1. When selling alcohol in public catering, you need to open the bottle, but what to do with the cork, give it to the client or throw it away?

1.1. Hello! The cork can also be given to the buyer.

2. I work as a merchandiser, selling food and catering at gas stations. The employer does not reimburse the costs of undergoing a periodic medical examination. Is this legal?

2.1. Good afternoon No. not legal. Payment for medical procedures. inspection is the employer's responsibility provided for by labor. Code of the Russian Federation.

3. I have been working in public catering for 10 years and pass the commission every year. Why does the psychiatrist refuse to give a certificate for the Sanitary Book (all the doctors have already been passed and paid for, only the psychiatrist remains) and argues that she needs a referral from work, I explain that the work is in another city, and I am undergoing a medical examination according to my registration, but she still resists and demands go and bring directions. Is this legal?

3.1. Write a complaint addressed to the head physician outlining your requirements, notifying him that if this issue is not resolved within 10 days, you reserve the right to file a complaint with the prosecutor's office and the Ministry of Health, with subsequent recourse to court.

4. Is it possible to wear earrings if I work in catering as a cook?

4.1. Of course you can wear earrings.

5. I have a catering business, what will happen if they see me selling beer to go on May 9? Who can check? 89511823907 Evgeniy.

5.1. There will be administrative liability. Law enforcement or supervisory authorities can check.

6. Hello.
Public catering. Bar. Alcoholic mulled wine/cocktail/beer is poured into disposable containers. The guest asked to pour it like this and went with him outside the catering area.
Is the organization responsible for selling alcohol in this way? What exactly (what rule) of the law regulating the sale of alcohol has been violated?

6.1. If the bottle is open, then the organization does not violate the license to sell alcoholic beverages.

7. I work in public catering and during an inspection we found an expired balm on sale. They threaten a fine of 30,000. This is correct.

7.1. Hello.
Did Rospotrebnadzor check you? Then, legally, you can be held administratively liable for selling expired goods under Article 14.4 of the Code of Administrative Offenses of the Russian Federation.

7.2. Whether your employer will hold you financially liable depends on the responsibilities specified in the job description.

8. How much does it cost to transfer a building from the garage category to the catering category?

8.1. Before discussing the price of the issue, you need to familiarize yourself with the materials and decide on the possibility of such a translation, and identify a way to resolve this issue. Then the cost of the work will be clear. Both you and the lawyer. You can contact any lawyer on our site personally, contact details are in the profile.

9. In a residential apartment building, the landlord leases premises for catering purposes to restaurants. Tenants (restaurants) are constantly changing. Questions:
1. Is the consent of the owners required for each tenant?
2. In addition, the service entrance to the restaurant is through the entrance.
3. Employees are constantly walking back and forth.
4. Music is playing loudly and there is a smell of food in the entrance and in the apartment.

Which of all this would be a violation?

9.1. Dear Andrey, you need to look at the technical passport of the apartment building and the purpose of the premises, so most likely:
1) consent is not needed
2) you need to look at the technical passport and floor plan
3) it is not prohibited
4) depends on the noise level and Sanitary Regulations for MKD.

10. My question: Individual entrepreneur cooking (catering) without a service hall on the 1st floor of the 9th floor of the house, 32.5 m/sq., according to the standards of the Department of Tariff and Pricing Policy of the Tyumen Region, the tariff is 183.52 kg per year for a total of 92 rubles/month , The operator offers an agreement as a store with a standard of 25.17 kg per meter of total area, totaling 450 rubles / month, i.e. 5 times more expensive, how to adjust the contract to your advantage.

10.1. In accordance with Art. 421 of the Civil Code of the Russian Federation (freedom of contract), you have the right not to sign the unfavorable terms of the contract imposed on you, sign as you see fit, and the operator has the right to act at his own discretion.

11. I am forced to get a hepatitis vaccination at work. I can legally refuse, I work in catering.

11.1. If you work in public catering, then unfortunately you won’t be able to refuse. If you don’t get vaccinated, you will be suspended from work under Article 76 of the Labor Code of the Russian Federation.

12. I have an individual entrepreneur registration in one city. But the activity is different. Public catering. Which SES should I enter into an agreement with, in the city of registration or activity?

12.1. Controls the activities of the SES in the city of your actual activity.

13. Individual entrepreneur, catering, egais, cash desk, area 45 m2, in a residential building. Can you sell beer 24 hours a day?

