Capítulo VII. Problems of legal regulation of tourism as a contract services in Lithuania
| Autor | Dalia Perkumien? |
| Cargo del Autor | Profesora titular de Derecho Civil. Vytauto Did?iojo universitetas (Kaunas, Lietuva) (Universidad Vytautas Magnus. Lituania) |
| Páginas | 197-236 |
— 197 —
CAPÍTULO VII
PROBLEMS OF LEGAL REGULATION OF TOURISM
AS A CONTRACT SERVICES IN LITHUANIA
DALIA PERKUMIENĖ
Profesora titular de Derecho Civil
Vytauto Didžiojo universitetas (Kaunas, Lietuva)
(Universidad Vytautas Magnus. Lituania)
dalia.perkumiene@vdu.lt
SUMMARY. 1. Introduction. 2. The concept of tourism service contracts. 2.1. Intro-
duction. 2.2. Innovations in tourism services and management.
2.3. Types of remunerative service contracts. 2.4. Contract for the provi-
sion of an organized tourist trip. 2.5. Separation of remunerative service
contracts from other types of contracts. 3. The main legal aspects of con-
cluding contracts for the provision of remunerative services. 3.1. Intro-
duction. 3.2. The main legal aspects of the conclusion of contracts for
the provision of tourism services. 3.3. Parties of contracts for the provi-
sion of tourism services and their rights and obligations. 3.4. Object and
content of contracts for the provision of tourism services. 4. The proce-
dure for concluding contracts for the provision of tourism services. 4.1.
Introduction. 4.2. Performance of contracts of tourism services and
responsibility for their improper performance. 4.3. Validity of tourism
contracts and legal consequences of their termination. 4.4. Legal regula-
tion of the termination of contracts for the provision of tourism services.
5. Conclusions. Bibliography and citations.
1. Introduction
The provision of tourism services is an economic activity in which not a ma-
terial product is sold, but human capital through specialized work. Considering
the prevalence of tourism service provision, we can say that service provision is
Dalia Perkumiené
— 198 —
the basis of today's society. Both in business and in everyday life, we come
across various services for which we must be compensated. This is where the
contract for the provision of remunerative services becomes relevant. Contracts
for the provision of services for a fee are one of the most popular, but compa-
nies or private natural persons who purchase them often encounter dishonesty
on the part of service providers, especially in cases where the service contract is
to be terminated1.
The topicality of the topic is determined by the fact that although this type
of contract is met most often, and their relevance is particularly relevant for a
business entity, there is a lack of greater attention to the analysis of the conclu-
sion and regulation mechanism of this contract2.
The norms enshrined in Chapter XXXV of the Civil Code of the Republic
of Lithuania, Together with the general provisions of the law of obligations
and contracts, which must be applied only to the extent that it does not conflict
with the legal norms that provide for the specifics of this type of contract. Also
regulate the conditions that must be met when concluding and executing a
contract for the provision of services for remuneration3.
However, even the establishment of detailed legal regulation in legal acts does
not eliminate the emergence of legal disputes. Statistical analysis of court cases
reveals that in 2018 the courts of first instance received 11,958 cases related to
the provision of remunerative services. in 2019 this number decreased by almost
two thousand cases and reached 10,322. this number reached 10,999 cases, and
in 2021 - 10818. The statistics show that the number of cases related to the con-
tract for the provision of paid services still remains high, although there is a slight
decrease.
The relevance of the topic is also determined by the fact that the conclusion
of a contract for the provision of tourism services is often chosen in order to
ease one's administrative burden. Although the conclusion of contracts for the
provision of remunerative services is particularly relevant for business entities,
1 POSTMA, A.; SCHMUECKER, D. «Understanding and overcoming negative impacts of tour-
ism in city destinations: conceptual model and strategic framework». Journal of Tourism Futures
2017, 3, 144156.
2 PERKUMIENĖ, D., VIENAŽINDIENĖ, M.; ŠVAGŽDIENĖ, B. «Cooperation Perspectives in Sus-
tainable Medical Tourism: The Case of Lithuania». Sustainability 2019, 11, 3584.
3 Civil Code of the Republic of Lithuania (July 17, 2000 No. VIII-1864). State News, TAR,
2021-12-31, No. 82-0, Article 6.725.
Capítulo VII. Problems of legal regulation of tourism as a contract services in Lithuania
— 199 —
they often conclude a contract for remunerative services also in the event that
the parties have a subordination relationship. This means that the conclusion
of this contract creates illegal work. This violates the main principles of the
contract for the provision of remunerative services, i.e. i.e. compliance with the
principle of the client's priority interests, obliging the service provider to act
honestly and intelligently.
Unfair behavior of service providers is encountered when providing tourism
services. The latter, in order to keep their client as long as possible, try to limit
the client's rights to terminate the service contract before the deadline. Con-
tracts for such remunerative services include notice periods in case of termina-
tion of the contract, terms of payment of fines for unilateral termination of the
contract. Such behavior of the tourism service provider is considered contrary
to the requirement established by the law, therefore it only emphasizes the
relevance of the topic under consideration and the need for a deeper analysis
required by the service recipient in order to defend himself against the illegal
actions of compensated service providers4.
The problem(s) under investigation and the level of investigation
In case of termination of the tourism contract, there is a problem of pay-
ment to the service provider in proportion to the services provided and the ex-
penses incurred. Although according to Art. 6.721 of the CC of the Republic of
Lithuania 1 d. The customer must pay the service provider only the part of the
price proportional to the services provided and reimburse the reasonable ex-
penses incurred by the service provider before receiving the notice of termina-
tion from the customer, frequent cases when the service provider does not
agree to refund the advance payment. In such a case, the service provider is
considered to be a person who has unjustly acquired property, who is subject to
civil liability for unjust enrichment5.
The problem of concluding the wrong type of contract. This means that the
conclusion of a contract for the provision of remunerated services is chosen
instead of the conclusion of another type of contract. Such a situation is com-
mon when choosing to enter into this type of contract instead of an employ-
4 SHAW, M. N. International law, 6th ed.; Cambridge: Cambridge University Press, 2008.
5 Civil Code of the Republic of Lithuania (July 17, 2000 No. VIII-1864). State News, TAR,
2021-12-31, No. 82-0, Article 6.721.
Para continuar leyendo
Solicita tu prueba