After an incident

Document a guest incident

Gather documents step by step after an accident, loss or damage

A clear record helps organise what happened, who was affected and which areas of responsibility may need to be examined.

Whether the incident occurred in a hotel, restaurant, holiday business or tourist activity, arrange any necessary assistance first and then secure the key facts. This checklist helps guests and businesses record the incident objectively without anticipating legal responsibility.

Organise the documents around the specific event. The overviews on tourism contracts and liability and hospitality businesses provide additional context for the legal assessment.

Not every point will apply to every incident. Tick only what is established or what still needs to be obtained for your case.

What the documentation can achieve

This checklist does not replace an assessment of the individual case. It helps preserve facts and evidence that may matter for contractual claims, damages or liability for property brought into an establishment. Under section 1295 ABGB, damages generally require a compensable loss and legally relevant fault. Whether those requirements are met depends on the specific sequence of events.

In a contractual relationship, section 1298 ABGB may be relevant to the burden of proof. Section 970 ABGB contains specific rules on an innkeeper’s liability for property brought in by guests. Section 970a ABGB addresses, among other matters, liability exclusions by notice and the statutory limit for certain valuables. These provisions must be assessed against the actual handover, custody and cause of the loss.

A complete record is not an admission of liability. It makes it easier to clarify what service was agreed, what actually happened, who knew about it and which losses can be shown.

General information on Austrian law. The appropriate legal assessment depends in particular on the contract, place, sequence of events and available evidence.

Further context