Tourism Law in Europe

CZECH REPUBLIC | KLÁRA DVOŘÁKOVÁ 11 5 A trade authorisation (i.e. a trade licence) can be granted if the entrepreneur meets the general and special conditions laid down by the Trade Act. General conditions are those that must be met by every entrepreneur (trader) regardless of what trade he or she intends to operate, and special conditions are then set for vocational, professional and licenced trades, typically including certain education or experience attained in the field. The general conditions for operating a trade are: (1) full legal capacity, usually acquired when a natural person reaches 18 years of age or a legal person is incorporated; and a (2) clean criminal record, which is defined in negative terms in the Trade Act: the requirement is not met by a person who has been convicted of an international criminal offence through a final decision, if the offence was committed in relation to the business activities or to the objects of business for which the given person is applying or is notifying unless considered not to have been convicted. On the one hand, anyone who wants to operate a “notifiable” trade (meaning vocational, professional or unqualified trade) in the Czech Republic must notify the competent trade licensing authority; on the other hand, anyone who intends to operate a licenced (concession) trade must file an application for a licence, i.e. a concession, with the same authority. The basic prerequisite for obtaining a trade authorisation is notification or application for a licence/concession (as applicable). While trade authorisation for a notifiable trade arises on the date of the notification, licenced trade cannot be operated until the trade licensing authority’s decision on granting a concession enters into legal force. Along with the Trade Act, another important public-law regulation applicable in the tourism field is Act No. 159/1999 Coll., on certain conditions for operating a business and on the performance of certain activities in the field of tourism (hereinafter the “Tourism Act”). The latter defines further preconditions for the operation of travel agencies, travel services intermediaries, tour guides and mountain rescue services. An amendment is currently being prepared that, if enacted, will introduce to the Act provisions regulating the activities of mountain leaders and mountain guides. Further rules for spas are laid down by Act No. 164/2001 Coll., on natural medicinal sources, sources of natural mineral waters, natural therapeutic spas and spa places, and on the amendment to some related laws (the Spa Act). In addition, all entrepreneurs are subject to Act No. 634/1992 Coll., on consumer protection, Act No. 526/1990 Coll., on prices, and Act No. 112/2016 Coll., on records of sales.

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