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The judgment is the result of a dispute in which we represent a travel agency and we reported on it last year. Read about the basis of the dispute here: Supreme Court defends travel agency in classic covid dispute | Holubová advokati s.r.o. (holubova.cz). As the client decided to appeal, the Supreme Court was also given the opportunity to comment on this crucial issue for travel agents. Of its conclusions, travel agents will be pleased with the following:
- The right to withdraw from a tour contract arises for the customer at the moment when it can be concluded with a significant degree of probability that extraordinary circumstances will persist and significantly affect the provision of the agreed services or the transport of persons to the destination of the journey or stay.
- In view of the variety of possible exceptional circumstances, it is not possible to determine, on a case-by-case basis, when such a moment has occurred before the start of the trip, i.e. whether it is a period of a week, a shorter period or a longer period; this period must be assessed on a case-by-case basis.
- It cannot be accepted that a customer can withdraw from a tour contract without compensation at a time when it is not yet clear whether the exceptional circumstances that have now arisen are realistically capable of jeopardising the tour on the agreed date. This interpretation does not harm the customer as a consumer, since it does not make it impossible to withdraw from the contract pursuant to section 2535 of the Civil Code, but merely postpones this possibility until a time when it is more than obvious that the tour cannot be carried out.
In addition, Law Firm Holubová advokáti s.r.o. are pleased that the Supreme Court relied in its conclusions on the commentary to the travel contract written by our partner Klara Dvořáková (§ 2535. Unavoidable and Extraordinary Circumstances. In: PETROV, J. EXTRACT, et al. Civil Code. 2nd updated edition. Prague: C. H. Beck, 2022), which cites.
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Markéta Poledníková
Markéta Poledníková
"I was extremely satisfied with the services provided by Holubová advokáti. The collaboration was always professional, systematic, and attentive to detail. At the same time, I greatly appreciated their human and personal approach. Everything was explained to me clearly, I had ample opportunity to ask questions, and I felt a genuine interest in resolving my situation. In my view, the combination of expertise and personal care is exactly what one should expect from legal services. I can wholeheartedly recommend them."
Martin Herna
Martin Herna
"I would like to take this opportunity to express my sincere gratitude to the law firm Holubová advokáti s.r.o. for their professional yet genuinely compassionate approach in an exceptionally difficult period of my life.
The firm successfully represented me in a dispute with my health insurance company concerning reimbursement for a medication that enables me to actively fight an oncological illness and has already begun to show positive treatment results.
From the very outset, I felt a high level of expertise, thoroughness, and a genuine interest not only in the case itself but also in the person behind it. All legal steps were explained clearly and comprehensibly, and the communication was factual, calm, and supported by clear arguments. In a time of great uncertainty, this provided me with a much-needed sense of reassurance and trust.
My special and greatest thanks go to JUDr. Klára Dvořáková, whose commitment, precision, and empathy meant more to me than can be conveyed in just a few sentences. Her work was not only highly professional but also marked by human sensitivity and deep respect for the seriousness of the situation.
I can wholeheartedly recommend this law firm to anyone seeking top-tier legal assistance combined with a truly human approach."
Dietmar Repka
Dietmar Repka
"We express our recommendations for the law firm Holubova Advokati.
Holubova Advokati was able to resolve a project for us with confidence, composure, and perseverance that German experts had deemed hopeless.
About 80 years ago, my grandparents and my father had to leave their home. The property has now been returned to our family through the inheritance that was initiated, and thanks to the excellent work of the law firm.
During the two-and-a-half-year negotiations, there were no language problems; everyone was always well informed about the current status.
Keep up the good work, everyone."