Party damage in a holiday flat: who is liable for what
What you can claim after an unauthorised party and how to itemise many small losses.
The booking guest is liable for all damage, including their visitors'. List each item on its own with an amount and proof, and show how the flat looked before.
What counts after a party?
Liability is rarely the hard part; the claim is. Party damage is many small items.
- 1
The booker is liable
The booking guest answers for the people they let into the flat.
- 2
No culprit needed
You do not have to show who broke what.
- 3
Party ban
A ban in the listing and the Hausordnung (house rules) makes your case stronger.
- 4
Item by item
A list with an amount and proof convinces more than a round total.
- 5
Condition before
Without photos from before the stay, you cannot prove each item on its own.
- 6
Mind the deadline
On Airbnb you ask the guest to pay within 14 days of checkout.
Already have damage?
Guest damaged something?
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Which rules apply
Under § 280(1) BGB the guest owes damages for their breach of duty, and under § 278 BGB they answer for their visitors as for themselves. On Airbnb you must ask the guest to pay within 14 days of checkout (Airbnb Host Damage Protection Terms).
General information, not legal advice.
Frequently asked questions
Is the guest liable for friends they brought along?
Yes, the booking guest answers for the people they let into the flat. You only have to show that the damage happened during the stay.
How do I claim many small losses sensibly?
As a list, item by item, each with an amount and proof. For that you need to know how the flat looked before.
By when must I report party damage?
On Airbnb you ask the guest to pay within 14 days of checkout; if they do not pay, you file the payment request with Airbnb within 30 days of checkout. On Booking.com, under the damage program, you submit the payment request in the Extranet within 14 days of checkout.
Also in this topic: Guest smoked despite the ban: what can you claim?Cleaner reports damage: how does it become evidence?How to Prove Short-Let Damage Is New
Next guest arriving soon?
Scan the flat before check-in and after check-out. That way a claim after a party rests on a comparison of before and after, item by item.
See BildProof for hosts