About Some Of The Business Operating Conditions In The Field Of Tourism

Original Language Title: o některých podmínkách podnikání v oblasti cestovního ruchu

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=47892&nr=159~2F1999~20Sb.&ft=txt

159/1999 Coll.



LAW



of 30 March 2004. June 1999



about some of the terms and conditions of business and the performance of some of the activities in the

tourism and on the amendment of Act No. 40/1964 Coll., the civil

code, as amended, and Act No. 455/1991 Coll., on the

trades (Trade Act), as amended

the laws of the



Change: 39/2004 Sb.



Change: 37/2004 Sb.



Change: 57/2006 Sb.



Change: 214/2006 Sb.



Change: 130/2008 Sb.



Change: 301/2009 Sb.



Change: 89/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



SOME CONDITIONS OF BUSINESS IN TOURISM



Title I Of The



Introductory provisions



§ 1



(1) a package shall mean a pre-arranged combination of at least two of the

the following services, when sold or offered for sale at

an inclusive price and when the service covers a period of more than 24 hours

or when it includes overnight accommodation,



and) transport,



(b)),



c) other tourist services not ancillary to transport or

accommodation and accounting for a significant part of the trip or the price form

at least 20% of the aggregate price of the trip.

Separate accounting for each item of the same tour does not release

entity that is authorized to offer and sell tours, obligations under

of this Act.



(2) a package under this Act is not a combination of tourism services



and other entrepreneurs) sold for the purpose of his business, or



(b) the offer and sale of) does not meet the characters trade. ^ 1)



(3) sell a trip can only the persons listed in section 2 (2). 1 the conclusion

travel contract. ^ 2) Facilitate the sale of the trip can only persons

referred to in § 2 and 3.



§ 2



(1) the operator of a travel agency (hereinafter referred to as "the Agency") is

entrepreneur, ^ 3) that is based on a concession ^ 4) authorized to organize,

offer and sell cruises. The travel agent is also the person who has

at the time of signing the travel contract registered office or place of business in another

Member State of the European Union or in another State representing the European

economic space than the Czech Republic (hereinafter referred to as "travel

the Office, established in the territory of another State "). Travel agency established in the

the territory of another State must operate under the authority of that State to

the operation of a travel agency and must have arranged insurance guarantees for

in case of bankruptcy of a travel agency, or be otherwise for this case

ensured, at least to the extent provided by law.



(2) in the framework of the business referred to in paragraph 1 may also travel agency



and) offer and sell individual tourism services,



(b)) to organize the combination of tourism services and offer them and

sell other travel agency for the purpose of its business,



(c) to facilitate the sale of individual) travel services for

another travel agent or travel agency, or for any other person

(carrier, organizer of cultural, social and sports events

etc.),



(d) to facilitate the sale of) the trip for a different travel agency;

in such cases, the travel contract shall be concluded on behalf of the travel

offices, for which the tour carried on,



e) sell stuff related to tourism, in particular, tickets

maps, schedules, timetables, printed guides and souvenirs.



§ 3



(1) the operator of a travel agency (hereinafter referred to as "travel agency") is

entrepreneur, ^ 3) which is entitled to on the basis of the Declaration of free trade ^ 5)

engage in the activity to the extent referred to in § 2 (2). 2 (a). a) to (d)).



(2) travel agency shall not mediate sale trip under § 2

paragraph. 2 (a). (d)) for the entity that is not a travel agent within the meaning of §

2 (2). 1.



(3) in the context of the business referred to in paragraph 1 may also travel agency

sell stuff related to tourism, in particular, tickets, maps,

plans, timetables, printed guides and souvenirs.



(4) in addition to the obligations under a special legal regulation ^ 6) travel

the Agency shall also be obliged to mark the place of business and promotional and other

materials specified by the customer, the words "travel agency" If this

the designation does not already trading company.



(5) the travel agency is also required to



and in advertising, invitations) and other materials, including their

electronic forms, always inform, for which travel agency is

the sale of the tour carried on,



(b)) before the conclusion of the travel contract to submit candidates for the conclusion

the travel contract (hereinafter referred to as "candidate") at his request for consultation

proof of insurance guarantees in case of bankruptcy of a travel agency, for

which facilitates the sale of the tour,



(c)) before the start of sale of tours for the travel agency

established in the territory of another State shall promptly notify the

fact, the Ministry for regional development (hereinafter referred to as "the Ministry"), and

including information on the scope of insurance guarantees in case of bankruptcy of travel

offices or other forms of collateral, these tours



(d)) in facilitating the sale of the trip for the travel agency established

on the territory of another State, submit leads, at his request, for inspection

a copy of the permission to operate a travel agency, including its officially

certified translation and to inform those interested in the scope of insurance guarantees for

in case of bankruptcy of a travel agency or other forms of providing these

tours,



(e)) at the tour through the mediation of sales resources

distance communication ^ 6a) to provide interested parties with sufficient time

the information specified in § 10.



