Category: Consumer Rights

Vacations are usually associated with relaxation, new experiences, and a carefully planned itinerary. Advertisements for organized tours also often promise a clear package of services—a specific hotel, excursions, guide services, places of interest, or additional entertainment. However, in practice, it is not uncommon for the actual trip to fall short of what was promised: some excursions are canceled, planned activities are replaced with inferior alternatives or not replaced at all, services are of poor quality, and the overall travel experience fails to meet the traveler’s reasonable expectations.

In such cases, the question naturally arises: is it possible to defend one’s rights and receive compensation for a ruined vacation? Karolina Laura Briliūtė, a lawyer at the law firm AVOCAD, notes that the traveler’s expectations in such situations are, after all, legally significant. “The traveler’s legitimate expectations are shaped by the travel advertisement, itinerary, information provided by the organizer, and promises made. Therefore, a package tour contract is evaluated not only formally but also based on the content and quality of services the consumer reasonably expected,” she explains.

The organizer is responsible for the entire trip

According to Karolina Briliūtė, a tour operator must ensure the proper provision of all services specified in the package tour contract, regardless of whether they are actually provided by the operator itself or by third parties—such as hotels, tour guides, transportation companies, or local partners.

This means that the traveler is not required to determine which specific service provider is at fault for the inadequate services provided—the tour operator bears full responsibility.

Case law emphasizes that tourists have a legitimate expectation of receiving services of adequate quality, accurate and comprehensive information, and smooth travel arrangements. As a professional service provider, the organizer is required to carefully select its partners, monitor their activities, and assume the risk of improper performance of the contract.

When can you claim compensation?

An AVOCAD lawyer notes that, according to case law, in cases where an organized tour does not meet expectations, the consumer may claim compensation for both pecuniary and non-pecuniary damages or a reduction in the price of the tour.

According to K. L. Briliūtė, determining the amount of damages is not difficult in simpler cases—for example, when a specific tour does not take place or a flight is canceled. However, more complex situations arise when the entire trip is organized in a chaotic manner, the itinerary is only partially carried out, and the quality of the vacation is clearly compromised.

In such cases, the traveler may request:

• a reduction in the cost of the trip;

• compensation for property damage;

• compensation for non-pecuniary damages for disruption of vacation plans, inconvenience, or loss of travel value.

According to the lawyer, when determining the amount of compensation, the following factors are taken into account: what portion of the services was not provided at all, how many were provided in a substandard manner, how significant the deviations from the promised quality were, and what proportion of the total trip cost was accounted for by the services that were not provided or were of poor quality.

In practice, significant violations may include failure to visit the sites specified in the itinerary, long waits due to organizational issues, inadequate transportation conditions, malfunctioning air conditioning or heating systems, vehicle breakdowns, or negligent service.

What is important for travelers to do themselves?

Although consumers enjoy enhanced protection in such situations, the burden of proving the violations and the damages incurred falls on the traveler. For this reason, it is particularly important to properly document all deficiencies.

An AVOCAD lawyer recommends:

• immediately notify the tour guide or tour operator of any violations;

• photograph and film defects;

• save the correspondence;

• have promotional materials and an itinerary;

• collect documents supporting the additional expenses.

Upon returning from the trip, it is recommended that you submit a written complaint to the tour operator, clearly stating the violations that occurred, your claims, and the amount of compensation you are seeking.

If the tour operator refuses to meet the claims or offers inadequate compensation, the traveler may contact the State Consumer Rights Protection Service and, subsequently, take the matter to court.

“Case law shows that travelers’ rights are defended quite vigorously in such cases, especially when the consumer can provide clear evidence that the trip did not meet the promised conditions. Even established but unmet expectations of the traveler can be a significant criterion when deciding on compensation,” notes AVOCAD attorney Karolina Briliūtė.

In business practice, there are still situations where contractors or suppliers view the outcome of their work in an extremely narrow sense—namely, that if an item functions and fulfills its primary purpose, it is considered to be of good quality. However, according to lawyers, this view is refuted by both the provisions of the Civil Code and consistent court practice.

“Quality is not just about functionality. It is the sum of all the characteristics specified in the contract,” emphasizes Dainius Antanaitis, an attorney at the law firm AVOCAD .

The Civil Code clearly stipulates that the quality of work performed by a contractor must first and foremost comply with the terms of the contract. Only if those terms are not specified do the standard requirements for such work apply.

This means that the result of the work must not only be functional but also meet all the specifications set forth in the contract—technical, functional, and often aesthetic as well. “If the parties have agreed on specific parameters—such as color, texture, or other visual elements—these become no less important than the functionality of the item itself. Deviating from them means that the contract has not been properly fulfilled,” explains D. Antanaitis.

LAT's position: Compliance with all parameters is essential

The Supreme Court of Lithuania has repeatedly noted in its case law that the quality of the work’s result is linked not only to its functionality but also to the fulfillment of all the characteristics specified in the contract. In one case, the court examined a situation where the contractor manufactured equipment that functioned but did not meet the technical parameters specified in the contract. The court held that:

• The contractor may not choose to fulfill only part of its contractual obligations;

• The attempt to prioritize certain qualities while ignoring others is not justified;

• Any deviation from the terms of the contract that has not been agreed upon with the client is considered a breach of contract.

