Consolidated version as of 1 January 2021
REPUBLIC OF LITHUANIA
LAW
ON TOURISM
19 March 1998 No VIII-667
(As last amended on 25 June 2020 – No XIII-3103)
Vilnius
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose and scope of the Law
1. This Law lays down the principles of the organisation of tourism services, requirements for the provision of tourism services and the protection of rights of tourists, and the remit of state and municipal institutions in the area of tourism.
2. The requirements of Chapter II of this Law shall not apply to:
1) packages and linked travel arrangements covering a period of less than 24 hours unless overnight accommodation is included;
2) packages offered, and linked travel arrangements facilitated, by a natural or legal person occasionally, on a not-for-profit basis and only to a limited group of travellers;
3. This Law has been harmonised with the legal acts of the European Union referred to in the Annex to this Law.
Article 2. Definitions
1. ‘Accommodation service’ means an economic activity allowing overnight accommodation and hygiene needs to be satisfied.
2. ‘Provider of accommodation services’ means a natural or legal person, any other organisation or a division thereof (hereinafter: a ‘legal person’) providing accommodation services in accordance with the procedure laid down by this Law.
4. ‘Excursion’ means a visit to objects or sites lasting less than a day, according to a specific itinerary and accompanied by a guide.
5. ‘Natural determinants of health’ means natural mineral waters, seawater, peloids (peat mud, sapropels, clay, etc.) that have been scientifically researched and recognised as having specific physical, chemical and biologically active properties and are used for health promotion and restoration purposes in accordance with the procedure laid down by law.
6. ‘Guide’ means a natural person meeting the requirements set out in Article 28(3) of this Law and holding a guide’s licence who, during excursions, provides specific information about the museums, art galleries, natural, cultural, scientific, exhibition-related or other objects or sites being the subject of the visit.
7. ‘Revenue’ means all receipts from packages and linked travel arrangements, whether or not they are recognised as income during the reporting period.
9. ‘Rural tourism service’ means an accommodation service provided to tourists in return for a fee in a rural residential area or in a town with a population not exceeding 3 000 inhabitants, where accommodation is combined with the provision of catering, recreation, entertainment or event hosting facilities.
10. ‘Room’ means premises or a group of premises specially furnished within a building dedicated for accommodation and made available by a provider of accommodation services to persons as an indivisible unit.
11. ‘Local representative of a tour organiser’ means a natural person authorised by the tour organiser at a tourist’s travel destination to provide tourists with the necessary assistance for the duration of a package travel.
12. ‘Tour organiser’ means a natural or legal person who combines and sells/offers for sale a package directly, through a travel retailer or together with a travel retailer, or transmits the traveller’s data to another provider of tourism services in accordance with Article 4(1)(2)(e) of this Law.
13. ‘Travel retailer’ means a natural or legal person other than a tour organiser who sells or offers for sale packages combined by a tour organiser.
14. ‘Tour leader’ means a natural person who provides tour-related information and accompanies tourists within the Republic of Lithuania and abroad.
15. ‘Resort’ means the status granted by law to a residential area with natural determinants of health (mineral waters, medicinal mud, a microclimate beneficial to health, recreational green areas, water bodies) that have been scientifically researched and recognised as having curative properties wherein a specialised infrastructure has been developed to use these determinants for therapeutic, health promotion, tourism and recreational purposes.
16. ‘Resort area’ means the status granted by the Government of the Republic of Lithuania to a residential area(s) or a part(s) thereof which has natural resources that may have curative properties and wherein special infrastructure has been developed to use these resources for health promotion, tourism and recreational purposes.
17. ‘Bed and breakfast service’ means an accommodation service provided to tourists for a fee where breakfast is provided in addition to the overnight accommodation.
18. ‘Package travel’ means a combination, created in accordance with the conditions set out in Article 4(1) of this Law, of at least two different tourismt services, namely, carriage of passengers, accommodation which is not intrinsically part of carriage of passengers and is not for residential purposes, rental of cars, motorcycles and other motor vehicles and any other service which is not intrinsically part of the tourism services referred to in this paragraph.
19. ‘Tourist’ means a natural person who seeks to conclude a contract for the provision of the tourism services referred to in this Law or who is entitled to travel on the basis of such a contract. Individuals travelling for business purposes, including members of liberal professions, or self-employed or other natural persons who have not concluded contracts of the type referred to in Article 1(2)(3) of this Law, shall be deemed to be tourists if they conclude a package travel contract and/or purchase a linked travel arrangement.
20. ‘Tourist camp site’ means a specially designated area containing pitches which are rented out to tourists for overnight stays in tents, camper vans or motorhomes.
21. ‘Tourist camping service’ means a service provided to tourists for a fee whereby a pitch is rented out on a tourist camp site to set up a tent or to park a camper van or motorhome for an overnight stay.
22. ‘Tourist repatriation’ means the return of a tourist to his place of departure or to another place the contracting parties agree upon.
23. ‘Tourist information centre’ means a provider of tourism services which, for free or for a fee, provides services to tourists, including the preparation, provision and/or dissemination of information on tourism resources and tourism services.
24. ‘Tourist resources’ means natural, cultural, scientific, religious, entertainment or other objects and/or sites of interest to tourists or geared to their needs.
25. ‘Tourism service’ means a service provided to tourists for a fee within the meaning of Article 3 of this Law.
26. ‘Trader facilitating linked travel arrangements’ means a natural or legal person meeting the requirements set out in Article 20 of this Law who facilitates a linked travel arrangement in accordance with the procedure laid down in Section Five of Chapter II of this Law.
27. ‘Linked travel arrangements’ means at least two different types of tourism services purchased for the purpose of the same trip or holiday under the conditions referred to in Article 21, which do not constitute a package, resulting in the conclusion of separate contracts with the individual providers of tourism services.
28. ‘Provider of tourism services’ means a natural or legal person who provides the tourism services referred to in Article 3 of this Law directly or through intermediaries.
29. ‘Tourist route’ means an integrated object of tourism and recreation infrastructure planned, constructed and marked with special route signs in an area for the purpose of recreational or tourist travel.
31. ‘Public tourism and recreation infrastructure’ means fixed or temporary structures and installations owned by the State or municipalities, other facilities (tourist routes, hiking/cycling trails, recreational areas, observation decks and car parks, camp sites and linked installations, beach installations, information points, hygiene and waste collection facilities and other facilities for event management, visitor services and recreation) designed to facilitate visits to recreational areas or tourist objects and/or the organisation of recreational activities.
32. ‘Local tourism’ means travel of residents of the Republic of Lithuania within the Republic of Lithuania.
33. Other concepts used in this Law shall be interpreted as they are defined in the Civil Code of the Republic of Lithuania, the Law of the Republic of Lithuania on Insurance, the Law of the Republic of Lithuania on Financial Reporting by Undertakings, the Law of the Republic of Lithuania on Services, the Law of the Republic of Lithuania on Corporate Income Tax, the Law of the Republic of Lithuania on Value Added Tax, the Law of the Republic of Lithuania on Recognition of Regulated Professional Qualifications, the Law of the Republic of Lithuania on Strategic Management, the Law of the Republic of Lithuania on the Territorial Administrative Units and Their Boundaries, the Law of the Republic of Lithuania on Consumer Protection, the Law of the Republic of Lithuania on Civil Protection, the Law on the Republic of Lithuania on Martial Law, the Law of the Republic of Lithuania on Mobilisation and Support of the Host Country, the Law of the Republic of Lithuania on a State of Emergency and the Law of the Republic of Lithuania on the Prevention and Control of Communicable Diseases in Humans.