§ 4



The customer is the person who closes with the travel agency travel

contract, or the person in whose favour it was this contract.

The customer is the person to whom the trip was transferred under the conditions

stipulated by special legislation. ^ 7)



Title II



Travel agency



§ 5



The conditions of issue of the concession of the Charter



(1) an application for a concession to operate a travel agency issues

opinion by a special legal regulation ^ 8) Ministry, and on the

based on the assessment of the supporting documents referred to in paragraph 2.



(2) the applicant for the concession instrument for the operation of a travel agency for your

applications outside of the formal requirements stipulated by special legislation ^ 9)

connects



and the contract with the insurance company about) insurance to the extent provided in § 6-8,



(b)) business plan, including details about its activities, in particular

in which areas of tourism intends to take that part of the

the trip will be to the right, the expected number of customers and in the case that

This is a travel agency that operated on the basis of activity

the earlier legislation, and the number of customers checked in the context of the trip in the

the previous calendar year,



(c) a statement indicating whether or not) the factors referred to in paragraph 4 (b).

(b)),



(d)) Declaration of the anticipated date of commencement of activities.



(3) the Ministry on the basis of the supporting documents referred to in paragraph 2 shall issue a positive

opinion.



(4) the Ministry shall issue a negative opinion, if



and concluded the insurance contract) does not meet the conditions referred to in paragraph 6 to 8

of this Act, or



(b)) in the last 5 years has been cancelled trade licence to

operation of a travel agency or travel agencies because of the violation of

the obligations imposed by the Act or by reason of the decline of the ^ 10)



1. a natural person who is an applicant or a statutory body or its

a member of, if the applicant is a legal person,



2. a legal person of which a statutory body or a member of this

the authority was the natural person who is the applicant,



3. a legal person of which a statutory body or a member of this

the authority was the natural person who is a statutory body or a member of the

the statutory body of the legal entity that is the applicant.



Mandatory insurance guarantee



§ 6



(1) travel agency is obliged to arrange insurance safeguards

the bankruptcy of a travel agency, on the basis of which the customer is

the insured the travel agent the right to performance in cases where the

travel agency because of their bankruptcy



and does not provide shuttle service from the customer) place of residence abroad to the United

States, if this is the right part of the trip,



(b) the customer does not return the deposit) or the cost of the trip in case

the trip did not take place, or



(c) the customer does not return the difference between) paid the price of the trip and the price

partly provided by the trip in the event that the trip took place only

in part.



(2) unless otherwise provided by this Act, is subject to compulsory insurance

guarantees of relevant provisions of the Special Act. ^ 10a)



(3) the insurance contract shall be arranged so that the insurance cover

on all tours sold during the term of the insurance contract, unless

the travel agency shall conclude an insurance contract. At the moment of sale

the trip means the moment of the conclusion of the travel contract. The arrangement of the insurance

the Treaty, which are in contravention of a condition referred to in the first sentence, the

invalid.



(4) an insurance undertaking shall forward to the travel agency in addition to the fuses also documents

specified by the customer, which shall contain information on the contained

insurance, especially insurance companies, marking the insurance conditions and the method of

notification of the insured event; the travel agency is required to pass this


document to the customer at the same time with the travel contract.



§ 7



(1) in the event that the customer shall be granted the right of residence

abroad to the United States, the insurer shall provide the

transport from the place of residence in the United States, including the necessary property

and catering to the time of departure, in case that an insurance company fails to

12 hours after notification of the insured event has been validated by the responsible

travel agent, that an insured event in accordance with § 6

paragraph. 1 (b). and) of this Act. In the case that a subsequent investigation

the insurance company can prove that an insured event, is a travel

the Office shall be required to pay the insurance company what for her insurance company performed.

Ensuring the customer's shipping including the necessary accommodation and catering

at its own expense, the insurance company only to cash

above, which would have had to spend if the transportation, accommodation and

catering offer alone.



(2) insurance benefits under paragraph 1 shall provide the insurer immediately after

Verify the veracity of the notification of the insured event. For notification of the insurance

the events referred to in paragraph 1, does not require the written form.



