Hotel sustainability advertising: evidence, misleading claims and injunctions

A hotel may advertise sustainability when the claim is supported by reliable facts in the scope in which it is presented. Under section 2 UWG, incorrect statements and the omission of material information may be misleading if they can influence a commercial decision. This applies to wording such as “sustainable”, “climate neutral”, “eco-friendly” or “organic hotel”, as well as labels, images and comparison claims.

The full presentation matters. The exact wording, visible context, part of the hotel operation concerned, period and supporting records all shape the assessment. One energy project does not automatically establish the environmental performance of the entire property.

This article explains the review before publication and the first steps after a challenge. Allergen information in hospitality is a separate issue. The separate overview on allergen information addresses that topic.

Section 2(1) UWG covers commercial practices containing incorrect statements or otherwise capable of deceiving market participants about product characteristics. For a hotel offer, this can include the features of the accommodation, the nature of the service, the operator’s commitments and statements connected with the advertising. The presentation is assessed from the perspective of the addressed market participant.

The statement must also be capable of causing a commercial decision that would otherwise not have been made. For a hotel, this may be a booking, choosing a higher-priced offer or selecting one property over another. A completed booking is not required for the initial assessment if the presentation is capable of influencing that decision.

Section 2(4) UWG also addresses material information that is withheld, unclear, incomprehensible, ambiguous or supplied too late. A footnote helps only when it makes the overall advertising impression sufficiently clear and is available in time. The main claim and its explanation must tell the same story.

Start with a claim sheet. Record the exact advertising sentence, medium, publication date, service concerned and intended period. Add the question which concrete fact a guest is meant to take from the statement. This makes it possible to choose evidence that actually answers the claim.

For energy or emissions statements, invoices, readings, supplier records, calculation bases and the covered period may be important. For regional or organic offers, origin, delivery scope, product designation and the part of the food service advertised should be traceable. The record must fit the wording and must not suggest wider performance than it proves.

Keep the version of the records that applied when the advertising was published. Add the responsible person, review method and update date. If a supplier, energy source, certificate or operating process changes, the advertising needs a fresh check. An old record may no longer support a current claim.

A claim may concern one room, a restaurant, a particular stay or the hotel operation as a whole. Its factual and operational scope should be apparent from the wording. Evidence for the regional origin of breakfast does not automatically support a general environmental claim about every hotel service.

Images and design elements also influence the overall impression. A forest image, green label or picture of renewable energy can suggest a wider claim when the wording does not limit the scope. Review the landing page, booking flow, social-media post, newsletter and brochure as connected advertising materials.

Claims about offsetting and climate neutrality require particular care. Guests may understand the term to mean that the stay itself has no or very low environmental impact. State which part of the service is covered, which method was used and whether the claim relies on offsetting outside the operator’s value chain.

A sustainability label should allow guests to see who awards it, under which conditions and which part of the offer was assessed. An internal sign with no traceable criteria can create a stronger impression of official or independent approval than the records justify. The current assessment focuses on the overall impression and verifiable information.

Comparisons need a clear reference point. If a hotel advertises lower energy use, fewer emissions or better environmental performance than other properties, the compared properties, period, method and relevant assumptions should be identified. The statement must not derive apparent superiority from an unequal or outdated comparison.

Directive (EU) 2024/825 strengthens the Union framework for environmental claims, sustainability labels and climate-related statements. Its recitals address broad environmental terms, non-representative partial claims and statements based on external offsetting. The relevant Austrian implementing rules remain decisive for national enforcement.

The version of section 2 UWG in force for the planned publication date covers incorrect or misleading statements and the omission of material information. That is the basis for advertising on 21 September 2026. The RIS record shows that version with an end date of 26 September 2026.

Article 4 of Directive (EU) 2024/825 provides that Member States apply their implementation measures from 27 September 2026. On 21 September 2026, the directive therefore has to be treated as transition information. It must not be presented on that date as an already directly applicable Austrian detailed duty for companies.

For a campaign that continues beyond this transition, check the Austrian implementing measure and the version of the UWG then in force. Organise the evidence so that broad claims, labels, comparisons and offsetting statements can be reassessed quickly under a stricter framework.

First make a complete list of visible statements. Include the headline, room description, booking button, price box, image captions, label, search result, social-media text and statements made by distribution partners. Mark wording that claims an environmental or social performance for the hotel or a particular offer.

Match each statement with its evidence, responsible person, scope and update date. Check whether guests receive any limitation in the same place and in language they can understand. Information found only after the booking decision may arrive too late for the preceding advertisement.

Record the approved version, date and reviewed documents. If the evidence does not cover the wording, narrow the claim to a specific supported measure or remove it. “Energy from renewable sources for the hotel operation in 2025” is easier to assess than a general promise about every future stay.

If a claim is challenged, immediately preserve the version of the advertisement, URL, screenshots, booking flow, images and supporting records. Keep earlier versions and internal approvals as well. This shows which claim was accessible, when it was accessible and how broadly it was presented.

Section 14 UWG refers to an injunction claim for misleading commercial practices under section 2 and identifies competitors, associations and other statutory bodies that may be entitled to bring it. Whether a claim exists in a particular matter, which version is affected and which response is appropriate depends on the facts.

A prompt correction may end the continuing advertising impression, but it does not automatically answer every legal issue. Check separately whether the claim remains accessible, whether distribution partners copied it, which evidence exists and whether a contractual or competition-law response has been requested. The communication should identify the specific claim and its scope.

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