Tourism Law in Europe

19 Authority highly recommends to follow the list of certified tour organisers, vendors of linked tourist service arrangements’ and travel retailers supervised by the Authority and provided in its internet page 37 . When travel services are purchased from a tourism services provider, established in Lithuania, the rights of the tourist are ensured by the legal acts of Lithuania, and in case of any questions or problems, consumers can contact the Authority. The situation is different when provider of tourism services is established in the other country. According to the Law on Tourism in such cases one of the two possible regimes is applicable: (i) rules on tourism service providers established in EU Member State or EFTA country (which together are considered as European Economic Area (EEA) countries) 38 ; (ii) rules on tourism service providers established in third countries which do not belong to EEA. The common European Union market determines that tour organisers and vendors of linked service arrangements’, established in EEA countries, which meet the requirements concerning the security of obligations applied in their country of establishment are automatically recognised in Lithuania and can provide their tourism services. Travel retailers established in another EEA country can provide services in Lithuania without restrictions. Accordingly, tourism service providers operating in a third country that sell or offer for sale organised tourist trips in Lithuania, must establish in Lithuania and comply with the requirements set out in the Law on Tourism. Otherwise, such activity is considered non- compliant and consumers bear the risk in case of the insolvency of the service provider or other possible damage. Protection of travellers is problematic and challenges are faced in the context of freedom of establishment, when mutual recognition of tour organisers and travel retailers, established in other EEA country is applied, as it raises reasonable concerns, when implementing travellers’ rights in practice. If the consumer has purchased the trip from a tour organiser established in another EEA country and this organiser is no longer able to fulfil its obligations, the consumer has to contact the authority of that EEA country which supervises the tourism 37 List is available i n https://vvtat.lt/vartojimo-paslaugos/turizmo-paslaugos/turizmo-paslaugu-teikejai/128. 38 According to the Joint Committee Decision of 27 June 2019, Travel Directive is incorporated into EEA Agreement and is applicable in EFTA countries; more information available in https://www.efta.int/eea- lex/32015L2302.