(3) an undertaking is not entitled to reduce the insurance indemnity or refuse

the amount in the case becomes aware after the insured event, travel

Office knowingly provided false or incomplete supporting documents that were

for insurance is essential. The insurance company is, however, in this case

entitled to claim compensation on the travel office.



§ 8



(1) insurance can be arranged only for the insurance company, which is under a special

Law ^ 11) is entitled to operate the insurance guarantees. Insurance

the conditions for compulsory insurance of guarantee is an insurance undertaking shall submit

The Czech National Bank on her request for review. The Czech National Bank

works when you examine the terms of insurance for insurance guarantees with

the Ministry.



(2) travel agency is obliged to arrange for insurance in the scope of § 6 of the

sum insured for at least 30% of the annual projected revenue from sales

tour operators or, in the case that these sales to be lower than sales in the

the previous year, in the amount of at least 30% of these sales in the

the previous year.



(3) travel agency is obliged to, before the conclusion of the insurance contract, and

at any time during the insurance period to allow the insurance undertaking, on request

access to all documents that are related to the insurance of the tours, and submit

to them for an explanation.



(4) the claims of the customer incurred against the travel agency in the

as a result of failure to comply with the travel contract in the cases specified in § 6 (1).

1, are transferred to the insurer up to the amount of the transactions which he

the insurance company has provided.



(5) sets out the general terms and conditions, which amount to travel

the Office participates in the insured event, the payment method and

the showdown against the travel agency, its conditions of use and

cases where the insurance undertaking is required to an unused amount of the travel agency

return. The amount, which the travel agent involved in the implementation of the

an insured event shall not be less than 2% of the annual revenue from the planned

sale of tours. General terms and conditions may limit the cases and

the amount of the insurance benefits only to the extent that they are limited to the obligations of the

travel agents against the customer specific legislation. ^ 2)



(6) on the dissolution of the insurance undertaking and the travel agency are required to

immediately notify the Ministry. Also, they are required to, without delay,

to inform the Ministry of all the facts, in particular the serious

shortcomings in the financial management of travel agencies, if they can

lead to the demise of insurance. The insurance company is also obliged to inform the

the Ministry of the insured event and insurance provided

the performance.



The obligation of the travel agency



§ 9



(1) travel agency



and) is required throughout its business activities have an

the insurance contract pursuant to § 6-8,



(b) to facilitate the sale of the tour), pursuant to section 2 para. 2 (a). (d)) for

entity that is not a travel agent within the meaning of section 2 (2). 1,



(c)) is required to mark the place of business and promotional and other materials

the customer with the words "travel agency" If this mark does not contain the

her business name; the names of the "travel agent" or "CK" can

use only the entrepreneur who is the holder of a valid concession ^ 4).



(2) travel agency is also required to



and before the closure) of the travel contract leads to his request, with

inspection of proof of insurance in case of bankruptcy the travel guarantee

offices,



(b)) when brokering the sale of the tour for a different travel agency

comply with the obligations



1. the promotion, invitations and other materials, including their

electronic forms, always inform, for which travel agency is

the sale of the tour carried on,



2. prior to the conclusion of the travel contract to submit candidates for the conclusion

the travel contract (hereinafter referred to as "candidate") at his request for consultation

proof of insurance guarantees in case of bankruptcy of a travel agency, for

which facilitates the sale of the tour,



3. before the start of sale of tours for the travel agency

established in the territory of another State shall forthwith inform the

Ministry for regional development (hereinafter referred to as "the Ministry"), including

data on the scope of insurance guarantees in case of bankruptcy of a travel agency,

or other forms of collateral, these tours



4. in facilitating the sale of the trip for the travel agency established

on the territory of another State, submit leads, at his request, for inspection

a copy of the permission to operate a travel agency, including its officially

certified translation and to inform those interested in the scope of insurance guarantees for

in case of bankruptcy of a travel agency, or other forms of secure these

tours,



5. when the trip through the mediation of sales resources

distance communication ^ 6a) to provide interested parties with sufficient time

the information specified in § 10.



(3) travel agency established on the territory of another State is required prior to

the launch of tours, without delay, inform the

Ministry, and including information on the scope of insurance safeguards

the bankruptcy of a travel agency or other forms of collateral for these tours.



