Party damage in a holiday flat: who is liable and for what
Party damage in a holiday flat: who is liable and for what
For an unauthorised party the booking guest is liable for all damage, including that caused by their visitors. You still have to evidence the amount.
Party damage is usually many small items rather than one big one. That is exactly why claims fail: every single item has to be attributable to the stay.
German law of obligations, §§ 280, 278, 249 BGBIn 60 seconds
The booking guest is liable for damage caused by their visitors. You do not have to establish who exactly broke what.
A party ban in the listing and the Hausordnung (house rules) strengthens your position considerably, because the breach evidences the duty violation.
Party damage usually consists of many small items: glasses, stains, a broken chair, burn marks. Each item must be quantified and evidenced separately.
Neighbours' noise complaints evidence the party but say nothing about the amount. Keep the two separate.
Because so many individual items are involved, a complete capture of the starting condition is especially valuable here.
Legal framework
A party who breaches a contractual duty must compensate the resulting loss, and answers for the conduct of people they admit to the property as for their own. What is compensated is the cost of restoration, which the claimant must plead and prove.
Where a claim falls apart
| Weak | Robust |
|---|---|
| a round total | itemised list with individual amounts |
| only the large damage | complete capture after checkout |
| noise complaint as damage evidence | documented inventory from before the stay |
How to evidence missing inventory is in Airbnb guest damage; which evidence Airbnb accepts is in Airbnb evidence rules 2026.
Common mistakes
Party damage is many items. Quantify and evidence each one.
The complaint evidences the party, not the amount.
The small items add up and otherwise get lost.
What to do next
State the party ban clearly in the listing and the Hausordnung. Do it with BildProof, about two minutes a room →
After checkout capture the whole inventory, not just the obvious.
Quantify each item separately and back it with evidence.
Frequently asked questions
Is the guest liable for friends they brought along?
Yes. The booking guest answers for the conduct of people they admit to the flat. You do not have to show which person damaged which object, only that the damage arose during the stay.
Do the neighbours' noise complaints help me?
They evidence that a party took place, which supports the duty breach where a party ban applies. They say nothing about the amount, which you must plead separately with items and evidence.
How do I claim many small losses sensibly?
As a list, item by item, each with an amount and evidence. Six glasses, two stains, one chair reads far better than a round total. That requires knowing the inventory beforehand, otherwise missing items cannot be evidenced.
This page gives general information as at the date shown. It does not replace legal advice on an individual case.