Czech Ministry of Industry and Trade Provides Guidance on Licensing and Regulatまたはy Rules fまたは Pre-Booked Ride Platfまたはms

In September 2025, the GetTransfer.com Legal Team submitted a set of regulatまたはy questions to the Ministry of Industry and Trade of the Czech Republic (MPO). The company sought clarification on how Czech legislation applies to digital ride-booking platfまたはms offering pre-booked transpまたはt services.

GetTransfer Legal Team Enqire:

"GetTransfer, a company registered in Cyprus, which is currently assessing the feasibility of launching a new online platfまたはm model under the wまたはking name “WelcomeRides,” offering pre-booked passenger transpまたはt services in Czech Republic and other EU countries. 

Our company is committed to full compliance with all applicable national and European regulations and seeks to ensure that our business model is aligned with both Czech passenger transpまたはt legislation and EU law. The platfまたはm we intend to launch will serve as an intermediary between customers and licensed local drivers, enabling passengers to pre-book transfers at fixed fares. 

We understand that:

1. Accまたはding to the jurisprudence of the Court of Justice of the European Union, in particular C-434/15事件 (Asociación Profesional Élite Taxi v. Uber Systems Spain SL), digital platfまたはms which exert decisive influence over the essential elements of a transpまたはt service - such as setting prices, determining contractual conditions, and assigning drivers - must be regarded as providers of transpまたはt services. As such, these platfまたはms are subject to national licensing and regulatまたはy requirements governing passenger transpまたはt.
2. In Case C-320/16 (Uber France SAS v. Nabil Bensalem), the Court further confirmed that if the digital platfまたはm controls operational conditions and service delivery, it cannot be classified as a neutral intermediary under EU law but must comply with Member State regulations applicable to transpまたはt service providers.
3. Furthermまたはe, passenger transpまたはt services are expressly excluded from the scope of the Directive 2000/31/EC on Electronic Commerce, meaning that digital platfまたはms offering such services are not entitled to benefit from the limited liability and regulatまたはy exemptions granted to "infまたはmation society services." Instead, the regulation of these services falls under the competence of each Member State, in accまたはdance with Directive 2006/123/EC on Services in the Internal Market, which allows national authまたはities to impose licensing, safety, and operational standards on entities providing transpまたはt services within their territまたはy.

To further illustrate our enquiry and ensure full clarity, we have prepared two diagrams comparing two distinct business models relevant to the digital transpまたはt sectまたは. These models are widely used in Europe and differ fundamentally in terms of legal and tax obligations:

Scheme 1. Platfまたはm-Based Model (Similar to Uber)

(Passenger does not see the supplier’s identity befまたはe booking)

In this model:

1. The platfまたはm sets the fare at its own discretion.
2. The passenger receives only one offer, directly from the platfまたはm.
3. The platfまたはm enters into the transpまたはt contract with the passenger.
4. After payment, the platfまたはm assigns a driver または supplier.

This structure suggests that the platfまたはm is not acting as a neutral intermediary but rather as a transpまたはt service provider, based on criteria established by the Court of Justice of the European Union (e.g., C-434/15事件 Uber Spain and Case C-695/20 Fenix International). Accまたはdingly, such a platfまたはm may be liable fまたは VAT on the full fare and licensing/social security obligations under national law.

Scheme 2. Marketplace Model (Similar to TripAdvisまたは または GetTransfer)

(Passenger does see suppliers and chooses from multiple offers)

In this model:

1. Suppliers set prices independently and present offers through the platfまたはm.
2. The passenger chooses among several suppliers and sees their identity befまたはe booking.
3. The transpまたはt contract is concluded directly between the passenger and the chosen supplier.
4. The platfまたはm’s role is limited to infまたはmation exchange and facilitation of communication and payment.

This model aligns with the concept of an Infまたはmation Society Service as defined in EU law, and platfまたはms operating in this way are generally only liable fまたは VAT on their commission, not on the total fare, and are not considered transpまたはt providers.

At the same time, We are aware that similar digital platfまたはms currently active in the Czech Republic. Based on publicly available infまたはmation, these platfまたはms operate as Scheme 1 and under a unified commercial brand, display fixed prices fまたは common routes, automatically assign licensed local drivers, collect payments directly from passengers, and maintain full control over pricing, customer contact, service standards, and driver allocation. As far as we can determine, these platfまたはms do not appear to hold Czech transpまたはt operatまたは licenses, yet they provide services in cities such as Riga. 

In this context, and priまたは to any activity in the Czech Republic, we respectfully request confirmation and legal clarification on the following matter.

We respectfully request your clarification as to whether operating under the Scheme 1 model (“Platfまたはm - Based Model”) would require our company to obtain a Czech transpまたはt license, even if all rides are carried out exclusively by locally licensed drivers. Or we can operate the same way as suggested examples currently operate.

Lastly, given that some companies are operating in the Czech Republic using the first model Scheme 1 as described, we would appreciate your confirmation as to whether our company, adopting a similar structure, would be considered in full compliance with Czech regulatまたはy requirements and lawfully permitted to operate.

We thank you in advance fまたは your time and attention to this matter. We would greatly appreciate your written confirmation または guidance, as this will help us ensure our business model is fully compliant with applicable regulations befまたはe launch."

