Ombudsperson Gaby Schwarz: City of Vienna retains booking fee despite barbecue ban

Mr S. contacted the Austrian Ombudsman Board after booking a barbecue pitch twice this year via the City of Vienna’s online booking system, paying 45 euros each time. However, he was unable to have a barbecue. This is because an authority ban on barbecuing has been in force since May due to the dry weather and the risk of forest fires. Mr S. will not, however, be refunded the total of 90 euros. According to the competent municipal department, MA45, this is a contribution towards the administrative costs of maintaining the booking system and the barbecue areas, even if no barbecuing takes place. A refund is not possible, as this would entail additional administrative work. However, the barbecue area is welcome to be used for a picnic.

Ombudsperson Gaby Schwarz: “Surely the City of Vienna can’t be serious about this. Mr S. paid to have a barbecue, but he is not allowed to do so by authority. So the City of Vienna is not providing any service. I expect the fee to be refunded. Refunds aren’t rocket science. I see no justifiable cost incurred by the municipal authority of Vienna. If the City of Vienna officially closes the barbecue areas, it cannot simply pocket the fee. What is booked is a barbecue area with wood provided – not a picnic in the park.”  

District authority continues to refuse to enforce the administrative decision

Ombudsperson Gaby Schwarz is still dealing with a data protection case in Carinthia. Specifically, it concerns Mr K.’s neighbour, who, according to an administrative decision by the Data Protection Authority, is using an unlawful video surveillance system. Technically, cameras must only be capable of filming up to the boundary of one’s own property and must not be easily modifiable via software. “That is not the case here. However, the Klagenfurt-Land district authority discontinued the proceedings after the neighbour submitted photographs showing that he had installed software-based blackout filters. According to Mr K., this blackout was removed again a few days later. Quite apart from that, the Data Protection Authority’s administrative decision clearly states that a software-based blackout is not sufficient. There is now also a ruling by the Federal Administrative Court which confirms our position. I expect the Klagenfurt-Land district authority to finally enforce the Data Protection Authority’s administrative decision.”