30.11.2020

Is it possible not to pay for a meal in a restaurant, if you didn’t like it

Dish quality, but tasteless

Situation: you came to the restaurant, ordered an extravagant dish, tried it and realized that I can’t do it.

The law “On consumer rights protection” is the norm, technically fits this situation.

If the contractor in the contract set by the consumer informed about the specific aims of the service the contractor is obliged to provide a service suitable for use in accordance with these objectives.

Paragraph 3 of article 4 of the law “On protection of consumer rights”

Ordering food in a restaurant is an oral transaction. “I want to eat” – quite a goal. But even if you announce it to the waiter to remove the dish from the check will not work.

First, the ordering of food takes place in oral form. So, the burden of proving the terms of the contract lies with both parties in equal measure. This is not to refer to witnesses. To establish that you asked for it delicious food, is almost impossible.

Second, to withdraw from the contract is possible only for objective reasons, and taste is subjective. You tasteless – tasty others.

Visitor from a legal point of view is a consumer, the rights which the law “On protection of consumer rights”. But “tasty” and “tasteless” is an extremely subjective category. Here are the rules of law do not apply. Not to pay for a quality dish, just because it seemed tasteless, will not work.

Alexander Karabanov, the lawyer

Conclusion: no accounting for tastes. If the dish is cooked with fresh products from the technology, but you don’t like it, you can tell the receptionist. A good institution will definitely offer an alternative. But to pay, most likely, will have both menu items.

The dish is not liked, because of poor quality

Situation: you ordered a kebab, and you brought the charred pieces of meat.

According to the Rules of rendering of public catering services, the consumer is entitled to cancel the contract, if found significant deficiencies services.

Here’s what you can consider such defects:

  1. Violation of technology of preparation. Burnt fish, crispy on the teeth rice or generously salted soup indicate a lack of professionalism of the chef.
  2. Failure flow temperature. Soup or steak should not be cold and ice cream melted.
  3. Substitution of ingredients. When the dish is stated on the menu rabbit put the chicken and lamb are changed for beef, you try to cheat. If the kitchen is not the right ingredient, you have to ask whether you agree to a replacement.
  4. Spoiled food. If the seafood salad was tainted, probably by not watching the expiration dates.
  5. Underweight. Instead of the claimed 200 grams per dish is 100 grams.
  6. A fly or hair. No comments: food should not be foreign objects!

In all these cases, you may request a free replacement meals to quality or reduce its cost.

The restaurant must provide service that complies with the contract. After the visitor chose the dish according to the menu, the contract between him and the restaurant is concluded. So the latter must submit such a dish listed on the menu. Of course, the food should be fresh and in the stated amount. If it does not meet these criteria, it is possible not to pay, as the goods do not conform with the contract.

Alexander Karabanov, the lawyer

Conclusion: you are not required to pay for the mistakes of the cooks and waiters. If an unpleasant incident occurred in the school which values its name and customers ruined the dish will exclude from the invoice. And even offer a free dessert or drink as a compliment.

Dish quality, but the preparation did not take into account your wishes

Situation: you want to try the restaurant’s signature dish, but peanuts which you are allergic. You ask not to put it in your portion, but you still bring a dish with peanuts.

In this case, it is possible to speak of “the goods of inadequate quality”. By placing an order you have made changes to the standard contract (a menu item) and the contractor has agreed with the new conditions (the waiter promised that the peanut is not). If the stipulated conditions are not met, you may request a replacement dish or to refuse payment.

If dish added ingredient that the client does not like and never would have ordered it, there is a violation of consumer rights.

Alexander Karabanov, the lawyer

Conclusion: always clearly pronounce their wishes when ordering food in a restaurant. If you have been warned that the replacement of a particular ingredient is not possible, choose something else. If not warned and did not take into account your wishes, can not pay.

Restaurant pleads not guilty

Situation: you have submitted low-quality food (burnt, rotten, cockroach and so on), but the representatives of the institutions did not replace the dish, did not apologize and continue to exacerbate the conflict, are forced to pay in full, threatening to call security or the police.

In this case, the lawyer Alexander Karabanov offers to act in the following way.

  1. Fix the fact that the provision of services of inadequate quality – take a photo or video to remove spoiled the dish. If food is present a foreign object, do not remove it from the plate.
  2. Invite the administrator and calmly explain what happened. Describe what is wrong with the dish, and offer a solution to the problem – replace the meals with another or similar, with the exception of his account.
  3. If a representative of an institution refuses to resolve the conflict, ask the complaints book. Please describe in detail what should be the dish actually is and what exactly is wrong with him. Be sure to note that these claims were made the administration of the restaurant, list how it was proposed to resolve the conflict situation, and emphasize that the restaurant did not concessions.
  4. Take a photo of your entry in the complaints book, so she “accidentally” disappeared from there, and pay the bill.
  5. Write the complaint in Rospotrebnadzor and file a lawsuit for a refund.

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One thought on “Is it possible not to pay for a meal in a restaurant, if you didn’t like it

  1. Hey there! I’ve been reading your website for a while now and finally got the bravery to go ahead and give you a shout out from Lubbock Tx! Just wanted to mention keep up the fantastic work!

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