Inventory missing after a stay: what you can recover
Inventory missing after a stay: what you can recover
Guests are liable for items taken or broken. The claim is only enforceable with an inventory list evidencing what was there before.
With missing inventory there is no damage to photograph. The proof consists entirely of the before: what was there, and what no longer is.
German law of obligations, §§ 280, 249 BGBIn 60 seconds
Missing inventory is the one damage type with nothing to photograph. The proof is entirely proof about the before.
An inventory list alone is often not enough, because it can be written at any time. It becomes strong alongside a dated capture of the actual inventory.
The depreciated value governs. A five-year-old pan is not replaced at new price.
Consumables such as coffee, washing-up liquid or toilet paper are excluded and do not belong in the claim.
Small items add up. Six glasses, two towels and a hairdryer quickly reach three figures once the inventory is evidenced.
Legal framework
A party who breaches a contractual duty must compensate the resulting loss. Where an item is lost, its value at the time of loss is compensated, not the new price. The burden of pleading and proving both the inventory and the loss falls on the claimant.
What the proof consists of
| Weak alone | Strong together |
|---|---|
| inventory list with no date | list plus a dated capture of the inventory |
| the cleaner's recollection | capture from the last turnover |
| a lump sum | itemised list at depreciated values |
How to build an inventory list is in Proving damage in a holiday flat; what Airbnb explicitly does not cover is in What Airbnb does not reimburse.
Common mistakes
A list drawn up afterwards evidences no inventory.
The depreciated value of the used items governs.
They are excluded and weaken the remaining items.
What to do next
Keep an inventory list and back it with a dated capture of the actual inventory. Do it with BildProof, about two minutes a room →
Check the inventory against the list at every turnover.
Quantify missing items line by line at depreciated value.
Frequently asked questions
Is my inventory list enough as evidence?
Rarely on its own. A list is a self-made document and can be added to at any time. It becomes persuasive alongside a dated capture that actually shows the inventory. Only the combination evidences what was present at what point.
What can I claim for a broken wine glass?
The depreciated value, meaning the worth of the used glass, not the price of a new one. For small items that is usually uncontroversial once the inventory is evidenced. List items individually; it reads better than a lump sum.
Is a claim worth it for small amounts?
If the inventory is documented, the effort is small and the total is often higher than expected. Without a documented inventory it rarely is, because the claim fails on the evidence question before anyone reaches the amount.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.