Tourism law
Checklist

Prepare for a first consultation in tourism law

The clearer the role, sequence of events and documents, the faster the legally relevant questions in a tourism matter can be assessed.

Which information and documents to organise for a first consultation about a tourism business, booking or liability matter in Austria.

Tourism law often brings several layers together: an accommodation or travel contract, business operations, a cross-border booking or a loss during a stay. For a first consultation, your own legal assessment is therefore not the only important point. The facts, agreements and timeline are central.

This checklist helps businesses, guests and other contracting parties assemble the key information. Collect what is already available and mark the open points. Missing documents can be added later.

For an ongoing business, the business documents checklist is a useful supplement. If the matter concerns a booking, performance or liability, the overview of tourism contracts and liability provides further orientation.

Work through the points before the appointment. You can tick off each point; the status remains saved on your device. Store sensitive documents securely and transmit them only through an agreed channel.

0 of 36 points completed

01 Record the matter, role and objective

The first classification starts with your role and what the consultation should clarify.

02 Put the contract and booking in order

The booking, scope of performance and later changes should be traceable in the order in which they arose.

03 Describe the business and actual performance

For a business, the specific offer and how it was actually carried out are important.

04 Secure the incident, loss and evidence

After an accident, loss, defect or performance dispute, record personal observations separately from supporting evidence.

05 Check cross-border issues and jurisdiction

Foreign guests, businesses or booking platforms may raise additional questions about jurisdiction and the contract.

06 Record urgency and the next steps

The next useful step also depends on which letters have arrived and which decision is pending.

Which points are assessed legally

The first legal assessment must distinguish the contract, the actual performance, the conduct of the parties and any loss. Section 1295 ABGB generally connects damages to a loss and legally relevant conduct. The checklist therefore separates the agreement, sequence, consequence and evidence.

Section 1298 ABGB may matter for the burden of proof in contractual duties. Whether a duty was breached and what follows from it nevertheless depends on the specific contract, actual performance and circumstances of the case.

If several people contributed to the loss, section 1304 ABGB may also be relevant. For damage to property brought into accommodation, section 970 ABGB may additionally matter. These references do not replace a review of the specific contract, incident or correspondence.

This checklist is a general guide for preparing a first consultation under Austrian law. Claims, defences, jurisdiction and further steps can only be assessed on the basis of the specific facts.

Bring the documents in a clear order

Start with a short summary and then arrange the contract, timeline, evidence, correspondence and open questions. A simple file structure with dates makes missing points easier to identify.

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BRANDAUER Rechtsanwälte
Ansprechperson

Mag. Bernhard Brandauer, Rechtsanwalt

BRANDAUER Rechtsanwälte

Orientation for tourism businesses, guests and contracting parties in Austria.

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Orientation for tourism businesses, guests and contracting parties in Austria.

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