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To the mountains with a qualified professional
The mountains are beautiful, but they can be treacherous. One way of making your way through the mountains safely is to be led by a professional. There are many supposed professionals in the mountains, but how do you recognize those who are qualified and authorized to lead clients in the mountain environment?
The law distinguishes situations where groups of friends are in the mountains, and situations where a person is consistently, for profit, in his own name, and on his own responsibility, is guiding clients in a mountainous environment. While the first situation is not regulated, the second situation is regulated in order to protect the safety of clients, and the law requires is that only a person with the competence to perform the activities of a mountain guide or a mountain leader is authorized to lead clients in a mountain environment. The difference between the activities of a mountain guide and a mountain leader can be explained as follows- in terrain where the use of climbing equipment is not necessary for proper procedure, the client can move with a mountain guide. On the contrary, if it is clear in advance that the use of mountaineering techniques, typically the use of a rope by a client will be necessary during the journey, this is the work of a mountain leader. The movement on glaciers is therefore entrusted to mountain leaders.
In the Czech Republic, professional qualifications for being a mountain guide can currently be obtained by passing an examination with the Czech Guides Association. The same organization also organizes training courses and further education for mountain guides, and associates professional mountain guides on a voluntary basis. The list of members can be found here.
The Czech Association of Mountain Leaders is preparing for the acquisition of professional competence for the activities of a mountain leader. Also, on a voluntary basis, it associates professional mountain leaders and organizes their further education. The list of members can be found here.
If you are traveling in a mountain environment as a travel agency client, be aware that it is the travel agency’s responsibility to provide services of a qualified mountain guide or leader.
Unfortunately, in practice, we still encounter situations where clients in the mountains are commercially led by persons without the required professional competence or qualifications. Until recently, there were no rules for organizing preparatory courses, which was rightly criticized by both professional organizations.
Fortunately, safe movement in the mountains is currently one of the government's priorities, and therefore the Ministry for Regional Development is considering adopting legal rules that would not only create detailed uniform conditions for acquiring professional competence, but also allow professional control that has not existed thus far. Any mountain accident reminds us that professionalism and proper control are certainly appropriate requirements of a mountain guide and mountain leader.
If you are interested in how the movement in the mountains in China is regulated, read our older article.
Do you want to know more or are you considering an outdoor activities business? Order a consultation from us.
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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."