Tourism law

Accommodation: handle cancellation requests transparently

How accommodation businesses in Austria review, answer and document cancellation requests.

BRANDAUER Rechtsanwälte
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.

22 August 2026 · Mag. Bernhard Brandauer, Austrian attorney-at-law

A cancellation request for a hotel, holiday apartment or other accommodation should not be answered with a standard sentence. The relevant questions are the contract, the booked rate, the agreed conditions and the time of the request. Separating these points helps a business respond transparently and assess its financial exposure.

This article explains how accommodation businesses in Austria can record, assess and document a cancellation request. The focus is not a blanket promise of a refund, but a reliable decision about cancellation, rebooking, a replacement guest, loss caused by the cancellation and the next communication step.

Classify the cancellation request

Which question should be checked first?

The short selection separates the booking, the guest’s statement and the financial review.

01 Question 1

What is unclear first in the request?

Start with the booking conditions and the exact wording of the message.

Result

Your orientation

01

Preserve the confirmation and incorporated conditions.

Compare the confirmation, rate display and conditions actually available to the guest. The accommodation and guest admission page supports the further assessment.

02

Record the wording and timing of the statement.

Preserve the original message and ask politely whether the guest actually wants to cancel if the message is only a question. Do not promise a result before the statement is clear.

03

Separate loss, saved expenses and replacement booking.

Record the arrival date, the specific unit, a later rebooking and the revenue obtained. A blanket calculation without this review is uncertain.

A booking is not automatically free to cancel merely because it was made online. For accommodation for a specific date, the withdrawal right under section 18(1)(10) FAGG may be excluded. The answer therefore depends mainly on the contract and the conditions validly incorporated into it.

Which details a cancellation request should contain

Start by identifying the booking clearly. Record the guest, booking number, room or property, arrival period, number of guests and agreed price. Add whether a deposit or the full amount has been received and through which sales channel the booking was made.

Preserve the guest’s message in its original form. This also applies to booking platforms, messaging services and telephone calls. After a call, create a factual note with the date, time, person and substance of the conversation. A later dispute can be assessed only if the actual communication remains clear.

The exact wording matters. A question such as “Can I still cancel?” is not necessarily a clear declaration of cancellation. Conversely, a message stating that the guest will not arrive and wants the booking ended may be understood as a clear declaration. If necessary, ask a short clarification without promising a legal result.

Check the contract and rate before replying

Review the booking confirmation, the conditions shown during booking and the version the guest could actually access. Do not search only for the word cancellation. Terms such as flexible rate, non-refundable, minimum stay, advance payment, deposit, rebooking or special seasonal conditions may be decisive.

A clause must fit the actual booking process. It is not enough that general conditions exist somewhere on a website if the booking flow did not clearly refer to them or a different rate condition was confirmed. For platform bookings, also separate the platform conditions from the communication between platform, business and guest.

The Austrian Hotel Industry Terms 2006 may provide useful orientation, but they do not automatically apply to every accommodation contract. Check whether they were validly agreed, whether an individual agreement exists and whether the clause complies with consumer protection rules. A cancellation fee should always be derived from the actual agreed model.

Why an online booking is not automatically withdrawable

The FAGG generally provides a withdrawal right for distance contracts. Section 18(1)(10) FAGG excludes certain services, including accommodation for purposes other than housing where a specific date or period is agreed. A hotel booking for a defined weekend will typically fall within this category.

This does not mean that every business clause is valid or that every cancellation request must be refused. It means that the answer should not simply rely on a 14-day withdrawal period. The contract, the agreed rate and any special statutory rule remain decisive.

Also check whether the booking is only for accommodation. If the service is part of a package travel arrangement, the Package Travel Act may require a different assessment. It should not be treated as an isolated hotel booking. The portal page on accommodation and guest admission provides the related subject overview.

Separate cancellation fee, loss and saved expenses

A contractual cancellation fee is not automatically identical to the full booking price. First identify the agreed rule and the period before arrival that applies. Then examine whether the clause provides a fixed amount and which objections may matter in the individual case.

For a fixed claim, consider whether expenses were saved because of the cancellation and whether the room or property could be sold again. A later replacement booking should not simply be ignored. Record its timing, price and connection with the same unit.

Avoid an apparently exact calculation when the facts are incomplete. State which booking is affected, which clause is being applied, which revenue was saved or recovered and which documents are still missing. That keeps the decision understandable if the guest asks again.

Assess special reasons and hardship cases carefully

Guests often mention illness, an accident, a death, flight problems, an official restriction or another exceptional circumstance. These reasons may be understandable without automatically changing the contract. Check whether the contract, insurance or a specific statutory rule addresses the reason.

Request only documents needed for the actual decision. For sensitive health information, the first review often needs only the fact that a particular reason is asserted. A complete medical history does not belong in a booking file. If evidence is necessary, explain which limited document is needed and for what question.

For force majeure or official restrictions, examine the precise period and service. General uncertainty about travel is not necessarily enough. A business should also avoid promising that every exceptional situation creates a full refund. Rebooking or a credit may be a voluntary solution, but it should be described as such.

Offer a reply, rebooking or replacement guest clearly

The reply should identify the booking and summarise the review in understandable language. State whether the cancellation statement has been recorded, which conditions are relevant and what payment or credit follows. If information is missing, ask specific questions rather than sending a general refusal.

Rebooking, a replacement guest or a change of dates may be practical alternatives. Check capacity, price, season, minimum stay and whether the original contract is amended or replaced by a new agreement. Confirm every deviation in writing. An informal concession without clear terms creates new uncertainty.

If the business waives part of an amount or issues a credit as a goodwill measure, state the scope precisely. Avoid wording that simultaneously appears to acknowledge a full legal obligation and to make a voluntary concession. The glossary explanation of cancellation provides a concise explanation of the term.

Bring records, platforms and data protection together

Create a short handling trail: booking, conditions, receipt of cancellation, internal review, replacement search, decision and reply. Save the version of the conditions that mattered. With platforms, preserve screenshots or exports of the offer if the original display may later disappear.

Record payments and reversals separately. Note when an amount was received, released, refunded or credited against another claim. A credit should state who may use it, when it expires and whether it can be transferred. Unclear credits often cause a second complaint.

Keep only information needed for the booking and decision. Health details, identity documents and payment data should not be shared without control through messaging services. A standard process therefore needs not only a text template but also clear access, retention and deletion rules.

Frequently asked questions

Common questions about accommodation cancellations

Can a guest cancel a hotel booking free of charge within 14 days? +
Not automatically. For accommodation for a specific date or period, the withdrawal right under section 18(1)(10) FAGG may be excluded. The contract and the agreed conditions are decisive.
May the business always charge the full price? +
That depends on the agreement and the circumstances. The rate, cancellation clause, saved expenses and a possible replacement booking must be reviewed. A blanket answer is not reliable.
Does an exceptional reason automatically require a refund? +
No. Illness, travel problems or other hardship may support a voluntary solution, but they do not automatically create a statutory right to a refund. The contract, insurance and applicable law must be assessed separately.

Discuss a tourism-law matter

Briefly describe the business, location, parties and issue. We will discuss which documents and next review step may be useful.

Contact

Clarify a tourism-law question

Address

BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg