1. OBLIGATIONS OF THE PARTIES
1.1. The tour operator undertakes:
1.1.1. Organize a tourist trip for the tourist(s) according to the program specified in the catalog. If changes were made to the travel program specified in the catalog before the signing of the contract, one undertakes to organize the tourist trip according to the changed program. The catalog or modified program is an integral part of the contract. The travel organizer's web pages www.starttravel.lt, eshop.startravel.lt publish the latest and most relevant information about hotels, changes in their categories, services and entertainment in them.
1.1.2. Without collecting the minimum number of tourists, i.e. 80 percent of seats on the plane reserved for passengers, to notify in writing about the cancellation of the trip at least 10 calendar days before the start of the trip. If the tourists are properly informed about the cancellation of the trip and the money paid for the trip is returned, the tour operator is no longer responsible for the damage suffered by the tourists.
1.1.3. Before signing the contract, provide the tourist(s) with a written document containing accurate and non-misleading information about the travel route (departure, return places, dates and places and countries visited, indicating the dates of arrival and departure) and its changes during the trip the services provided, provided in the catalog or other materials describing the trip or in the modified program, the means of transport used, their characteristics and category, the type of accommodation, the location of the facility, the category or level of amenities and the main features and class (according to the relevant rules of the host country), meals. The latter information is published on the travel organizer's website www.starttravel.lt and eshop.starttravel.lt.
1.1.4. Provide written information about the conditions and procedure for currency exchange, the procedure for obtaining visas, the time it takes to obtain visas, the procedure for crossing state borders, the epidemiological status of the areas visited, the requirements for immunoprophylaxis that must be met when traveling, vaccination, information about the procedure for issuing health insurance and an optional insurance contract, according to which the tourist's costs due to the cancellation of an organized tourist trip or assistance costs are reimbursed, the procedure and conditions for formalizing the contract for the provision of tourist services. The procedure and conditions for formalizing the contract, the full price of the trip, the part of the price that must be paid in advance, the payment schedule for the remaining amount.
1.1.5. In cases where the tour operator contractually undertakes to provide the tourist with accommodation services corresponding to a specific category according to the rules of the host country, without specifying a specific accommodation service provider, the tour operator undertakes to inform the tourist about the type of accommodation , category and meals before signing the contract. The tour operator also undertakes to provide the tourist with non-misleading and detailed information about the level, quantity and quality of amenities, services and entertainment and their possible differences depending on the specific accommodation service provider.
1.1.6. Before leaving for the trip, provide the tourist in writing with: information about intermediate stations and stop times, location and information about the passenger's place in the vehicle (except for the plane and unscheduled technical stops); the name, address, telephone number and e-mail address of the tour operator's representative or the addresses and telephone numbers of local agencies to which the tourist can contact for assistance. If there are no such agents or agencies, provide the tourist with a phone number to call in case of an emergency or information to help him contact the tour operator. If minors are going on the trip, provide the parents or guardians with information that allows direct contact with the child or a responsible person at the child's location.
1.1.7. Inform them about the country to which they are going, the quantity, number and prohibition requirements of the imported items, the specifics of the border crossing rules.
1.1.8. The personal data provided by the tourist(s) shall be used only for the registration of travel documents.
1.1.9. When the contract is concluded by means of distance sales, it is considered that the contract is concluded under the conditions that were published on the official website of the tour operator (or electronic trading system) at the time of purchase of the trip. If the terms of the contract are not published on the official website of the tour operator or were not published at the time of purchasing the trip, it is considered that the contract was concluded in accordance with the standard terms of contracts for the provision of tourism services.
