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A postponed long-distance trip, an extensive visit to a restaurant - it is things like this that many citizens look longingly at.

However, some of these options may be open to them earlier than others: those who have been vaccinated against corona.

Most recently, however, a 55 percent majority of the population has rejected such early easing of restrictions on immunized persons.

This was the result of a representative survey by the credit agency Schufa. The respondents are likely to see an unequal treatment, after all, not all of them get the opportunity to vaccinate at the same time.

The motto: equal conditions for everyone.

The business world is far from being based on this principle.

Again and again there are sometimes strange inequalities of treatment.

And often quite legally.

In principle, the following applies: the entrepreneur decides with whom he wants to conclude a contract - and with whom not.

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He can also make use of his domiciliary rights.

At least as long as it does not disadvantage consumers for reasons of ethnic origin, gender or religion, but also for reasons of disability, age or sexual identity.

In these cases, quite a few consumers had to stand in front of the door.

Heavy people not welcome

Anyone who has a few pounds too much is not welcome at this hotel.

The Beachhotel Sahlenburg on the North Sea beach in Lower Saxony apparently does not want any overweight people in its rooms, so it made headlines last summer.

The idiosyncratic house rule is made clear to potential guests before they book online.

The operators on the website point out that “the interior of the Beachhotel Sahlenburg is not suitable for people weighing more than 130 kilograms.” For reasons of liability, as they say.

Because the three-star hotel sees itself as a designer hotel with lots of exclusive furniture: chairs with thin wooden legs, narrow armchairs.

And they are apparently only designed for average people.

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What sounds like discrimination is, from the point of view of the lawyer Christian Solmecke, partner of the law firm Wilde Beuger Solmecke, at least legally in principle okay.

The General Equal Treatment Act (AGG) does not list the weight as one of the characteristics, which is why people must not be disadvantaged in civil law dealings.

“Protection against discrimination only exists if a person is so overweight that one can speak of a disability,” explains Solmecke.

Only then would discrimination be prohibited under the AGG.

Children forbidden

Body weight is not the only reason why vacationers are denied the beautiful room with a beach view.

So-called "adults only" hotels are also becoming more popular.

These only accommodate adults or guests aged 16 and over - children are not allowed in here.

Hoteliers advertise with undisturbed togetherness without annoying children screaming.

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And that is usually legal, ruled last year by the Federal Court of Justice (BGH).

In the specific case, a family of five had sued a wellness hotel that refused children and young people as guests.

The judges decided that those affected would be disadvantaged because of their age.

There is, however, a factual reason for the different treatment.

Because the defendant hotel is "geared towards those services in which rest and relaxation do not just play a subordinate role".

Nevertheless, the hotel operators' approach has met with criticism, especially from family politicians.

Last summer, the deputy chairman of the social wing of the Union, Alexander Krauss, called the adult hotels "anti-social" in an interview.

The CDU politician called for a ban because such offers discriminated against children.

Party for boys only

Nils Kratzer also feels discriminated against because of his age.

The 47-year-old is suing an organizer for denying him access to a festival.

The reason: Kratzer looked too old, the event was aimed at young people in their twenties.

The Federal Court of Justice is currently negotiating his case.

That festival evening in Munich, at which more than 30 artists played electronic music, was almost four years ago.

The number of participants in the event was limited: a maximum of 1500 people were allowed onto the festival site.

There was also no advance ticket sales before; instead, tickets could only be bought after the admission control.

But Kratzer and his two companions, who were 36 and 46 years old at the time, never made it to the sales counter.

Is that age discrimination or not?

The BGH will only decide on this in May.

Kratzer apparently left no stone unturned to convince the judges of his youthfulness.

As proof, he offered his then younger partner as a witness before the local court.

However, all of the lower courts saw no discrimination in his case.

The prohibition of discrimination is limited to mass business, such as retail, local public transport, in cinemas or swimming pools.

There the personal selection of the contractual partners is of secondary importance.

However, the event in summer 2017 was not intended for a general audience, but only for young people between the ages of 18 and 28 years.

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This is also available elsewhere - namely at the well-known over-30 or over-40 parties, which link access to a lower age limit.

Legal experts usually do not see this as a problem.

After all, an over-30 party is usually only attractive to guests because their own age group is represented.

And that would give organizers an objective reason.

Access only with the app

If you wanted to spend the night at Enno Saathoff's campsite in Krummhörn, Lower Saxony, in the summer, you had to have the federal government's corona warning app installed on your smartphone.

The operator wanted to ensure that his guests take the risk of infection seriously.

But the requirement was controversial.

Even before the app was launched, the Federal Association of Consumer Organizations insisted that the app must remain voluntary - also out of consideration for those who do not have the technical capabilities on their own.

However, as the lockdown progresses, the idea of ​​access only with an app comes back to life - and could even prevail across the board.

Some cities are now rushing ahead: Chemnitz, for example, announced on Thursday that it wanted to test digital opening strategies.

The goal: to open shops and events soon.

The Saxon city wants to try out various apps in which users can then save negative test results.

By presenting the app, consumers could then gain access to facilities or events.

"The desire for openings and a way back to a normal life is very understandable," says Mayor Sven Schulze.

These systems should support you in this.

Schulze would like many citizens to accompany him on this path.

In the end, they shouldn't have a choice anyway, should it be the companies that link access to services to an app.

"Even if hoteliers, restaurant owners or event organizers should determine in future that access to their services is linked to the use of a smartphone app, this behavior is covered by their private autonomy," says Solmecke.

Before discussing the powers under private law, the first question is whether the state may introduce such special rights.

"If hotels, restaurants and retail outlets can reopen after the ongoing shutdown, most of them will again have to rely on sufficient secure income," says Solmecke.

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“Many will hardly be willing to limit their number of visitors on their own initiative.” There would then have to be statutory regulations on the special rights.

However, these should not violate the general principle of equality from Article 3 paragraph 1 of the Basic Law, emphasizes Solmecke.

Exchange of plates in the starred restaurant

A myth persists among fans of star gastronomy: innocent restaurant visitors indulge themselves in the expensive menu of a professional - and here and there try something from their table partner's plate.

If you believe numerous online reviews, this is a reason for an indirect house ban.

In any case, guests who violated this supposed etiquette would have received a subtle hint on the bill that they should refrain from visiting in the future, it is said.

Such a procedure would be allowed.

"Restaurant owners are free to decide with whom they conclude contracts for their services and under what conditions," says Solmecke.

So restaurant-goers could be kicked out of the store for bad manners.

Does this also include tasting from your partner's plate?

Prominent chefs have been defending themselves against such allegations for years.

The well-known TV chefs Johann Lafer and Alfons Schuhbeck have even offered a reward for those who submit such a “Never honor us again” bill.

It is said that they still have their money today.

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