13.1. It is not allowed to post:
all enterprises, as well as shops with operating hours after 11 pm; consumer service enterprises that use flammable substances (except for hairdressing salons and watch repair shops with a total area of ​​up to 300 mSNiP 01/31/2003 Residential multi-apartment buildings); baths and saunas (except for individual saunas in apartments);
catering and leisure establishments with more than 50 seats and a total area of ​​more than 250 m (SNiP 31-01-2003 Residential multi-apartment buildings);

Only until 11 p.m., after that it will be a violation of sanitary standards and may be subject to administrative liability.

14. I am interested in obtaining a legal scheme for the legalization of hookah in public catering.

14.1. Rustam, quite a difficult question, if not impossible. I advise you to contact any lawyer in private messages to clarify the situation: is it possible or not.

15. I had this situation. I am renting premises for catering. For two years, the rent included additional rent. services for supposedly utilities. Now the tenant has decided. That they didn’t charge for water and billed without any reason. There were no meter readings, no additional agreement was drawn up, and the meter acceptance certificate was not accepted during this time. Tell me what can I do in this situation and how to resolve the dispute? If I don’t pay the bill, the lease agreement with me will be terminated.

15.1. You need to proceed from the terms of the contract, reconcile the calculations.

15.2. If the contract does not specify that utilities are paid separately, then this is not the legal behavior of the landlord.
Exit? provide him with an analysis of the contract and the provisions of the Civil Code of the Russian Federation on this matter.

16. I work in catering, we have a restroom for bed sheets. If a person has not bought anything, do I have the right not to let him into the restroom?

16.1. This can be regarded as a violation of consumer protection laws. By requiring that you make an order to visit the restroom, the administration of a cafe or restaurant actually conditions the purchase of a catering service on the mandatory purchase of another service - the service of using the toilet, which is prohibited (Clause 2 of Article 16 of the Law of 02/07/1992 N 2300-1).

17. Can I be fired from my job if I find out about my criminal record? Position: cashier salesperson in public catering.

17.1. Yes they can. Based on the fact that when applying for a job you hid this fact, that is, you provided false information about yourself.

17.2. They can fire you only if you hid the fact of your criminal record when applying for a job. The fact of a criminal record in itself is not grounds for dismissal, so there was no point in hiding this fact when applying for a job.

18. I am a single mother, raising 2 children. I work in a catering company 6 days a week. Am I entitled to a children's day?

18.1. Look at the article. 263 of the Labor Code of the Russian Federation For an employee who has two or more children under the age of fourteen, ... a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother, a collective agreement may establish annual additional leave without maintaining wages at a time convenient for them for up to 14 calendar days. The specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.
Normal working hours cannot exceed 40 hours per week.

19. Worked in public catering unofficially
The manager closed the branch without warning, he still owes a salary and now feeds him with promises and reasons that there is no way to pay.

19.1. Go to court, establish the fact of labor relations and collect wages.

19.2. You need to go to court, establish the existence of an employment relationship and collect unpaid wages.

20. I am an individual entrepreneur, in the field of catering, we were offered to rent a coffee machine, which we agreed to, when we moved to another cafe we ​​lost this machine, what responsibility will I bear for this.

20.1. Responsibility is provided for in the lease agreement. If you do not return it, you will be reimbursed for the cost of the device.

20.2. Look at the lease agreement, all this should be spelled out there, at a minimum the cost will have to be reimbursed, everything else depends on the terms of the agreement.

21. I wanted to ask, I work in public catering, my schedule is 2/2 from 6-18 shift 900 rubles in 2017 it was 1100 reduced because food prices have increased, so they explained to us, and they removed Sunday and made it a day off. It turns out that sometimes we rest for 3.4 days because of Sunday since the schedule is 2/2. Accordingly, the cost of living is 9000-9200, but as far as I know it’s already 11000-11800, it seems. Does the employer have the right to pay less than this minimum and if not, how can this issue be resolved? The small team is happy with the job since the children are small, but it’s hard to live on such a salary. Thanks in advance.

21.1. Hello, Anastasia!
An employer has no right to pay less than the living wage. In addition, if your contract specifies a certain amount of wages, then he cannot change it unilaterally; for this you need to conclude an additional agreement.