1.2. The tourist(s) undertakes:
1.2.1. Pay for the trip. When a tourist purchases a trip according to the terms of advance purchase discounts, a trip according to which the departure is outside of Lithuania and/or a trip subject to special payment conditions, the terms of payment for the trip, which differ from the standard payment conditions specified in this point, are separately specified in the provision of tourism services in the contract;
1.2.2. Provide all information and documents necessary for the tour operator to fulfill the contract; arrive on time at the specified primary, intermediate and departure points specified by the travel guide; comply with the organizer's instructions regarding the trip or its individual parts; to comply with public order, international passenger transport regulations, luggage transportation procedures and the requirements for the quantity, number and prohibitions of items brought into the country. Follow the instructions of the border and customs services. When going on a trip with minor children, follow the Government of the Republic of Lithuania 2002. February 28 by resolution no. 302 of the approved "Description of the procedure for the child's temporary departure to foreign countries that do not belong to the Schengen area" (Zin., 2002, No. 23-858).
1.2.3. To be responsible for the damage caused during the trip (damaged hotel inventory, vehicles, etc.) If the damage is caused by a minor, all losses are paid for by the responsible person. If the tourist accepts the fault and agrees to compensate the damage, it must be compensated on the spot. In cases where the tourist is not at fault, the travel organizer has the right to recover damages in accordance with the procedure established by the laws of the Republic of Lithuania. The tourist is not obliged to compensate for damage caused by force majeure.
1.2.4. The tourist, the main party to the contract, must inform other tourists (beneficiaries) that the tourist trip is organized only according to the conditions specified in the contract and all tourists must fulfill all the conditions of the contract.
2. RIGHT TO WITHDRAW THE CONTRACT
2.1. The tourist's right to withdraw from the contract:
2.1.1. The tourist has the right to withdraw from the contract at any time, under the conditions stipulated in the contract below. The withdrawal from the contract takes effect from the moment of its declaration. If the tourist cancels the contract due to circumstances for which he is responsible (i.e. when the circumstances that are the basis for canceling the contract arose due to the tourist's own fault (due to his intentional actions or negligence)), he must compensate the travel organizer for the losses incurred as a result of such cancellation. The amount of losses in this case cannot exceed the maximum price of one trip. The cost of canceling the contract depends on the remaining time until the start of the trip:
Contract termination time Price as a percentage of the trip price
- more than 21 days before departure: 20%
- from 21 to 11 days before departure: 50%
- from 11 days to 2 days before departure 80%
- 2 days or less before departure 100%
If a tourist refuses to go on a trip, when he has entered into a financing (consumer credit) contract for financing the trip, he must compensate the travel organizer for the losses incurred, which are determined in the table above, not exceeding the maximum price of one trip, and for the termination of the consumer credit contract, the tourist must settle with as a consumer credit provider in accordance with the procedure provided for in the Consumer Credit Law. Upon the tourist's request, the tour operator will provide a justification for the losses incurred as a result of the cancellation of the contract specified in this point.
2.1.2. If the tourist refuses the contract due to circumstances for which he is not responsible, cannot control them and which he could not have reasonably foreseen at the time of concluding the contract (e.g. due to health condition, death, etc.), the tour operator has the right to demand compensation for the direct losses incurred as a result of such refusal, except in cases where the contract is canceled due to force majeure. The tourist must inform the travel organizer about the situation and the cancellation of the trip as soon as possible after the occurrence of the circumstances. The tourist must provide copies of written documents proving the reason for the refusal of the trip. In the event that the reason for the cancellation of the contract is the tourist's illness, persons covered by sickness and maternity social insurance must provide the travel organizer with a copy of the certificate of incapacity for work. The parties agree and agree that the amount of damages due to the tourist's cancellation of the contract is determined according to the table provided in clause 2.1.1 of the Agreement, but in any case, the amount of direct damages to be compensated cannot exceed the price of the trip specified in the agreement. Upon the tourist's request, the tour operator will provide a justification for the losses incurred as a result of the cancellation of the contract specified in this point.
2.1.3. If the tourist cancels the contract due to circumstances for which the tour operator or a person whose help the tour operator uses is responsible, or due to circumstances unrelated to the tourist, which he cannot control and which he could not have reasonably foreseen at the time of concluding the contract, the tourist has the right to demand that he be refunded money paid for the trip or compensated in another way with his consent.
2.2. The travel organizer's right to withdraw from the contract:
2.2.1. The tour operator has the right to withdraw from the contract only for important reasons, about which he immediately informs the tourist.
