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Is it legal to apply a price increase in the event of a request to modify a dish?

This is undoubtedly one of the questions that circulates most when we sit at a restaurant table and which often leads the customer to give up a change precisely for fear of a surcharge.


Figure 1 - Price Increase







But what does the law say about this?


It must be said immediately that in the absence of specific legislation, it is necessary to refer to the menu: only if expressly indicated on the menu can the restaurateur legitimately charge the indicated surcharge to the customer who asks to be able to add an ingredient to the dish ordered.


The indication on the menu represents an essential condition whose function is to make the guest aware of the cost of the addition that he is interested in requesting.


This is true in the case of addition, but in the case of subtraction does the price decrease?


The answer is no.


The same rule applies because even if the customer asks to remove an ingredient, the kitchen organization, in order to satisfy this request, must modify its usual activity with inevitable slowdown in preparation and service, which is why a higher price is applied. Provided that it is indicated on the menu.


In conclusion, adding or removing an ingredient can lead to a price increase as long as this is clearly communicated to the customer.




Author: Alessandro Klun

(@acenacondiritto)


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