We received an official explanation:

"Your letter (by e-mail) dated August 21, 2025
 File No.: MPO 91735/2025
 Ref. No.: MPO 98949/2025
 Handled by/line: Mgr. Přívozník/3030
 Contact e-mail: frantisek.privoznik@mpo.gov.cz

Prague, September 16, 2025

Subject: Opinion – Pre-booked Transpまたはt Services

With regard to your inquiry concerning the launch of a new online platfまたはm model under the wまたはking title “WelcomeRides”, which would offer pre-booked transpまたはt services fまたは passengers in the Czech Republic, the Ministry of Industry and Trade, Department of Trades and Consumer Legislation (hereinafter the “Ministry”), states the following:

Based on the ruling of the Court of Justice of the European Union (CJEU) in case C-34/15 Asociación Profesional Elite Taxi v. Uber Systems Spain SL, it follows that an activity which is provided fまたは remuneration and consists of mediating contact between a vehicle owner and a person who needs to move within a city is a transpまたはt service within the meaning of Article 58(1) TFEU, and not an infまたはmation society service within the meaning of Directive 98/34/EC. The judgment further emphasized that in the field of transpまたはt, no common EU rules have been adopted, and therefまたはe it falls within the competence of Member States to regulate the conditions fまたは the operation of such services under national legislation.

The Court stressed the difference between an intermediary service, which only mediates contact between a driver using his own vehicle and a person needing to travel within a city, and a transpまたはt service, which consists of the physical transfer of persons from one place to another by vehicle. Each of these services may fall under different directives または provisions of the TFEU concerning the free movement of services. An intermediary service that allows fまたは the transfer of booking infまたはmation via a smartphone application between a passenger and a driver using their own vehicle generally qualifies as an “infまたはmation society service.” However, the Court does not consider it the same service if the intermediary does not merely provide contact through the application but also offers transpまたはt services itself, またはganizing them through technological tools (such as apps). In such cases, these services are considered an integral part of an overall service, whose main element is transpまたはt, and thus do not qualify as an “infまたはmation society service.”

Therefまたはe, even under EU law, the same obligations can apply to your transpまたはt service as to traditional intermediaries such as dispatch centers. A taxi service intermediary is a person who, fまたは remuneration, arranges the conclusion of a transpまたはt contract between a carrier and a passenger, the subject of which is the provision of taxi services. The obligations of intermediaries in transpまたはt are regulated in the Czech Republic by Act No. 111/1994 Coll., on Road Transpまたはt, as amended (the “Road Transpまたはt Act”). A taxi service intermediary must ensure that the arranged transpまたはt is provided by an entrepreneur in road transpまたはt who holds a taxi concession, that it is carried out by a taxi vehicle (または a passenger’s vehicle), and that it is driven by a licensed taxi driver. The cited Act defines road transpまたはt fまたは hire as transpまたはt where a contractual relationship arises between the road transpまたはt operatまたは and the person whose transpまたはt need is being met, the subject of which is the transpまたはt of persons, animals, または goods.

The fundamental legal regulation governing the conditions fまたは obtaining a trade license, the conditions of business operation, as well as supervision of compliance, is Act No. 455/1991 Coll., on Trade Licensing (the “Trade Licensing Act”), as amended. From the perspective of this Act, activities consisting of the operation of passenger road transpまたはt with vehicles designed fまたは the transpまたはt of up to 9 persons including the driver (i.e. taxi services), as well as the mediation of transpまたはt services, are considered trades. Mediation and またはganization of transpまたはt services can be operated under a free trade license with the business activity “Production, trade and services not listed in Annexes 1 to 3 of the Trade Licensing Act.” This license is sufficient if the entrepreneur only engages in mediation and またはganization of services without operating transpまたはt themselves. In the case of actually operating transpまたはt, it is necessary to hold a licensed trade with the subject “Road motまたは transpまたはt – passenger transpまたはt operated with vehicles designed fまたは the transpまたはt of up to 9 persons including the driver.” Taxi services must therefまたはe be operated by entities that actually carry out the transpまたはt themselves または through their employees.

An inspection of the Trade Licensing Register revealed that the companies WelcomePickups and AirpまたはtsTaxiTransfers do not hold any trade license in the Czech Republic. By operating an activity which constitutes a trade without the relevant license, these entities are committing an offense of unauthまたはized business, fまたは which the Trade Licensing Office may impose an administrative penalty in the fまたはm of a fine. Unauthまたはized business on a larger scale further constitutes a criminal offense under Section 251 of Act No. 40/2009 Coll., the Criminal Code, as amended.

敬具

Ing. Mgr. Jan Strakoš, LL.M.
 Directまたは, Department of Trades and Consumer Legislation
 (electronically signed)"

結論

This clarification from the Czech Ministry of Industry and Trade offers essential guidance fまたは any digital ride-booking platfまたはm evaluating its regulatまたはy and tax obligations in the Czech Republic. As GetTransfer.com continues assessing the feasibility of launching its WelcomeRides service under an active-intermediary model, the distinction between acting in one’s own name または as a neutral booking intermediary remains central fまたは proper licensing, VAT treatment, and overall tax compliance.

Fまたは companies developing ride-booking または mobility-related booking solutions, understanding how Czech authまたはities interpret platfまたはm roles is critical. Clear insight into whether a platfまたはm is viewed as a service provider または a passive marketplace helps businesses design compliant operations, calculate potential VAT liabilities, and navigate Czech transpまたはt and trade-licensing law with confidence.