Tourism Law in Europe

2.1.1. Tourist guide trade The tourist guide trade includes guiding of persons for the purpose of demonstrating and explaining  historical sights and the artistic and cultural heritage of Austria, including public places and buildings (collections, exhibitions, museums, monuments and memorials, churches, monasteries, theatres and event locations, etc.),  the social and political situation in national and international context; or  sports and society events. To prove the required professional skills, a tourist guide has to provide certificates of successful completion of the tourist guide course and of the successfully passed tourist guide examination or produce evidence of an equivalent individual qualification. In accordance with respective CJEU-case law 15 , the Austrian Administrative Court 16 has clarified that tourist guide services provided by tour guides escorting groups of travellers from other EU member states are not subject to the qualification requirements under sec 108 Trade Regulations Act as long as the services do not include guiding tourists in museums or to memorials where additional knowledge is required 17 . According to sec 108 para 3 no 3 Trade Regulations Act tour escorts employed by domestic travel agencies or tour organisers are allowed to show sights to guests without being regarded as practicing the tourist guide trade. 2.1.2. Hospitality trade The hospitality trade 18 includes accommodation of guests as well as the serving of food and drinks. With regard to accommodation there is an exemption made for small traders with a capacity of no more than ten beds including the serving of breakfast or small snacks to guests with overnight accommodation. 15 CJEU C-154/89 – Commission v. France ; C- 180/89- Commission v. Italy ; C-198/89- Commission v. Greece ; C-375/92 – Commission v. Spain . 16 Verwaltungsgerichtshof (VwGH). 17 VwGH 04.09.2002, 2000/04/0066. 18 Sec. 111 Trade Regulations Act.