Is it possible not to pay for food in a restaurant if you don't like it

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

The life hacker asked the lawyer what to do if the dish for some reason did not meet your expectations.

High quality dish, but tasteless

Situation: you came to a restaurant, ordered an extravagant dish, tasted it and realized that you cannot eat it.

In the Law "On Protection of Consumer Rights" there is a norm formally suitable for this situation.

If the contractor, when concluding the contract, is informed by the consumer about the specific purposes of providing the service, the contractor is obliged to provide the service suitable for use in accordance with these purposes. Clause 3 of Article 4 of the Federal Law "On Protection of Consumer Rights"

Ordering food at a restaurant is a verbal transaction. “I want to eat deliciously” is quite a goal. But even if you voice it to the waiter, you won't be able to remove the dish from the check.

First, food is ordered orally. This means that the burden of proving the terms of the contract lies with both parties equally. In this case, one cannot refer to witnesses. It is almost impossible to establish that what you asked for was delicious food.

Secondly, it is possible to abandon the contract only for objective reasons, and taste is a subjective thing. If you don't taste it, it tastes good to others.

Alexander Karabanov attorney

From a legal point of view, a visitor to a restaurant is a consumer, whose rights are protected by the Law "On Protection of Consumer Rights". But “tasty” and “tasteless” is an exclusively subjective category. Here the rule of law does not apply. It will not work not to pay for a quality dish just because it seemed tasteless.

Output: tastes could not be discussed. If the dish is prepared from fresh products in compliance with the technology, but you do not like it, you can tell the administrator about it. A good establishment will definitely offer an alternative. But you will most likely have to pay for both menu items.

I didn't like the dish because it was of poor quality

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

According to the Rules for the provision of catering services, the consumer has the right to withdraw from the contract if he finds significant deficiencies in the service.

Here are what can be considered such disadvantages:

1. Violation of the cooking technology. Burnt fish, crunchy rice on the teeth, or a generously salted soup all indicate a chef's lack of professionalism.
2. Non-compliance with the flow temperature. Borscht or steak should not be cold, and ice cream should not be melted.
3. Substitution of ingredients. When a chicken is put in the dish instead of the rabbit declared in the menu, and the lamb is exchanged for beef, they are trying to deceive you. If the kitchen doesn’t have the ingredient you want, you must be asked if you agree to a replacement.
4. Spoiled food. If the seafood salad turns out to be smelly, it is likely that the establishment does not follow the expiration dates.
5. Underweight. Instead of the declared 200 grams, there is 100 grams on the plate.
6. Fly or hair. No comment - there should be no foreign objects in the food!

In all these cases, you have the right to demand a free replacement of the dish for a high-quality one or a reduction in its cost.

The restaurant must provide a service that complies with the contract. After the visitor has chosen a dish, according to the presented menu, the contract between him and the restaurant is considered concluded. This means that the latter is obliged to serve exactly such a dish that is indicated on the menu. Of course, the food must be fresh and in the stated quantity. If it does not meet these criteria, you can not pay for it, since the product does not meet the contract.

Alexander Karabanov attorney

Output: you are not obligated to pay for mistakes made by cooks and waiters. If an unpleasant incident occurred in an institution that values its name and customers, the spoiled dish will certainly be excluded from the bill. They will also offer a free dessert or drink as a compliment.

The dish is of high quality, but your wishes were not taken into account when cooking

Situation: you want to try a restaurant specialty but include peanuts that you are allergic to. You ask not to put it in your portion, but they still bring you a platter of peanuts.

In this case, we can again speak of "a product of inadequate quality." When placing an order, you made changes to the standard contract (menu item) and the contractor agreed to the new conditions (the waiter promised that there would be no peanuts). If the agreed conditions are not met, you have the right to demand a replacement dish or refuse to pay.

If an ingredient is added to a dish that the customer does not like and would never order, then there is a violation of consumer rights.

Alexander Karabanov attorney

Output: always clearly state your wishes when ordering food in a restaurant. If you are warned that it is not possible to replace one or another ingredient, choose something else. If you have not warned and did not take into account your wishes, you can not pay.

The restaurant does not admit its guilt

Situation: you were served low-quality food (burnt, rotten, with a cockroach, and so on), but the representatives of the institution did not replace the dish, did not apologize and continue to aggravate the conflict, make you pay in full, threaten to call security or the police.

In this case, lawyer Alexander Karabanov proposes to act as follows.

1. Record the fact of providing the service of inadequate quality - take a photo or video the spoiled dish. If there is a foreign object in the food, do not remove it from the plate.
2. Invite an administrator and calmly explain what happened. Describe what is wrong with the dish, and suggest your own solution to the problem - replacing the dish with another or a similar one, excluding it from the bill.
3. If a representative of the establishment refuses to resolve the conflict, ask for a complaint book. Describe in detail what the dish should actually be and what exactly is wrong with it. Be sure to note that these claims were made to the restaurant's administration, list how it was proposed to resolve the conflict situation, and emphasize that the restaurant did not make concessions.
4. Take a picture of your entry in the complaint book so that it does not "accidentally" disappear from there, and pay the bill.
5. Write a complaint to Rospotrebnadzor and file a claim in court for a refund.