Two rulings by the Hamburg Regional Court regarding the winter storage of sailing yachts help clarify the distinction between storage and lease agreements and address the validity of broad liability exclusions in storage agreements. The decisions concern operators of boat storage facilities, insurers, and storage clients; however, their underlying principles are relevant to all storage providers and shippers who make space or warehouses available for the storage of goods.
In the decisions dated September 19, 2024 (332 O 62/23) and August 8, 2025 (417 HKO 47/2), the cases each involved yachts that were stored in an open-air storage area on the winter storage facility’s own storage blocks when a storm (“Zeynep”) caused several vessels to capsize and resulted in significant damage. The yachts had been stored pursuant to a standard-form contract titled “Rental Agreement for a Winter Storage Space” and the winter storage regulations; the respective hull insurers sought recourse against the storage operator based on subrogated rights.
Facts of the case
In both cases, the defendant independently craned the yachts onto its own storage blocks and assigned the storage spaces on its outdoor grounds itself; the depositor had no right to a specific area. The contract documents contained provisions stating that the rental took place “without any obligation on the part of the lessor to care for the storage of the vessel,” that the “storage risk” was borne by the lessee, and that “no duty of care” existed; at the same time, the terms “winter storage,” “boat storage site,” and “storers” were used. In both decisions, the Hamburg Regional Court classified the contracts as storage contracts within the meaning of §§ 467 et seq. HGB and affirmed the operators’ liability as storage keepers under § 475 HGB.
Legal classification
For the Regional Court, what matters is not the label “lease agreement” but the actual division of roles: Under a storage agreement, the storage provider is obligated not only to provide space but also to ensure proper storage and to assume a duty of care for the goods. In contrast, a typical lease agreement involves a specifically designated storage area where the tenant stores the goods on his own responsibility; here, however, the storage operator selected the location, the racks, and the security measures, conducted inspection rounds, and reserved the right to issue instructions and exercise control over the premises.
Section 475 of the German Commercial Code (HGB) is applied as liability for presumed fault: The depositor (or insurer) need only prove that the goods were delivered in undamaged condition and returned in damaged condition; the warehouse operator must demonstrate and prove that the damage was unavoidable even with the care expected of a prudent businessman. The broad liability exemptions contained in the contracts (“no storage risk,” liability only in cases of gross negligence, force majeure, exclusion of duties of care) are deemed invalid by the Regional Court due to lack of transparency and unreasonable disadvantage under Sections 305c, 307, and 309(7) of the German Civil Code (BGB).
The court specifically emphasizes that the warehouse operator cannot invoke a “storm” as a force majeure event if the warehouse clearly does not provide adequate wind protection and the operator fails to take additional safety measures (relocating, securing, or erecting windbreaks).
Practical Note / Recommended Action
- Operators of winter and open-air storage facilities should review their contracts and storage regulations to determine whether they are, in fact, assuming custodial responsibility (selection of storage location and racks, security measures, inspection rounds). In this case, standard warehouse contract law applies; liability clauses must comply with § 475 of the German Commercial Code (HGB) and the requirements for general terms and conditions (§§ 305 et seq. of the German Civil Code (BGB)).
- When drafting warehousing contracts, shippers and warehouse customers should ensure that duties of care are clearly assigned and that liability limitations are formulated in a transparent and effective manner; broad releases that negate the warehouse operator’s actual duty of care are vulnerable to challenge.
- Carriers and logistics providers that offer storage space should actively incorporate storm and weather risks into their safety plans (site selection, security measures, emergency plans), as the inability to determine the cause of damage and blanket references to “the weather” are insufficient.
If you have any questions, please feel free to contact the author, Dr. Jan Hermeling, and the Transport & Logistics Expert Team.