Article 3. Types of tourism services
1. Services of the organisation of travel shall be:
3. For the purposes of this Law, the following services that constitute a linked travel arrangement pursuant to the provisions of Section Five of Chapter II of this Law shall also be deemed to be tourism services:
3) accommodation services which are not intrinsically part of carriage of passengers and which are provided under contracts for the tourism services referred to in this Law;
Article 4. Combination of a package travel
1. A combination of tourism services shall be deemed to constitute a package if they are combined in accordance with the conditions set out in point 1 or 2 of this paragraph:
1) the tourism services are combined by one tour organiser at the request of or in accordance with the selection made by the tourist, before a single contract on all tourism services is concluded;
2) the tourism services, irrespective of whether separate contracts are concluded with individual providers of tourism services, meet at least one of the following conditions:
a) they are selected by the tourist before the tourist agrees to pay for them and are purchased from a single point of sale;
c) they are advertised or sold under the term ‘organizuota turistinė kelionė’ [package travel], ‘paketas’ [package] or a similar term;
d) they are combined after the conclusion of a contract by which a tour organiser entitles the tourist to choose among a selection of different types of tourism services;
e) they are purchased from separate providers of tourism services through linked online booking processes where the tourist’s forename and surname, payment details and e-mail address are transmitted from the provider of tourism services with whom the first contract is concluded to another provider or providers of tourism services and a contract with the latter provider or providers of tourism services is concluded at the latest 24 hours after the confirmation of the booking of the first tourism service.
2. A combination of tourism services where not more than one type of tourism services referred to in point 1, 2 or 3 of Article 3(3) of this Law, not intrinsically part of a travel and combined with one or more tourism services referred to in Article 3(3)(4) of this Law, shall not be considered a package travel if the latter tourism services meet at least one of the following conditions:
1) they do not account for a significant proportion of the value of the combination of the tourism services, do not represent an essential feature of the combination and are not advertised as such;
3. If other tourism services referred to in Article 3(3)(4) of this Law account for 25% or more of the value of a combination of tourism services, they shall be considered as representing a significant proportion of the value of the package.
Article 5. Provision of information
1. A tour organiser or a travel retailer must, before a tourist is bound by a package travel contract, provide the tourist with the information referred to in Article 6.748(1) of the Civil Code in the state language. Information shall be provided by means of the relevant form for the provision of information as set out to in paragraph 4 of this Article.
2. In the case referred to in Article 4(1)(2)(e) of this Law, a tour organiser and a provider of tourism services to which a tourist’s data have been transmitted must, before the tourist is bound by a contract, provide the information referred to in paragraph 1 of this Article using the form for the provision of information referred to in paragraph 4 of this Article in so far as it is relevant for the respective tourism services they offer.
3. In the case referred to in Article 4(1)(2)(e) of this Law, a provider of tourism services to which a tourist’s data have been transmitted shall inform a tour organiser without delay of the conclusion of a package travel contract and provide the tour organiser with the information necessary to comply with his obligations as a tour organiser. As soon as the tour organiser receives this information, the tour organiser shall provide to the tourist the information referred to in Articles 6.748(1) and 6.749(2) of the Civil Code on a durable medium.
4. The forms for the provision of information used to conclude a package travel contract in the physical presence of a tour organiser/travel retailer and a tourist or remotely (by phone or e-mail) shall be approved by an institution authorised by the Government.
Article 6. Conclusion of a package travel contract
1. A package travel contract concluded directly between a tourist and a tour organiser acting either directly or indirectly through travel retailers shall be concluded in accordance with the provisions of the Law of the Republic of Lithuania on the State Language and the Civil Code.
Article 7. Tour organiser
1. A tour organiser holding a tour organiser’s licence issued in accordance with the procedure laid down in Article 9 of this Law shall have the right to organise package travel.
2. A tour organiser must:
1) hold a valid document evidencing security for the fulfilment of a tour organiser’s obligations as specified in Article 12 of this Law and the documentation attesting to the amount of security for the fulfilment of obligations as shown in the document evidencing security for the fulfilment of obligations;
2) ensure that the amount of security for the fulfilment of obligations meets the requirements referred to in Article 13 of this Law;
3) provide, within 10 working days from the date on which it became aware of, or should have become aware of, changes to the information referred to in this paragraph, to an institution authorised by the Government information on:
a) branches or other subdivisions of a legal person established or closed through which the tour organiser intends to conduct or has ceased the activity referred to in a tour organiser’s licence;
b) changes to the tour organiser’s legal form, legal status, address of the registered office or other places of business;
c) changes in the data contained in the application for the issue of a tour organiser’s licence and in the supporting documentation referred to in Article 9(1) of this Law;
5) where outbound tourism services are provided, not later than within 20 working days from the end of the quarter concerned, submit to an institution authorised by the Government a report in the format specified by this institution containing the information needed to carry out supervision of the tour organiser’s activities (hereinafter: a ‘tour organiser’s report’);
6) where outbound tourism services are provided involving charter flights, submit to an institution authorised by the Government a revenue table in the format approved by the institution authorised by the Government at the end of the month in question but not later than within 5 working days from the last day of the month;
7) where no outbound tourism services are provided, submit to an institution authorised by the Government a tour organiser’s report not later than within 20 working days from the last day of the calendar year;
8) give, not later than within one working day from transpiration of the circumstances referred to in this paragraph, a written notice to an institution authorised by the Government that the tour organiser cannot fulfil, or does not intend to fulfil, its obligations to tourists;
9) give, not later than within one working day from transpiration of the circumstances referred to in this paragraph, a written notice to an institution authorised by the Government that: a court has admitted a petition for the opening of a bankruptcy proceeding against the tour organiser or a proposal has been submitted in accordance with the procedure laid down in the Enterprise Bankruptcy Law of the Republic of Lithuania to creditors of the tour organiser being a legal person to conduct bankruptcy procedures out of court; a court has issued a ruling to open or terminate a bankruptcy proceeding against the tour organiser being a natural person; a court has issued a ruling to open or terminate a bankruptcy proceeding against the tour organiser being a legal person; a court has adopted a decision to close a bankruptcy proceeding against the tour organiser being a natural person; a court has issued a ruling to approve a settlement agreement; a court has issued a ruling to liquidate the tour organiser being a legal person on the grounds of bankruptcy;
10) submit, not less than 20 working days before the expiry of the document securing the fulfilment of obligations, to an institution authorised by the Government a new document evidencing security for the fulfilment of a tour organiser’s obligations and the documentation attesting to the amount of security for the fulfilment of obligations as shown in that document;
11) ensure that the equity capital of the tour organiser being a public limited liability company or a private limited liability company is at least half of the authorised capital indicated in the statutes. If the legal form of the tour organiser being a legal person is other than a public limited liability company or a private limited liability company, the total amount of property obligations of the tour organiser being a legal person may not exceed the legal person’s total assets. The requirement of this paragraph shall not apply to a tour organiser being a natural person;
3. The requirements of points 1 and 2 of paragraph 2 of this Article shall not apply to a tour organiser providing inbound tourism services only.
Article 8. Requirement of good repute
1. A tour organiser (in the case of a natural person) and a tour organiser’s representatives (in the case of a legal person) referred to in paragraph 2 of this Article (hereinafter: ‘representatives of a legal person’) must be of good repute.
