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Novela zákona o ochraně spotřebitele – nová informační povinnost při zveřejňování slev se netýká služeb

Dne 6. ledna 2023 nabyly účinnosti novela zákona o ochraně spotřebitele a novela občanského zákoníku, které se vztahují i na činnost cestovních kanceláří a agentur a rozšiřují tak regulatorní prostředí našeho již přeregulovaného oboru.

Foto: Shutterstock

Novely obou zákonů přinášejí nové povinnosti, které se týkají několika klíčových oblastí, mj. online objednávky, cenotvorby, spotřebitelských recenzí, informačních povinností, textové podoby smluv a všeobecných obchodních podmínek a dalších. S novou právní úpravou jsou zaváděny i účinnější sankce za jejich nedodržování.

Revolucí novely zákona o ochraně spotřebitele je stanovení informační povinnosti při zveřejňování slev. Informace o slevě z ceny musí nově obsahovat informaci o nejnižší ceně, za kterou jej prodávající nabízel a prodával v době 30 dnů před prvním poskytnutím slevy. Z výkladu spolupracující advokátní kanceláře KMVS však vyplývá, že toto ustanovení se vztahuje pouze na slevy z ceny výrobků, nikoli na slevy z ceny služeb. Skutečnost, že se tato v praxi cestovních kanceláří a agentur těžko proveditelná a neúměrně zatěžující povinnost vztahuje pouze na výrobky a nikoli služby, byla potvrzena i ze strany České obchodní inspekce.

Informační povinnost při zveřejňování slev primárně cílí na obchodní centra a supermarkety, nikoli na činnost cestovních kanceláří a agentur. Na smlouvy o zájezdu či přepravě tedy nedopadá.

Nové regulace se týkají cestovních kanceláří a agentur zejména v oblasti online objednávky, pokud dochází k uzavření smlouvy o zájezdu. CK/CA musí zajistit, aby zákazník vzal při objednávce výslovně na vědomí, že se zavazuje k zaplacení. Je-li objednávka činěna použitím tlačítka nebo obdobného ovládacího prvku, musejí být označeny snadno čitelným nápisem „Objednávka zavazující k platbě“ nebo jinou odpovídající jednoznačnou formulací.

Další platby nad hlavní smluvní závazek je nadále možné požadovat jen na základě výslovného souhlasu zákazníka, nově však výslovný souhlas nelze dovodit z předem připraveného nastavení, které by musel zákazník odmítnout. Jakoukoli úhradu je tedy nutné odsouhlasit, a to vědomým zatržením políčka s konkrétní nabídkou, např. cestovního pojištění apod. Žádná políčka s nabídkou návazných služeb nesmějí být předzatržena.

Další úprava se týká i spotřebitelských recenzí (obchodník musí zajistit, že recenze pochází od osob, které službu zakoupily/využily), cenotvorby (pokud je cena přizpůsobena spotřebiteli na základě automatů, je nutné o tom spotřebitele informovat), telefonického uzavírání smluv (obchodník musí uvést svoji totožnost, účel hovoru a textově potvrdit nabídku, kterou je spotřebitel vázán až po elektronickém potvrzení či podpisu), textové podoby smlouvy o zájezdu, Všeobecných obchodních podmínek a jiných ujednání (nelze zasílat odkazem, dokumenty musejí být v listinné podobě či podobě trvalé elektronické a přiložené ke smlouvě o zájezdu v rámci e-mailové komunikace) a informační povinnosti před uzavřením smlouvy.

Aktuální výklad spolupracující advokátní kanceláře k legislativním novinkám je pro členy k dispozici zdarma v rámci členství. Nečlenské subjekty se však v případě zájmu rovněž mohou obrátit na sekretariát AČCKA a získat bližší informace.

Roman Škrabánek, prezident AČCKA

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