Pay to reserve a table at a restaurant? Learn what the law says.
What does the law say about the need for a sign to reserve a table in a restaurant?
The law allows or not charging when reserving a table in a restaurant? The answer is yes.
Some establishments require a deposit to guarantee a table reservation - and in many cases, this amount is not refunded. Have you been through this situation? Let's see if the legislation allows this charge.
"The requirement of a deposit to guarantee reservations is not a new practice and is already common in several hotels, as well as in event organization. The deposit, also known as an advance or down payment on the price, is provided for by law (Article 441 of the Civil Code). The legislation stipulates that if the person who made the reservation does not fulfill the commitment made for reasons within their control, the other party has the right to retain the deposit amount," clarifies DECO PROTeste, cited in the Notícias ao Minuto.
According to the consumer defense organization, in practice there is a "financial compensation for damages resulting from cancellation or withdrawal by the customer, allowing the establishment to recover, at least in part, the revenue that could have been obtained".
Is there a legal limit for the amount of the deposit?
No. However, DECO PROTeste emphasizes that "when defining the amount of the deposit, 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 functions 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 double the deposit paid," reads the news article citing the legislation.
DECO PROTeste also reminds that restaurants can set a deadline for canceling a reservation with a refund of the deposit. At the time of booking, the consumer must be clearly informed about the advance notice required for cancellation and subsequent refund.
And if the reason for cancellation is illness?
"If the client cannot attend due to illness or other major reason, 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 read in the news.
However, there are establishments that offer alternatives, allowing to reschedule the reservation or use the already paid amount as credit for a future meal.
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