2.2.2. If the tour operator refuses the contract due to circumstances for which the tourist is not responsible, he must offer the tourist a new alternative travel option of the same or better quality. If the tourist refuses the offered trip or for reasonable reasons it is not possible to offer the tourist an alternative trip, the tour organizer must return the money paid for the trip to the Tourist.
2.3. The tour operator, having canceled the contract, must re-organize the trip or return the money for the trip to the tourist and compensate for property damage. No damage to the tourist is compensated in cases where the contract is canceled due to the circumstances of point 1.1.2 or force majeure.
2.4. When, upon termination of the contract, the tour operator, travel agency or travel agent is obliged to return to the tourist all or part of the money paid for the organized tourist trip, the money must be returned to the account specified by the tourist within 10 working days from the termination of the contract.
3. MODIFICATION OF CONTRACT TERMS
3.1. The tour operator may change the relevant terms of the contract for important reasons, about which he immediately informs the tourist. The tourist has the right to refuse to change the contract.
3.2. The tour operator has the right, at least 20 days before the start of the trip, to increase the price of the trip due to changes in transportation costs, including fuel costs, mandatory taxes or the exchange of relevant currencies. The tour operator indicates why the price has increased and how the price increase was calculated. The tourist has the right to refuse the price increase if the price of the trip has increased.
3.3. If the tourist refuses to change the terms of the contract in the cases of points 3.1, 3.2, the tour operator acquires the right to withdraw from the contract. In this case, the tourist has the right to demand the return of the money paid for the trip or, if the trip has already taken place in part, to compensate a proportional part of it. If the tour operator refuses the contract, in cases where the tourist refuses to change the terms of the contract due to the circumstances specified in point 3.1, point 2.3 shall apply.
4. CHANGE OF CONTRACT PARTIES
4.1. Any Tourist under the contract has the right to transfer his right to the trip to a third party (taking over the trip) who will fulfill all the terms of the contract.
4.2. In cases where such transfer contradicts the rules of the person whose help the tour operator uses (i.e. if it is not allowed to book a place in a vehicle, hotel and/or obtain a visa in the name of a new person during the time remaining before the start of the trip), the tourist must be provided with the following rules.
4.3. Such transfer must be formalized in a contract that meets the requirements of the Civil Code (Zin., 2000, No. 74-2262) (hereinafter - the Civil Code) with a third party (taking over the trip), and the person taking over the trip, who concluded the contract, or the tourist, who transferred trip, must notify the travel organizer in writing and hand over the information and documents necessary for the smooth execution of the contract towards the person who took over the trip.
5. LIABILITY FOR IMPROPER PERFORMANCE OF THE CONTRACT
5.1. If the contract is not performed in accordance with the tourist's reasonable expectations, which the tourist could have had according to the terms of the contract and the nature of the services provided, the tour operator must compensate the tourist for losses. The tour operator or the person whose help the tour operator uses is not responsible for improper performance of the contract, if:
5.1.1. the tourist is guilty of improper performance of the contract (non-fulfillment of the conditions of clauses 1.2.1, 1.2.2 and other reasons);
5.1.2. a third party unrelated to the contract is responsible for improper performance of the contract, which the travel organizer did not and could not foresee.
5.1.3. the contract is not properly performed due to force majeure or an event which the tour operator or the person whose assistance the tour operator used, taking into account all possible prudence, did not and could not foresee.
5.2. If the contract is not performed according to the tourist's reasonable expectations, the tour operator, taking into account the specific circumstances, must provide the tourist with all kinds of help and support. If the reason for which the contract is not properly executed is related to the tourist himself, the tour operator must provide the tourist with such assistance and support as may be required from the tour operator under the contract, based on the criterion of reasonableness. In this case, the travel organizer's expenses related to the provision of such assistance and support must be reimbursed by the tourist himself. If the tour operator or a person whose help the tour operator uses is responsible for improper performance of the contract, then all expenses related to the provision of additional help and support to the tourist shall be paid by the tour operator himself.
