Legal review, September – October, 2009 (No.1)
In this law review we acknowledge you with the changes in Lithuanian Republic law, which are made on September and October, 2009.
Changes in the law made September, 2009
1. Changes in Lithuanian Republic Law on Competition art 3. 11 p., that comes into force on January 1, 2010. Changes made on September 24, 2009.
By changing Lithuanian Republic Law on Competition art 3. part 11, newly added part introduces the concept of dominant position with a separate discussion of retail entity pursuing market dominance, which until this amendment was not described. Law amendment provides that if the contrary is proved, be deemed to retailer’s entity a dominant position in the market if its market share is not less than 30 percent. Unless proved otherwise, that each of the three or a smaller number of retailers involved in the pursuit of economic operators, who are the largest market shares, together constituting 55 percent or more of the relevant market share is dominant.
Changes in the law made October, 2009
1. Lithuanian civil code: Changes made on the October 22, 2009. Changed and added articles in Lithuanian civil code: 6.750, 6.751, 6.754, 6.865.
By changing the articles 6.750 part 3 is stated that organiser of the tour has a right to claim the damages if the tourist rejects from the contract, except the reject is related to force majeure. This change takes away the tourist right to ask for compensation – paying back money for the journey from the organizer of the tour.
By adding the articles 6.750 part 4 is stated that tourist has a right for compensation, if the contract is cancelled because of the tour organiser fault.
By changing the articles 6.571 part 2 is stated that tour organiser has to offer for tourist new tour (better or the same) if the contract is cancelled because of the tour organiser fault. If the tourist rejects the tour organisers offer, tour organiser has to pay all price of the tour.
By changing the articles 6.574 part 4 is stated that tour organiser has a duty to ensure the departure of the tourist to such place which fits for the tourist if it is clear that tour organiser will not be able to realize the main objects of the contract.
By adding the articles 6.865 part 3 is stated that hotel is liable, for the loss, deficiency or damage of the personal effects of the persons, which lives in a hotel, property, except cases when hotel rejects to take care of the property, which it has to take care off. The liability is the cost of one night in a hotel multiply hundred times. Except hotel rejects to take care of the persons property. Liability of one thing loss or damaging is the cost of one night in a hotel multiplied fifty times.
By adding the articles 6.865 part 4 is stated that hotel is liable if the property is lost or damaged by a guilt of the hotel or a person for which the hotel is responsible. It is stated that hotels liability, in such case, is unlimited according to new addition articles 6.865 part 3.
Articles 6.865 part 9 takes a right from a hotel to state, that hotel is not responsible for the persons property. Hotel can‘t also state that the liability for the loss or damage of persons property is restricted.