Glossary
Tourism law from A to Z.
Terms and sources for initial orientation.
Contact person
Mag. Bernhard Brandauer, Austrian attorney-at-law
BRANDAUER Rechtsanwälte
Mag. Bernhard Brandauer assists with the legal assessment of tourism contracts, operating issues, levies and liability matters.
D
- Duty to ensure safety Anyone who opens an area to guests or controls a source of danger must take reasonable steps to keep foreseeable risks under control.
- Duty to mitigate loss The duty to mitigate loss means taking reasonable steps to prevent an existing loss from becoming greater. Under section 1304 ABGB, the injured party’s own conduct in causing or increasing the loss can affect the compensation payable.
G
- Guest admission contract A guest admission contract governs the paid admission of a guest and the agreed services, including the special liability for items brought into the accommodation business.
- Guest registration Guest registration is the registration of a guest staying in an Austrian accommodation business in the guest register under the Registration Act 1991.
H
- Holiday home A holiday home is used for holidays, weekends or recreation rather than for a year-round home connected with the centre of a person’s life. The specific restrictions are governed by the law of the Austrian province concerned.
- Hospitality business A hospitality business offers food and/or drinks to guests. Depending on the activity, Austrian trade law, in particular section 111 of the Trade, Commerce and Industry Regulation Act 1994, may apply.
P
- Package travel Package travel combines at least two different types of travel services for the same trip or holiday and is treated in law as one combined offer.
- Price reduction Under section 12(1) PRG, a price reduction is a reasonable reduction of the price for each period during which a package trip is affected by a contractual non-conformity.
R
- Reporting obligation The duty of guests staying in Austrian accommodation establishments to register and confirm the required data, governed in particular by sections 5, 7 and 10 of the Austrian Registration Act (MeldeG).
- Right to refuse entry The right to refuse entry is the authority to decide who may enter or use premises. In tourism businesses, it is limited by contracts and mandatory law.
T
- Tour operator A tour operator combines package travel and sells it or offers it for sale. It is generally responsible for the contracted travel services.
- Tourism levy A tourism levy is a charge regulated by Austrian provincial law in connection with tourism, with details that may differ between provinces.
- Travel agent A business separate from the tour operator that contractually agrees to provide or offers package travel arranged by the tour operator.
- Travel defect A travel defect in a package travel arrangement occurs when an agreed travel service is not provided or is provided inadequately. The relevant question is whether the service departs from the contractual arrangements, not whether the trip simply fell short of expectations.
- Travel insurance Travel insurance is a private insurance contract that, depending on the policy, covers specific risks connected with a trip, such as cancellation, interruption, illness, repatriation, baggage or rescue costs.
General orientation only; not legal advice.
Contact
Clarify a tourism-law question
Address
BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
Phone
+43 662 6280000