Note from the Register of Legal Acts. Persons referred to in Article 8(1) who, prior to the entry into force of Law No XIII-1447 (17-07-2018) acquired the right to provide a tour operator’s services and who meet the requirements of good repute specified for them prior to the entry into force of Law No XIII-1447 (17-07-2018) shall be deemed to be of good repute after the entry into force of Law No XIII-1447 (17-07-2018), unless after the entry into force of Law No XIII-1447 (17-07-2018) the circumstances specified in Article 8(3) of the Law of the Republic of Lithuania on Tourism arise.
2. The following shall be deemed to be representatives of a legal person:
4) a participant holding a portion of the legal person’s authorised capital and/or voting rights conferring more than a quarter of the voting rights at the general meeting of participants. Where the participant is a legal person, this provision shall apply to the representative of the legal person referred to in points 1, 2 and 3 of this paragraph;
3. A person referred to in paragraph 1 of this Article shall not be considered to be of good repute if:
1) he has been found guilty of committing a serious or grave crime or a crime or a misdemeanour within the meaning of the Criminal Code of the Republic of Lithuania against property, property rights and property interests, the economy and business practice, the financial system, where his conviction for the above-mentioned crimes has not been expired or has not been expunged or less than five years have elapsed from the coming into effect of a court judgment whereby a natural person was found guilty of misdemeanours referred to in this paragraph;
2) he has been imposed administrative or disciplinary penalties, where such penalties have been imposed for infringement of the provisions of laws or other legal acts regulating the provision of tourism services and requirements relating to the protection of tourists’ rights and where he has been sanctioned on this ground more than once during a year;
3) within the preceding five years he, as the representative of a legal person (a participant holding a portion of the legal person’s authorised capital and/or voting rights conferring more than a quarter of the voting rights at the general meeting of participants), has had his right to exercise his voting right at a meeting of the legal person’s participants suspended in accordance with the procedure laid down by law;
4) within the preceding five years, he has acted in the capacity of the representative, as referred to in points 1, 2, 3 and 4 of paragraph 2 of this Article, of a tour organiser being a legal person against whom a bankruptcy proceeding has been opened and who has become insolvent or declared bankrupt and, as a result of such actions, damage has been done to tourists;
5) within the preceding five years, he has acted in the capacity of the representative, as referred to in points 1, 2, 3 and 4 of paragraph 2 of this Article, of a tour organiser being a legal person whose tour organiser’s licence was revoked due to infringements of the requirements set out in points 1, 2, 3, 4 and 5 of Article 11(2) of this Law;
6) within the preceding five years he has been a tour organiser being a natural person against whom a bankruptcy proceeding has been opened, who has become insolvent or in respect of whom a court has adopted a decision to terminate a natural person’s bankruptcy proceeding and damage has been done to tourists as a result of these actions.
Article 9. Issue of a tour operator’s licence
1. A person wishing to obtain a tour organiser’s licence must meet the requirements set out in points 1, 2 and 11 of Article 7(2) of this Law and Article 8(1) of this Law and submit to an institution authorised by the Government an application for the issue of a tour organiser’s licence and the documents attesting to compliance with the requirements set out in his paragraph.
2. An institution authorised by the Government, having within 20 working days examined a person’s application and supporting documents and assessed compliance with the requirements set out in paragraph 1 of this Article, may:
2) require the person who has lodged the application to provide all the necessary missing documents or correct the particulars contained in documents within five working days from receipt of an obligation from the institution authorised by the Government;
3) take a reasoned decision not to issue a tour organiser’s licence where the person concerned does not meet the requirements set out in paragraph 1 of this Article, fails to correct identified shortcomings within the time limit referred to in point 2 of this paragraph or is not deemed to be of good repute pursuant to Article 8 of this Law.
3. A tour organiser may only engage in the types of activity referred to in a tour organiser’s licence (outbound, inbound or local tourism).
Article 10. Suspension, extension of suspension and lifting of suspension of a tour organiser’s licence
1. An institution authorised by the Government must, without delay but not later than within one working day from the transpiration of the circumstances referred to in this paragraph, suspend a tour organiser’s licence for ten working days in the cases referred to in this paragraph:
1) following the taking of a decision to issue a tour organiser’s licence, facts have transpired that would have resulted in the applicant’s being refused the issue of a tour organiser’s licence;
2) the amount of security for the fulfilment of obligations as shown in a valid document evidencing security for the fulfilment of obligations does not meet the requirements set out in Article 13 of this Law, other than where the tour organiser adjusts the amount of security in accordance with Article 14(1) of this Law;
3) the tour organiser fails to submit to the institution authorised by the Government, not less than 20 working days before the expiry of the document evidencing security for the fulfilment of obligations, a new document evidencing security for the fulfilment of the tour organiser’s obligations and the documentation attesting to the amount of security for the fulfilment of obligations as shown in that document;
4) the tour organiser fails to fulfil the obligations laid down in points 5, 6 and 7 of Article 7(2) of this Law;
5) the tour organiser has notified creditors and the institution authorised by the Government in writing that he cannot fulfil his obligations or does not intend to do so;
6) by a reasoned decision where, during a check on the tour organiser, the institution authorised by the Government establishes that the tour organiser cannot fulfil his obligations in respect of tourists under the terms of concluded package travel contracts;
2. An institution authorised by the Government shall, not later than on the next working day following the taking of a decision to suspend a tour operator’s certificate/licence, notify a tour operator in writing of the decision of the institution authorised by the Government to suspend a tour operator’s certificate.
3. A tour organiser must, within ten working days from receipt of a notification of a decision by an institution authorised by the Government to suspend a tour organiser’s licence, remedy the circumstances referred to in paragraph 1 of this Article. Where it transpires that the tour organiser does not meet the requirements of good repute pursuant to Article 8(3) of this Law, the tour organiser must, within the time limit laid down in this paragraph, provide to the institution authorised by the Government the documents and information refuting this fact or provide documents and information to the effect that the representatives of the tour organiser being a legal person have changed, new representatives have been appointed/elected. Where for objective reasons the circumstances referred to in paragraph 1 of this Article cannot be remedied within the time limit laid down in this paragraph, the institution authorised by the Government may, at a reasoned request of the tour organiser, extend the period of suspension of a tour organiser’s licence, but not longer than for ten working days, and not more than once.
4. Where an institution authorised by the Government suspends a tour organiser’s licence, the tour organiser shall, from the receipt of a notification of a decision by the institution authorised by the Government to suspend a tour organiser’s licence, be prohibited from assuming new obligations in respect of tourists, but must discharge all the obligations in respect of tourists entered into prior to the receipt of the notification of the decision by the institution authorised by the Government to suspend a tour organiser’s licence.
5. An institution authorised by the Government may, at a request of a tour organiser, suspend a tour organiser’s licence for a period of up to six months where the tour organiser has fulfilled all his package travel obligations in respect of tourists and provides supporting documentation.
6. Where a tour organiser remedies the circumstances referred to in paragraph 1 of this Article within the time limit referred to in paragraph 3 of this Article, an institution authorised by the Government shall, not later than the next working day following the receipt of information about the remedying of the mentioned circumstances and of the relevant supporting documents, lift the suspension of a tour organiser’s licence.
Article 11. Revocation of a tour organiser’s licence
1. Where it transpires that a tour organiser does not meet the requirements set out in Article 7(2)(11) of this Law, an institution authorised by the Government shall warn the tour organiser in writing about revocation of a tour organiser’s licence if he fails to remedy the shortcoming referred to in this paragraph within three months from the receipt of the warning from the institution authorised by the Government.
