CZECH REPUBLIC | KLÁRA DVOŘÁKOVÁ 12 3 and breakfast, while, in the case of rental, the tenants should carry out regular maintenance of the premises. III. PRIVATE LAW REGULATION OF TOURISM The above-described entrepreneurs enter into legal relationships with their customers, and depending on the nature of their activities, they conclude various contracts with them and are responsible for their performance. In terms of contracts concluded with customers (B2C) in the sector of tourism, the Civil Code (Act No. 89/2012 Coll.) explicitly regulates accommodation contracts, package travel contracts and contracts for the carriage of a person. Any other contracts used in tourism are thus “innominate contracts”, usually governed by the provisions on a purchase contract (e.g. for catering), contract for work or contract of mandate (tour guide services). Common types of B2B contracts in tourism are agency and brokerage agreements. III.1. Package Travel Contract A package travel contract is regulated by Sections 2521 et seq. of the Civil Code. Through a package travel contract, the organiser undertakes to provide the customer with a package travel and the customer agrees to pay its aggregate price. The Civil Code does not define the concept of “package travel”, but this definition can be found in the Tourism Act, according to which the substance of a package travel is a combination of tourist services in one package. These services include the carriage of customers; accommodation which is not intrinsically part of the carriage and is not for residential purposes; rental of cars, motorcycles and other motor vehicles; or any other tourist service not intrinsically part of a tourist service within the meaning of the previous points, including, but not limited to, sale of tickets to culture and sports events, organisation of trips and guided tours, sale of ski passes and rental of sports equipment. The Civil Code further lays down an extensive duty of a package travel operator to provide information, rights arising from defective performance and compensation for damage, including loss of enjoyment of the holiday. This regulation is similar to the ones used in other European countries as it transposes the Directive.
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