Traveller & Short-Stay Agreement (Austria)
A short-stay licence-to-occupy agreement for holiday and traveller lets in Austria, covering arrival and departure, occupancy limits, damage deposit, cancellation and the Vienna 90-day short-let and guest-registration rules.
What's included
- Licence to occupy, not a tenancy
- Arrival, departure and check-out times
- Maximum occupancy limit
- Refundable damage deposit
- Cancellation and refund terms
- Ortstaxe (local tourism tax) and guest registration
- Vienna 90-day short-let compliance note
- Signature / booking-confirmation block
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🇦🇹 Local law notes — Austria
Genuine short-term holiday accommodation falls outside the Tenancy Act (Mietrechtsgesetz) and is treated as a licence to occupy with no security of tenure. Hosts must keep a guest register and register paying overnight guests under the Registration Act (Meldegesetz), and most municipalities charge a local tourism tax (Ortstaxe). In Vienna, the Building Code (Bauordnung §7a) restricts commercial short-term letting of residential premises in residential zones, generally capping it at 90 days per calendar year and introducing a registration-number requirement for listings.
Inside the document
1. Parties and Nature of Agreement
Identifies host and guest and states expressly that this is a short-term licence to occupy holiday accommodation, not a residential tenancy; it does not create security of tenure under the Tenancy Act (Mietrechtsgesetz – MRG), consistent with the holiday-accommodation exclusion.
2. Property and Stay Dates
Describes the property and states the arrival and departure dates and the fixed, short duration of the stay.
3. Occupancy Limit
Sets the maximum number of guests permitted to stay overnight; exceeding it without consent is a breach permitting termination and removal.
4. Fee and Payment
States the total stay fee, any cleaning fee, the deposit and when each is payable, plus the local tourism tax (Ortstaxe) where charged.
5. Damage Deposit
Sets a refundable damage deposit, the deductions permitted for damage, extra cleaning or missing items, and the timeframe for return after departure.
6. Arrival and Departure
States check-in and check-out times, key/code handover, and the condition in which the property must be left.
7. Guest Registration (Meldegesetz)
Notes the host's obligation to keep a guest register (Gästeverzeichnis) and register paying overnight guests under the Registration Act (Meldegesetz); the guest agrees to provide the identity details required.
8. Cancellation and Refunds
Sets the cancellation policy, notice windows and refund entitlements for guest cancellation, and the host's obligations if the property becomes unavailable.
Frequently Asked Questions
Does a short holiday stay create a tenancy in Austria?
No — genuine short-term holiday accommodation falls outside the Tenancy Act (Mietrechtsgesetz) and is structured as a licence to occupy, so the guest does not acquire security of tenure. The stay must be genuinely short and holiday-purposed.
Are there limits on short-term letting in Vienna?
Yes. Under the Vienna Building Code (Bauordnung §7a), commercial short-term letting of residential premises in residential zones is restricted and generally capped at 90 days per calendar year, and a registration number is required for platform listings.
Do I have to register guests and charge a tourism tax?
Hosts must keep a guest register and register paying overnight guests under the Registration Act (Meldegesetz), and most municipalities levy a local tourism tax (Ortstaxe) on overnight stays.