2. An institution authorised by the Government shall revoke a tour organiser’s licence on the next working day following the emergence of the mentioned circumstances have emerged where:
1) the tour organiser fails, within the time limit laid down in the first sentence of Article 10(3) of this Law or in accordance with the procedure laid down in Article 10(3) of this Law, to remedy the infringements resulting in suspension of the tour organiser’s licence;
3) the tour organiser fails, within three months from the receipt of a warning from the institution authorised by the Government about revocation of his licence, to remedy the shortcoming referred to in paragraph 1 of this Article;
4) upon the coming into effect of a court ruling to open a bankruptcy proceeding against the tour organiser being a legal person or a creditors’ meeting passes a resolution to conduct bankruptcy procedures against the tour organiser being a legal person out of court;
5) upon the coming into effect of a court ruling to open a bankruptcy proceeding against the tour organiser being a natural person, however he fails to submit to the institution authorised by the Government a court authorisation to engage in an individual activity within ten working days from the coming into effect of the court ruling, or upon the coming into effect of a court ruling approving a solvency restoration plan for the natural person, however the plan does not provide for that person to engage in an individual activity;
6) it transpires that the tour organiser being a legal person is being liquidated or terminates on other statutory grounds;
3. An institution authorised by the Government may, at a request of a tour organiser, revoke a tour organiser’s licence where the tour organiser has fulfilled all package travel obligations in respect of tourists and provides supporting documentation.
4. An institution authorised by the Government shall, not later than on the next working day following the taking of a decision to revoke a tour organiser’s licence, notify the tour organiser in writing of the decision by the institution authorised by the Government to revoke the tour organiser’s licence.
Article 12. Security for the fulfilment of a tour organiser’s obligations
1. The fulfilment of the obligations of a tour organiser established in the Republic of Lithuania, other than a tour organiser engaged in inbound tourism activities, shall be secured by means of a valid suretyship insurance taken out with an insurance undertaking and/or a financial guarantee provided by a financial institution.
2. A tour organiser must submit to an institution authorised by the Government a suretyship insurance contract concluded with an insurance undertaking and/or a financial guarantee provided by a financial institution under which the insurance undertaking or the financial institution respectively undertakes to pay to the institution authorised by the Government a reasonable amount required by it to compensate for tourists’ losses, not exceeding the amount indicated respectively in the suretyship insurance contract and/or the financial guarantee provided by the financial institution, in the event that the tour organiser fails to fulfil the obligations specified in Article 15(1) of this Law.
3. The minimum period of validity of a suretyship insurance contract concluded by a tour organiser with an insurance undertaking and/or of a financial guarantee provided by a financial institution shall be three months.
Article 13. Calculation of the amount of security for the fulfilment of a tour organiser’s obligations
1. The minimum amount of security for the fulfilment of obligations of a tour organiser for local tourism shall be EUR 3 000.
2. The amount of security for the fulfilment of obligations of a tour organiser for outbound tourism must be whichever is the largest of the following amounts:
3) 7% of the sum of revenue received by the tour organiser for the four consecutive immediately preceding and completed quarters from the sale of package travel under all package travel contracts concluded by the tour organiser;
3. Where a tour organiser provides local or outbound tourism services, the amount of security for the fulfilment of obligations shall be calculated in accordance with paragraph 2 of this Article.
Article 14. Adjustment of the amount of security for the fulfilment of obligations
1. If the amount of security for the fulfilment of a tour organiser’s obligations falls below that specified in Article 13 of this Law, the tour organiser must, without delay but not later than within one working day from the emergence of the circumstance referred to in this paragraph, refer to an insurance undertaking or a financial institution for adjustment of the amount of security for the fulfilment of obligations. The insurance undertaking or the financial institution shall, not later than within four working days from the tour organiser’s referral, take a decision on adjustment of the amount of security. The tour organiser must, not later than within five working days from his referral to the insurance undertaking or the financial institution, submit to an institution authorised by the Government a document evidencing security for the fulfilment of obligations and the documentation attesting to the amount of security for the fulfilment of obligations, as shown in that document.
2. A tour organiser may not assume new commitments in respect of tourists as from his referral to an insurance undertaking or a financial institution for adjustment of the amount of security for the fulfilment of obligations until the submission of an adjusted document evidencing security for the fulfilment of obligations to an institution authorised by the Government.
Article 15. Coverage of security for the fulfilment of obligations
1. A tour organiser shall guarantee that the security for the fulfilment of obligations he holds covers:
1) the repatriation of a tourist to his place of departure, including the necessary accommodation foreseen in a package travel contract until such time as the tourist is returned to his place of departure, and the refund to the tourist of the payment received from the tourist for package travel corresponding to the costs of the services not performed if after the start of the package travel it transpires that the tour organiser will be unable to continue the performance of the package travel contact;
2) the refund to a tourist of the payment received from the tourist for a package travel if before the start of the package travel it transpires that the tour organiser will be unable to begin the performance of the package travel contract;
3) the issue of a voucher to a tourist under the conditions and in accordance with the procedure laid down in Article 171 of this Law.
Note from the Register of Legal Acts. The provisions of point 3 of paragraph 1 shall apply also to the package travel contracts concluded prior to the entry into force of Law No XIII-2862 (24-04-2020) under which package tours have not taken place due to the restrictions applied prior to the entry into force of this Law.
2. An institution authorised by the Government which acts as a beneficiary shall be entitled to receive the amount of security for the fulfilment of obligations due to at least one of the following circumstances arising during the period of validity of a suretyship insurance contract or a financial guarantee provided by a financial institution:
3. Security for the fulfilment of obligations shall not cover:
1) damage suffered by a tourist as a result of the services, as offered by a tour organiser, being of insufficient quality;
3) damage suffered by the tourist where, in the cases specified in the Civil Code and/or in a package travel contract, the tour organiser is not held liable for the non-fulfilment of obligations assumed in respect of the tourist;
4. A tourist must, not later than within three months from publication by an institution authorised by the Government of information on the filing and examination of claims for damages, contact the institution authorised by the Government. Damages shall be awarded in accordance with the procedure laid down by the Government or the institution authorised by it.
5. The amount of security for the fulfilment of obligations shall be used in the following order:
1) to compensate for losses incurred during the return of the tourist to his place of departure, including the cost of necessary accommodation as provided for in a package travel contract until the return of the tourist to his place of departure;
6. A suretyship insurance benefit or the amount specified in a financial guarantee shall be paid within the following time limits:
1) an insurance undertaking pays the suretyship insurance benefit and/or a financial institution pays the amount specified in the financial guarantee provided by it for the purpose of the tourist’s return to his place of departure, including the cost of necessary accommodation as provided for in a package travel contract until the tourist’s return to his place of departure, without delay but not later than within one working day from the receipt of a written request of an institution authorised by the Government and the supporting documentation; in this case, the documentation and related information shall be provided to the insurance undertaking and/or to the financial institution by the institution authorised by the Government without delay but not later than within one working day from the receipt of the documents supporting the written request;
2) the insurance undertaking pays the suretyship insurance benefit and/or the financial institution pays the amount specified in the financial guarantee provided by it to compensate for other losses referred to in this Article not later than within ten working days from the receipt of the written request of the institution authorised by the Government and the supporting documentation.
7. An insurance undertaking shall have the right not to pay a suretyship insurance benefit and/or the amount specified in a financial guarantee provided by a financial institution when the losses incurred are fully compensated by a tour organiser, a trader facilitating a linked travel arrangement or a third party, or to reduce the amount of the suretyship insurance benefit in proportion to the amount of the losses compensated by the tour organiser, the trader facilitating the linked travel arrangement or the third party. The third party who has compensated for losses shall have the right of claim to a suretyship insurance benefit or a part thereof in accordance with the procedure laid down in the Civil Code.
