Tourism Law in Europe

7 protection rules 17 . Especially, the contract law was part of the EU law influence: the new specific contract type – broadly speaking package travel contract - was incorporated into the Lithuanian Civil Code. Before, the transposition of EU law, any similar contract type was not indicated by the law 18 . Therefore, it means that contractual protection measures for the tourists as a weaker party are mostly derived from the EU law. Besides this specific type of contract other types of contract may be relevant to the tourism area, such as lease contract, lease of dwelling in hotels, rental car contract, contract of remunerated services and others. These all contracts are regulated by the sixth book of the Civil Code. The coronavirus pandemic does not influence the structure of legal system in tourism area, however, obviously, impacted the regulation, in particular, the regulation of contractual relationship between tourism service provider and tourists, where exceptional measures in order to protect health were adopted, which caused limitation of travellers’ rights. That measures will be discussed in the fourth part of this article. Besides that, it is clear that the coronavirus pandemic has impacted the persons’ right to move and to travel. Lithuania as all countries of the European Union has applied different restrictions of movement, including the quite stringent measure not tomove from one to another municipality. These restrictions were stipulated by the decisions of Government; therefore, it has raised some legal discussions in Lithuania whether the rights of persons including the right to move were not breached since it has lacked legality as concern the competence of the Government to adopt such measures. The proportionality of the measures also has been argued. The question is still open and there is no final assessment provided by the courts including Constitutional Court of Lithuania. 17 On the influence of EU consumer law on the Lithuanian consumer law please see Bublienė, Danguolė. The impact of consumer acquis communautaire on national regulation: the example of the transposition of the Consumer Rights Directive into national law. In Lithuanian Legal system under the influence of European Union Law. Vilnius:Faculty of Law, Vilnius University, 2014. 18 On the transposition of the Travel directive into Lithuanian law please see Bublienė, Danguolė; Navickaitė- Sakalauskienė, Ieva. Implementation of the Package Travel and Linked Travel Arrangements Directive: Lithuanian experience // Collective Commentary on the New Package Travel Directive / editors Carlos Torres et all. Estoril : ESHTE - Estoril Higher Institute for TourismandHotelStudies,2020, ISBN 978-989-99955-7-4, p. 979-1016.

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