liability for property brought onto the premises by guests, as outlined in § 70117 of BGB, do not apply to establishments that serve only food and drinks and do not provide accommodation. Therefore, the statutory liability applicable to hoteliers (Beherbergungswirte) could not be enforced against a restaurant or bar operator (Schank- und Speisewirt). The court further explained that simply providing a cloakroom constitutes a customary courtesy service rather than an implicit agreement to a deposit contract under § 688 BGB. Offering such facilities mainly benefits the establishment by keeping the premises tidy and allowing staff and guests to move freely. However, this does not imply any assumption of responsibility for safeguarding the customers’ belongings. Even without an explicit notice excluding liability, the court found no reason to believe that the establishment took on a duty of custody or surveillance over items left in the cloakroom. The court also dismissed the argument that a contractual duty of care (Obhutspflicht) had arisen from the relationship. Such a duty would only exist in extraordinary circumstances, such as if staff had expressly instructed guests to deposit coats solely in the cloakroom. In this case, the claimant neither alleged nor proved that any such instructions had been given. By choosing to leave her coat outside her line of sight rather than keeping it with her, she did so at her own risk. The establishment had not assumed any obligation to ensure the coat’s security. Finally, the court addressed the claimant’s assertion that the hotel manager had verbally promised compensation for the loss. This claim was explicitly denied by the defendant, and the claimant failed to produce any evidence to support it. As a result, the alleged promise could not influence the outcome of the proceedings. 17 “Liability of the innkeeper (1) An innkeeper who accommodates strangers commercially must make compensation for the damage incurred by the loss of, destruction of or damage to things brought in by a guest accommodated in the course of operating such a business. (2) The following are deemed to have been brought in: 1. things that during the time when the guest was accommodated were brought into the inn or to a place indicated by the innkeeper or the helpers of the innkeeper or to a place generally intended for this purpose by the innkeeper outside the inn, or otherwise taken into safekeeping outside the inn by the innkeeper or his helpers, 2. things that within a reasonable period of time prior to or after the time when the guest was first accommodated were taken into custody by the innkeeper or his helpers. In the case of an instruction or assumption of custody by helpers of the innkeeper, however, this only applies if they were ordered or must be considered to have been ordered to do this in the circumstances. (3) Liability in damages is not incurred if the loss, destruction or damage is caused by the guest, a person accom�- panying the guest or a person that the guest has taken in, or by the quality of the things or by force majeure. (4) Liability in damages does not extend to vehicles, to things left in a vehicle, or to live animals.”. L
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