22. Who is entitled to the 13th salary? It seems I work for a white salary, in the catering structure, in the accounting department they are silent when asking (

22.1. Hello!
The “thirteenth salary” is money paid at the end of the year as an incentive. The purpose of such a payment is to stimulate increased productivity.
In the Labor Code of the Russian Federation there is no such thing as “the thirteenth salary”. At the same time, it provides for the opportunity to encourage work in any of the following ways:
declare gratitude;
issue a diploma or certificate;
give a valuable gift;
award a cash prize.

22.2. Good day to you, Indira!

"13th salary" is just a popular name for the New Year's bonus. And like any other bonus, the calculation of the “13th salary” is decided by the employer at its own discretion.

22.3. The thirteenth salary is a bonus at the end of the year, look in the regulations on priming, there is information about monthly and quarterly bonuses, as well as about the 14th salary, in some places this happens.

23. Redesign the non-stationary Pavilion in public catering.

23.1. Good afternoon, you should formulate your question in more detail. If you are talking about extending the contract, this is one thing, if you are going to buy from the second party and make changes to it, this is another. To obtain more detailed advice, you need to contact any lawyer; this can be done through personal messages or by telephone, which is listed on your personal page and they will help you. Best wishes to you.

24. I work in public catering, at an open joint stock company.
Since 2018, there are 17 non-vacation days left, in 2019 the vacation should be 69 days, they were allowed to divide it into 3 parts, how would it be most profitable to divide the vacation? More precisely, from what date to what date, and in what months. Thank you in advance.

24.1. Good evening! This is not a legal issue. It's up to you to decide how much and in what months you would like to take vacation... There is no benefit.

25. I work at a cash register in a catering establishment. As a result of the audit, a shortage of products amounting to 100,000 rubles was revealed. We were warned about this. Today is payday and 4,000 has been deducted from all employees. Do they have the right to deduct? They don’t explain why exactly. What to do in this case if you didn’t take anything. And is it possible to get the money back? Salary black and white.

25.1. Dear Evgenia, Blagoveshchensk!
According to Article 238 of the Labor Code of the Russian Federation
The employee is OBLIGED to compensate the employer for direct actual damage caused to him.
Unearned income (lost profits) is NOT subject to recovery from the employee.
According to Article 241 of the Labor Code of the Russian Federation
For damage caused, the employee bears financial liability within the LIMITS OF THE AVERAGE MONTHLY EARNINGS, unless otherwise provided by the Labor Code of the Russian Federation or other federal laws.
Thus, based on the above, that:
- If an agreement on full financial responsibility was NOT concluded with you as an Employee, then you, as an Employee, bear financial responsibility only within the limits of your average monthly earnings. - If an Agreement on full financial responsibility was concluded with you as an Employee, then in this case you as The employee must bear FULL financial responsibility for any shortage.
At the same time, if a dispute arises regarding the amount of the shortage, then you, as an Employee, have the right to indicate your disagreement in the Audit Report and resolve this dispute in court.
But in any case, I DO NOT recommend that you, as an Employee, sign the Voluntary Compensation Agreement!

Good luck to you Vladimir Nikolaevich
Ufa November 14, 2018

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26. Squeeze! I’ve been working for a year in public catering “PO” under an official contract, can I take an advance and how much%, when my colleagues are given an advance of more than 70%, and now they tell me that they don’t have the right because... you are under contract. Although throughout the year the advances were not small?

26.1. According to the recommendations of the Ministry of Labor dated 02/03/2018, an advance payment of up to 50% of wages, but no more. Organizations have orders in accordance with which wages and advances are calculated. Raise orders in the HR department and find out exactly what percentage exists in your organization!

27. How can you change the purpose of the premises from “office” to “catering”? What documents will be required for this and who to contact?

27.1. Hello, you need to contact the municipal administration because... The issue is related to a change in the intended purpose of the land plot Art. 8 Land Code of the Russian Federation.

*This material is over three years old. You can check with the author the degree of its relevance.

How to open a restaurant: about the features of establishments of different formats, alcohol sales and notification of the start of work.

The first article in a series of publications dedicated to the restaurant business. Useful reading for future cafe owners and experienced restaurateurs.

Catering is probably one of the most complex areas of business regulated by law. At the same time, the restaurant business is very popular and prestigious, it has always been and will always be. There are a lot of requirements for it, inspection bodies and grounds for inspections are also sufficient. It’s easy to get confused in the rules, and many of the requirements are sometimes far from obvious.

