The requirement of a table reserve signal is a practice that has become common in some restoration establishments. But is this legal charge? Find out if restaurants can charge a table reserve signal and what are their rights in case of cancellation or non -compliance.
What does the law say?
According to article 441 of the Civil Code, the signal is an advance of price and can serve as a reserve guarantee. Deco Proteste clarifies that “signal collection for reserve purposes is not unprecedented and is already practiced in many hotel establishments, as well as in the context of events”.
If the customer does not appear or cancel the reserve without valid justification, the establishment has the right to retain the amount paid as compensation for the damage caused.
Is there a limit to the signal value?
The law does not establish a fixed amount for signal collection. However, Deco Proteste stresses that “in setting the signal, it is important to safeguard the principle of good faith.”
Thus, the amount must be proportional to the prices practiced by the restaurant, functioning as a partial anticipation of meal payment.
What if the restaurant doesn’t comply with the reserve?
If it is the establishment not to guarantee the previously agreed reserve, the law protects the consumer. According to the same article of the Civil Code, “the customer may require twice the signal provided” if the restaurant does not comply with what was agreed.
In addition, restaurants can set a deadline for reservation cancellation with signal reimbursement. “To this end, at the time of the reservation, the consumer should be clearly informed by the restaurant at least in advance that he must fulfill if he wants to cancel and obtain the refund,” warns.
Cancellation due to force majeure
If cancellation occurs for reasons others to the client, such as illness or other cause of force majeure, the situation should be communicated to the restaurant as much in advance as possible.
In these cases, some establishments offer alternative solutions, such as reserve reserve or converting signal value to credit to future consumption.
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