Tourism Law in Europe

12 0 TOURISM LAW IN EUROPE access to, services, telecommunication and data infrastructure and assistance. If an accident occurs in this environment, assistance is usually provided by the Mountain Rescue Service, Rock Rescue Service or specialised components of the integrated rescue service. Only mountain guides may guide clients in cases where their safe movement in a mountain environment is conditional on climbing or mountaineering techniques; the latter understood as a situation where the client is belayed by a professional, such as sport climbing, multi-pitch climbing, ice climbing, mixed and dry-tooling climbing or climbing on artificial walls. A mountain leader can also use climbing equipment to secure the client, including crampons, ice axes, snap-rings and even mountaineering techniques; however, this should never be a part of the planned tour. Moreover, while mountain guides also operate on glaciers – usually passing them along a marked path leading to a mountain cabin7 –, mountain leaders may only pass a glacier with their clients, exceptionally provided that the nature of the glacier does not require belaying to prevent the client from falling into a crevasse. Finally, in the Czech Republic, a mountain leader can operate in a mountain environment in snow not only on foot or using snowshoes, as typical of mountain leaders, but also using cross-country, backcountry and touring skis; however, ski touring is only allowed on marked paths. II.5. Provider and Organiser of Physical Training and Sports Services The professional trade denoted as “provision of physical training and sports services” must be distinguished from the mountain leaders and mountain guides. Accordingly, the substance of physical training and sports services lies in teaching various skills in the relevant sports discipline and the associated organisation of sports activities for individuals and groups. This includes the lending of sports equipment, instruments and technical means. It is regulated by the Trade Act and the Government regulations specifying the contents of the individual trades. A trade licence for the operation may be granted to anyone who meets the general conditions (clean criminal record and legal capacity) and a special condition, consisting in achieving a specific degree of education in this area, whether by study or requalification. Furthermore, the provision of physical training and sports services must be distinguished from its organisation. The latter is an unqualified trade and consists in arranging the operation of sports facilities and facilities serving for 7 See the Union of International Mountain Leaders, Qualification Standard: https://uimla.org/wpcontent/uploads/2020/05/3-EN_UIMLA_Standard_avril-2013-final.pdf [retrieved on 2020-02-16].

RkJQdWJsaXNoZXIy MTE4NzM5Nw==