“Even if an item works but does not possess all the characteristics specified in the contract, it cannot be considered of good quality. The contract must be fulfilled in its entirety, not selectively,” the lawyer comments.

A common mistake: “If it works, it must be right”

In practice, AVOCAD’s lawyers encounter cases where businesses tend to ignore contractual requirements regarding aesthetics or specifications, believing them to be non-essential. However, this position is risky. If it can be determined from the contract or its circumstances that certain visual or technical characteristics were important, their non-compliance may be considered a defect, entitling the client to demand:

• correction of defects,

• price reduction,

• or other legal remedies.

This practice sends a clear message: the terms of a contract are not a mere formality—they define the standard of quality. “It is important for businesses to understand that quality is not just about whether an item works or does not work. It is also important whether the result obtained matches what was agreed upon. Any deviation, if not agreed upon, can become the basis for a dispute,” summarizes D. Antanaitis.

 

A new trend in consumer protection is emerging in the European Union—the so-called“right to repair,” which encourages the repair of goods rather than their replacement or disposal. Lithuanian law is also adopting this trend: amendments to the Civil Code impose additional obligations on sellers and give consumers more opportunities to demand repairs. According to Eimantas Čepas, an attorney at the law firm AVOCAD, the new provisions change not only the scope of consumer rights but also the duration of sellers’ liability, their duty to inform, and warranty service practices. This means that businesses will have to reassess how repair processes are organized, what information is provided to consumers, and how warranty service is documented.

A broader concept of product quality

The amendment to the Civil Code stipulates that a product must possess not only its standard characteristics, but also characteristics related to durability, repairability, functionality, compatibility, and safety.

In addition, public statements made by the seller or manufacturer in advertising or labeling are also important when assessing the quality of a product. This means that consumers’ expectations regarding a product’s characteristics may be shaped not only by the contract or technical specifications, but also by marketing communications.

As Eimantas Čepas points out, this amendment broadens the concept of product quality assessment. “This amendment means that product quality will be assessed more broadly than before. If an advertisement or the manufacturer’s communications emphasize the product’s durability or longevity, the consumer can reasonably expect the product to possess these characteristics—otherwise, this may be considered a failure to conform,” says the attorney.

According to him, a new focus is also emerging on repairability—it will become increasingly common to assess whether a product can reasonably be repaired at all. “If a manufacturer or seller communicates the possibility of repairing a product, replacing its parts, or extending its useful life, the consumer can expect that such a possibility actually exists. This may entail higher requirements for both product design and the availability of spare parts or service,” the lawyer emphasizes.

If the product is being repaired, the seller's warranty is extended

One of the most significant changes is the extension of the seller’s liability period. If a product is repaired to remedy a defect, the seller’s liability period is extended by another year. This means that repairs can have long-term legal consequences for the seller, as their liability for the quality of the product is effectively extended.

“This is a significant change for businesses—repairs not only fix the defect but also extend the seller’s liability period. Therefore, sellers will have to pay even closer attention to warranty service processes and documentation,” notes attorney E. Čepas.

New obligation to inform the consumer

Before addressing a consumer’s claim regarding product defects, the seller must clearly inform the consumer of their right to choose between having the product repaired or replaced with a new one. In addition, the consumer must be informed that, if they choose to have the product repaired, the seller’s liability period may be extended.

“In practice, this means that sellers will have to clearly inform consumers about their options and the possible consequences. If this duty to inform is not properly fulfilled, it could lead to additional disputes,” says E. Čepas.

The new provisions also provide for the possibility of providing the consumer with a replacement product while their product is being repaired. Depending on the product category and the consumer’s need for continuous use, the seller may temporarily provide another product for use. This may also be a refurbished product, provided it meets the requirements of the category.

“This provision is particularly relevant for goods such as phones, computers, or household appliances, which consumers often cannot do without for a short period of time. For businesses, this could mean an additional logistical and financial burden,” the lawyer comments.

If the consumer expressly agrees, the seller will be able to provide a refurbished product instead of a new one. This provision is linked to the broader objectives of the European Union—to promote the circular economy and reducewasteby extending the useful life of products.

“There is now a legal basis for using refurbished goods more frequently as an alternative to new ones. This can be beneficial from both an environmental and a business perspective, but the most important thing is the consumer’s explicit consent,” notes attorney Eimantas Čepas.

According to an AVOCAD attorney, the new amendments to the Civil Code mean that sellers should review their warranty service procedures, consumer information policies, repair documentation, and replacement goods policies.

“The legislative changes essentially encourage a shift from the‘replace the product’model to the‘repair it first’ model. Therefore, businesses should prepare in advance for the new practices and assess how these changes will affect their warranty service processes,” summarizes attorney Eimantas Čepas.