Is a German hotel liable for stolen items from my room?

What the Law Says

German civil law imposes strict, limited liability on hotels for guests’ personal property under the 'Gastrecht' (guest law) provisions of the Bürgerliches Gesetzbuch (BGB).

Under § 701 BGB, a hotelkeeper (Gastwirt) is strictly liable for loss or damage to guests’ belongings brought into the accommodation — including luggage, electronics, and valuables — provided they were stored in the guest room or common areas under the hotel’s control. This liability arises automatically; no proof of hotel negligence is required.

However, liability is capped at €3,500 per item (§ 701 Abs. 2 BGB), and exclusions apply if the loss resulted from an unavoidable event (e.g., armed robbery beyond reasonable prevention), the guest’s gross negligence (e.g., leaving door unlocked with valuables visible), or failure to report the loss within 48 hours (§ 702 BGB). Hotels may also limit liability further only if they provide a secure safe and inform guests in writing — but even then, liability for items deposited in the safe remains uncapped (BGH, Urteil vom 22.02.2012 – X ZR 93/10).

Statutory Text

The innkeeper is liable for loss of or damage to the guest’s things brought into the establishment, unless the loss or damage was caused by an unavoidable event.

— BGB § 701 Abs. 1

Statutory Text

Liability is excluded if the guest fails to notify the innkeeper without undue delay after becoming aware of the loss.

— BGB § 702

What to Do

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