Under the general terms and conditions of dry cleaning companies, customers whose valuable garments were damaged during cleaning were only entitled to compensation based on the current market value. In its judgment of 4 July 2013, the BGH has now ruled that the provision concerning the limitation of liability is invalid. This clause, used by dry cleaning companies, stipulates that the cleaners are liable without limitation up to the current market value for the loss of garments. In the case of damage, liability is limited to intent and gross negligence; in cases of slight negligence, it is capped at 15 times the cleaning charges.
In the view of the BGH, this liability capped at 15 times the cleaning price constitutes an unreasonable disadvantage to customers contrary to the principle of good faith. The cleaning price is not a suitable benchmark, as it bears no relation whatsoever to the actual amount of damage. Compensation must therefore be based on the replacement value and not on the current market value.
Frequently asked questions
Frequently asked questions
How are dry cleaners liable for damaged garments under BGH case law?
According to the BGH ruling of 04.07.2013, the limitation of liability commonly used in standard terms and conditions to 15 times the cleaning price in cases of slight negligence is invalid. Dry cleaners must compensate the full damage in case of damage, as the cleaning price bears no relation to the actual amount of damage.
Replacement value or current value: What are customers entitled to for damage caused by cleaning?
The BGH has clarified that compensation for damage caused by cleaning must be based on the replacement value, not the current (depreciated) value. This ensures the customer is placed in a position to acquire an equivalent garment.
Why are general terms and conditions limiting liability to 15 times the cleaning price invalid?
The BGH considers such a clause an unreasonable disadvantage to customers, contrary to good faith (§ 307 BGB). The cleaning price is not an appropriate measure for the potential damage to a garment and does not adequately protect the customer.
What liability rules previously applied in the terms and conditions of dry cleaners?
Previously, the terms and conditions stipulated that dry cleaners were liable without limit for the loss of clothing, up to its current market value. For damage, liability was limited to intent and gross negligence; in cases of slight negligence, it was capped at 15 times the cleaning charge.