Tourism Law in Europe

a) Travel agency The concept of a “travel agency” (in Czech: cestovní kancelář, in English also tour operator or organiser) , the conditions for its establishment, and its basic duties are laid own by the Tourism Act. Further regulations crucial for the operation of travel agencies include the Trade Act and Government regulations specifying the contents of individual trades. The name of the relevant licenced (concession) trade is: Operating a travel agency – organisation of package tours – brokering linked travel arrangements. The operation of a travel agency comprises two fields of business. The first, traditional one, is the organisation of package tours. The second, introduced by amendment No. 111/2018 Coll., amending Act No. 159/1999 Coll., on certain conditions of operating a business and on the performance of certain activities in the field of tourism, as amended, and further related laws, allows a travel agency to broker linked travel arrangements. A travel agency is thus authorised to organise, offer and sell package tours, and act as an intermediary for linked travel arrangements. Furthermore, a travel agency may perform all activities that may be carried out by a travel services intermediary (in Czech: cestovní agentura) , such as the sale of separate accommodation and separate airline tickets. Linked travel arrangements are at least two different types of tourism services purchased for the purposes of the same trip or holiday, not constituting a package tour, resulting in the conclusion of separate contracts with the individual travel service providers. This definition was adopted practically word-for-word from Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (hereinafter the “Directive”). A licence to operate a travel agency may be granted to a person who meets both general and special conditions for the operation of a trade, and encloses with his/her application: - a counterpart of a contract with an insurance company covering potential insolvency, applicable terms and conditions of insurance, a proof of payment of the premiums and deductible, if agreed, or a counterpart of a bank guarantee; - a copy of confirmation of paying the annual contribution to the Guarantee Fund; and