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Coronadvice 9 - Can the Accommodation For Summer, Autumn, or Next Year Be Sold in the Current Situation?
On March 15, 2020, the government adopted a crisis measure that banned the sale of accommodation services with effect from 24 March 2020, barring some exemptions. This ban on the sale of accommodation was further extended yesterday (23 April 2020) until 1 April 2020. However, the term "ban on the sale of accommodation" is unclear. Does it also include any conclusion of an existing accommodation contract or reservation, even if the accommodation is to take place in summer? Is the issuance of a voucher (we dealt with vouchers in Coronadvice 8) considered a sale of accommodation according to the crisis measure? What if a tour operator sells a package tour that includes accommodation? Does the ban also apply to the sale of tours by tour operator? Many questions arise from three simple words.
From a purely grammatical interpretation of the crisis measure, it would appear that sales are prohibited in the sense of concluding an accommodation contract for the duration of the crisis measure. Thus, it does not matter when the accommodation services will be used, but when the contract was concluded. This interpretation, however, goes against the sense and purpose of the crisis measure, which is to limit the gathering of persons in accommodation facilities for a certain period of time. We discussed this situation with the Ministry of Industry and Trade, which also confirmed that the aim of the measure is not to freeze the sale of accommodation forever. Therefore, a ban on the sale of accommodation means the realisation of accommodation, or the conclusion of a contract with performance, at the time of emergency measures. Providers of accommodation can now conclude accommodation contracts for the period after the end of the crisis measure, for example in the summer or next year.
According to the purpose of the measure, it is also necessary to address the question of whether tour operators and travel agencies are also included in the ban on the sale of accommodation. The answer is yes. Accommodation sold by a travel agency or tour operator as a single service or as part of a package tour is considered accommodation in terms of an emergency measure. Thus, travel agencies and tour operators cannot sell accommodation services or package tours that involve accommodation, which is to be provided during the time specified in the crisis measure. However, they may sell accommodation or package tours involving accommodation, where the stay is to be completed after the time specified in the crisis measure.
Being an entrepreneur in tourism is difficult today. Therefore, we carefully monitor state and other support measures for entrepreneurs. In the coming days, we will focus on the issue of employees. You can look forward to topics about the change in nursing (sickness insurance) benefit due to coronavirus, or which scheme from the Ministry of Labor and Social Affairs Antivirus program can be used by tourism entrepreneurs to get reimbursed for employees' wage costs.
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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."