Tourism Law in Europe

b) Accommodation contract The substance of an accommodation contract lies in the accommodation provider’s duty to provide temporary accommodation to the guest in a facility designated for this purpose. The guest agrees to pay for the accommodation and for the services associated with the accommodation. The provisions on accommodation can be found in the chapter concerning rental (lease) agreement and this service can also be denoted as a temporary rental agreement. This area is not subject to European harmonisation. c) Contract for the carriage of a person The substance of a contract for the carriage of a person lies in the carrier’s obligation to transport the passenger to the place of destination. The passenger agrees to pay the fare to the carrier. Fares may be determined individually or may be specified in the transport rules. The provisions governing a contract for the carriage of a person are thus applicable both to regular transport of people, e.g. within public transport, and to irregular or individually agreed carriage. In practice, a contract for the carriage of a person must be distinguished from rental of a means of transport and from a package tour contract. Indeed, cruises including accommodation are always a package tour under the Directive. Unlike rental, a contract on the carriage of a person always specifies the place of destination. It is irrelevant whether the destination is specified by the carrier (e.g. a ferry) or by the passenger (e.g. a taxi). However, the place of destination is known. In the case of a contract for rental of a means of transport, which is not a specifically regulated type of contract in the Czech Republic and falls under lease of a movable thing, the place of destination is not an essential element. The lessor often does not know the destination at all. However, this does not mean that rentals, and especially those of boats, could not be subsumed under transport (carriage) under certain circumstance. d) Mandate, brokering and business agency Contracts between entrepreneurs (B2B) are also regularly concluded in tourism. The most frequent are contracts of mandate, brokerage agreements, agency agreements,