I saw that restaurants here have started to charge no-show fees: https://www.iamexpat.ch/lifestyle/lifestyle-news/swiss-restaurant-fines-guests-100-francs-each-not-showing-reservation

While I understand the rationale and think it’s fair to do so (depending on amount) since resources are being locked up, I wonder though if that’s really legal/enforceable here? If it is, what determines the maximum legal amount?

To a lesser degree I wonder the same about doctors/dentist appointments where it is very usual – though those might be covered by a different law maybe.

by MarinatedPickachu

7 comments

  1. I am no lawyer and would be interested in hearing one, but I guess that worst case, as long as this is clear when you make the reservation, you can consider the reservation itself as a service you pay and that is deducted from the price of the order once you go to the restaurant.

  2. If it’s not, it should be made law.

    No shows fuck everyone up, both owner and potential customers.

  3. By law, a business is allowed to charge such a fee if it results in an actual loss of income (the fee can’t be higher than that). So for example if the restaurant is not able to serve another customer during the time period you booked a table because the table has been reserved by you or if a doctor cannot see another patient because you have an appointment, then they are allowed to charge you. The rules are afaik the same for all businesses.

    In the case of a doctor’s appointment this is reasonable, they will only book a certain number of appointments in a given time frame so unless they can fit another patient in on very short notice, when you don’t show up they loose money.

    For restaurants it is not as clear cut, if not all tables are reserved/in use then you not showing up does not change anything for them. And even if the restaurant is fully booked they can just give your table to someone else after e.g. 10 minutes. So the only condition where they could charge you is when they are fully booked, you don’t show up and nobody else spontaneously shows up either. Of course it’s still an inconvenience for them, especially if you don’t call them at all to cancel and they have to call you or wait until they can give your table to someone else. So if they charge you a small fee I can understand and would just pay it, but not something on the order of the cost of a full meal.

  4. It depends on the general conditions. If the customer validly accepts the general conditions when the booking is made, then a penalty fee is lawful. The amount must be reasonable, but CHF 100 seems reasonable to me.

  5. IMO the correct way is to make a deposit against the final bill when you are booking.

  6. Personally, makes sense, although it would be nice to have an option to cancel the reservation at least few hours before the original time. Again, depends on the restaurant and how they work, but everyone’s time should be appreciated, both guests and restaurants force.

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