Article 16. Territorial coverage of security for the fulfilment of obligations
Fulfilment of obligations of a tour organiser established in the Republic of Lithuania shall be secured for all tourists who have purchased a package, regardless of their place of residence, their point of departure or place of purchase of the package and regardless of the Member State in which the body responsible for securing the fulfilment of obligations is located.
Article 17. Provision of assistance to tourists during a package travel
1. A tour organiser must, without undue delay, provide a tourist in difficulty with necessary assistance during a package travel or in the event of force majeure:
1) provide appropriate information on health care services, local authorities and consular assistance;
Article 171. Voucher
1. In the event of war, state of emergency, mobilisation, quarantine, emergency or emergency event or when citizens of the Republic of Lithuania are prohibited from leaving the Republic of Lithuania or nationals of other countries are prohibited from entering the Republic of Lithuania (hereinafter: ‘restrictions’) and, as a result, it becomes impossible to fulfil a tour organiser’s obligations under a package travel contract, a tourist may, by agreement between the tourist and the tour organiser, be compensated for the unperformed package by providing the tourist with a voucher the value of which shall not be lower than the amount of the payment received from the tourist for the package.
2. A tourist may use a voucher to pay for one or more future travels organised by the same tour organiser the value of which corresponds to the value of the voucher, after the end of the restrictions (hereinafter: ‘future travel’). If the cost of the future travel is higher than the value of the voucher, the tourist may also use the voucher to pay for a part of a future travel and settle for the remaining unpaid cost of the future travel in money.
3. The same conditions of security for the fulfilment of a tour organiser’s obligations shall apply to the future travel as would apply if a tourist had settled for the future travel in money.
4. A voucher must comply with the following conditions:
1) it may only be issued in respect of package travel contracts, where restrictions were applied at the start of or during the performance of the package performed under such contracts;
2) it may be issued only in respect of a specific unperformed package travel contract and may be transferred to other persons under the terms and conditions and in accordance with the procedure for the transfer of a package travel contract to another tourist as set out in that contract;
3) the voucher may be used to pay for a future travel or, in the case referred to in paragraph 2 of this Article, for a part thereof the start date of which is no later than 12 months after the end of the restrictions;
5. If a tourist does not settle for the future travel with a voucher within the period referred to in point 3 of paragraph 4 of this Article, a tour organiser shall refund to a tourist the amount of money corresponding to the value of the voucher no later than within 14 days after the end of that period.
Note from the Register of Legal Acts. The provisions of Article 171 shall apply also to the package travel contracts concluded prior to the entry into force of Law No XIII-2862 (24-04-2020), where the package to be performed under such contracts was not performed due to the restrictions applied prior to the entry into force of this Law.
Article 18. Travel retailer
1. A travel retailer may use the combination of words ‘kelionių agentūra’ [travel agency] in its title for marketing purposes.
2. Prior to commencing activities, a travel retailer must submit to an institution authorised by the Government a travel retailer’s declaration in the format specified by the institution authorised by the Government confirming that it meets the requirement set out in point 4 of paragraph 3 of this Article and submit annual financial statements (with the exception of natural persons). The travel retailer being a newly registered undertaking must submit to the institution authorised by the Government a balance sheet of the commencement of economic activity. The requirement regarding submission of annual financial statements shall not apply to newly registered undertakings. The travel retailer may commence activity on the next day following the submission of the declaration to the institution authorised by the Government or following the day indicated in the travel retailer’s declaration, where this is later than the next day following the submission of the declaration.
3. A travel retailer must:
1) provide tourists with the information referred to in Article 6.748 of the Civil Code. The burden of proving that the requisite information has been provided shall lie with the travel retailer;
2) conclude, on behalf of a tour organiser, package travel contracts with tourists in accordance with the procedure laid down in Article 6 of this Law;
3) submit, at the end of the calendar year and not later than within 90 working days from the last day of the calendar year, to an institution authorised by the Government a report in the format specified by this institution containing the data required to exercise supervision of the activities of the travel retailer (hereinafter: a ‘travel retailer’s report’);
4) ensure that the equity capital of the travel retailer being a public limited liability company or a private limited liability company is at least half of the authorised capital indicated in the statutes. If the legal form of the travel retailer being a legal person is other than a public limited liability company or a private limited company, the total amount of financial obligations of the travel retailer may not exceed the legal person’s total assets. The requirement of this paragraph shall not apply to a travel retailer being a natural person.
4. Where it transpires that a travel retailer does not meet the requirements set out in point 4 of paragraph 3 of this Article, an institution authorised by the Government shall send to the travel retailer a written warning about revocation of its right to provide travel retail services if it fails to remedy the shortcoming referred to in this paragraph within three months from the receipt of the warning.
5. Where a travel retailer fails to meet the requirement set out in point 3 of paragraph 3 of this Article, an institution authorised by the Government shall impose upon the travel retailer the obligation to submit a travel retailer’s report within ten working days from the receipt of the notification from the institution authorised by the Government.
6. An institution authorised by the Government shall revoke the travel retailer’s right to provide these services on the next working day following the emergence of the circumstances referred to in this paragraph where:
1) the travel retailer fails to comply with the obligation, as referred to in paragraph 4 of this Article, imposed by the institution authorised by the Government;
Article 19. Possibility of contacting a tour organiser via a travel retailer
Where a package travel contract is concluded via a travel retailer, a tourist may address messages, requests or claims directly to the travel retailer, who will forward the messages, requests or claims to a tour organiser without undue delay. Receipt by the travel retailer of the tourist’s messages, requests or claims shall be considered as receipt by the tour organiser.
Article 20. Trader facilitating linked travel arrangements
1. The trader facilitating linked travel arrangements must, before offering linked travel arrangements to tourists, submit to an institution authorised by the Government the following:
1) a trader’s declaration, in a format approved by the institution authorised by the Government, confirming compliance with the requirements set out in points 3 and 4 of paragraph 3 of this Article;
2. A trader facilitating linked travel arrangements may commence activity the next day following the submission of the declaration to an institution authorised by the Government or following the day indicated in the trader’s declaration, where this is later than the next day following the submission of the declaration.
3. A trader facilitating linked travel arrangements must:
2) submit, at the end of the calendar year and not later than within 90 working days from the last day of the calendar year, to an institution authorised by the Government a report in the format specified by this institution containing the data required to exercise supervision of the activities of the trader (hereinafter: a ‘trader’s report’);
3) ensure that the equity capital of the trader being a public limited liability company or a private limited liability company is at least half of the authorised capital indicated in the statutes. If the legal form of the trader being a legal person is other than a public limited liability company or a private limited company, the total amount of financial obligations of the trader may not exceed the legal person’s total assets. The requirement of this paragraph shall not apply to a trader being a natural person;
4) ensure that the amount of security for the fulfilment of obligations as shown in a valid document evidencing security for the fulfilment of obligations, which is referred to in point 2 of paragraph 1 of this Article, corresponds to the minimum security for the fulfilment of obligations as referred to in Article 23(3) of this Law or the sum of revenue received by the trader under all contracts concluded by the trader and not yet performed.