If you're opening a restaurant for the first time, you might not even know where to start. Then all the information in our article, the first in a series of materials for restaurant business owners, is exactly for you. But even those who have owned a cafe chain for several years may find this series of publications interesting and useful. We have put together the “catering” work practices of our specialists from various industries and want to tell you what needs to be taken into account in your work, how to reduce the risk of claims, fines, negative consequences of incorrect paperwork...

Such different formats

In order to understand what legal requirements apply to your establishment and how to formalize all this correctly, you need, first of all, to decide on the format of work. Coffee house? Pizzeria in the food court? Transportable confectionery? Sushi delivery?

If your temporary or mobile establishment(van, tent, catering at a public event, etc.), you should pay attention to the requirements of section 6 of the Sanitary and Epidemiological Standards and Rules SP 2.3.6 1079-01 dated 04/03/2003. In addition, your work may be regulated by various regional regulations, regulations of local authorities or event organizers.

If you open cafe at the food court, carefully review the agreement with the owner of the shopping center or other landlord. As a rule, food court organizers do not like to change the text of the contract. But here it is very important to understand some nuances in advance. According to our practice, the most problematic are the issues of delimitation of responsibility (is it your fault that a cockroach came running to you from a neighboring cafe), use of the premises (can your cafe be pushed into the farthest and most unfrequented corner), operating hours (the shopping center began to close earlier , and you lose earnings), advertising and competition (where the sign hangs, how to attract visitors).

If the establishment is planned to be located at an object with a special status, then you should work there only after a detailed study of this status, regime, rules and other things. This applies to cultural heritage sites, closed facilities, educational, medical and similar institutions, as well as residential buildings. In the latter, there are restrictions regarding factors that may disturb residents (odors, noise, emissions), and there are also nuances regarding the use of common property and maintenance of the territory.

Delivery of products and work through the online store also suggest features. Of course, there will no longer be any requirements for a service room. But the requirements for informing consumers must be complied with in full! Below we will talk about the fact that before ordering, the consumer must receive information about the dish offered, the service provided and the company itself (Law on the Protection of Consumer Rights, Art. 8-12, 26.1).

There is also an opinion that restrictions on the order amount upon delivery violate consumer rights. In order to avoid receiving claims and fines in this regard, you should correctly develop a document such as the Rules for the Provision of Services.

When preparing exotic dishes, semi-finished products Check for specific product requirements. Particular attention must be paid to production control and its documentation, preservation of documents confirming the quality of raw materials.

About alcohol trade

Let us remind you that alcoholic products include, among other things, beer, cider, mead and other drinks whose ethyl alcohol content is more than 0.5 percent of the volume of finished products (Article 2 of Federal Law No. 171-FZ).

In order to serve at least some of the above in a cafe, it is necessary Need a license! Requirements for an establishment and the procedure for issuing a license are established by regional legislation and acts of local authorities. A license is usually valid only in one region, and is issued for a specific premises and a specific organization. It is issued by a body such as the Ministry of Small Business Support or something similar (in different regions departments may have different names). A fee is paid for issuing a license - about 60,000 rubles per year.

Everyone has probably heard about restrictions on alcohol trade: age, time and territory.

The sale of alcoholic beverages is permitted only to persons over 18 years of age. There is a common myth that there are still restrictions associated with the age of 21, but in fact, the law does not provide for anything like that.

Sales area restrictions apply to:

• cultural, children's, sports, educational, medical institutions and adjacent areas;
• transport, stops, stations, airports;
• markets, places of mass gathering of citizens, locations of sources of increased danger,
• non-stationary retail facilities.

Important! The list of specific objects and places, the size of adjacent territories and measurement procedures are determined by regional and local authorities, so that each specific point can and should be pre-checked for compliance. Local officials also set time limits for the sale of alcohol in the region.

You will find all the details about the trade in alcohol in the Federal Law of November 22, 1995 No. 171-FZ “On state regulation of the production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products.”

In addition, you must always have everything for the alcohol sold. accompanying documents: certificates of conformity, declarations of conformity, markings, invoices, certificates, notifications, proof of payment of excise taxes (Article 10.2 of the mentioned Federal Law No. 171-FZ).

Very often conflicts arise between guests and restaurants. For example, they argue about who should pay for a broken glass. Some cafes have no problem pouring water for free, others refuse to do so. Some people allow dogs into the gym, others are categorical about this. What does the law say? For example, can you not be allowed into a public catering establishment if food and drinks are sticking out of your bag? How to check if the weight of a dish matches what is stated on the menu? Yulia Oshmyan, lawyer at the REVERA law firm, answers these and other questions.

