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What are your rights as a customer in a restaurant?

Find out what a restaurant can do with your event!

Civil Law
What are your rights as a customer in a restaurant?

Today we clarify the most common doubts about the rights of customers in restaurants.

Is it legal for a restaurant to charge for a reservation?

Yes. It is a legal practice. Whether or not the restaurant can charge depends only on the reservation policy of the company in question.

If you have made a reservation at a restaurant by providing your data, can they send you offers?

As long as the client provides his express consent, there is no legal problem. In case of not having given this consent, we could talk about a non-legal practice and therefore reportable.

Where and when must the list of allergens on the menu be reported? Can it be claimed at the time of booking?

The regulations stipulate the obligation of any establishment that serves meals to inform in the letter and in the menu of the presence of allergens in the dishes that it offers. The client can request it at the time of making the reservation, because the law requires that they have information about the ingredients of each dish.

Is it legal for a restaurant to penalize you if a diner does not come to a reservation?

Asking the customer for credit card data, so that the establishment can apply a penalty in the event that the reservation is finally canceled, is an increasingly widespread practice. This is not an illegal action, although it must be clarified at the time of making the reservation. Therefore, it is essential to know in advance the cancellation policy used by the restaurant.

Keep in mind that no penalty should be applied in the event that the cancellation by the client is due to force majeure causes beyond their control. Also, there must be a certain reciprocity so that it is not an abusive clause.

Can a restaurant cancel a reservation for any reason?

If there is no justified cause that prevents the establishment from providing the service, an already confirmed reservation cannot be canceled by the restaurant. If this circumstance occurs, we are facing a contractual breach by the premises and compensation may be requested for the damage derived from the cancellation, something especially relevant in cases such as group meals or celebration of events.

Is it mandatory for restaurants to offer tap water?

On April 10, the Law on Waste and Contaminated Soils for a Circular Economy was approved, in which article 18.3 establishes the obligation to offer diners the consumption of unpackaged water (from the tap) free of charge to reduce packaging waste. If the restaurants do not comply with this rule, the claim form can be requested and they could face an administrative sanction.

Can they force us to leave the table if we have already finished eating?

There is no rule governing this matter. It is common for there to be several meal shifts, in order to be able to optimize profits by the establishment. However, it is one thing for the client to be informed in advance of this circumstance and quite another that, if the client does not comply with the established schedule, the establishment may evict him from the premises. The latter would neither be legal nor would the restaurant have the means to make it effective.

If you have any further questions about your rights as a restaurant customer, give us a call.

Civil Law

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