Whether a guest has to pay for the food he or she is dissatisfied with depends on the individual case. “If the guest simply didn’t like it, there is no defect in the legal sense,” says lawyer Jürgen Benad from the German Hotel and Restaurant Association in Berlin.
A food defect occurs when, for example, something is served that was not ordered. Suppose the guest ordered an Argentine rump steak and was served pork instead. “This is objectively a defect,” explains Christian Feierabend, a specialist lawyer in international business law in Berlin. The guest must report this defect to the service staff promptly. “Eat about half of it first and then complain, that’s not possible,” says Feierabend.
There are also deficiencies in the food if, contrary to what is stated on the menu, the fish is more or less raw instead of fried or baked or the dish that is supposed to be hot is cold. Or too salty.
In general, if there are objective defects in the food, the guest has the right to return the order. He or she must give the catering business the opportunity to make improvements. If the food is still objectively defective, the guest is not obliged to pay for it. If the guest doesn’t complain about the food until it’s time to pay, it’s too late – because then the host didn’t have the opportunity to make improvements.
2023-11-09 00:21:50
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