Who is responsible for personal belongings?

Lawyer's answer: it depends on how their storage is organized.

If the establishment has a special place for storing personal belongings (wardrobe with numbers, cells with a key), then the seller is responsible for the personal belongings of clients left there. Moreover, not only in case of theft, but also damage.

Often in cafes and restaurants there is no wardrobe - in the hall there are only hangers or hooks for clothes. In this case, the owner is solely responsible for the safety of his belongings.

Does the establishment have the right to prohibit me from taking photographs?

Lawyer's answer: Taking photographs in public places is the constitutional right of citizens to receive and store information. Therefore, establishment owners cannot impose a ban on filming.

If there is no cash and the terminal in the cafe does not work, can I not pay?

Lawyer's answer: It is the buyer’s responsibility to pay for the order (Clause 1, Article 470 of the Civil Code). At the same time, stationary catering facilities are required to install and use payment terminals.

But the seller’s violation of his obligation to accept cards does not relieve the buyer from the obligation to pay for the goods. It doesn't matter here whether the terminal is missing or broken.

Can I go to the restroom of an establishment and not place an order?

Lawyer's answer: The establishment itself decides whether to allow strangers to use the toilet.

Previously, according to hygiene requirements, catering establishments had to equip public toilets or provide access to service rooms. But this obligation became only a recommendation after Decree No. 7 of November 23, 2017 No. 7 “On the Development of Entrepreneurship” came into force.

Should guests with dogs be allowed into the establishment?

Lawyer's answer: whether or not to allow visitors with animals is decided by the management of the establishment and stipulated in internal documents. The rules must be the same for all clients.

Legislative restrictions are prescribed only for production, auxiliary and sanitary premises.

Can I be turned away if I have food and drinks in my bag?

Lawyer's answer: Current legislation does not regulate the contents of hand luggage of visitors to cafes and restaurants, so the passage with their own products is not prohibited. But the seller has the right to prohibit the client from eating the products brought.

Can they not let you into a restaurant citing the dress code?

Lawyer's answer: the concept of a dress code is legal, but the conditions must be the same for everyone.

Service in public catering facilities from the point of view of law is retail trade. The seller is obliged to accept any buyer who approaches him and does not have the right to establish any preferences (clause 1 of Article 396 of the Civil Code).

At the same time, the terms of the public contract, with some exceptions, are established by the seller himself (clause 2 of Article 396 of the Civil Code). A catering establishment has the right to set conditions for serving customers.

They must be the same for everyone, approved, public and clearly understandable. Employees of cafes and restaurants do not have the right to arbitrarily determine requirements and unreasonably deny clients access. In a controversial situation, they are required to provide a document setting out the terms of service for visitors.

I got food poisoning in a cafe near my house. How to prove this?

Lawyer's answer: in case of poisoning, the client may demand compensation for damage caused to his health (Article 964 of the Civil Code), as well as moral damage (Article 968 of the Civil Code).

At the same time, there is difficulty in proving the occurrence of harm in a particular institution. In this regard, we can recommend the following:

- if signs of illness occur, immediately consult a doctor or call an ambulance;

— contact possible witnesses.

The fact of food poisoning must be confirmed by medical documents, and not by testimony, therefore it is necessary to contact a medical facility as soon as possible after the first signs of illness.

How quickly should they give me a complaint book and send me a response to my comment?

Lawyer's answer: The book of comments and suggestions must be presented upon request. When leaving an entry, the client indicates his postal address and other contact information.

Each proposal and comment must be considered no later than 15 days, and if the issue requires additional study and verification - no later than a month. Based on the results, a response is sent to the consumer, and a corresponding note is made in the book itself.

To check the authenticity of the book of comments and suggestions, you can enter its registration number and date of issue on the website blank.bisc.by.

Let us remind you that on September 15, the TUT.BY Poster application launched, where each participant has the opportunity to receive a paired ticket for the match (October 4, 10 p.m.). The lucky winner will receive free tickets. The winner will be announced on September 21st.

With the growing demand for public catering services, the quality of their provision in some cases causes complaints from citizens.

Therefore, consumers should be aware of their rights when using these services.

