Note: This article does not constitute legal advice. For legally binding information, please visit the official statement on custody contracts here

Introduction

Many cloakroom operators use the notice "No liability for the cloakroom" to free themselves from any responsibility for lost or damaged items. But is this disclaimer actually legally valid? The answer is often: No. In this blog post, we clarify why this notice is often not valid and what legal obligations operators actually have.

The Question of the Individual Case

Whether the restaurant or cloakroom operator can be held liable for damages to the cloakroom and losses depends on the specific situation. It depends on whether the guest has the opportunity to inspect the cloakroom.

Example: Self-Hanging

If the clothing is within the guest's sight and they may have hung it there themselves, then the cloakroom liability does not actually fall on the operator. The sign "No liability for the cloakroom" merely points to this fact – as even without the sign, the operator would not have to be liable!

Central Cloakroom

The situation is different when garments are surrendered at a central cloakroom and perhaps even paid for. This variation typically occurs in theaters, but such a setup is also possible in the gastronomy sector. In this case, the guest enters into a custody contract with the operator. The operator cannot simply exclude their liability with a sign stating "No liability for the cloakroom". Because the guest is not able to keep track of their cloakroom items here.

The Custody Contract

As soon as a customer pays for the cloakroom, a custody contract is legally established. This means that the cloakroom operator takes responsibility for the safe storage of the surrendered items. The notice "No liability for the cloakroom" contradicts this contractual relationship and is therefore usually ineffective.

Legal Basis

According to German law (§§ 688 ff. BGB), the custodian is obligated to keep the deposited items carefully and ensure their preservation. In case of loss or damage to the items, the operator is liable unless the damage was caused by higher force or by the customer themselves.

Why the Disclaimer is Invalid

The blanket disclaimer on a sign or receipt is not legally binding in most cases. This is because a custody contract carries certain responsibilities that cannot simply be waived by a notice. Courts have repeatedly ruled in the past that such clauses are ineffective because they unfairly disadvantage the customer.

What Does This Mean for Cloakroom Operators?

1. Careful Storage: Operators should ensure that the cloakroom is managed properly and securely. This includes monitoring the cloakroom and ensuring that only authorized individuals have access.

2. Transparent Communication: Instead of relying on a blanket disclaimer, operators should inform their customers clearly about the cloakroom usage conditions.

3. Insurance Coverage: It is advisable to take out insurance that covers possible damages or losses in the cloakroom. This protects the operator from financial losses and provides customers with additional security.

How Does Itemdrop Solve This?

With Itemdrop, managing the cloakroom becomes not only easier but also safer. Itemdrop offers the possibility of taking out insurance for each checked-in item. This allows the operator to protect themselves easily against risks and provide customers with additional protection.

Conclusion

The notice "No liability for the cloakroom" may be widespread, but legally it is often not valid. Operators should be aware of their responsibilities and take appropriate measures to protect both themselves and their customers. Careful management of the cloakroom and transparent communication are crucial in this regard. With Itemdrop, you are well-equipped to meet all legal requirements and to run your cloakroom operation efficiently and sustainably.

Interested in a modern and legally compliant solution for your cloakroom?

Learn more about Itemdrop and how we can help you revolutionize your operation.