This article does not constitute legal advice. For legally binding information, please visit an official statement on coat check contracts, for example, here:

Introduction

Wherever people come together, they must also have the opportunity to store their belongings. Fairs, theaters, event halls, or clubs - actually everywhere. What sounds so abstract is familiar to us all - The Coat Check. But what actually happens at the coat check from a legal point of view?

This contribution explains the legal foundations, what obligations arise for operators, and what particularly needs to be considered.

Summary (Key Points at a Glance)

• A coat check contract (§§ 688 ff. BGB) is automatically created when a coat is handed over for safekeeping.

• § 807 BGB regulates that the coat check tag serves as proof of possession.

• Operators are obliged to store items carefully and are liable for loss or damage, unless they can prove that they are not at fault.

• Whether liability exists depends on whether the guest still has access to the coat check or had to hand it over at a central location.

• General liability exclusions are ineffective - liability can, however, be clearly regulated by terms and conditions (more on this in the next contribution).

1. What happens legally when a guest hands over their coat?

From a legal perspective, handing over a coat at a coat check is a declaration of intent with legal consequences. Crucial is whether an obligation of care on the part of the operator arises.

Coat Check Contract according to §§ 688 ff. BGB

A coat check contract is established when the coat is handed over for safe keeping.

It is important to note that such a contractual relationship does not automatically occur at every coat check, but depends on the circumstances. The coat check contract is established even if no money is paid.

2. What obligations arise from this?

If a coat check contract exists, the following legal obligations arise for the operator:

• Careful storage: The coat must be protected from loss or theft.

• Return in unchanged condition: The operator may not damage or exchange the coat.

• Security measures: The coat check must be organized in such a way that third parties do not have unauthorized access.

If the operator fails to comply with these obligations and the coat is lost or damaged, they can be held liable unless they can prove that they are not at fault.

3. The significance of § 807 BGB - The Coat Check Tag as Proof

§ 807 BGB plays a special role, stating that a so-called “bearer paper” – such as a coat check tag – serves as proof of possession.

• Whoever possesses the coat check tag can demand the coat back.

• However, the tag alone does not automatically make anyone the rightful owner - it is merely strong evidence for the claim to the coat check.

Problem: Loss of the Coat Check Tag

A guest loses their coat check tag. Another guest finds it and retrieves the coat. Since the coat check tag serves as proof of possession, the staff hands over the coat - however, the rightful owner is left out.

How operators should handle lost coat check tags can be found here.

4. Differences at Coat Checks: Visibility and Duty of Care

Whether the operator is liable depends on whether the guest can still monitor their coat themselves or not.

A) Self-hanging in view (no liability for the operator)

• No coat check contract, as the coat is not actively received.

• The guest can see their coat at any time and bears responsibility themselves.

• The operator is not liable for theft or damage.

Example:

A guest hangs their coat on a hook in the restaurant. During the meal, it is stolen.

The operator is not liable, as the guest could still have monitored their coat themselves.

B) Centrally deposited coat check (liability for the operator)

• A coat check contract is automatically created when the coat is actively received.

• The guest no longer has access to their coat check.

• The operator is liable for safe storage.

Example:

A guest hands their coat over at the central coat check at a theater and receives a tag. After the performance, the coat is missing.

The operator can be held liable as the guest could not protect their coat themselves.

General Rule

• Can the guest still see their coat themselves? → No liability for the operator.

• Must the guest hand over their coat and no longer have access? → Operator is liable.

5. Liability & T&Cs: A Unique Topic for Operators

Since there is a statutory liability with a centrally deposited coat check and coat check contract, many operators try to protect themselves with signs like “No liability for coat check”.

• A blanket liability disclaimer is ineffective when a coat check contract exists.

• Operators can, however, limit certain liability risks through well-worded terms and conditions.

• For example, terms and conditions can stipulate that no liability is accepted for valuables in bags.

Do you want to make your coat check legally secure?

We have thoroughly analyzed all relevant legal aspects surrounding coat check storage - from drafting effective terms and conditions to practical solutions when a coat check tag is lost.

Download our PDF “Making the Coat Check Legally Secure” now and receive valuable tips to optimally protect yourself as an operator.