Act No. 341 / 2015 Coll.
Act amending Act No. 159 / 1999 Coll., on certain terms and conditions of business and on the pursuit of certain activities in the field of tourism and amending Act No. 40 / 1964 Coll., Civil Code, as amended, and Act No. 455 / 1991 Coll., on business (Trade Act), as amended
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Effective from 29.12.2015
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341
THE LAW
of 24 November 2015
amending Act No. 159 / 1999 Coll., on certain terms and conditions of business and on the pursuit of certain activities in the field of tourism and amending Act No. 40 / 1964 Coll., the Civil Code, as amended, and Act No. 455 / 1991 Coll., on Business Enterprise (Trade Act), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 159 / 1999 Coll., on certain terms and conditions of business and on the pursuit of certain activities in the field of tourism and amending Act No. 40 / 1964 Coll., Civil Code, as amended, and Act No. 455 / 1991 Coll., on Commercial Enterprise (Trade Code Act), as amended, as amended, Act No. 37 / 2004 Coll., Act No. 39 / 2004 Coll., Act No. 57 / 2006 Coll., Act No. 214 / 2006 Coll., Act No. 130 / 2008 Coll., Act No. 301 / 2009 Coll., and Act No. 89 / 2012 Coll., are amended as follows:
1. In the title of the Act, the words "and the amendment of Act No. 40 / 1964 Coll., Civil Code, as amended, and Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended," are deleted.
2. Paragraph 1, including footnotes 1 and 2, reads as follows:
(1) For the purposes of this Act, a package of tourism services sold at an aggregate price, provided that it is arranged for a period of more than 24 hours or includes overnight stays and includes at least two of the following:
(a) accommodation,
(b) transport,
(c) another tourist service which is not a complement to transport or accommodation and constitutes a significant part of the package of services offered.
(2) The separate accounting for the individual partial performance of the same trip does not exempt a person who is entitled to organise, offer and sell tours from obligations under this law.
(3) A trip under this law is not a package of tourism services
(a) sold to another entrepreneur for the purpose of his further business; or
(b) whose offer and sale do not meet the characteristics of the business (1).
(4) Only the person referred to in Article 2 (1) is entitled to sell a trip by concluding a travel contract (2). Only the person referred to in § 2 or 3 is entitled to mediate the sale of the trip.
1) Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended.
2) § 2521 et seq. of Act No. 89 / 2012 Coll., Civil Code. '.
3. footnote 3 is deleted, including the footnote references.
4. In the first sentence of Article 2 (1), the word "concession 'is replaced by the words" State licence to operate the business (hereinafter referred to as "concession') ', in the second sentence, the words" at the time of signature of the travel contract' are replaced by the words "at the time of conclusion of the travel contract 'and the words" or bank guarantee' are inserted after the words "guaranteed insurance '.
5. in Article 2 (2) (d), the words "travel contract" shall be replaced by "travel contract."
6. In Article 3 (1), the words "points (a) to (d) 'are deleted.
7. In Article 3 (2), the word "mediate" is replaced by "mediate" and the words "entity which" is replaced by "person who."
8. Paragraph 3 is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
9. Paragraph 3 (4) shall be added at the end of the text in point (a) "; in the case of offering a trip via a website, this information shall be clearly indicated at the same level of the website as the relevant information on the trip '.
10. in Paragraph 3 (4) (b), the words "travel contracts" shall be replaced by the words "travel contracts" and the words "bank guarantees" shall be inserted after the words "guarantee insurance documents";
11. in Article 3 (4) (c), the words "or bank guarantees" shall be inserted after the words "the scope of the guarantee."
12. in Article 3 (4) (d), the words "or bank guarantees" shall be inserted after the words "the scope of the guarantee."
13. footnote 6a is deleted, including the footnote reference.
14.
The customer shall be the person who enters into the travel agreement with the travel agent or the person for whose benefit the travel agreement has been concluded. ';
footnote 7 is deleted.
15. The following Paragraph 4a is inserted after Paragraph 4:
For the purposes of this Act, the price of a trip is also the price paid for a payment instrument issued by a travel agent for payment of a trip (hereinafter referred to as the "tour voucher '). The holder of this tour voucher shall be entitled to be performed in the event of the bankruptcy of the travel agency.'.
16. The heading of Section 5 reads as follows: "Conditions for the grant of a concession for the operation of a travel agency."
17. in Article 5 (1), "operating" is replaced by "operating."
18. In Section 5 (2) of the Introductory Part of the provision, the words "concession note 'are replaced by the words" concession for'.
