Everything you need to know about discrimination in restaurants and entertainment venues and your right to service

Everything you need to know about discrimination in restaurants and leisure venues – and your right to service in Germany

Going to a restaurant, café or event hall is supposed to be an enjoyable experience, free from exclusion and discrimination. However, some people in Germany face refusal of service or unfair treatment in such places – sometimes because of their origin, skin colour, religion or outward appearance. This makes it all the more important to know your legal rights and how to react if you experience discrimination.

What is your right to service?

Providing services in publicly accessible places such as restaurants, cafés and theatres is considered a basic public service and falls under German law within the framework of private autonomy and freedom of contract. Businesses are generally free to offer their services to the public.

At the same time, this freedom is limited by the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG) where decisions are based on discriminatory reasons such as:

ethnic or racial origin

skin colour or language

religion or belief

disability

sex or gender identity

Examples of discrimination in restaurants and leisure venues

Refusing to admit or serve a guest because they wear a headscarf or traditional dress

Demanding extra payment or imposing stricter conditions based on nationality

Intentionally slow service or humiliating treatment of certain guests

Refusing entry to nightclubs because of appearance or presumed origin

Legal framework: General Equal Treatment Act (AGG)

The AGG applies in particular to mass civil transactions (Massengeschäfte), that is, legal relationships which are typically offered to a large number of people in the same way, such as:

Services provided in restaurants and cafés

Admission to public events and parties

Use of public leisure and entertainment facilities

If it can be shown that the unequal treatment is based on one of the prohibited grounds listed in the AGG, the person affected can claim compensation.

Can you claim compensation?

Yes. In particular, you may:

Claim material damages (Schadensersatz) for direct financial loss (e.g. tickets already paid for, travel expenses if admission was refused)

Claim non-material compensation (Entschädigung) for humiliation, violation of dignity or psychological distress

Important:
Claims based on the AGG usually have to be asserted within two months of the incident. You should notify the operator of the venue in writing.

How to react if you experience discrimination
1. Document the incident

Keep the bill, receipt or entrance ticket

Write down all details: date, time, place and, where possible, the names of staff involved

Collect witness statements and, if possible, contact details of people who saw what happened

If lawful and feasible, gather further evidence such as written notes or photos

2. Speak directly to the management

In some cases, a misunderstanding can be cleared up through a direct conversation with the manager or person in charge

Stay calm and factual; explain why you perceive the behaviour as discriminatory and ask for clarification

3. File a formal complaint

Send a written complaint to the owner or operator

Contact the Federal Anti-Discrimination Agency (Antidiskriminierungsstelle des Bundes) for free advice and support in deciding the next steps

4. Seek legal advice

If no satisfactory solution is reached, you can consult a lawyer specialising in anti-discrimination, civil or hospitality law

They can help you enforce your claims for damages and compensation

Practical tips to avoid or better handle conflicts

Write down all relevant details immediately after the incident, while your memory is still fresh

Avoid physical confrontation or loud arguments – focus instead on collecting evidence and documenting events

If the experience affects you emotionally, do not hesitate to seek psychological or counselling support

The role of civil society

Consumer protection organisations such as the Verbraucherzentrale and various human rights and anti-racism initiatives provide legal and practical support

Awareness-raising programmes in many cities promote a culture of diversity and inclusion and help victims of discrimination to know and assert their rights

Conclusion

Experiencing discrimination in restaurants and leisure venues is not just an embarrassing or unpleasant situation – it is a clear violation of your rights. German law clearly protects you and grants you the right to equal access to services and equal treatment.

If you encounter such situations, remember: you are not alone – there are laws, institutions and a growing public awareness standing by your side.

Key German terms

Allgemeines Gleichbehandlungsgesetz (AGG): General Equal Treatment Act protecting against discrimination in employment and civil mass transactions

Schadensersatz: financial compensation for material damages

Entschädigung: compensation for non-material damages (e.g. emotional distress, humiliation)

Antidiskriminierungsstelle des Bundes: Federal Anti-Discrimination Agency

Massengeschäft: civil transaction typically offered to large numbers of people on the same terms (e.g. restaurant visits, ticket sales)

The editorial team of this website strives to provide reliable information based on thorough research and multiple sources. Nevertheless, errors may occur or some details may not yet be fully verified. Please regard the content of this article as an initial, non-binding guide and always contact the competent authorities or qualified experts for binding, case-specific advice.