Innkeeper liability

In Austrian law, innkeeper liability refers to the special liability of an innkeeper for property brought into the accommodation business by a guest who is staying there. Under section 970 ABGB, the innkeeper is generally liable as a custodian. The innkeeper may avoid liability in particular by proving that the loss or damage was not caused by the innkeeper or staff and was not caused by other people entering or leaving the premises.

Property is also treated as brought in when it is handed to the innkeeper or a member of staff, or placed at a location designated or indicated for that purpose. Section 970a ABGB makes a general notice excluding all liability legally ineffective. Liability for valuables, money and securities is generally limited to EUR 550. This may differ where the innkeeper accepted the property for safekeeping knowing its nature, or where the innkeeper or staff caused the damage.

Innkeeper liability is not a blanket rule for every loss suffered by a guest. In the case of an injury or damage caused by the condition of the premises, contractual protective duties and the duty to ensure safety may also be relevant. The page on tourism contracts and liability provides further orientation on contracts, liability and evidence. After an incident, the guest incident documentation checklist helps organise the first records.