Special rules for vaccinated people in concerts and restaurants? That's what legal experts say

What am I allowed to do where? How many people can I meet and what time do I have to be home? There is already great confusion about the existing corona measures. The chaos could continue in the future if certain special rules for vaccinated people are added. Visits to restaurants and the cinema, concerts, hotel stays, taxi rides, flights and package tours – could this soon only be possible with a vaccination pass?

The German Ethics Council continues to reject this. However, the first steps in this direction have already been made: The ticket portal Eventim has adapted its systems in such a way that they can read a vaccination card if organizers request proof of a Covid-19 vaccination. "If there is enough vaccine and everyone can be vaccinated, then private-sector organizers should also have the option of having a vaccination as a requirement for access to events," said Eventim boss Klaus-Peter Schulenberg in an interview with "Brisant".

In the ARD interview on February 2, Chancellor Angela Merkel rejected special rules for vaccinated people. At the same time, however, she gave in that if not enough people want to be vaccinated, one must consider whether non-vaccinated people should be denied certain offers according to the motto: "OK, if you don't want that, you may not be able to do certain things".

Are special rules for vaccinated people legally allowed?

FOCUS Online spoke with two legal experts about how realistic the introduction of special rules for vaccinated people is – and what non-vaccinated people could do about it. The Berlin lawyer Roosbeh Karimi considers it "very, very likely" that such special rules will come into force sooner or later – for example, air travel will only be available for vaccinated passengers. He even assumes that they could apply even before all those willing to vaccinate had the opportunity to get the vaccine.

The Frankfurt lawyer Benjamin Onnis, however, does not believe that there will be special rules for vaccinated people. "I wouldn't worry," he says. Onnis expects a corona vaccination as a counterpart to the measles vaccination, which has been in place in schools and kindergartens since last year, at the earliest in a few years.

Are there any special rules for vaccinated people? Three scenarios

1. National regulation

The federal government can introduce special rules by law. For example, it can decide that hotels can only accommodate vaccinated guests. Hoteliers should then not oppose this order. The same could apply to air travel and concerts as well as to travel by public transport such as buses and trains.

How likely is this scenario?

"German law has only known such regulations since 2019 because of the measles vaccination obligation," says Benjamin Onnis in an interview with FOCUS Online. "So you can't completely rule out the possibility that they will come." At this point in time, however, it is "absolutely inappropriate" to favor people who have been vaccinated, as many have not yet been able to get a vaccine.

"If such a regulation were to be passed now, it would be illegal. Because not everyone had the chance to be vaccinated. You would then be disadvantaged through no fault of your own." Special rules would only be legally tenable if everyone had access to a vaccination, in about one or two years, says Onnis.

2. Private law regulation

Without a corresponding law, it is up to each private company to decide with whom to conclude a contract – which guests a hotel receives or which passengers an airline transports. Provided: no customer may be discriminated against. The basis for this is the General Equal Treatment Act. It says: Nobody may be disadvantaged because of their origin, religion, ideology, age or disability. However, a person's vaccination status is not legally recorded. If, for example, an airline refuses to transport a person who has not been vaccinated, this does not count as discrimination.

How likely is this scenario?

There are already examples of such a regulation under private law: On the one hand, the Eventim ticket platform will enable concert organizers to request a vaccination certificate before selling a ticket. In addition, the Australian airline Qantas has announced that it will soon only take vaccinated passengers on its long-haul flights – and that without a decree from the Australian Parliament.

Lawyer Roosbeh Karimi can imagine that other airlines will follow suit: "In the same way, TUI or Lufthansa could say in Germany: We only conclude contracts with people who have a vaccination certificate."

However, expert Benjamin Onnis doubts that private companies would enact such special rules without pressure from the government: "As a rule, companies want as many customers as possible. If they exclude non-vaccinated people, they make less sales. Whoever gives a concert only for vaccinated people, earns less money. "

3. National regulation in other countries

Should both the federal government and German private companies decide against special rules for vaccinated people, it could nonetheless be that other countries adopt such rules – which German travelers would then have to adhere to.

How likely is this scenario?

Corresponding regulations already apply to other diseases: For example, anyone wishing to travel to Uganda must be able to show a yellow fever vaccination. Karimi suspects: "I think it is very likely that there will be a compulsory corona vaccination, for example when traveling to Australia and New Zealand. As a traveler, I cannot do anything about that except not to go there."

Onnis also emphasizes: Travelers are obliged to find out about the entry requirements of the respective holiday country. If a certain vaccination is required there, but the traveler cannot show it, entry may be refused – and he will be left with his travel expenses.

No vaccination yet? What to do about special rules

There are several reasons why people who want to be vaccinated have not yet received a dose – be it due to pregnancy or because the vaccine is scarce and therefore it was far from everyone's turn. Would holidaymakers then still be able to travel with a corresponding certificate showing their place on the waiting list, even if the airline has decided to only carry vaccinated passengers? Lawyer Karimi thinks this is unlikely. "There is nothing you can do in terms of private law. If Lufthansa only allows bookings from vaccinated people from tomorrow onwards, that will be effective for the time being."

Benjamin Onnis sees a loophole, however. If, for example, an organizer independently enacts the rule that only vaccinated people are allowed to attend a concert, there could be an "inappropriate disadvantage" for those who want to be vaccinated but have not yet been given an appointment. In that case you have to check the terms and conditions.

What possible special rules for travel in 2021 mean

By the way, a regulation under private law cannot be enforced retrospectively, emphasizes Karimi: "If I have already booked my trip for the summer and TUI or Lufthansa decide to only take vaccinated people with them, I can continue to use the services I have booked . " If national regulations come into force in the destination country that prevent entry, travelers should at least be able to make use of an extraordinary right of termination, explains the expert.

He also recommends booking a package tour at the moment, i.e. flight, hotel and rental car as a combination package. Tour operators are then obliged to inform their customers about the respective entry requirements of the holiday country and to keep them up to date. Even in the event of an impending bankruptcy of the airline, for example, it would then be easier to get back payments already made.