Note: This article does not constitute legal advice. It is intended solely for general information and is based on carefully researched content. For a binding legal assessment, please contact a qualified attorney or consult official legal sources.

Introduction

More and more guests are photographing their coat check tag with their smartphones to keep it "safely stored." The idea behind this: If the tag is lost, the photo can serve as a replacement to retrieve the jacket.

However, this is exactly where the problem lies: A photo of a coat check tag is not legally considered a secure proof and should not be accepted as a replacement by operators. This article explains why that is the case, what risks are involved, and how operators should handle this issue.

Summary (Key Points at a Glance)

• Guests photograph coat check tags to have a "proof of security."

• However, a photo is not a legally effective replacement for the physical tag.

• Section 807 of the German Civil Code states that the tag is a document of title – only the person who possesses the physical tag can assert the right to the coat.

• Operators should not accept photos and communicate this clearly to avoid misuse.

1. Why a photo of the coat check tag is not a valid proof

Practically, it seems logical: If someone loses their coat check tag but has a photo of it, they should still be able to get their jacket back, right?

Legally, this is not the case.

According to Section 807 of the German Civil Code, a coat check tag is considered a document of title. This means: Whoever possesses the physical tag can demand the jacket back. A photo of it does not transfer this right, as it does not establish ownership of the tag.

2. What risks exist if operators accept photos?

A) Someone else finds the tag and uses it

If a guest loses their tag and presents a photo as a replacement, another person could simultaneously find the actual tag and pick up the jacket.

Since the physical tag is the decisive proof of ownership, the finder has a legitimate claim to the coat under Section 807 of the German Civil Code.

Example:

A guest takes a photo of their coat check tag and later loses the physical tag in the club. Another person finds it and hands it over at the coat check.

The operator hands over the jacket – because legally, the tag is the sole proof. The original guest comes back with the photo, but the jacket is already gone.

B) Increased risk of fraud

Photos can easily be forged or used by others.

• A guest can use an old photo of a coat check tag to fraudulently obtain another person's jacket.

• Guests might share photos of coat check tags with each other to fraudulently demand multiple jackets.

To avoid this risk, operators should establish a clear rule: A photo is not a replacement for the original tag.

3. How operators should handle this issue

Operators should clearly state early on that photos will not be accepted as a replacement for a lost tag. Various measures can be taken for this:

Set up signage: A notice can be placed directly at the coat check or at the entrance:

"Please keep your coat check tag safe. Photos of the tag will not be accepted as a replacement."

Train staff: Employees should be trained to never release a coat solely based on a photo.

Offer alternative solutions: If a guest loses their tag, they can identify themselves and describe what is in their pockets. However, the release should only occur after a thorough review.

4. Alternatives for operators – How can guests secure themselves?

Since there is no reliable way for guests to replace a lost tag with a photo, operators should offer alternative methods:

Note in the terms and conditions: Operators can include a provision in their terms and conditions (AGB) detailing how lost tags are handled.

Additional identity verification: If a tag is lost, staff can require identity verification or ask guests to describe items from the jacket.

Deposit for lost tags: Some establishments require a small deposit or a signature before releasing a jacket without a tag.

Conclusion: Photos of the coat check tag are not legally binding

• The physical tag is the only valid proof of ownership under Section 807 of the German Civil Code.

• A photo is insufficient because it does not transfer ownership of the tag.

• Operators should not accept photos as proof to prevent misuse and fraud.

• It is advisable to inform guests early about this regulation and provide alternative security measures.

Through clear communication and trained staff, operators can ensure that coat check fraud is prevented and legal requirements are met.

Want to legally secure your coat check?

We have thoroughly analyzed all relevant legal aspects related to coat check storage – from creating effective terms and conditions to practical solutions for the loss of a coat check tag.

Download our PDF "Securing the Coat Check Legally" now and receive valuable tips on how to optimally protect yourself as an operator.