Tourism Law in Europe

AUSTRIA | MICHAEL WUKOSCHITZ 57 educations (including an internship for a specific duration), particular courses, three years of uninterrupted work in a managerial position in the hospitality industry or successfully passing a qualifying examination. In addition, a final apprenticeship examination as a confectioner, followed by a managerial position in a hospitality company, can also provide qualification for the exercise of the trade. In the classification of hotels, Austria follows the system of hotelstars.eu, of which it is a member. The classification according to star classes is made by commissions appointed by the Professional Group Committee of the Chamber of Commerce, at the request of the hotel operator. In Vienna, however, hotel classification is carried out by an expert committee of the Vienna Tourist Board consisting of representatives of the hotel industry, travel agencies, the two most important automobile clubs, the Chamber of Labour and the trade union. Offers of private rentals of apartments to tourists via relevant platforms such as Airbnb, with references to the location to sights, cultural institutions and so on, if not merely occasional, are considered commercial rentals and, therefore, require a business licence19. In the case of condominiums, such use is considered a change of purpose, which requires the consent of all co-owners20. Moreover, in Vienna, the building code21 even completely prohibits such rentals in designated residential areas22. 2.1.3. TRAVEL AGENCY BUSINESS The travel agency business23 includes:  issuance, mediation and procurement of transportation tickets for domestic or foreign transportation companies of any kind;  mediation of passenger transport, accommodation and meals for travellers or mediation of tour packages;  facilitation of linked travel arrangements; and  organisation of travel packages. 19 VwGH 27.02.2019, Ra 2018/04/0144. 20 OGH 08.11.2011, 3 Ob 158/11y. 21 Wiener Bauordnung (Wr BauO). 22 Sec. 7a para 3 Wr BauO. 23 Sec. 126 Trade Regulations Act.

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