Is it possible to not have to pay for a meal in a restaurant, if you do not like
A Life Food / / December 19, 2019
Layfhaker asked the lawyer what to do if a dish for some reason did not meet your expectations.
Dish quality, but tasteless
Situation: you come into the restaurant, ordered an extravagant meal, try and understand that you can not have it.
In lawRF Law of 07.02.1992 N 2300-1 (ed. from 18.04.2018) "On Protection of Consumer Rights" "On Protection of Consumer Rights" is the norm, technically suitable for the given situation.
If the performer in the contract supplied by the consumer aware of the specific objectives the provision of services, the executor is obliged to provide a service that is suitable for use in accordance with these goals.
Paragraph 3 of Article 4 of the Federal Law "On Protection of Consumer Rights"
ordering food in a restaurant - it's a verbal deal. "I want to eat" - it is a goal. But even if you have to voice it to the waiter to remove the dish from the check will fail.
Firstly, ordering food takes place orally. This means that the burden of proof of contract lies on both sides equally. This is not to rely on witnesses. Establish that you requested is delicious food, is virtually impossible.
Secondly, withdraw from the contract is possible only due to objective reasons, and the taste - a piece subjective. Taste good to you - another tasty.
Restaurant diners from a legal point of view, is a consumer, to defend the rights of which stands the Law "On Protection of Consumers' Rights. But "tasty" and "tasteless" - it is solely a subjective category. Here, the rule of law do not apply. Do not pay for a quality meal just because it seemed tasteless, will not work.
Alexander Karabanov lawyer
Output: tastes could not be discussed. If the dishes are made from fresh produce from the observance of technology, but you did not like it, you can tell the administrator. In a good institution is required to offer an alternative. But the pay is likely to have for the two menu items.
The dish did not like because of poor quality
Situation: you ordered a kebab, and you brought the charred pieces of meat.
According to the rulesRF Government Decree of 15.08.1997 number 1036 the provision of catering services, the consumer is entitled to cancel the contract, if found significant deficiencies services.
Here is what can be considered such defects:
- Violation of preparation technology. Burnt fish, crispy on the teeth or rice generously salted soup indicate unprofessional chef.
- Failure to supply temperature. Soup or steak should not be cold, and the ice cream melted.
- Substitution of ingredients. When the dish instead of a rabbit on the menu claimed put the chicken and mutton change of beef, you are trying to cheat. If the kitchen is not the desired ingredient, you have to ask, do you agree on a replacement.
- Spoiled food. If seafood salad turned out to be a bit too strong, probably in an institution do not watch shelf life.
- Underweight. Instead of the declared of 200 grams on the plate is 100 grams.
- Fly or hair. No comment - in the food should not be foreign objects!
In all these cases, you are entitled to request a free replacement meals for quality or decrease its value.
Alexander Karabanov lawyerThe restaurant must provide a service that meets the contract. Once a visitor has chosen dish, according to the View menu, the contract between him and the restaurant is considered concluded. So, the latter is obliged to submit it this dish, which is listed on the menu. Of course, the food should be fresh, and the claimed amount. If it does not meet these criteria, for it can not pay, because the goods do not conform with the contract.
Output: you do not have to pay for the mistakes of cooks and waiters. If bad casus took place in an institution that values its name and clients, spoiled dish is sure to be excluded from the count. More and offered a free dessert or drink as a compliment.
Dish quality, but the preparation does not take into account your wishes
Situation: you want to try the signature dish of the restaurant, but the composition of peanuts, to which you are allergic. You ask not to put it on your morning, but you still bring a dish with peanuts.
In this case, you can again speak of a "product of poor quality." Making the order, you make changes in the standard contract (position of the menu) and the singer agreed to new terms and conditions (the waiter promised that the peanut is not). If the agreed conditions are not met, you are entitled to request the replacement of meals or refuse to pay.
Alexander Karabanov lawyerIf the dish is added ingredient that the client does not like and never have ordered it, there is a violation of consumer rights.
Output: always try speaking clearly their wishes when ordering food at a restaurant. If you are warned that the replacement of a particular ingredient is not possible, choose something else. If you were not warned and did not take into account your wishes, you can not pay.
The restaurant does not admit his guilt
Situation: you have submitted poor quality food (burned, rotten, with a cockroach, and so on), but the representatives of the institutions did not replace the dish, did not apologize, and continue to worsen conflict, Forced to pay in full, threatening to call security or the police.
In this case, the lawyer Alexander Karabanov offers to act as follows.
- Fix the fact of poor quality services - take a picture or video to remove the spoiled food. If food is present foreign object, do not remove it from the plate.
- Invite Administrator and calmly explain what happened. Describe what's wrong with the dish, and offer a solution to the problem - replacement of meals on different or similar, with the exception of his account.
- If a representative institution refuses to settle the conflict, ask the complaints book. Describe in detail what should be a dish really is and what exactly is wrong with him. Be sure to note that the claims were made restaurant administration, list how suggested way to resolve a conflict situation and emphasize that the restaurant did not go to concessions.
- Take a photo of your entry in the book of complaints that it "accidentally" did not disappear from there, and paid for a row.
- Write a complaint to the Federal Service and sue for a refund.
see also
- How not to pay for burnt hair or a bad manicure in a beauty salon →
- What to do if you cheated in the store or on the market →
- How to save yourself from going to the shop and eat in the restaurant →
- What you need to know the visitor to the shop: answers to legal questions →