INSPECTIONS OF GUIDE LICENSES
Providing guide services in the Czech Republic
The conditions for the execution of tour guide activities in the Czech Republic (hereinafter also referred to as "CR") are regulated by Law No. 159/1999 Coll., on certain conditions of business and on the performance of certain activities in the field of tourism, as amended, and Law No. 117/2020 Coll., which amended Act No. 159/1999 Coll. and adopted the legal regulation of tour guide activities.
Guides based in the Czech Republic
The Law introduces the definition of a tourist guide, the Czech National Guide Card, regulates the issuance of the card, and maintains a list of guides who have been issued the card. According to the Law, a guide is a natural person who provides a group of persons or individuals with information about the cultural, historical, and natural heritage of a country and the contemporary life therein.
Only a person who has been issued a Czech National Guide Card by the Ministry of Regional Development may act as a guide. The Ministry of Regional Development maintains a publicly accessible List of Guides on its website.
Guides based in any of the Member States of the European Union (hereinafter "EU"), the European Economic Area (hereinafter "EEA"), or Switzerland are not required to have a Card, but they must notify the MMR of this fact before providing services in the Czech Republic for the first time; see below.
Guides based in the EU, EEA, and Switzerland – temporary provision of guide services in the Czech Republic
A citizen of an EU Member State who is authorized to act as a tour guide in the territory of an EU Member State may provide services in the Czech Republic on a temporary basis in accordance with Article 56 et seq. of the Treaty on the Functioning of the European Union, but he/she is obliged to notify the MMR. The same applies to a legal person whose internal relations are governed by the law of an EU Member State and which has its registered office, central administration, or principal place of business in an EU Member State and is authorized to carry out the activity of a tour guide within the territory of an EU Member State.
The same also applies to citizens of the Contracting States to the Agreement on the European Economic Area and citizens of the Swiss Confederation and legal persons established in the territory of these States.
Before first providing guide services in the Czech Republic, the above mentioned entities are obliged to notify the MMR of this fact via the electronic form Notification of Temporary Provision of Guide Service in the Czech Republic.
Guide license checking in the Czech Republic
The operation of guide activities in accordance with the valid legislation of the Czech Republic and the EU is controlled by the municipal trade authorities. Employees authorized to carry out license inspections are obliged to comply with Act No 255/2012 Coll., on inspection (the Inspection Code) when carrying out trade inspections and must present their ID card before carrying out an inspection. The following documents must then be presented by the guide at the time of any inspection:
For guides based in the Czech Republic
- valid ID card
- proof of a contractual relationship with the holder of a trade license for the operation of tour guiding activities in the Czech Republic (e.g. an employee in an employment relationship)
For guides from the EU, EEA, or Switzerland who temporarily provide services in the Czech Republic
- valid ID card
- proof of authorization to act as a guide in an EU Member State, EEA, or Switzerland – this means the submission of the document including its translation into the Czech language; in this case, the translation does not have to be performed by an interpreter registered in the list of experts and interpreters pursuant to Act No.254/2019 Coll.
- proof of notification of temporary provision of services to the MMR CR
- a document certifying the contractual relationship with a natural or legal person temporarily providing services in the Czech Republic (if the guide is, for example, an employee in an employment relationship)
- a document proving the authorization of the person temporarily providing services to perform the activity of a guide in the Czech Republic – this means the submission of the document including its translation into the Czech language, in this case the translation does not have to be performed by an interpreter registered in the list of experts and interpreters according to Act No. 254/2019 Coll.
Respecting the license check process and guide cooperation (presenting the required documents) will contribute to a quick and smooth inspection process resulting in only minimal delays for the group or individual being accompanied. The final document of the inspection process is a report, a copy of which will be given to the person being inspected.
Possible offences or administrative offences that are subject to fines include refusal to cooperate with the inspection, conducting guide activities without the relevant authorization (fine of up to CZK 500,000), conducting activities without a guide license (up to CZK 100,000), license not being displayed in a visible place (up to CZK 10,000), failure to fulfil the notification obligation to the Ministry of Regional Development of an EU entrepreneur (up to CZK 100000), failure of an EU entrepreneur to prove the mutual contractual relationship and proof of authorization from the place of establishment (up to CZK 10,000).