Tourism law
Lexikon

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.

Kurz erklärt

The right to refuse entry describes the authority of an owner or another person entitled to control premises to decide about access and use. It can include opening hours, safety rules and a ban from the premises. Austrian law does not regulate this concept in one single statute; an important starting point is the ownership right under section 354 of the Austrian General Civil Code (ABGB).

A hotel, restaurant or other tourism business may set rules for guests and, for a legitimate reason, refuse entry or ask a person to leave. Once a contract exists, those measures must remain compatible with contractual duties and the protection owed to guests. The hospitality and business topic explains the main connections.

The right to refuse entry has limits. Mandatory law, contractual promises and equal-treatment rules cannot be bypassed through house rules. The right also does not replace a required trade authorisation or any approval that may be needed for the operating facility. The hospitality business glossary entry helps classify the business; after an incident, the guest incident documentation checklist helps organise the relevant records.

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