Is the request of the owner of a bar or restaurant who asks the customer to leave the table in favor of other customers legitimate?
First of all, it should be specified that no law establishes time limits within which a customer can occupy a table for the consumption of breakfast, aperitif, lunch or dinner, since it is, however, an original contractual service rendered by the restaurant.
In the absence of legislative provisions or specific notices, the only thing that can be done is to refer to commercial uses as a result of which, on the one hand, the owner of the restaurant can allow the customer to occupy a table subject to consumption, on the other hand, the customer to enjoy an adequate time to conclude the meal.
Basically, once the drink is finished, it is legitimate for the customer to stay at the table for a reasonable period in order to chat with the other diners.
On the customer side, it is equally reasonable that the customer cannot stay at an example for an entire morning or evening with a "minimal" drink, given that in this case the owner of the restaurant is entitled to request a new drink or release of the table.
This is based on a general principle of good faith established by the Civil Code which requires the parties, when executing the contract, to behave fairly towards each other.
Written by; Alessandro Klun
(@acenacondiritto)
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