56 TOURISM LAW IN EUROPE 2.1.1. TOURIST GUIDE TRADE The tourist guide trade includes orientations for people with the purpose of demonstrating and explaining: historical sights and the artistic and cultural heritage of Austria, including public places and buildings (collections, exhibitions, museums, monuments and memorials, churches, monasteries, theatres and event locations, etc.); the social and political situation on a national and international context; or sports and society events. To prove the required professional skills, a tourist guide has to provide certificates of successful completion of the tourist guide course, and showing that the tourist guide examination was successfully passed or produce evidence of an equivalent individual qualification. In accordance with the respective CJEU-case law15, the Austrian Administrative Court16 has clarified that tourist guide services provided by tour guides escorting groups of travellers from other EU member states are not subject to the qualification requirements under sec 108 Trade Regulations Act, as long as the services do not include guiding tourists in museums or to memorials where additional knowledge is required17. According to sec 108 para 3 no 3 Trade Regulations Act, tour escorts employed by domestic travel agencies or tour organisers are allowed to show sights to guests without being regarded as practicing the tourist guide trade. 2.1.2. HOSPITALITY TRADE The hospitality trade18 includes accommodation of guests, as well as serving food and drinks. With regard to accommodation, there is an exemption made for small traders with a capacity of no more than ten beds, including serving breakfast or small snacks to guests with overnight accommodation. The qualification for the hospitality trade can be proved by certificates from a tourism academy, certain university studies or certain vocational school 15 CJEU C-154/89 – Commission v. France; C- 180/89- Commission v. Italy; C-198/89- Commission v. Greece; C-375/92 – Commission v. Spain. 16 Verwaltungsgerichtshof (VwGH). 17 VwGH 04.09.2002, 2000/04/0066. 18 Sec. 111 Trade Regulations Act.
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