Case law

  • Case Details
    • National ID: 3K-3-322-686/2016
    • Member State: Lithuania
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 23/06/2016
    • Court: Supreme Court of Lithuania
    • Subject:
    • Plaintiff: D.B.
    • Defendant: UAB "Baltijos kelionių agentūra"
    • Keywords: accommodation, intermediary, package travel, service contract
  • Directive Articles
    Package Travel Directive, Article 2, 1.
  • Headnote
    If services of an intermediary are being used by a tourist who is concluding only an accommodation contract with the hotel, such intermediary cannot be regarded as a travel organiser under Directive 90/314/EEC.
  • Facts
    The plaintiff addressed the defendant, as an intermediary service provider, in order to make hotel rooms’ reservation. The defendant did not provide the plaintiff with the information on cancellation of reservation in case of late arrival. Upon late arrival by the plaintiff, the reservation was cancelled and the plaintiff was offered a lower class hotel.

    The plaintiff claimed damages from the defendant as the travel organiser.
  • Legal issue
    The court concluded that there was no package (pre–arranged tourist journey) relationship between the plaintiff and the defendant as referred to in Article 2 of the Directive 90/314/EEC (implemented into Lithuanian law by Article 6.747 of the Civil Code). The defendant acted as an intermediary between the plaintiff and the hotel and the contract between the plaintiff and the hotel involved only one service (accommodation); hence the relationship of the parties cannot be qualified as constituting a contract for the provision of tourist services and falls out of scope of Directive 90/314/EEC. Therefore, the defendant cannot be regarded as a travel organiser.

    The relationship between the plaintiff and the defendant must be qualified as a general contract for the provision of services.
  • Decision

    If services of an intermediary are being used by a tourist who is concluding only an accommodation contract with the hotel, can such intermediary be regarded as a travel organiser under Directive 90/314/EEC?

    URL: http://liteko.teismai.lt/viesasprendimupaieska/tekstas.aspx?id=893b6e6e-86d3-4429-bf82-e6d3d96ff5fe

    Full text: Full text

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  • Result
    The court referred the case back to the appellate instance court.