19. in Article 5 (2) (a):
"(a) a copy or an officially certified copy of the insurance contract in the event of bankruptcy, to the extent provided for in Articles 6 to 8, including the applicable insurance conditions, proof of payment of premiums, or a copy of the bank guarantee in accordance with Article 8b,"
20. in Article 5 (2) (b), the words "including details of their activities," shall be replaced by "containing more detailed information on the applicant's activities, namely."
21. in Article 5 (2), point (c) shall be deleted;
Point (d) shall be renumbered (c).
22. in Article 5 (3), the word "positive" is replaced by the word "agreed."
23. Paragraph 5 (4) reads as follows:
"(4) The Ministry shall issue a dissent opinion if the concluded guarantee insurance contract or bank guarantee in the event of bankruptcy does not fulfil the conditions set out in Sections 6 to 8 or Section 8b. '
24. footnote 10 is deleted, including the footnote reference.
25. in Article 5, the following paragraph 5 is added:
"(5) The Ministry shall keep a list of travel agencies publicly available on the Ministry's website and shall include:
(a) the name of the travel agency;
(b) the business name, registered office and identification number of the person of the travel agent who is registered;
(c) the name and, where applicable, the name, surname, registered address and identification number of the person of the travel agent who is a natural person and is not registered in the commercial register;
(d) a valid insurance policy of a travel agency or a bank guarantee or an indication that the travel agency has not submitted a valid insurance policy or a bank guarantee to the Ministry;
(e) an indication of the prohibition on the travel agency to conclude travel contracts and to extend contracts already concluded, which is imposed on the basis of a final decision pursuant to Article 10a (2) (b); where the event occurs pursuant to Paragraph 10a (3), the Ministry shall delete that information from the list. ';
26. In the heading above Section 6, the words "in the event of bankruptcy 'are added, in Section 6 (1) of the introductory part of the provision, the words" in the case of bankruptcy of a travel agent' are inserted after the words "in the case of bankruptcy of a travel agent '(hereinafter referred to as" insurance of the guarantee of bankruptcy') 'and the words "insured travel agent' are replaced by the words" travel agent '.
27. in Article 6 (1) (b), the words "including the price paid for the trip voucher" shall be inserted after the words "the price of the trip."
28. in Paragraph 6 (2), the words "the relevant provisions of the Special Act. 10a) 'shall be replaced by' in the event of bankruptcy by civil law 10a) '.
Footnote 10a:
"10a) § 2758 to 2872 of the Civil Code. '.
29. Paragraph 6 (3) reads:
"(3) The guarantee insurance contract in the event of bankruptcy must be concluded in writing."
30. In Article 6, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) The guarantee insurance contract in the event of bankruptcy must be negotiated in such a way that:
(a) the insurance covered all tours sold during the period of validity of this Treaty and the vouchers paid for the trip, unless the travel agency enters into a new insurance contract in the event of bankruptcy; the sale of a trip means the moment when the travel contract is concluded; and
(b) the right to benefit was established even if the bankruptcy of the travel agency was caused intentionally.
(5) The Treaty on insurance of the guarantee in the event of bankruptcy may terminate
(a) both the insurance undertaking and the travel agency, at the end of the insurance period, pursuant to § 2807 of the Civil Code; or
(b) an insurance undertaking having an eight-day notice period where the travel agency has infringed the obligation to notify an increase in the insurance risk if such an increase is significant in view of the extent of the activity of the travel agency; the insurance undertaking is insured until the end of the insurance period in which the insurance ceased to exist; a one-off premium in this case belongs to the whole. If the insurance undertaking has not declared insurance within 2 months of the date on which it became aware of the increase in insurance risk, its right to terminate insurance shall cease. ';
Paragraph 4 shall become paragraph 6.
31. in Article 6 (6), the words "at the same time as the travel contract" shall be replaced by the words "accompanied by a note of the trip or a copy of the travel contract."
32. in the first sentence of Article 7 (1), the words "this law" shall be deleted.
33. in the first sentence of Article 7 (2), the words "insurance performance" shall be replaced by "performance" and the words "insurance" shall be replaced by "harmful" and in the second sentence the words "insurance" shall be replaced by "harmful."
34. in Article 7 (3), the word "knowingly" shall be deleted;
35. The following Section 7a is inserted after Section 7:
The provision of a guarantee insurance contract in the event of bankruptcy which derogates from the provisions of this Act shall not be taken into account. '
36. Paragraph 8 (1) to (3), including footnote 11, reads:
"(1) Insurance under § 6 can only be negotiated with an insurance company, which is entitled under the Act governing insurance companies (11) to carry out insurance activities on the territory of the Czech Republic and to operate insurance guarantees (bail). The insurance conditions for compulsory insurance of the guarantee in the event of bankruptcy are required by the insurance company to submit to the Czech National Bank on request for inspection. The Czech National Bank is working with the Ministry to check the insurance conditions for insurance guarantee in case of bankruptcy.