§ 10



(1) travel agency is obliged before the conclusion of the travel contract in

catalog or other demonstrable form (hereinafter referred to as the "catalog")

truthfully, clearly, completely and properly informed of all the facts,

that they are aware and which may have an impact on the decisions of those interested in the

the purchase of the package, in particular on



and) term start and end of the trip,



(b) the price of the tour), including a timetable and the amount of the advance payment,



(c)) where the customer is obliged to pay the travel agency

severance pay when you withdraw from the travel contract, and the amount of this

severance pay,



(d)) the destination of the journey or the stay,



(e)) the kind of means of transport (main characteristics or

class),



f) accommodation (location, category, the degree of comfort and its main

characteristics),



g) catering,



h) projected route, including the times and places of intermediate stops,



I) passport and visa requirements for citizens of the Czech Republic and

health formalities that are required for travel and subsistence, and

the usual prices and periods for obtaining them,



(j)), whether it is for a trip required a minimum number of customers, including

the term, when, at the latest before departure must be notified that the customer

This minimum number has not been reached, and the travel agency Tour

cancelled,



the scope and conditions of insurance) the customer pursuant to § 6 to 8 (range

the indemnity conditions for entitlement of the customer, the insurance company,

with which it has concluded insurance),



l) program in place of residence,



m) the time limit within which the customer may report that the trip instead

take part in the other person, if there are grounds for its determination, and

conditions which must be met if a participant of the tour are the reasons for

their determination,



n) individual insurance customer's option for the trip and stay

including insurance in the event that the customer incurs costs in

connection with its withdrawal from the contract, if this

insurance is not included in the price of the trip.



(2) prior to the conclusion of the travel contract may be the information referred to in paragraph

1 changed only in the event that a travel agent's in the catalogue of this right

reserved or if they agreed with the candidate about the purchase of the trip; in

other cases are binding for the travel agency.



§ 11



Violation of the obligations referred to in § 3 (1). 2 in § 6 (1). 4 and in section 9

paragraph. 1 (b). a) and b) is considered a serious breach of the conditions of the method

stipulated by special legislation within the meaning of the trade

^ 13) of the Act.



PART TWO



THE CONTENTS OF THE MOUNTAIN RESCUE SERVICE ACTIVITIES AND THE EXERCISE THEREOF



§ 11a



The contents of the activities of the mountain rescue service



The content of the activities of the mountain rescue service is



and organizing and conducting rescue) and manhunts in the mountain

the field, which means the search and assistance to persons in distress, in the case of

first-aid needs of these persons and to ensure their


transportation to the nearest medical facility or transport

the resource of medical equipment, including the provision of emergency

services,



(b) creating the conditions for safety) visitors to the mountains,



(c) the operation of the rescue and) ensuring reporting stations mountain rescue service,



(d)) the implementation of the installation and maintenance of warning and information device

outside ski areas under section 11 c,



e) cooperation in issuing and disseminating preventive-security

materials among visitors to the mountains,



(f) informing the visitors about mountain) weather and snow conditions

in the mountains, and measures to ensure their safety in the mountains,



g) cooperation with public authorities, the nature conservancy authorities and

environmental authorities of municipalities and regions and other authorities and organisations

operating in the mountains,



(h)) and the implementation of wide injury surveillance analyses the causes of accidents in the mountains,

the design and realization of measures for its reduction,



I) implementation of the avalanche of observations,



j) preparation and training of members and trainees engaged in mountain service



k) cooperation with other components of the integrated rescue

the system ^ 13a).



section 11b



Performance mountain rescue service activities



(1) the performance of the activities of the mountain rescue service provides within its territorial

scope of separately or as a component of the integrated rescue

the system ^ 13a) the charitable company established for this purpose in accordance with

another law ^ 13b) Ministry.



(2) the activities of the mountain rescue service provides only general interest

the company established in accordance with paragraph 1. The exercise of that activity is not

not affect the exercise of the activities of fundamental and other components of the integrated

rescue system ^ 13 c).



(3) the charitable company established under paragraph 1 may

to ensure the activities referred to in section 11a of the contracted in ski areas in accordance with

§ 11 c in compliance with the terms of that contract activity is ensuring that

indicated in the Charter or in the Statute and not threatened by other

the activities referred to in section 11a.



§ 11 c



Ski resorts



Ski area means the ski area created for the purpose of

the operation of winter sports, with transport facilities, skiing

and tracks, ski routes and other specific

tracks, signposted according to Czech technical standards intended for marking,

the security and the movement of the ski area ^ 13d).



