The CTI checked 168 travel agencies and operators in total and found breaches of one or more obligations defined by law in 56 of them (i.e. 33.3%). Last year, overall 83 consumers contacted the CTI with an impulse to control (in 8 cases, the control confirmed that the notification was entitled; further, in 8 cases other infringements were found and in one case, the finding was transferred to a competent surveillance body).
Most failures to obligations in the field of tourist industry were found in entrepreneurs in Prague and Central Bohemia Region – 50.8% in total (32 of 63 checked). The second place took travel agencies and operators in Královéhradecký and Pardubický Regions with 45.8% of breaches (i.e. 11 of 24 checked). Least infringements were detected in Plzeňský and Karlovarský Region, only 5.6% (i.e. 2 of 36 checked).
Final fines were issued in 31 cases so far, and they concerned 14 controlled persons in the range of 10 to 20 thousands CZK and 27 controlled ones in the amount of 1 to 9 thousands CZK. Administrative proceedings with the remaining travel agencies and operators were not finished, yet.
Act No 634 Coll., on Consumer Protection
§ 13 - A seller shall duly inform consumers about the extent, conditions, and manner of making liability claims concerning defects… 22x
§ 4 – use of unfair commercial practices 14x
§ 5 – use of misleading commercial practices 13x
§ 12 - a seller shall clearly inform consumers about the price of the services to be provided clearly (incomplete or missing information about the price may not, in particular, make it appear that the price is lower or higher than it actually is) 8x
§ 19 – obligation to accept a claim during the entire course of business hours and issue a written confirmation of the claim with all belongings…3x
§ 3 – fairness of sale of products and provision of services; obligation to provide services for prices agreed in compliance with pricing regulations and to charge correct prices 1x
§ 10 – visible and intelligible marking of products 1x
§ 9 – failure to duly inform on service provided…1x
Act No 64/1986 Coll., on Czech Trade Inspection:
§ 9 – failure to observe terms stipulated by other laws (i.e. is out of the CTI surveillance competence))… 8x
Act No 159/1999 Coll., on certain conditions of business activities in the field of tourism
Section 3, par. 5a – failure to meet obligations concerning promotional, offer and other materials, including their electronic forms, to always inform for which travel agency the trip sale is negotiated... …7x
Recommendations from the Czech Trade Inspection:
- Chose from offers of more travel agencies and compare both the extent of offered services and prices
- Check risk factors of the chosen country on the Ministry of Foreign Affairs’ webpage
- In case you hesitate to decide for a hotel, search for experience of other clients of individual hotels
- Carefully read the contract terms and conditions that are a part of the contract
- Within the order you shall require a properly filled travel contract, i.e. contract with all obligatory information (see Act No 40/1964 Coll., the Civil Code, §§ 852a-852k) a and information about the paid services’ extent; do not rely on mutual agreements
- In case of breaches of contract terms, require remedy immediately at the spot/place of stay without any delay – best in writing and through a delegate or responsible official of the hotel
- Accordingly to your possibilities, ensure to have a photo documentation of the non-complying service or non-confirming conditions (to be used for purposes of possible claim after return in case problem was resolved at the spot)
- Issue your claim in written in 3 months time after the arrival from the vacation (do so at the agency or operator who you have the contract with)
- In case of the claim is not settled within 30 days or in case the claim is not accepted at all, you should contact the nearest CTI inspectorate