4. Where it transpires that a trader facilitating linked travel arrangements does not meet the requirements set out in point 3 of paragraph 3 of this Article, an institution authorised by the Government shall warn the trader facilitating linked travel arrangements in writing about revocation of his right to engage in the activities of a trader facilitating linked travel arrangements if the trader facilitating linked travel arrangements fails to remedy the identified shortcomings within three months from the receipt of the warning from the institution authorised by the Government. Where it transpires that the trader facilitating linked travel arrangements does not meet the requirements set out in point 4 of paragraph 3 of this Article, the institution authorised by the Government shall warn the trader facilitating linked travel arrangements about revocation of his right to engage in the activities of a trader facilitating linked travel arrangements if he fails to remedy the identified shortcomings within ten working days from the receipt of the warning from the institution authorised by the Government. The institution authorised by the Government may, at a reasoned request of the trader facilitating linked travel arrangements, extend this time limit, but for no more than ten working days and not more than once.
5. Where a trader facilitating linked travel arrangements fails to meet the requirement set out in point 3 of paragraph 2 of this Article, an institution authorised by the Government shall impose upon the trader facilitating linked travel arrangements the obligation to submit a trader’s report within ten working days from the receipt of the notification from the institution authorised by the Government.
6. An institution authorised by the Government shall revoke the right of a trader facilitating linked travel arrangements to engage in such activities on the next working day following the emergence of the circumstances referred to in this paragraph where:
1) the trader facilitating linked travel arrangements fails to comply with the obligation, as referred to in paragraph 4 of this Article, imposed by the institution authorised by the Government;
7. An institution authorised by the Government shall, not later than on the next working day following the taking of a decision to revoke the right of a trader facilitating linked travel arrangements to engage in the activities of a trader facilitating linked travel arrangements, notify the trader facilitating linked travel arrangements thereof in writing.
Article 21. Creation of a linked travel arrangement
1. A linked travel arrangement shall be deemed created where a trader facilitating linked travel arrangements facilitates:
1) on the occasion of a single visit or contact with the point of sale of the trader facilitating the linked travel arrangement, the separate selection and separate payment of each tourism service by a tourist;
2. Where no more than one type of tourism service as referred to in points 1, 2 and 3 of Article 3(3) of this Law and one or more tourism services as referred to in Article 3(3)(4) of this Law are purchased, they shall not constitute a linked travel arrangement if the latter services do not account for a significant proportion of the combined value of the services and are not advertised as, and do not otherwise represent, an essential feature of the trip or holiday.
Article 22. Provision of information to tourists with a view to the acquisition of linked travel arrangements
1. A trader facilitating linked travel arrangements must, before a tourist is bound by any tourism service contract leading to the creation of a linked travel arrangement or any corresponding offer, state to the tourist in a clear and comprehensible manner that:
1) the tourist will not benefit from the rights applicable to a package travel pursuant to the Civil Code or this Law;
2) each service provider will be solely responsible for the proper contractual performance of his service;
3) the tourist will be refunded all payments made for the linked travel arrangement insofar as a tourism service which is part of this arrangement is not performed as a consequence of the insolvency of the trader facilitating linked travel arrangements or if it becomes clear that he will be unable to start the performance of the tourism service;
2. The information referred to in paragraph 1 of this Article shall be provided by a trader facilitating linked travel arrangements using the information format approved by an institution authorised by the Government.
3. Where a trader facilitating linked travel arrangements fails to provide a tourist with the information referred to in paragraph 1 of this Article and fails to ensure compliance with the requirements relating to security for the fulfilment of obligations pursuant to Article 23 of this Law, he shall be subject to the rights and obligations incumbent on a tour organiser, liability and the provisions regarding damages under a package travel contract referred to in Articles 6.750, 6.751, 6.7521(3)(1), 6.753, 6.754 and 6.7541 of the Civil Code, as well as Articles 17 and 19 of this Law, insofar as these relate to tourism services included in linked travel arrangements. In the case referred to in this paragraph, the tourist shall also acquire the rights included in the articles referred to in this paragraph.
4. Where a tourist purchases a linked travel arrangement under a contract with a provider of tourism services other than a trader facilitating linked travel arrangements, this provider of tourism services shall inform without delay the trader facilitating linked travel arrangements of the conclusion of the contract with the tourist.
Article 23. Security for the fulfilment of obligations of a trader facilitating linked travel arrangements
1. The fulfilment of obligations of a trader facilitating linked travel arrangements shall be secured by means of a valid suretyship insurance taken out with an insurance undertaking and/or a financial guarantee provided by a financial institution.
2. A trader facilitating linked travel arrangements must provide to an institution authorised by the Government a suretyship insurance contract concluded with an insurance undertaking and/or a financial guarantee provided by a financial institution to ensure that, in the event of insolvency of the trader facilitating linked travel arrangements, opening of a bankruptcy proceeding against the trader facilitating linked travel arrangements, initiation of the bankruptcy process out of court or a liquidation procedure against him, or in the event of death of the trader facilitating linked travel arrangements being a natural person, the fulfilment of his obligations will be secured, namely:
1) the refund of payments received from a tourist for an unperformed service and/or for an improperly performed service, where this service is part of a linked travel arrangement;
2) the return of the tourist to his place of departure where the trader facilitating linked travel arrangements is the party responsible for the carriage of passengers;
3. The minimum amount of security for the fulfilment of obligations of a trader facilitating linked travel arrangements shall be EUR 10 000.
4. Where a trader facilitating linked travel arrangements is the party responsible for the carriage of passengers, the amount of security for the fulfilment of his obligations shall be calculated in accordance with Article 13(2)(1) of this Law.
5. The minimum period of validity of a suretyship insurance contract concluded by a trader facilitating linked travel arrangements with an insurance undertaking and/or of a financial guarantee provided by a financial institution shall be three months.
6. Fulfilment of obligations of a trader facilitating linked travel arrangements established in the Republic of Lithuania shall be secured for all tourists who have purchased a linked travel arrangement, regardless of their place of residence, their place of departure or place of purchase of this arrangement and regardless of the Member State in which the body responsible for securing the fulfilment of obligations is located.
7. The provisions of Article 15(4) to (7) of this Law regarding compensation to tourists for the expenses incurred shall apply mutatis mutandis to a trader facilitating linked travel arrangements.
Article 24. Liability for booking errors
1. A provider of tourism services providing the tourism services referred to in Article 3(1) of this Law shall be liable for any technical defects in the booking system which are attributable to him when concluding a package travel contract or facilitating a linked travel arrangement.
2. Where a provider of tourism services referred to in paragraph 1 of this Article agrees to book a package or facilitate a linked travel arrangement, he shall be liable for any errors made during the booking process.
Article 25. Lodging of claims and settlement of disputes
1. Claims arising during a package travel in relation to failure to perform or improper performance of a package travel contract must, without undue delay, be lodged in writing on paper or using another durable medium with a tour organiser’s local representative, a tour leader, a contact point or any other service or, in the absence of these, with the tour organiser.
2. Disputes in relation to failure to perform or improper performance of a package travel contract and the services included in a linked travel arrangement may be examined out of court in accordance with the procedure laid down in the Law of the Republic of Lithuania on Consumer Protection, and disputes in relation to redress may be taken to court.
Article 26. Providers of tourism services of other European Union Member States and administrative cooperation
1. The services relating to the organisation of travel as referred to in Article 3 of this Law may be provided in the Republic of Lithuania by a tour organiser established in another European Union Member State or by a trader facilitating linked travel arrangements holding a security for the fulfilment of obligations in accordance with the requirements set out by the EU Member State of their establishment.
2. The tour organisers and traders facilitating linked travel arrangements referred to in paragraph 1 of this Article shall not be subject to the provisions of Chapter II of this Law setting requirements for tour organisers and traders facilitating linked travel arrangements. Travel retailers established in another EU Member State shall not have their right to provide services in the Republic of Lithuania restricted, nor shall they be subject to the provisions of Article 18 of this Law.
