The customer is not always king: before making a complaint to the restaurant, it is better to know his rights.
We interviewed Émilie Bono, director of the economic, legal and tax department of the National Group of Independent Hotel & Restaurant Operators (GNI) and Chrystel Diloy, lawyer at the Toulouse Bar, doctor of law.
Can I be charged for a carafe of water?
No.
“The
restaurateur has the obligation to provide its customers with water
and bread to accompany the dishes served.
These services should not give rise to specific invoicing,
explains Émilie Bono
.
Their cost can nevertheless be included in the sale price.
The possibility for consumers to request free drinking water must also be clearly indicated on their card or on a display space.
Can a restaurant refuse a single customer?
No.
“We cannot prevent you from entering a restaurant because you come to
eat alone
and you occupy a table intended for 2 or 4 people.
There must be a legitimate reason, appreciated by the judges, to justify a restaurant owner's refusal to make a sale or to perform a service.
This is the case, for example, when a client behaves in a way that can disturb the order and tranquility of the place
,” recalls lawyer Chrystel Diloy.
Read alsoIn what circumstances does a restaurateur have the right to refuse to serve customers?
Displaying the origin of the meat, is it mandatory?
Yes.
Since the mad cow crisis, the mention of the country of origin is mandatory for dishes containing beef.
Since March 1, 2022, this also applies to pig, sheep and poultry meat.
“This obligation only concerns meat purchased raw, fresh or frozen and cooked by the restaurateur, not those already prepared”
, specifies Chrystel Diloy.
The waiter soiled my bag: do I have to be reimbursed for the cleaning?
Yes.
The restaurateur is liable for damage caused by his fault or that of his employee(s) (art. 1242, al. 5 of the Civil Code).
“He can nevertheless condition his reimbursement on the presentation of an invoice”
, underlines Émilie Bono.
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In the event of theft of clothing, is the restaurant required to compensate me?
Yes and no.
“In principle, he must compensate you for the theft of your clothing in the restaurant.
But it weighs on him only an obligation of means, contrary to the hotelier.
To hope to be compensated, you will therefore have to prove the fault of the restaurateur”
, warns master Chrystel Diloy.
It will have to be established that he was imprudent or negligent, that he did not do everything possible to prevent thefts in the establishment.
Moreover, if it is indicated in the room – on a sign, for example – that the house does not agree to be the depositary of the clothes hung on the coat racks, the operator is not bound by an obligation of custody and does not have to compensate you in the event of theft (cass. civ. 1re, 1.3.88, n° 86-15.563).
Read alsoPortrait of the Parisian café waiter
Is the restaurateur obliged to replace a dish that I don't like?
No.
“He is not obliged to do so and is also not supposed to give you a reduction or take the bill at his expense
,” assures Chrystel Diloy.
The taste and/or gastronomic qualities of a dish involve an element of subjectivity.
On the other hand, a food should not jeopardize your health.
The restaurateur is indeed bound by a security obligation (art. L 421-3 of the Consumer Code).
In addition, if the specialty served does not conform to that designated on the menu, you have the right to demand that we bring you what is noted on the menu or that we compensate you.
“Such a situation may constitute deception, according to article L 441-1 of the consumer code
,” adds Chrystel Diloy.
Should the prices be displayed outside?
Yes.
They must be presented, all taxes included, outside the establishment in a visible and legible manner throughout the duration of the service, and necessarily from 11.30 a.m. for the midday meal and 6 p.m. for the evening meal.
If menus are only offered at certain times, this must be specified.
Read alsoTipping, water, cutlery: a quick summary of the restaurant abroad
“A card listing the prices of 5 wines
must also be displayed outside
, or the prices of the wines if there are less than 5. If the restaurateur does not have wine, he must communicate the prices of the 5 drinks. the most commonly served”
, explains Émilie Bono.
Menus or cards identical to those placed outside must be made available to customers inside the restaurant.
Customers who want it can ask for a doggy bag to take back what they haven't eaten on the spot.
JackF / stock.adobe.com
Can the restaurant ask me for an advance in case of a reservation?
Yes.
Prepayment is increasingly common, especially in high-end restaurants or those with few covers.
It is above all dissuasive and makes it possible to avoid last-minute cancellations or non-honored reservations (also called "no-show").
In practice, if the restaurateur asks you to pay a deposit, he must inform you of the conditions for canceling your reservation (flexibility, notice period, terms, etc.).
Read alsoIf I cancel my hotel reservation, can I get my deposit back?
“The deposit is a means of forfeiture allowing the customer as well as the professional not to follow up on a reservation. If the customer withdraws outside the conditions provided, he loses all of his deposit. If the professional does not make the reservation, he must return double the deposit
, ”summarizes Émilie Bono.
Note that a clause which authorizes the restaurateur to keep the sums paid by a consumer if the latter renounces his reservation, but without reciprocally providing for the return to him of double the amount of the deposit if it is the professional who cancels is presumed abusive. (art. R 212-2 of the consumer code).
The customer would be entitled, in the absence of this last precision, to recover his deposit, even if the cancellation is his fault.
Can I be sued for defamation if I leave a review on the internet?
No.
"Any action based on defamation is, in principle, not retained by the courts in cases concerning opinions on restaurants"
, confides Chrystel Diloy.
However, if you intend to publish a very negative comment on a particular establishment, always moderate your remarks, and support them with precise and objective facts.
Indeed, your civil liability may be engaged, especially if your unpleasant comment is part of an intention to harm.
Read alsoFalse reviews, misappropriation of customers... TripAdvisor, the giant that fuels all fantasies
Is the restaurateur required to provide me with a doggy bag if I haven't finished my meal?
No.
The restaurateur is only required to provide a reusable or recyclable container (also called a "gourmet bag" by the government, which has registered this mark and promotes it) only to customers who request it, in order to be able to take away what they did not consume on the spot.
“Food or drinks offered in the form of an
all-you-can-eat buffet
are not affected by this measure, as are drinks whose container is subject to a deposit system”
, specifies Chrystel Diloy.
Note that the gourmet bag may be charged to you by the restaurateur.
You can bring your own, but the professional has the right to refuse to use it if it is obviously dirty or unsuitable.