(2) In the event of an insurance contract, the Agency and the insurance undertaking are obliged to negotiate such insurance within the scope of Section 6 so that the agreed insurance performance limit is at least 30% of the annual scheduled sales of the trips or, where such sales are to be lower than the previous year's sales, at least 30% of those sales in the previous year. The Agency shall maintain, during the period of insurance, an insurance performance limit of such an amount that, in the event of an insurance event, all the customer's claims under Section 6 are met. The insurance company is obliged to satisfy the customer's claims arising from § 6 up to the agreed limit of insurance benefits.
(3) The Agency is required to keep for each calendar month a documentary record of the trips sold, including the amount of the sales for these individual tours and sales for the tickets.
11) Article 4 of Act No. 277 / 2009 Coll., on Insurance, as amended. '
37. in Paragraph 8 (4), the words "travel agreements" are replaced by the words "travel agreements."
38. Paragraph 8 (5) reads:
"(5) If the insurance contract provides that the travel agent is involved in the insurance performance (participation), this participation may not be agreed upon to the customer's liability. The performance to the extent set out in Paragraph 6 (1) shall always be provided by the insurance company to the customers. '
39. in Paragraph 8, paragraph 6 is deleted;
40. The following Section 8a is inserted after Section 8:
Information obligations of travel agents and insurance companies
(1) The Agency shall:
(a) submit to the insurance undertaking, prior to the conclusion of the bankruptcy guarantee contract, data relating to the management of the travel agency, the types and number of tours and other information relating to the insurance of the trips requested by the insurance undertaking and explain to it, at the request of the insurance undertaking,
(b) during the period of insurance without undue delay, notify the insurance undertaking of the change in the insurance risk, in particular the increase in sales sales of tours above the amount communicated by the travel agency to the insurance undertaking before the conclusion of the insurance guarantee contract in the event of bankruptcy.
(2) The Agency shall submit to the Ministry within 10 working days of the date of conclusion of the insurance guarantee in the event of bankruptcy a copy or an officially certified copy of that contract and within 10 working days of the date on which the decision to grant the concession takes effect or within the same period of time from the date on which the right to conduct the business is established. Similarly, the travel agency shall proceed with any change in the insurance guarantee contract in the event of bankruptcy affecting the change in the limit of insurance benefits. The Ministry shall publish this policy on its website without undue delay.
(3) The insurance undertaking shall:
(a) inform the Ministry within 5 working days of a change in insurance pursuant to Article 6, which took place on the basis of an increase in sales for tours compared to the planned sales reported by the travel agent when negotiating the original insurance;
(b) at the invitation of the Ministry within 5 working days to submit a copy of the insurance contract for the bankruptcy guarantee concluded with the travel agency;
(c) inform the Ministry within 3 working days of the occurrence of an insurance event and without undue delay of the extent of the insurance benefits provided;
d) inform the Ministry within 5 working days that the travel agency has rejected the proposal for a change of insurance.
(4) Both the Agency and the insurance undertaking are obliged to inform the Ministry of this fact within 5 working days of the date of the loss of insurance.
(5) The Agency shall deliver to the insurance undertaking monthly, no later than the 25th day of the immediately following calendar month, the number of passengers, the number of tours sold, the aggregate price of tours sold, the amount of advance payments for tours, the amount of sales for tours and the amount of sales for travel vouchers. On request, the travel agency shall communicate this information without undue delay to the Ministry. ';
41. The following Section 8b is inserted after Section 8a, including the title:
Bank guarantee
(1) If the travel agency does not have an insurance guarantee for bankruptcy, it is obliged to negotiate a bank guarantee to ensure that the customer is entitled to the same performance as in the case of bankruptcy insurance under § 6 (1) and § 7.
(2) A bank that has issued a bank guarantee, a bank guarantee and its application are subject to the requirements of § 6 (3), (4) and (6), § 7, 7a, § 8 (1), (2) and (4), § 8a (2) to (4) and § 9 (2) (a).
(3) A bank guarantee can only be negotiated with a bank or a branch of a foreign bank which is authorised to operate in the Czech Republic. "
42.In Paragraph 9 (1) (a):
"(a) it is obliged, throughout the course of the business of the operation of the travel agency, to have a contract for insurance of a guarantee in the event of bankruptcy in accordance with § 6 to 8, or to have a bank guarantee in accordance with § 8b,"
43.In Article 9 (1), the following point (b) is inserted after point (a):
"(b) may not conclude a travel contract if its conclusion would exceed the limit of the insurance premiums agreed in the insurance contract for the guarantee in the event of bankruptcy or the amount of the bank guarantee,";
Points (b) and (c) shall be renumbered (c) and (d).