3. Documents evidencing security for the fulfilment of obligations of a tour organiser or a trader facilitating linked travel arrangements established in another EU Member State shall be automatically recognised in the Republic of Lithuania if they comply with the requirements regarding security for the fulfilment of obligations of a tour organiser or a trader facilitating linked travel arrangements as set out by the Member State of establishment.
4. An institution authorised by the Government shall be the contact point in the Republic of Lithuania providing the competent authorities of other EU Member States with all the necessary information on the requirements regarding security for the fulfilment of obligations of a tour organiser or a trader facilitating linked travel arrangements as set out by legal acts of the Republic of Lithuania.
5. If an institution authorised by the Government has doubts about the security for the fulfilment of obligations of a tour organiser or a trader facilitating linked travel arrangements established in another EU Member State, it shall contact the competent authority of that EU Member State and request the relevant information and explanations.
6. An institution authorised by the Government shall, upon receipt from the competent authority of another EU Member State of a request for information or clarifications concerning security for the fulfilment of obligations of a tour organiser or a trader facilitating linked travel arrangements established in the Republic of Lithuania, provide a reply as expeditiously as possible, taking due account of the urgency and complexity of the matter, but not later than within 15 working days from the receipt of the request.
Article 27. Services of third-country providers of tourism services
1. A third-country tour organiser or a travel retailer selling or offering for sale a package travel within the Republic of Lithuania must be established in the Republic of Lithuania and comply with the requirements, as set out in this Law, applicable to a tour organiser and a travel retailer.
2. A travel retailer who sells package travels combined by a tour organiser who does not comply with the requirement set out in paragraph 1 of this Article must comply with Articles 6.748, 6.7521 and 6.7541 of the Civil Code and the requirements of Section Three of Chapter II and Article 19 of this Law, other than where the travel retailer submits to an institution authorised by the Government documents evidencing security for the fulfilment of obligations of a tour organiser referred to in this paragraph.
3. A third-country trader facilitating linked travel arrangements that facilitates a linked travel arrangement in the Republic of Lithuania must be established in the Republic of Lithuania and meet the requirements, as set out in this Law, applicable to a trader facilitating linked travel arrangements.
Article 28. Guide services
2. A person wishing to obtain a guide’s licence must comply with the requirements set out in paragraph 3 of this Article and lodge an application for the issue of a guide’s licence with an institution authorised by the Government.
After examining within 20 working days a person’s application for the issue of a guide’s licence and all the documents submitted and assessing the individual’s compliance with the requirements set out in paragraph 3 of this Article, the institution authorised by the Government may:
2) impose upon the person who has lodged the application the obligation to submit all essential missing documents or to correct the particulars contained in the documents within five working days from receipt of the obligation of the institution authorised by the Government;
3) take a reasoned decision not to issue a guide’s licence where the person concerned does not meet the requirements set out in paragraph 3 of this Article or fails to remedy the shortcomings in question within the time limit referred to in paragraph 2 of this Article and notify the person who has lodged the application of this decision.
3. A guide’s licence shall be issued for an indefinite period of time to persons having a higher education degree who have completed a guide training course of at least 250 academic hours comprising modules of preparation for and conducting of excursions, guide commentary, professional ethics, communication, psychology, Lithuania’s culture, history and geography, the legal regulation of guiding activities and who, upon completion of the guide training course, have passed a practical examination in the conduct of excursions. After completing the guide training course and passing the practical examination in the conduct of excursions, the person shall have two years to lodge an application for the issue of a guide’s licence with an institution authorised by the Government.
4. A description of the procedure for issuing and revoking a guide’s licence and the format of the guide’s licence shall be approved by the Minister of the Economy and Innovation.
5. An institution authorised by the Government shall revoke a guide’s licence when:
6. A guide of a European Economic Area State or the Swiss Confederation who has obtained a guide’s professional qualification in the EEA State or the Swiss Confederation and had it recognised by an institution authorised by the Government may provide guide services in the Republic of Lithuania. A description of the procedure for recognising in the Republic of Lithuania the professional qualifications of guides of an EEA State or the Swiss Confederation shall be approved by the Minister of the Economy and Innovation in accordance with the Law of the Republic of Lithuania on Recognition of Regulated Professional Qualifications.
7. A guide of an EEA State or the Swiss Confederation accompanying tourists to the Republic of Lithuania who has submitted a prior declaration to an institution authorised by the Government about the provision of temporary or occasional guide services may provide guide services on a temporary or occasional basis. The declaration’s format and submission procedure shall be approved by the Minister of the Economy and Innovation in accordance with the Law of the Republic of Lithuania on Recognition of Regulated Professional Qualifications. A description of the procedure governing the temporary or occasional provision of services by a guide of an EEA State or the Swiss Confederation shall be approved by the Minister of the Economy and Innovation.
Article 29. Services of a tourist information centre
1. A tourist information centre providing tourist information services must use the tourist information sign (the letter ‘i’ on a green rectangle and the words ‘Turizmo informacija’ [tourist information] in Lithuania and the words ‘Lietuvos turizmo informacija’ [Lithuanian tourist information] abroad).
Article 30. Types of accommodation services and providers of accommodation services
1. Accommodation services shall be divided into:
1) classified accommodation services: hotel services, motel services, guest house services, camping services;
2. Classified accommodation services may be provided by a provider of accommodation services holding a valid accommodation classification certificate issued in accordance with the procedure laid down in Article 32 of this Law.
3. Accommodation services shall be classified in accordance with the requirements governing the classification of the relevant type of accommodation services approved by the Minister of the Economy and Innovation.
Depending on the quality and range of services provided, the quality level of classified accommodation services (objects) shall be indicated by a star rating system, with a greater number of stars representing a higher quality level. The highest quality level for accommodation services shall be marked by five stars.
4. The classification of accommodation services shall be performed by an institution authorised by the Government in accordance with the procedure for classifying accommodation services approved by the institution authorised by the Government.
Article 31. General requirements for the provision of accommodation services
1. A provider of accommodation services must:
1) provide tourists with accurate and correct information on the location of the accommodation services provided, the number of stars (other than providers of non-classified accommodation services), the services provided and the price of the accommodation services;
3) ensure that nationals of Member States and third countries staying in accommodation, other than accompanying spouses or minors, fill out and sign registration cards in person and confirm their identity by presenting a valid identity document;
4) store the data provided on the registration cards referred to in point 3 of this paragraph for the period of five years;
5) in the event of a change in the data provided in the application referred to in Article 32(3) of this Law or in the notification referred to in Article 32, provide an institution authorised by the Government with the updated information within ten working days from the point at which this information has become or should have become known thereto;
6) where the provision of accommodation services has been terminated/suspended, notify an institution authorised by the Government thereof within ten working days from the termination/suspension of the provision of accommodation services;
Article 32. Issue and revocation of an accommodation classification certificate
1. A person wishing to obtain an accommodation classification certificate shall lodge with an institution authorised by the Government an application and a completed classification questionnaire in the format specified by the institution authorised by the Government.
2. A provider of accommodation services holding a valid accommodation classification certificate shall submit to an institution authorised by the Government, not later than three months before the expiry of the current certificate, the following:
3. Upon examining an application lodged for the issue of an accommodation classification certificate and evaluating the submitted documentation within 20 working days, an institution authorised by the Government may:
2) obligate the applicant to remedy the shortcomings identified in the submitted documentation within five working days from the receipt of such an obligation from the institution authorised by the Government;
4. An institution authorised by the Government shall issue an accommodation classification certificate for a period of five years.
