64 TOURISM LAW IN EUROPE For package organisers or traders facilitating linked travel arrangements established in another Member State of the EU or the EEA, the local insolvency insurance is sufficient; package organisers or traders facilitating linked travel arrangements established outside the EU or the EEA, which also offer their services in Austria or, by any means, direct their activities to Austria46, require insolvency insurance in Austria or another Member State. 5. ACCOMMODATION The accommodation contract is not regulated separately in Austria, as it is considered a mixed contract with elements of rental and a contract for work and services. Although Austria is a signatory of the Paris Convention on the Liability of Hotel-Keepers Concerning the Property of their Guests47, it has never ratified this convention. However, there are some similar liability rules in the Austrian Civil Code48, which provide for the liability of innkeepers who accommodate strangers regarding the property brought in by the guests, unless they can prove that the damage was neither caused by them or one of their people nor by strangers leaving and entering the house49. Accordingly, the innkeeper is not only liable for the behaviour of other guests or other persons who have gained access with his knowledge and discretion, but also for theft by sneak thieves50 - but not for burglary or robbery51. The liability is independent of a contractual relationship and is rather linked to the actual hosting and the associated care. In terms of valuables, money and securities, the innkeeper is only liable up to the amount of 550 €, unless he has received these items into safe custody with knowledge of their condition or if the damage is due to his own fault or that of his staff52. Unless items were taken over by the innkeeper for safe custody, the claim for compensation expires if the guest does not notify the innkeeper without delay after becoming aware of the damage53. 46 See Art. 6(1) Rome I Regulation. 47 Council of Europe Treaty ETS No. 041. 48 Allgemeines Bürgerliches Gesetzbuch (ABGB). 49 Sec. 970 Austrian Civil Code. 50 SZ 48/97. 51 SZ 21/49; SZ 49/10; SZ 55/64. 52 Sec. 970a Austrian Civil Code. 53 Sec. 970b Austrian Civil Code.
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