44. in Paragraph 9 (1) (c), the word "brokerage" shall be replaced by the word "brokerage" and the words "body which" shall be replaced by "person who."
45. in Article 9 (1) (d), the word "concession (4)." shall be replaced by "concession (4) for the operation of the travel agency."
46. in Article 9 (2) (a), the words "travel contracts" shall be replaced by the words "travel contracts" and the words "bank guarantees" shall be inserted after the words "guarantee insurance documents";
47. in Article 9 (2) (b), the words "travel agencies referred to in Article 3 (4)" shall be inserted after the words "duties."
48. in Paragraph 9 (2) (b), points 1 to 5 are deleted;
49. in Article 9 (3), the words "or bank guarantees" shall be inserted after the words "the scope of the guarantee."
50. In Article 9, the following paragraph 4 is added:
"(4) The statutory authority or a member of the statutory authority of the travel agency shall ensure that the travel agency does not infringe the prohibition on the conclusion of a travel contract pursuant to paragraph 1 (b). ';
51. in Article 10 (1) of the introductory part of the provision, the word "travel" shall be deleted and the words "travel" shall be inserted after the word "contract."
2. in Paragraph 10 (1) (c), the words "travel contracts" shall be replaced by the words "travel agreements";
53. In Article 10 (1) (k), the word "customer" shall be deleted and at the end of the text of the letter the words "or bank guarantees under Section 8b (scope of the guarantee, conditions for the exercise of the customer's claim, the bank that issued the guarantee) shall be added."
54. in Article 10 (1) (n), the word "travel" shall be deleted and the words "travel" shall be inserted after the word "contract."
55. After Paragraph 10, the following Sections 10a to 10d are inserted:
Supervision of compliance
(1) Supervision of compliance with the obligations laid down in this Act shall be exercised by the municipal business offices, with the exception of those provided for in Articles 3 (4) (c), 8a (1) (b), 8a (2) and 8a (4), with regard to travel agencies, 8 (5), 9 (1) (a) and (b) and 9 (3) and 9 (4), where supervision is exercised by the Ministry; in the exercise of supervision, the Ministry shall verify that the conditions under which it issued a favourable opinion pursuant to Article 5 (3) are met, in particular whether the guarantee insurance contract or the bank guarantee in the event of bankruptcy complies with the conditions laid down in paragraphs 6 to 8 or 8b, and that the travel agency fulfils the obligations imposed by this law against the insurance undertaking with which it has concluded a bankruptcy guarantee insurance contract or the bank which issued the guarantee.
(2) Where the Ministry finds, in the exercise of its supervision under paragraph 1, that the travel agency has failed to comply with one of the obligations imposed on it by this law against the insurance undertaking with which it has concluded a bankruptcy guarantee insurance contract or the bank which has issued the guarantee,
(a) order the travel agency to remedy the deficiencies identified and set a reasonable time limit; or
(b) prohibit the travel agency from concluding travel agreements and extending contracts already concluded if failure to fulfil such obligations could jeopardise the interests of the travel agent's customers and if the travel agency has not remedied the deficiencies identified within the time limit laid down in point (a).
(3) The Ministry shall decide without undue delay to abolish the prohibition on the travel agency to conclude travel agreements and to extend contracts already concluded if the travel agency proves that it has remedied the identified deficiencies and has an insurance of a bankruptcy guarantee complying with the conditions set out in § 6 to 8 or a bank guarantee complying with the conditions set out in § 8b.
(4) The decision referred to in paragraph 2 (b) may be the first act in the proceedings; the appeal against that decision shall not have suspensory effect.
(5) The law governing insurance shall apply to the supervision of the performance of the obligations imposed by this law on insurance undertakings. The Banking Act shall apply to the supervision of the performance of the obligations imposed by this Act on the Bank.
Administrative offences of legal and business natural persons
(1) The Agency shall commit an administrative offence by:
(a) does not indicate the establishment or promotional and other materials intended for the customer in accordance with Article 3 (3); or
(b) fails to fulfil any of the obligations under Paragraph 3 (4).
