Pay to reserve a table at a restaurant? Find out what the law says.

The law allows the charging or not when booking a table at a restaurant? The answer is affirmative.

Some establishments require the payment of a deposit to guarantee a table reservation, and in many cases, this amount is not refunded. Have you been in this situation? Let's see if the legislation allows for this charge.

"The requirement of a deposit to guarantee reservations is not a new practice and is already common in several hotel units, as well as in event organization. The deposit, also referred to as an advance or down payment, is provided by law (Art.º 441.º of the Civil Code). The legislation stipulates that if the person making the reservation fails to fulfill the commitment for reasons attributable to them, the other party has the right to retain the deposit amount," clarifies DECO PROTeste, cited in Notícias ao Minuto.

According to the consumer protection organization, in practice, there is a "financial compensation for the damages resulting from the cancellation or withdrawal of the customer, allowing the establishment to recover, at least in part, the revenue that it could have obtained".

Is there a legal limit on the amount of the signal?

No. However, DECO PROTeste highlights that "when setting the amount of the down payment, the principle of good faith must be respected." Therefore, "the amount charged must be reasonable and proportional to the prices practiced by the restaurant, as it serves as a partial advance payment for the meal".  

What happens if it is the restaurant that does not comply?

"In this case, the law provides that the customer has the right to demand twice the deposit paid ," reads the news article citing the legislation."

A DECO PROTest reminds that restaurants can establish a deadline for cancellation of the reservation with a refund of the deposit. At the time of booking, the consumer must be clearly informed about the necessary advance notice for cancellation and subsequent refund.

And if the reason for cancellation is sickness?  

"If the client cannot attend due to illness or other force majeure reason, the non-compliance cannot be attributed to them. In these situations, it is advisable to contact the restaurant as soon as possible to explain the reason for the cancellation," recommends DECO PROTeste - as seen in the news.

However, there are establishments that offer alternatives, allowing rescheduling the reservation or using the value already paid as credit for a future meal.

Also read: Cancelled flight? Find out you may be entitled to compensation of up to €600.

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