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In today's coronadvice, we will discuss the question of cancelling travel packages and its consequent impact. We will explain how to deal with some of the legal obligations of tour operators during the current emergency state.
In Coronadvice 1 we explained that the current legislation only considers some of the situations that tour operators are facing in relation to their customers. In Coronadvice 2, Coronadvice 3, and Coronadvice 5, we dealt with the controversial situations in terms of refunds or cancellation charges. In Coronadvice 8, we mentioned that an agreement with a tour operator on voucher issuance or on date change is an ideal solution for both disputable situations, and for situations when the tour operator is not yet ready for a refund.
Tour operators know that under normal circumstances they are bound by certain legal time limits. But how does it work at this time when most of the situations are disputable? In our opinion, the time limits for refunding money to customers are not applicable during this time of disputes. The statutory time-limits are binding only under the situations expected by law. However, the basic feature of the situation of dispute is that the law does not explicitly count on it. Therefore, the statutory time limits are not applicable to situations of dispute. In addition, if the tour operator and the customer agree on a solution other than a refund, the mentioned time limits become irrelevant.
Under normal circumstances, a failure to comply with the time limits for refunding is a tort under Act No. 159/1999 Coll. on conditions of business and on the performance of certain activities in the area of tourism. But do you think that state authorities will deal with such a tort given the current situation? We do not, because it would not be fair. In addition, the Ministry of Regional Development, according to the answer to question no. 7 of their FAQ, expects the refunds to be processed after the tour operators return to regular operations. A different reaction of the state authorities would be counterproductive, mainly because of the legislative changes and programs adopted by the state, which primarily aim to prevent insolvency of entrepreneurs. The draft of the Ministry of Justice for the so-called debt moratorium will be discussed in one of our other Coronadvice. We also plan to cover the Antivirus program, as well as the questions that now burden tour operators in their capacity of employers.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."