Tourism Law in Europe

Tourism Law in Austria Michael Wukoschitz1 1. Introduction; 2. Regulatory Provisions; 2.1. Trade Regulations; 2.1.1. Tourist guide trade; 2.1.2. Hospitality trade; 2.1.3. Travel agency business; 2.1.3. Other tourism related trades; 2.2. Tourism Laws of the Federal Provinces; 3. Package Travel; 3.1. Excursus: Contractual Limitation of the Organiser’s Liability – Legislative Confusion in Austria; 4. Insolvency Protection; 5. Accommodation; 6. Timesharing. 1. INTRODUCTION As in many European countries, tourism is an important economic sector in Austria. In 2019, the tourism industry accounted for 7.3 % of Austria‘s gross domestic product2. Austria's scenic diversity, featuring mountains and lakes as well as urban cultural offerings make Austria a popular tourist destination, attracting more than 40 million guests annually. This is why incoming tourism is particularly important, including conference tourism, which is an important source of income, especially for the Viennese economy. On the other hand, Austrians are also keen travellers: according to statistics published by the Austrian Travel Association (ÖRV), in 2018 around 5.8 million Austrian residents took a trip within the country or abroad, spending around € 10.1 billion abroad3. Anything that is economically important usually also attracts the attention of the legislator, which is why it is unsurprising that tourism in Austria is not only subject to the rules laid down by European Union law but is also governed by numerous national and regional regulations. This article is intended to give an overview of the most important rules and thus provide guidance for those who want to become active in the Austrian tourism market - whether as providers or as enquirers. 1 President Emeritus of International Forum of Travel and Tourism Advocates. 2 Source: https://de.statista.com/statistik/daten/studie/295575/umfrage/beitrag-der-tourismus-undfreizeitwirtschaft-in-oesterreich-zum-bip/. 3 Österreichischer ReiseVerband, Fakten und Zahlen Österreichischer Reisemarkt 2018.

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