Tourism Law in Europe

The general conditions for operating a trade are full legal capacity and clean criminal record. A natural person usually acquires legal capacity when he/she reaches 18 years of age. A juristic person enjoys legal capacity since its incorporation. The condition of clean criminal record is defined in negative terms in the Trade Act. The requirement for a clean criminal record is not met by a person who has been convicted through a final decision of an intentional criminal offence if the offence was committed in relation to the business activities or to the objects of business for which the given person is applying or that he/she is notifying unless he/she is considered not to have been convicted. Anyone who wants to operate a “notifiable” trade (meaning vocational, professional or unqualified trade) in the Czech Republic must notify the competent trade licensing authority. Anyone who intends to operate a licenced (concession) trade must file an application for a licence (i.e. a “concession”) with the same authority. The basic prerequisite for obtaining a trade authorisation is notification or application for a licence/concession, as applicable. While trade authorisation for a notifiable trade arises on the date of the notification, licenced (concession) trade cannot be operated until the trade licensing authority’s decision on granting a licence (concession) enters into legal force. Along with the Trade Act, another important public-law regulation applicable in the field of tourism is Act No. 159/1999 Coll., on certain conditions for operating a business and on performance of certain activities in the field of tourism (hereinafter the “Tourism Act”). The latter defines further preconditions for the operation of travel agencies, travel services intermediaries, tour guides and mountain rescue services. An amendment is currently being prepared that, if enacted, will introduce to the Act provisions regulating the activities of mountain leaders and mountain guides. Further rules for spas are laid down by Act No. 164/2001 Coll., on natural medicinal sources, sources of natural mineral waters, natural therapeutic spas and spa places, and on amendment to some related laws (the Spa Act). In addition, all entrepreneurs are subject to Act No. 634/1992 Coll., on consumer protection, Act No. 526/1990 Coll., on prices, and Act No. 112/2016 Coll., on records of sales.