(2) The Agency shall commit an administrative offence by:
(a) repeatedly infringes the obligation under Article 6 (6) in the part of the sentence behind the semicolon;
(b) does not keep a register in accordance with Article 8 (3);
(c) not inform the insurance undertaking or the bank pursuant to § 8a (1) (b) or § 8a (5);
(d) not submit to the Ministry a guarantee contract in the event of bankruptcy or a valid insurance policy under § 8a (2) or a bank guarantee under § 8b;
(e) inform the Ministry in accordance with § 8a (4);
(f) conclude a travel contract contrary to Article 9 (1) (b);
(g) not to mark the establishment or promotional and other materials intended for the customer pursuant to Article 9 (1) (d);
(h) before the conclusion of a travel contract at the request of the candidate, provide proof of insurance of the bankruptcy guarantee or of the bank guarantee referred to in Article 9 (2) (a);
(i) fails to fulfil the obligation under Article 9 (2) (b);
(j) does not inform the customer prior to the conclusion of a travel contract pursuant to Section 10; or
(k) in contravention of the decision to prohibit the authorisation to conclude travel contracts and to extend contracts already concluded in accordance with Paragraph 10a (2) (b), the travel contract shall be concluded or extended.
(3) A travel agency established in the territory of another State shall commit an administrative offence by not informing the Ministry in accordance with Paragraph 9 (3) before the start of the sale of the tours.
(4) A legal person as a statutory authority or as a member of a statutory authority of a travel agency shall commit an administrative offence by not ensuring, contrary to Article 9 (4), that the travel agency does not infringe the prohibition on the conclusion of a travel contract pursuant to Article 9 (1) (b).
(5) A fine shall be imposed for the administrative offence:
(a) 100 000 CZK if the administrative offence referred to in paragraph 1 (a) or (b) or paragraph 2 (a), (c), (e), (g), (h), (i) or (j) or paragraph 3,
(b) 1 000 000 CZK if it is an administrative offence referred to in paragraph 2 (b), (d), (f) or (k) or 4.
Transfers
(1) A natural person, as a statutory body or as a member of a statutory body of a travel agency, commits an offence by not ensuring, contrary to Article 9 (4), that the travel agency does not infringe the prohibition on the conclusion of a travel contract pursuant to Article 9 (1) (b).
(2) A fine of up to CZK 1 000 000 may be imposed for the offence referred to in paragraph 1.
Common provisions on administrative offences
(1) The legal person shall not be liable for an administrative offence if he proves that he has made every effort to prevent an infringement.
(2) In determining the amount of the fine to a legal person, account shall be taken of the seriousness of the administrative offence, in particular the manner in which it was committed and the consequences thereof and the circumstances in which it was committed.
(3) Liability for an administrative offence shall cease if the administrative authority has not initiated proceedings on it within 1 year of the date on which it became aware of it but no later than 3 years from the date on which it was committed.
(4) The provisions of this Act on liability and sanctions of a legal person shall apply to liability for acts which have taken place in or directly related to the business of a natural person.
(5) Administrative offences under this Act are dealt with by the municipal trade office, with the exception of administrative offences pursuant to § 10b (1) (b), if there is an infringement pursuant to § 3 (4) (c), § 10b (2) (c), (d), (e), (f), § 10b (2) (i), if there is an infringement pursuant to § 9 (2) (b) in conjunction with § 3 (4) (c), § 10b (3) and (4) and § 10c, as discussed by the Ministry. The municipal trade office shall send the Ministry a copy of the final decision on the amount of the fine imposed.
(6) The revenue from fines shall be the revenue from the budget from which the activity of the authority which imposed the fine is covered. ';
56. in Article 11, the words "Article 6 (4)" shall be deleted and the words "(b)" shall be replaced by the words "(c)";
57. In the heading of Part Two, the word "BASIC 'is inserted after the word" CONTENTS'; in the heading "Content 'the word" basic' is inserted after the word "Content '; in the introductory part of the provision of Section 11a, the word" basic' is inserted after the word "Performance '; in Section 11b (1), the word" basic' is inserted after the word "Performance '; and in Section 11b (2) the word" Activity' is replaced by "Basic activity ';
58. in § 11c, the words "and cross-country lines, ski paths and" are replaced by the words "lines, cross-country lines, ski paths or."
59. After Paragraph 11c, the following Section 11d is inserted:
Financing of the basic activity of the mountain service
(1) The State Budget funds intended to finance the basic activity of the mountain service under Section 11a are part of the budget chapter of the Ministry.
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Regulation Information
| Citation | Act No. 341 / 2015 Coll., amending Act No. 159 / 1999 Coll., on certain terms and conditions of business and on the pursuit of certain activities in the field of tourism and amending Act No. 40 / 1964 Coll., Civil Code, as amended, and Act No. 455 / 1991 Coll., on Commercial Business (Trade Act), as amended, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.12.2015 |
|---|---|
| Effective from | 29.12.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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