Act No. 185 / 2020 Coll.
Law on certain measures to mitigate the effects of a coronavirus epidemic known as SARS CoV-2 on the tourism sector
Valid
Law
Effective from 24.04.2020
Text versions:
24.04.2020
185
THE LAW
of 16 April 2020
on certain measures to mitigate the effects of a coronary epidemic known as SARS CoV-2 on the tourism sector
Parliament has decided on this law of the Czech Republic:
Subject matter
This law regulates certain measures in the field of tourism in relation to an epidemic of coronavirus known as SARS CoV-2.
Scope
This law applies to tours (1) with a starting date from 20 February 2020 to 31 August 2020.
Withdrawal period
(1) Protection period is the period by which repayment of payments paid by or for the benefit of the customer is deferred if the cash debt is incurred by the organiser of the trip (hereinafter referred to as the organiser) as a result of the withdrawal from the travel contract pursuant to § 2535 or § 2536 (1) (b) of the Civil Code.
(2) The period of protection begins to run on the date of delivery of the voucher to the customer (2) and ends on 31 August 2021, unless it ends earlier in accordance with this Act.
(3) If the customer is a person who, at the date of receipt of the organiser's notification of the use of the protection period, holds the licence of a person with a medical disability (m3), the person registered as a job seeker, the person pregnant, the person on maternity or parental leave, a person over 65 years of age or a single parent (4) who cares for the uninsured person (5), the protection period ends with the customer's notice of refusal of a travel voucher. The protection period shall end with the customer's notice of refusal of a voucher for a trip further in the case of a staff member who, at the date of receipt of the notice of the organiser's use of the protection period, could not, for at least 30 days, work for other obstacles on the part of the employer under Sections 208 and 209 of the Labour Code. The protection period ends with the customer's notice of refusal of the tour voucher also in the case of schools and school establishments registered in the register of schools and school establishments 6).
Tour voucher
(1) If the organiser decides to use the protection period, he shall notify the customer in writing and issue a tour voucher at least equal to, or for the benefit of, all payments paid by the client.
(2) The tour voucher is valid for the duration of the protection period.
(3) The voucher contains in particular:
(a) a cash amount corresponding to the value of all payments paid by the customer for the trip;
(b) the business name or name or surname of the organiser, his identity number and address of the registered office; and
(c) the date of the beginning and expiry of the tour voucher.
(4) The organiser will provide the customer with a letter voucher; In electronic form, the tour voucher may be transmitted to the customer if the original travel contract has been concluded by means of distance communication or has been agreed by the customer.
(5) The tour voucher must be secured in the event of the organiser's bankruptcy under a law governing certain conditions of business and the pursuit of certain tourism activities.
A customer for whom the conditions laid down in Paragraph 3 (3) are met may refuse a tour voucher by notification to the organizer. At the same time, the customer is obliged to return the voucher to the organizer.
(1) For the duration of the protection period, the organizer shall, at the request of the customer, offer the customer a replacement trip of equal or better quality than the one agreed in the original contract.
(2) If the proposed replacement trip is of the same quality, the organiser may not require the customer, in addition to the ticket, to pay any difference in price over the original travel contract. If the proposed replacement trip is of higher quality, the customer is obliged to pay the price difference only if the organizer offered the customer the same quality tour at the same time and the customer did not use the offer.
(3) The withdrawal period shall end if the organiser has not offered the customer a replacement trip within 30 days of the date on which the client asked the organiser to offer a replacement trip.
(4) The cash debt of the organiser whose performance has been deferred for the duration of the period of protection shall be deemed to have been fulfilled by using the trip voucher to cover the price of a replacement trip which is not less than the amount of money referred to in Article 4 (3) (a).
(5) In the event that the customer does not ask the organiser for a replacement trip or does not use the organiser's offer to conclude the contract, the organiser shall return all payments paid to the client no later than 14 days after the end of the protection period.
Departure
(1) If a travel contract pursuant to Article 2533 of the Civil Code has been terminated and severance payments have been paid, the organiser shall, at his request, issue a travel voucher of at least 10% of the severance payment paid within 14 days of the date on which the client asked the organiser to issue the tour voucher.
(2) A customer may request the issue of a travel voucher in accordance with paragraph 1 within 3 months of the date of termination of the travel contract in accordance with paragraph 1.
(3) The period of validity of the voucher for a trip issued pursuant to paragraph 1 shall be at least 12 months from the date of issue.
(4) The tour voucher issued pursuant to paragraph 1 shall contain in particular:
(a) a cash amount corresponding to the value of the severance pay;
(b) the business name or name or surname of the organiser, his identity number and address of the registered office; and
(c) the date of the beginning and expiry of the tour voucher.
(5) Paragraph 3 to 6 shall not apply to a tour voucher issued pursuant to paragraph 1, with the exception of paragraphs 4 (4) and (5).
The organizer of the tour shall inform the customer in writing of his rights under this law in a clear, comprehensible and clear manner. It will do so at the latest when issuing a voucher for a trip or termination of the contract under Section 2533 of the Civil Code.
Common provision
Arrangements which restrict or exclude special rights provided for in this Act for the protection of the customer shall not be taken into account.
Efficacy
This Act shall take effect on the day of its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
1) § 1b of Act No. 159 / 1999 Coll., on certain conditions of business and on the pursuit of certain activities in the field of tourism, as amended by Act No. 111 / 2018 Coll.
2) § 4a of Act No. 159 / 1999 Coll., as amended by Act No. 341 / 2015 Coll.
3) Article 34 of Act No. 329 / 2011 Coll., on the provision of benefits to disabled persons and on the amendment of related laws, as amended.
4) Paragraph 7 (7) of Act No. 117 / 1995 Coll., on State Social Aid, as amended.
5) Paragraph 11 (1) of Act No. 117 / 1995 Coll., as amended by Act No. 366 / 2011 Coll.
6) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 185 / 2020 Coll., on certain measures to mitigate the effects of a coronavirus epidemic known as SARS CoV-2 on the tourism sector |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.04.2020 |
|---|---|
| Effective from | 24.04.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0