If you have already organized a birthday dinner for a large group, you may have noticed that some restaurants request an early signal to ensure the reservation. According to Deco Proteste, this practice has become increasingly common, especially in large cities. Although it may raise questions, this requirement is legal and aims to protect both customers and restaurants. But what is the legal foundation for this charge?
Payment of a sign to reserve a restaurant is framed in article 441 of the Civil Code. This article establishes that, in a promessed contract of purchase and sale, “it is presumed to be signal all the amount delivered by the promising-promentor to the promising salesman, even as an anticipation or principle of payment of the price.” Article 442 of the same code details the application of this sign.
What does this article mean in practice?
This means that if the customer cancels the reserve for a motive that is imputable to it, the restaurant may have the amount paid as a form of compensation for the damage caused by withdrawal, writes a.
On the other hand, if it is the restaurant canceling the reserve, the customer is entitled to receive double the amount paid as a sign. In addition, establishments may establish deadlines for cancellation with reimbursement, provided that these conditions are informed at the time of reservation.
In force majeure, such as disease, Deco Proteste recommends that the customer contact the restaurant as soon as possible to explain the situation. Many establishments agree to reserve or use the amount paid as a credit for a future meal. If the cause of cancellation is not attributable to the customer, there may be a refund.
Regarding the value of the signal, the law does not define a maximum limit, but Deco Protest highlights the importance of the principle of good faith. The amount charged must be reasonable, proportional to the prices practiced by the restaurant and reflect a fair anticipation of payment. This practice protects restaurants from unexpected cancellations and, at the same time, allows customers to guarantee their reservation, reducing the risk of overbooking or refusal to arrive.
However, it is essential that consumers are well informed about the conditions associated with signal payment. Before making a reservation, you must clarify all details, including cancellation policies and any reimbursement deadlines.
The requirement of a signal for reservations in restaurants is legal as long as it respects principles of transparency and proportionality. To avoid misunderstandings, customers pre-confirm all reserve conditions in advance. Thus, both customers and restaurants can benefit from a fairer and more organized process, ensuring that the expectations of both parties are met.
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