Anyone who is a guest in a restaurant does not have to pay any money to use the toilet. The Berlin Court of Appeal has now confirmed this in a recent ruling. A catering and event company charged visitors one euro per use of the toilet at an Oktoberfest event in the capital, or alternatively five euros for a “toilet flat rate”.

Court threatens to impose fines

The court prohibited the company Kochzirkel Berlin GmbH from charging restaurant guests a toilet use fee (file number 5 UKl 15/25). Violations result in fines.

Fees for passers-by are permitted

Things are different if someone is not a guest. Anyone who just goes to a restaurant or bar briefly to use the toilet can be turned away or asked to pay a fee. Restaurateurs can rely on their property rights. Signs such as “No public toilets – guests free” are therefore legally permissible.

Other regulations in train stations and shopping centers

Outside restaurants, toilets may be chargeable. There is no entitlement to free use in train stations, shopping centers or department stores. If fees are clearly posted, operators can charge them.

Highway toilets: Fees are common and permitted

At motorway service stations, travelers usually have to pay to use the toilet. The facilities are mostly run by private operators, often as part of service station operations. A well-known system is that of the company Sanifair, which is used at many rest areas.

It usually costs around one euro to use it, but visitors often receive a voucher for 50 cents that can be redeemed in shops or restaurants in the service area.

Courts have confirmed that there is no right to free toilets at motorway service stations. Operators are therefore allowed to charge fees as long as they are clearly stated. The background is that these are privately operated systems and not a compulsory state service.

Toilet lady: Tip yes – duty no

Many visitors are unsure if there is a bowl of coins next to the sink or if a so-called toilet lady is present. Legally applies: There is no obligation to pay here.

As a rule, no contract is concluded between the toilet staff and the visitor. The cleaner usually works on behalf of the operator. A small contribution – around 50 cents or one euro – is therefore a voluntary tip, not a mandatory fee.