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Unauthorised business in tourism: what is considered as such?

The Association of Czech Travel Agencies ("ACK") has created a new educational guide for entrepreneurs entitled "(Un)authorised Business", which briefly explains the most pressing issues in the field of tourism. This brochure contains everything necessary to know about this issue. From explaining the concept of unauthorised business in tourism, through information on when unauthorised business is considered a misdemeanour and when it is considered a criminal offence, to explaining what is and isn't a travel package, and how to establish a travel agency. It is therefore a guide that will help avoid unauthorised business.

Regarding the topic of unauthorised business in tourism, ACK has managed to get together the main stakeholders of tourism legislation and its enforcement in the Czech Republic. Based on extensive discussion which involved the Ministry of Industry and Trade, the Ministry of Regional Development, the Czech Trade Inspection, the Association of Czech Insurers, representatives of travel agencies, and the Association of Czech Travel Agencies, an initiative was launched to publish the necessary brochure entitled "(Un)authorised Business", a practical solution to explain the concept of unauthorised business in tourism and, above all, how to prevent it.

Klára Dvořáková, a partner at our law firm and a leading expert in the field of law in tourism and travel, significantly contributed to the preparation of this brochure. Her goal was also to make sure that brochure reflects the general practice in the field.

This brochure utilises a so-called checklist, which can be used to verify whether a specific case constitutes unauthorised business or not. For this purpose, 5 main characteristic features of unauthorised business are used: consistency, independence, acting in one's own name, at one's own risk, and for profit. If a business meets all of these criteria, it is considered an unauthorised business. The brochure also includes specific examples with explanations.

You can find the entire brochure here: Brozura_ACK_13-3-2024_1.pdf (mpo.cz) (in Czech)

If a reader of this brochure finds any information missing, there is a summary of sources at the end from which the authors drew. Or it is possible to consult a problem with our law office. If the article caught your interest, you are unsure about the legality of your business, or you need advice on another question in the field of tourism, do not hesitate to contact us.

Jasper Brinkman

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

'No one has done as much for me as you,' Eva said. We helped our client get compensation for her damaged health after a car accident abroad.

Livingstone, Tour Operator

Thank you again for your valuable advice. I breathe better when I know who to turn to.
Jitka Popelková, Managing Director

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