5.3. If, after the start of the trip or during it, it becomes clear that the tour operator will not be able to fulfill the main part of the agreed services, he must offer the tourist(s) suitable alternative services at the same price for the period specified in the contract and compensate the tourist for the difference in the price of the previously offered and actually provided services. If, for reasonable reasons, the tour operator cannot offer alternative services, or if the tourist has refused it for reasonable reasons, the tour operator, without additional payment, must ensure the return of the tourist or transportation to another location, which the tourist agrees to, as well as refund the money for the services not provided to the tourist.
5.4. The tour operator does not have the right to limit or eliminate his civil liability for damage caused to the tourist, if the damage is caused by the tour operator's intent or gross negligence.
5.5. Property and non-property damage caused to the tourist is compensated according to the procedure established by the Civil Code.
5.6. The Convention on the Unification of Certain Rules Relating to International Carriage by Air, signed in Warsaw in 1929, applies accordingly to air transport. October 12, 1955 The Hague Protocol on the Unification of the Convention on Certain Rules Relating to International Carriage by Air was signed in Warsaw in 1929. October 12 amendment, the Convention on the Unification of Certain Rules of International Carriage by Air, signed in 1999 May 28 In Montreal, provisions limiting Carrier's liability Regulation EC 899/2002 supplementing Council of Europe Regulation EC 2027/97 on Carrier's liability in the event of aviation accidents. These legal acts establish and in many cases limit the carrier's liability in the event of death or injury to a person, as well as in the event of loss, damage or late delivery of baggage.
6. GENERAL CONDITIONS
6.1. The rights of tourists are protected by the Civil Code, the Law on the Protection of Consumer Rights (Official Gazette, 1994, No. 94-1833; 2007, No. 12-488), the Tourism Law of the Republic of Lithuania (Official Gazette, 1998, No. 32-852; 2011, No. 85-4138) and other legal acts and this contract.
6.2. Claims arising during the trip due to improper execution or non-execution of the contract, the tourist must immediately make a verbal statement to the local representative of the tour operator or the tour guide, and if there are none, to the tour operator. Claims for unresolved or inadequately resolved issues must be made in writing. If claims cannot be resolved during the trip, the tourist can submit claims to the travel organizer in writing within 15 working days from the end of the trip; the tour operator must respond to the claims in writing to the tourist within 15 working days from the date of receipt of the claims. Disputes due to improper execution or non-execution are resolved through negotiations, and if no agreement can be reached, - in accordance with the procedure established by the laws of the Republic of Lithuania.
6.3. Disputes due to improper execution or non-execution of the contract are examined by the State Consumer Rights Protection Office in accordance with the procedure established by the Consumer Rights Protection Law.
6.4. After signing the contract, substantial changes to the terms of the contract (the main part of the agreed services and the price) are possible only with the written agreement of both parties. 6.4. In the cases and procedures provided for in implementing Article 8, Part 10 of the Law on Tourism of the Republic of Lithuania and other legal acts, tourists may apply to the State Department of Tourism regarding non-fulfilment of the obligations of tourism service providers.
Signing the contract does not guarantee that the reservation will be confirmed for the hotel chosen by the tourist. The tourist will be notified separately about the confirmation of the reservation. If the reservation is not confirmed, the signed contract for accommodation in a specific hotel becomes invalid. The tourist has the right to choose an alternative travel option by concluding a new contract. If the tourist refuses to enter into a new contract, the travel organizer must return the money paid to the tourist for the expired contract. If the price of the trip or its part is not paid in accordance with the procedure established in these conditions, the contract becomes invalid. In this case, the tourist has the right to choose an alternative travel option, from the tours offered by the tour operator at that time, by concluding a new contract. If the tourist refuses to enter into a new contract, the tourist must compensate the losses incurred by the tour operator in accordance with p. 2.1.1. according to the established procedure.
The provisions of the contract are binding on the tour operator and all tourists. The tourist confirms that he has thoroughly read and understood all its provisions and has informed other tourist beneficiaries that the tourist trip is organized only according to the conditions specified in the contract and all tourists must comply with all the conditions of the contract.