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.
