Important law cases for gastronomes: part 2

Read the first part of the series here. And remember that most of those law cases stem from Germany and might not be compulsory for your country.

Right to amendments

A poorly made meal does not have to be accepted by the guest. If the soup is oversalted, the potatoes are overdone or the steak is cold, it can be returned. In those cases the gastronome has a right, too, which is the right to make amendments. If there is something wrong with the meal, one should complain immediately. This way the cook was the possibility to correct mistakes and is able to serve the guest a delicious meal, after all. Those who eat the whole meal and complain afterwards do not have a right to a reduction of the price. This is different for questions of taste: If one feels the whine is too sour or the soup doesn't appeal to them, they still have to pay the full price.

Having an upset stomach after the meal

On one day enjoying the food, on the next day not even being able to leave the bathroom. Theoretically guests have a right to compensation if they were served spoiled food. In reality, the compensation is hard to get since the guest has the burden of proof and has to prove without any doubt that they upset their stomach at that specific restaurant. It becomes easier when several guests suffer from the same problem.

Reservation commits

Ordering a table and then it's not available. That is, of course, not acceptable. If after about 15 minutes, there is still no free table, the guest has a right to compensation. In legal terms, the reservation is the beginning of a contract the guest and the restaurant enter. If the service did not happen (as it is in this case), the restaurant has to pay for commuting expenses of the guest. The guest, however, takes on a responsibility, too, when placing a reservation. If a guest does not show up, the gastronome has a right to compensation. Although the gastronome has to prove that damage was done to the restaurant, for example that they had to sent away other guests or had planned for more service staff than was needed. One way to best handle your reservations is by using an online reservations software such as our CentralPlanner. You will see how easy it gets to handle reservations via telephone as well as via your website.

The last one pays?

The guest is the last one in the restaurant after all the friends have left, but there are unpaid sums on the bill. Despite that, the last guest does not have to pay for them. The gastronome has to prove which guest consumed what. If they are unable to do that, they get stuck with the expenses. A beer coaster, for example, is legit evidence at court.

Disturbing other guests

If a group of guests disturbs others by their behavior, the gastronome is forced to ask them to change it. If their behavior does not change, the disturbed guests are free to leave the restaurant. Should one of them have finished dining, they are to pay for their meal.

Burning one's mouth – Compensation?

If a guest bites on something hard and breaks off a tooth, that does not necessarily mean they have a right to a compensation. The guest has to prove that the restaurant is at fault for the accident. Those who burns themselves on hot food, do not have a right to compensation, in general. Guests have to anticipate that food will be served hot. If a plate is especially hot, the service staff should point it out to the guest.

This dish is unfortunately out of stock

What is on the menu is a not binding offer. The order only has to be fulfilled, if the food and drinks are available. If, for example, the fresh oyster on the menu is sold out, the guest has to accept that.