As the finder, you are entitled to various rights under the German Civil Code. You can waive these rights in full or in part. Please ensure that you assert or refuse your rights in writing on the lost property report.
Finder's fee:
As the finder, you are entitled to a legal finder's fee in accordance with § 971 BGB, which is to be paid to you by the loser. The finder's fee is based on the value of the lost property.
The finder's fee claim is to be clarified independently on a private law basis between the finder and the loser. The lost and found office has neither a right nor an obligation to cooperate.
up to and including 500.00 euros: 5 percent
more than 500.00 euros: 5 percent of 500 + 3 percent of the added value
for found animals: 3 percent
Example:
Lost property value 1,300.00 euros
5 percent of 500.00 euros = 25.00 euros
3 percent of 800.00 euros = 24.00 euros
Result: 49.00 euros statutory finder's fee
Special provisions apply to lost property from public authorities or means of transportation, for example ESWE-Verkehr buses, Deutsche Bahn AG trains, authorities, institutions, public administration buildings, etc.
Here, a claim to a finder's fee only exists if the value of the lost property exceeds 50.00 euros (§ 978 BGB). In these special cases, only half of the regular finder's fee is charged.
Acquisition of ownership of the lost property:
If the lost property is not collected by the loser, you as the finder can acquire ownership of the item after six months in accordance with § 973, 974 BGB. If you have asserted your claim to ownership when handing in the lost property, you will automatically be notified by the lost and found office. An administration fee may be charged for safekeeping at the lost and found office.
Special regulations also apply to lost property from public authorities or means of transportation. A claim to ownership of the lost property is excluded. Sections 973, 974 BGB do not apply.
Special property rights for smartphones, tablets etc.:
Smartphones, tablets and generally technical devices with internal memory are increasingly equipped with an extended theft lock. In detail, this means that the loser locks the lost device with an account lock, which makes it impossible to delete and reset to factory settings in accordance with data protection regulations. Removing the lock is not legally compliant.
In these cases, the guarantee of data protection interests of the loser, which are constitutionally guaranteed in the fundamental right to informational self-determination, outweighs the finder's claim for return. The return of the lost property is therefore legally prevented and cannot take place.
Reimbursement of expenses:
You can claim your costs for, for example, the accommodation of a found animal in an animal shelter, veterinary treatment costs or maintenance costs from the loser. The reimbursement of expenses will be examined on a case-by-case basis and must be in reasonable proportion to the lost property. Please submit the relevant receipts when you hand in the lost property.