58 TOURISM LAW IN EUROPE In terms of trade requirements, there is therefore no difference between retailers and package organisers, with the exception that the latter (as well as traders facilitating linked travel arrangements) require insolvency insurance24, details of which are accessible in a public register25. The proof of qualification for the travel agency business can be provided by a certificate of a successfully passed qualifying examination or certificates from a tourism academy, certain university studies, final apprenticeship examination in the occupation of travel agency assistant and a subsequent professional activity of at least two years, attendance of a vocational school for at least three years, with a focus on tourism and a subsequent professional activity of at least two years, five years of relevant practice as a self-employed person or company manager or certain periods of relevant practice alongside a certain education. In all business premises where the travel agency business is carried out and in which they are not themselves predominantly active, travel agency operators have to employ at least one competent employee that is sufficiently fluent on a foreign language for day-to-day business operations and has full social security coverage26. 2.1.3. OTHER TOURISM RELATED TRADES Other tourism related trades like car rental, ticket offices, small accommodation businesses, swimming facilities, ground handling of air passengers, operation of electronic devices to provide explanations about places of interest and others are so-called “free trades”, which do not require any certificate of competence and can be carried out immediately after registration with the authorities. 2.2. Tourism Laws of the Federal Provinces According to Art. 15 of the Federal Constitution27, the regulation of specific areas of tourism and leisure is essentially a matter for the federal provinces. Each federal province, therefore, has its own tourism law. These tourism laws essentially regulate the establishment, organisation and tasks of tourism associations, the collection of tourism contributions and the promotion of tourism. 24 Sec. 127 Trade Regulations Act 25 Trade Information System Austria (GISA); https://www.gisa.gv.at/fshost-gisa-p/user/formular.aspx. 26 Sec. 11 Package Travel Regulation (Pauschlareiseverordnung – PRV) 27 Bundes-Verfassungsgesetz (B-VG).
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