If, during the period of validity of the accommodation classification certificate, the institution authorised by the Government establishes that the accommodation facility in question does not comply with the classification requirements set out in Article 30(3) of this Law, it shall obligate the provider of classified accommodation services to remedy the identified shortcomings within a set time limit.
5. An institution authorised by the Government shall revoke an accommodation classification certificate when:
Article 33. Provision of non-classified accommodation services
A provider of non-classified accommodation services must, within ten working days from commencing activities, notify an institution authorised by the Government of the provision of non-classified accommodation services in a format approved by the institution authorised by the Government.
The notification shall indicate: the forename and surname, personal number, address and contact details of the provider of non-classified accommodation services being a natural person or, in the case of the provider of non-classified accommodation services being a legal person, the name, registration number, address of the registered office, contact details, type of non-classified accommodation services, name and address of the facility/object offering accommodation services, local coordinates, contact details, number of rooms (parking spaces/housing units) and number of places.
Article 34. Rights of an institution authorised by the Government in exercising supervision of providers of tourism services
1. The supervision of tour organisers, travel retailers, traders facilitating linked travel arrangements and providers of accommodation services established in the Republic of Lithuania shall be exercised by an institution authorised by the Government in accordance with the procedure laid down by the Law of the Republic of Lithuania on Public Administration, this Law and by the Minister of the Economy and Innovation.
2. In supervising the providers of tourism services referred to in paragraph 1 of this Article, an institution authorised by the Government shall have the right:
1) to obtain from all natural and legal persons the information and personal data required for the performance of the functions of supervision of providers of tourism services;
2) to contact the competent authorities in Lithuania, other EU Member States and third countries and providers of tourism services to obtain information;
Article 35. Provision and publication of information
1. Requests, declarations, notifications, claims, reports and tables of revenue shall be submitted to an institution authorised by the Government by post or electronically via a contact point or by referring directly to the institution authorised by the Government.
2. An institution authorised by the Government shall, in an effort to provide consumers with relevant information on providers of tourism services and the legitimacy of their activities, publish the following information on its website:
1) a list of tour organisers showing the forename and surname of a tour organiser being a natural person or the name of a tour organiser being a legal person, its type of activity (inbound, outbound or local tourism), the security for the fulfilment of obligations held, a tour organiser’s licence number, the issue, suspension, lifting of suspension or revocation of a tour organiser’s licence;
2) a list of travel retailers showing the forename and surname of a travel retailer being a natural person or the name of a travel retailer being a legal person, as well as information on a decision of the institution authorised by the Government to revoke a travel retailer’s right to provide travel retail services;
3) a list of traders facilitating linked travel arrangements showing the forename and surname of a trader facilitating linked travel arrangements being a natural person or the name of a trader facilitating linked travel arrangements being a legal person and the security for the fulfilment of obligations held, as well as information on a decision by the institution authorised by the Government to revoke the trader’s right to engage in the activities of a trader facilitating linked travel arrangements;
4) a list of guides showing the forename and surname of a guide, a guide’s licence number, date of issue of a guide’s licence, the foreign language in which excursions are conducted and information on a decision by the institution authorised by the Government to revoke a guide’s licence;
5) a list of persons authorised to provide guide services in the Republic of Lithuania on a temporary or occasional basis showing a natural person’s forename and surname, the country of establishment and the period of provision of services in the Republic of Lithuania;
6) a list of providers of accommodation services showing the forename and surname of a provider of accommodation services being a natural person or the name of a provider of accommodation services being a legal person, the type of accommodation services, an accommodation classification certificate’s number and its date of expiry, as well as information on a decision by the institution authorised by the Government to revoke an accommodation classification certificate.
3. An institution authorised by the Government shall, having taken a decision to suspend a tour organiser’s licence, make an entry about the period of suspension of the tour organiser’s licence in the list referred to in point 1 of paragraph 2 of this Article not later than within one working day from the taking of the decision.
The institution authorised by the Government shall, having taken a decision to lift the suspension of the tour organiser’s licence, remove the entry about the period of suspension of the tour organiser’s licence from the list of tour organisers referred to in point 1 of paragraph 2 of this Article not later than within one working day from the taking of the decision.
4. An institution authorised by the Government shall, having taken a decision to revoke a tour organiser’s licence, remove the tour organiser from the list of tour organisers referred to in point 1 of paragraph 2 of this Article not later than within one working day from the taking of the decision.
5. An institution authorised by the Government shall, having taken a decision to revoke a guide’s licence, remove the guide from the list of guides referred to in point 4 of paragraph 2 of this Article not later than within one working day from the taking of the decision.
6. An institution authorised by the Government shall, having taken a decision to revoke an accommodation classification certificate, remove the provider of classified accommodation services from the list of providers of accommodation services referred to in point 6 of paragraph 2 of this Article not later than within one working day from the taking of the decision.
Article 36. Shaping of tourism policy and tourism management
1. The functions of tourism management in the Republic of Lithuania shall be performed by the Seimas of the Republic of Lithuania, the Government, the Ministry of the Economy and Innovation, an institution authorised by the Government and municipalities.
Article 37. Ministry of the Economy and Innovation
The Ministry of the Economy and Innovation shall:
1) participate in the preparation of the National Strategic Plan as regards the setting of objectives for the advancement/progress of tourism policy;
21) draft national development programmes and/or measures implementing the objectives for the progress of tourism policy, organise, coordinate and control the implementation thereof;
3) draft and submit to the Government proposals regarding the development of resorts and resort areas;
4) participate in the activities of international tourism and tourism-related institutions and organisations responsible for shaping tourism policy;
Article 38. Institution authorised by the Government
In implementing the provisions of this Law, an institution authorised by the Government shall perform the following functions:
2) supervise tour organisers, travel retailers, traders facilitating tourism service arrangements and providers of accommodation services;
3) represent tourists’ interests in the event of a tour organiser’s insolvency or bankruptcy and organise the repatriation of tourists to their place of departure in accordance with the procedure specified by the Minister of the Economy and Innovation;
Article 39. Public enterprise Lithuania Travel
1. The public enterprise Lithuania Travel shall be a non-profit public legal person of limited civil liability, the owner whereof is the State and the rights and duties of the owner whereof are exercised by the Ministry of the Economy and Innovation.
2. The public enterprise Lithuania Travel shall:
1) implement the measures of national development programmes implementing the objectives of the progress of tourism policy and projects implementing them in the field of tourism marketing;
2) provide public services while preparing and implementing projects aimed at the creation and raising of the national tourism profile and the development of inbound and local tourism;
3) prepare and implement public tourism infrastructure and marketing projects of national importance in the field of tourism;
6) participate in the initiation and implementation of international cooperation measures in the field of tourism marketing;
Article 40. Remit of municipalities in the field of tourism
Municipalities shall:
2) implement under municipal planning documents the measures of national development programmes implementing the objectives for the progress of tourism policy;
5) plan and implement measures necessary for the protection of recreational areas and the development of recreational and tourism activities in these areas, keep records of recreational areas, and approve regulations on the use of recreational areas;
Article 41. Tourism Council
1. A standing Tourism Council shall be formed of representatives of tourism business associations, other associations or organisations, the Association of Local Authorities in Lithuania and state institutions to examine issues related to the development and promotion of tourism and to submit proposals to the institutions performing tourism management functions.
At least a half of the members of the Tourism Council shall be representatives delegated by the associations or organisations referred to in this paragraph.
2. The Tourism Council shall be formed and shall function in compliance with the Regulations of the Tourism Council approved by the Minister of the Economy and Innovation.
LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
1. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36).