House rules for a holiday flat: what is enforceable

Which rules bind your guest and how to bill a breach.

BildProof EditorialUpdated 9/28/20262 min read
In short

Put your rules in the listing and the platform house rules, so the guest sees them before booking. If a rule is broken, bill the real costs, not a fixed penalty.

What belongs in the house rules?

Four rules are needed most often. Where they appear, and how you bill a breach, matters just as much.

  1. 1

    No smoking

    Whether and where smoking is allowed at the property.

  2. 2

    No parties

    No parties or events in the flat.

  3. 3

    Maximum guests

    How many people may stay overnight at most.

  4. 4

    Pets

    Whether pets are allowed and on what terms.

  5. 5

    Before booking

    Only what is in the listing and the platform house rules becomes part of the contract.

  6. 6

    Real costs

    If a rule is broken, bill what really arose, such as extra cleaning.

Which rules apply

Under § 305 BGB, pre-formulated rules only become part of the contract if the guest could take notice of them when booking. Unreasonably disadvantageous clauses are void under § 307 BGB, which can catch excessive fixed penalties.

General information, not legal advice.

Frequently asked questions

Where must the house rules appear?

Where the guest sees them before booking, meaning in the listing and the platform house rules. A notice in the flat is too late.

Can I charge for a rule breach through the platform?

Only to a limited extent. Under the Booking.com damage program you cannot charge for house-rule breaches, smoking or routine cleaning. On Airbnb, consumables are only covered if they were clearly marked as unavailable to the guest, for example excluded in the House Rules.

Which general rules apply to hosts in 2026?

Since 20 May 2026 the EU short-term rental Regulation (EU) 2024/1028 applies directly: where your country, region or municipality sets up a registration procedure, you get a registration number online, which platforms must obtain before the listing goes live and show in the listing. In cities with a Zweckentfremdungsverbot such as Berlin or Hamburg, you also need approval or registration with the city.

More on this

Also in this topic: Pet damage in a holiday flat: what you can recoverInventory missing after a stay: what you can recoverKaution for a holiday flat: how much may you charge?Mattress stains from guests: what does the guest pay?

Next guest arriving soon?

Scan the flat before check-in and after check-out. Then a claim after a rule breach rests on a comparison.

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