PART TWO



cancelled



§ 12



cancelled



PART THREE



Amendment of Act No. 455/1991 Coll., on trades (trade licensing

Act), as amended



section 13 of the



Act No. 455/1991 Coll., on trades (Trade Act),

as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.

600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.

38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.

200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.

94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.

19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.

79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.

15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll. and Act No.

167/1998 Coll., is amended as follows:



1. in annex No. 2 in the group "other" 214, the following text in a column

1 "operation of a travel agency," column 2 ") and higher education

education and 1 year experience in the field, or (b)) the full secondary education and 3 years

practice in the field ".



2. in annex No 3 in the 314 "others", the following text in a column

1 "the operation of travel agents" in column 2 and higher)

education and 1 year experience in the field, or (b)) at least higher professional

education and 3 years of experience in the field, or c) vocational education

and 6 years experience in the field of "," in column 4, Ministry for regional development ",

in column 5 of the "law no 159/1999 Coll., on certain terms and conditions of business in

tourism and on the amendment of Act No. 40/1964 Coll., the civil

code, as amended, and Act No. 455/1991 Coll., on the

trades (Trade Act), as amended

regulations ".



PART FOUR



TRANSITIONAL AND FINAL PROVISIONS



§ 14



Transitional provisions



(1) a license under which have been operated

trades, which this Act amended the trade reporting obligation, tied

(operation of a travel agency) or to the licensed trade

(the operation of travel agencies), are to lapse on the expiry of 6

months from the date of entry into force of this Act.



(2) legal and natural persons that intend to after the deadline

referred to in paragraph 1 continue to engage in activities which are of the date

the effectiveness of this law, subject to a reporting obligation, bound to the trades

operation of a travel agency, at the latest within the time limit referred to in paragraph

1 submit the Trade Office documents to prove that they meet the

the condition of professional competence laid down in this law. If

Trade Office determines that the submitted documents are incomplete or

do not demonstrate sufficient technical competence, it shall invite the legal or

a natural person to the addition or removal of faults with it, if so

fails to do so within the time limit laid down in paragraph 1, the permission to operate

activity as from the effective date of this Act, subject to the reporting

operation of a travel agency business-bound, after the expiry of

ceases to exist.



(3) legal and natural persons that intend to after the period referred to in

paragraph 1 continue to engage in activities that are from the effective date

This Act subject to franchised business travel

the Office, at the latest within the time limit referred to in paragraph 1 to submit the

the Trade Office documents to demonstrate that they meet the conditions

professional competence and papers according to § 5 para. 1 of this Act. For

This assumption may continue its work based on the

original trade license to the date on which the decision

a concession.



(4) unless otherwise provided, the provisions of this Act and

legal relationships arising before the date of the acquisition of its efficiency; the emergence of these

legal relations, as well as claims arising from them before the effective date of this

the law, however, assessed according to the existing legislation.



§ 15



The effectiveness of the



This Act shall take effect on 1 January 2000. October 2000.



Klaus r.



Havel, v. r.



Zeman in r.



1) Act No. 455/1991 Coll., on trades (trade licensing

Act), as amended.



2) part of the eighth head of the twenty-first of Act No. 40/1964 Coll., the civil

code, as amended.



3) § 2 (2). 2 (a). b) of Act No. 513/1991 Coll., the commercial code.



4) Annex 3 of Act No. 455/1991 Coll., as amended.



5) Appendix 2 of Act No. 455/1991 Coll., as amended.



6) § 31 para. 1 and 2 of Act No. 455/1991 Coll., as amended by Act No. 288/1995

SB.



6a) § 53 and 53a of the civil code.



7) section 852f of the civil code.



8) § 52 para. 1 of Act No. 455/1991 Coll., as amended by Act No. 283/1995 Coll.



9) section 50 of the Act No. 455/1991 Coll., as amended by Act No. 283/1995 Coll.



10) section 1 of the Act No. 328/1991 Coll., on bankruptcy and settlement, as amended by

amended.



10A) Act No. 37/2004 Coll., on insurance contracts and amending related

laws (law on insurance contracts).



11) Act No. 363/1999 Coll., on insurance and amending certain

related acts (the Insurance Act), as amended

regulations.



13) § 58 para. 2 and 3 of Act No. 455/1991 Coll., as amended by Act No.

286/1995 Sb.



13A) Act No. 239/2000 Coll., on the integrated rescue system and amending

certain acts, as amended.



13B) Act No. 247/1995 Coll. on non-profit companies

amendments to certain laws, as amended.



13D) ČSN 01 8027.