Tourism Law in Europe

contractual relationship and is rather linked to the actual hosting and the associated care. For valuables, money and securities, the innkeeper is only liable up to the amount of 550 Euros, 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 staff 48 . 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 damage 49 . 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 guests 50 . 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 accommodation is part of the services to be provided under the package travel contract 51 . 6. Timesharing Austria has implemented the Timesharing Directive 2008 52 in the Timeshare Act of 2011 53 . Timesharing doesn’t play a big role in Austrian tourism and there are only very few published judgements dealing with issues of timesharing. The only issue which had some relevance so far is the issue of contract termination 54 . 48 Sec. 970a Austrian Civil Code. 49 Sec. 970b Austrian Civil Code. 50 Sec. 970c Austrian Civil Code. 51 OGH 17.10.2001, 7 Ob 237/01f. 52 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 product, resale and exchange contracts. 53 Teilzeitnutzungsgesetz – TNG 2011, BGBl I No. 8/2011. 54 See OGH 05.06.2001, 6 Ob 104/01i on the legal situation under the previous Timeshare Act of 1997.