In “13.00 by your side”, the TF1 news accompanies you with everyday problems.
On today’s menu, questions about your rights in the restaurant.
Valentin Dépret answers that on Marie-Sophie Lacarrau’s set.
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13.00 by your side
Today we’re going over questions we’ve all asked ourselves one day at a restaurant. For starters: can you easily return a dish to the kitchen?
Yes, but on condition of justification! A restaurateur has a duty to take back your dish if it is too cold, if there is a cooking problem, a hair on the plate or even if you have doubts about the freshness of the products… but he does not have to satisfy your palate ! So if it’s a taste problem, it’s too late. They are under no obligation to change your entitlement or give you a discount, let alone a refund.
On the other hand, if the dish you are served doesn’t match the description on the menu, it changes everything. That is, if you order a salmon steak and you have trout on your plate… or your salad is missing an avocado even though it was mentioned, you can demand that someone bring you a dish with real ingredients. And if this is not possible, ask for compensation this time, a decline in price, as this can be considered a deceptive trade practice.
Another question, if I don’t finish my plate, should the restaurant owner offer me to leave with my leftovers?
No! According to Emilie Bono, lawyer for the National Group of Independent Hotels and Catering (GNI), the restaurateur is not obliged to offer you a doggy bag. If you request it, the restaurant is, on the other hand, obliged to provide you with a container to collect what you have not consumed on site. But beware, what we don’t know is that the restaurant owner has every right to charge you for this container, it’s rare, but don’t be surprised if you’re asked for a few euros. And of course this “doggy bag” does not work for drinks and dishes sold as an all-you-can-eat buffet. There is no question of filling up before departure!
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Another scenario is if the waiter is clumsy and spills a glass or dish on my clothes. Am I entitled to a refund for the cleaning?
Yes, the restaurant owner is responsible. He is obligated to reimburse you for the cost of cleaning or dyeing if you have been stained because of the service, and I mean because of the service. If you yourself have spilled wine on your shirt, of course it won’t work. Only condition: The manager may ask you to present an invoice to certify the cleaning of your clothes. And if your dress or t-shirt cannot be found, you need to find the original invoice, it can be complicated, so generally we agree with the restaurant owner on the amount of the refund.
And speaking of liability, if I don’t find my jacket on the rack, is it the restaurant’s fault?
Not necessarily, there are two scenarios. If the restaurant has agreed to store your belongings in a proper changing room, it is called a pledge contract, it must replace you in case of loss or theft. But if it’s a coat rack, it’s not automatic and it’s up to you to keep an eye on your stuff. Which means that in the event of theft, according to Maître Chrystel Diloy, commercial law attorney at the Diloy firm and author of “Restaurant, beverage and hotel law“, you have to prove that the restaurant was negligent, for example that the coat rack was not visible from your table. And then be careful if it says in big letters in the room that the restaurant is not responsible for clothes hanging on coat racks, it is logical , you were warned, no compensation is possible.
Ask your questions on video
If you have a question yourself, you can ask it directly on video by going to our dedicated page.
You can also send it by email to the following address: le13havoscotes@tf1.fr.
