Accommodation; Registration

Under Article 45(1)(a) of the Schengen Implementation Agreement, the signatory states have undertaken to ensure that the management of an accommodation establishment or their authorised representatives take steps to ensure that foreign nationals staying there, including nationals of other Contracting Parties and other Member States of the European Community, complete and sign registration forms in their own hand and, in doing so, prove their identity to the manager of the accommodation establishment or their representative by presenting a valid identity document.

Where foreign nationals are accommodated in a lodging establishment – that is, a facility providing accommodation to persons on a commercial or business basis – they must sign a special registration form on the day of arrival. In the case of tour groups of more than ten people, including (among others) foreign nationals, this obligation applies only to the tour leader; they must state the number of foreign travellers in the group, specifying their nationality.

Alternatively, with the consent of the foreign national being accommodated, this obligation may also be fulfilled by collecting the required data electronically and having the foreign national confirm its accuracy and completeness on the day of arrival by carrying out a specific card-based payment transaction that allows for authentication, or by presenting an electronic proof of identity (eID card or electronic residence permit with eID function), or by reading the data from the eID card or electronic residence permit on the spot for the purpose of transferring form data without a change of medium.

The special registration forms contain the following details:

• Date of arrival and estimated date of departure,
• Surnames,
• First names,
• Date of birth,
• Nationalities,
• Address,
• Serial number(s) of the recognised and valid passport or passport substitute for foreign nationals,
• Number of foreign fellow travellers in the case of accompanying family members/travel groups,
• Nationalities of foreign fellow travellers in tour groups.

If the electronic procedure is used in conjunction with a specific payment transaction, the purpose-specific reference number of the payment method used must also be stored.

Accompanying foreign spouses, civil partners and minor children should be listed on the registration form by number only.

Foreign nationals staying at the accommodation (but not accompanying persons) must, upon check-in, provide proof of identity to the management of the accommodation or their representatives by presenting a valid identity document (a recognised and valid passport or passport substitute).

The special registration form is not required for residential facilities used for youth and adult education, vocational training or further training, company or club accommodation, provided that only company or club members and their family members are accommodated there; youth hostels and mountain huts; facilities operated by public or publicly recognised youth work organisations that are occupied on a temporary basis; and facilities run by religious organisations governed by public law.

If a stay in accommodation exceeds six months, all persons staying there (including German nationals) are subject to the general registration requirement and must register with the registration authority within two weeks. If they are not registered as living at a residential address within Germany and their stay exceeds three months, the persons concerned must register with the registration authority within two weeks as soon as their stay exceeds three months.

Anyone staying overnight in tents, motorhomes, caravans or watercraft on sites provided for commercial or business purposes is not subject to the general registration requirement, provided they are already registered in Germany. If a person is not registered at another address in Germany, they must register with the registration authority within two weeks as soon as their stay exceeds three months.

The general obligation to report applies regardless of whether a specific reporting form was required or not.

 

Obligations for the management of accommodation establishments:

The managers of accommodation establishments or their authorised representatives must have the special registration forms to hand and ensure that the persons concerned fulfil their obligation to sign the special registration form. They may also provide technical facilities for the electronic fulfilment of the registration obligation. Foreign guests must present a valid identity document. The details provided on the registration form must be checked against those on the identity document. If any discrepancies are found, this must be noted on the registration form. If foreign guests staying at the accommodation do not present any identity document, or do not present a valid one, this must be noted on the registration form.

Where necessary for the purposes of levying the tourist levy, spa levy or visitor’s tax, the managers of accommodation establishments or their authorised representatives must enter the date of actual departure on the registration form. This also applies to accompanying spouses and partners.

The completed registration form or the data collected electronically must be retained by the management of the accommodation establishment or their authorised representative for a period of one year from the date of the guest’s arrival, kept available for inspection by the registration authorities and other authorities specified by law, and produced to them on request; they must be protected against unauthorised access and destroyed within three months of the expiry of the retention period.