Tourism Law in Europe

AUSTRIA | MICHAEL WUKOSCHITZ 65 For their part, the innkeepers are entitled to retain the items brought in by the guests as security for their claims arising from the accommodation and catering, as well as their expenses for guests54. The same rules also apply to owners of bathing establishments with regard to the items usually brought in by bathers. However, these rules neither directly nor analogously extend to package organisers where the accommodation is part of the services to be provided under the package travel contract55. 6. TIMESHARING Austria has implemented the Timesharing Directive 200856 in the Timeshare Act of 201157. Timesharing does not play a big role in Austrian tourism and there are only very few published rulings dealing with issues of timesharing. The only issue which had some relevance so far is the issue of contract termination58. 54 Sec. 970c Austrian Civil Code. 55 OGH 17.10.2001, 7 Ob 237/01f. 56 Directive 2008/122/EC of the European Parliament and of the Council on the protection of consumers in respect of certain aspects of timeshare, long-term holiday products, resale and exchange contracts. 57 Teilzeitnutzungsgesetz – TNG 2011, BGBl I No. 8/2011. 58 See OGH 05.06.2001, 6 Ob 104/01i on the legal situation under the previous Timeshare Act of 1997.

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