Guest smoked despite the ban: what you can claim
Which costs you can recover when a guest smoked in your holiday flat, and what evidence you need.
You can claim the real cost of removing the smoke with an invoice, but a flat penalty rarely holds. That needs a ban that was visible before booking and proof the flat had no signs of smoking before.
What do you need for smoking damage?
The burden of proof is yours. Two things carry the claim: an effective ban and the condition from before.
- 1
Visible ban
The smoking ban is in the listing and the Hausordnung (house rules) before anyone books.
- 2
Condition before
You show the flat had no signs of smoking before the stay.
- 3
Real costs
Claim the actual costs, for example for ozone treatment or upholstery cleaning.
- 4
No flat fee
A fixed penalty clearly higher than the usual damage can be challenged.
- 5
Proof for Airbnb
You must show the guest caused the odour, for example with photos or a professional assessment.
- 6
Mind the deadline
On Airbnb you ask the guest to pay within 14 days of checkout.
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Which rules apply
Under § 280(1) and § 249 BGB you can claim the actual cost of removing the smoke. On Airbnb you must show the guest caused the smoke odour and ask the guest to pay within 14 days of checkout (Airbnb Host Damage Protection Terms).
General information, not legal advice.
Frequently asked questions
The guest denies smoking. Now what?
Then the evidence decides. You must show the flat was odour-free and had no signs of smoking before the stay.
Can I set a fixed smoking fee?
A fixed fee can be challenged in standard terms if it is clearly higher than the usual damage. It is safer to charge the real costs with an invoice.
Can I claim smoking damage through Airbnb or Booking.com?
On Airbnb yes, if you show the guest caused the odour; Airbnb may, at its discretion, require invoices from an independent third party it approves. Not through the Booking.com damage program: non-physical damage such as smoking is excluded there.
Also in this topic: Cleaner reports damage: how does it become evidence?Airbnb guest damage: who pays?How to Prove Short-Let Damage Is NewDamage found later: what can you still do?
Next guest arriving soon?
Scan the flat before check-in and after check-out. That way a claim for smoking rests on a comparison of before and after.
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