Traveller & Short-Stay Agreement (Germany)
A short-stay accommodation contract for travellers in Germany, structured as temporary holiday accommodation (Ferienwohnung / Beherbergungsvertrag) rather than a protected residential tenancy. It covers arrival/departure, occupancy limits, a damage deposit and cancellation, plus the local short-let registration duty.
What's included
- Short-stay / holiday-accommodation framing to avoid security of tenure
- Arrival (check-in) and departure (check-out) times
- Maximum occupancy limit and no-registration-of-residence clause
- Damage deposit and pre-authorisation
- Cancellation and no-show terms
- City tax (Bettensteuer/Kurtaxe) and short-let registration note
- House rules, quiet hours and cleaning
- Signature / booking-confirmation block
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🇩🇪 Local law notes — Germany
Genuine traveller/holiday stays in Germany are accommodation contracts (Ferienwohnung / Beherbergungsvertrag), not residential tenancies, so the guest has no security of tenure and cannot use the address for Anmeldung. Many cities enforce a misappropriation-of-housing ban (Zweckentfremdungsverbot / Zweckentfremdungsgesetz, e.g. Berlin's ZwVbG) requiring a registration number and capping short lets of a primary residence at around 90 days per year. Local accommodation taxes (Bettensteuer/Kurtaxe) may apply, and the statutory deposit cap of § 551 BGB does not govern short-stay damage deposits. If a 'holiday let' is used for long-term living, courts can reclassify it as a protected tenancy.
Inside the document
1. Parties and Accommodation
This short-stay accommodation contract is between the Host [name] and the Guest [name] for temporary holiday occupation of the furnished unit at [address]. It is an accommodation/holiday letting (Beherbergungs-/Ferienwohnungsvertrag) for a transient stay and is not intended to create a residential tenancy or security of tenure.
2. Stay Dates, Arrival and Departure
The stay runs from check-in on [date] from [time] to check-out on [date] by [time]. Late departure without agreement may incur an additional night's charge. Keys/access codes are provided on arrival and returned or deactivated on departure.
3. Nature of Occupation
The Guest occupies the unit for holiday/travel purposes only. Because the stay is short-term and non-residential, the Guest acquires no tenancy rights; the Guest must not use the address for residence registration (Anmeldung) and gains no security of tenure under the BGB.
4. Occupancy Limit
The unit accommodates a maximum of [number] guests. Additional or unregistered occupants are not permitted without the Host's consent and may result in extra charges or termination of the stay.
5. Price, City Tax and Payment
The total price is € [ ] for the stay, plus any applicable local accommodation/city tax (Bettensteuer / Kurtaxe / Übernachtungssteuer) where the municipality levies it. Payment is due [on booking / on arrival].
6. Damage Deposit
A refundable damage deposit / card pre-authorisation of € [ ] may be taken and is released after departure less the cost of any damage beyond normal use, missing items or extraordinary cleaning. This short-stay deposit is not the statutory Kaution and the § 551 BGB cap does not apply to genuine holiday lettings.
7. Cancellation and No-Show
Cancellations are governed by the following schedule: [e.g. free until X days before arrival, then Y% payable]. No-shows are charged in full. The Host may offer rebooking where practicable.
8. House Rules and Conduct
The Guest observes the house rules, statutory quiet hours (Ruhezeiten, generally 22:00–06:00 and Sundays), the smoking/pet policy, and rules of the building community. Parties and events are not permitted unless expressly agreed.
Frequently Asked Questions
Does a traveller short stay create a tenancy in Germany?
No, when it is a genuine holiday/travel stay. Short-term holiday lettings (Ferienwohnung) are treated as accommodation contracts, not residential tenancies, so the guest gains no security of tenure and cannot register the address. If a 'holiday let' is really used as a long-term home, courts may reclassify it as a protected tenancy.
Do I need a permit to rent short-term to travellers?
Often yes, depending on the city. Many municipalities enforce a Zweckentfremdungsverbot requiring a registration number and limiting short lets of a primary home (e.g. 90 days/year in Berlin). Check your local Zweckentfremdungsgesetz and display any required registration number.
Is the damage deposit capped at three months' rent?
No. The § 551 BGB three-month deposit cap applies to residential tenancies, not to genuine holiday accommodation. A short-stay host may take a reasonable refundable damage deposit or card pre-authorisation.