Relations in the field of protection of consumer rights in the provision of public catering services are regulated by the Civil Code of the Russian Federation, Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights” (hereinafter referred to as the Law on the Protection of Consumer Rights), Rules for the provision of public catering services, approved Decree of the Government of the Russian Federation dated August 15, 1997 No. 1036 (hereinafter referred to as the Rules).

All catering establishments are divided into five types: restaurant, bar, cafe, canteen, snack bar.

In turn, restaurants and bars, according to the level of service and the range of services provided, are divided into three classes: luxury, highest and first, which must meet certain requirements. Cafes, canteens and snack bars are not divided into classes.

Right to information

The following information is placed on the sign of a public catering organization: corporate name (name) of the organization; its location (address); type, class and mode of operation.

An individual entrepreneur must also provide information about state registration and the name of the registering body.

If the activity of the performer is subject to licensing (retail sale of alcoholic beverages), then he is obliged to provide the consumer with information about the number, validity period of the license, as well as about the authority that issued it, which is located in places convenient for the consumer to familiarize himself with (consumer corner).

The Contractor is obliged to bring to the attention of consumers in a clear and accessible form the necessary and reliable information about the services provided, ensuring the possibility of their correct choice.

The information should contain:

​ list of services and conditions for their provision;

​ prices in rubles and terms of payment for services;

​ name of the offered catering products, indicating the methods of preparing dishes and the main ingredients included in them;

​ information on the weight (volume) of servings of ready-made food products for public catering products, the capacity of consumer packaging for the offered alcoholic products and the volume of its servings.

​ information on the nutritional value of public food products (calorie content, content of proteins, fats, carbohydrates, as well as vitamins, macro- and microelements when added during the preparation of public food products) and composition (including the name of food additives used in the manufacturing process , biologically active additives, information on the presence of components in food products obtained using genetically engineered modified organisms).

​ designations of regulatory documents, the mandatory requirements of which must be met by public catering products and the services provided.

​ rules for the provision of public catering services.

The consumer has the right to obtain additional information about the basic consumer properties and quality of the offered catering products, as well as about the conditions for preparing dishes, unless this information is a trade secret.

How is information communicated?

Information about products and services is brought to the attention of consumers in Russian through menus, price lists or other methods adopted for the provision of such services. Moreover, the consumer should have the opportunity to familiarize himself with the information both in the hall and outside the service hall.

In the menu (wine list), the performer indicates the name of alcoholic products, the volume and price of alcoholic products in consumer packaging, if the performer offers and sells alcoholic products in consumer packaging, and (or) the name of alcoholic products, volume and price per serving not exceeding 1 liter alcoholic products (portion size is set at the discretion of the performer).

Procedure for the provision of services

The contractor is obliged to provide the service to any consumer who contacts him with the intention of ordering it, on the terms agreed upon by the parties.

At the same time, the contractor has the right to independently establish rules of behavior for consumers in places where services are provided (prohibition of smoking, prohibition of wearing outerwear and other rules that do not contradict the legislation of the Russian Federation).

Often, at the entrance to some public catering establishments, you can find an announcement about the right of security to refuse entry without explanation. This, in turn, limits the rights of consumers, because the establishment is obliged to provide its services to any consumer who applies, and the conditions must be the same for everyone. In addition, the visitor has the right to receive all necessary information, incl. and according to the conditions of entry into the establishment. Thus, the wording “without explanation” is contrary to the law. Information must be complete and must not be discriminatory.

Pre-order a table

All catering organizations have the opportunity to pre-order a table - the Rules for the provision of catering services allow this. It can be executed in writing, or through telephone, electronic or other communication. If money is charged for a “booking”, this is not against the law, but subsequently this amount must be credited to the order.

The preliminary order is formalized by a document containing such necessary information as: a) name of the performer; b) full name of the consumer; c) type of service, its price and payment terms; d) dates of acceptance and execution of the order; e) conditions for performing the service; f) liability of the parties; g) the position of the person responsible for receiving and processing the order; h) signature of the person who accepted the order; i) other information.

The moment and method of payment for services (preliminary, after selecting dishes, after meals, with or without advance payment, cash or non-cash payment) is determined by agreement of the parties.

When paying for an order, the consumer must be given a document confirming the deposit of money (cash receipt, invoice or others).

Services must certainly be provided to the consumer within the timeframe agreed upon with him (clause 18 of the Rules).

The consumer's right to refuse services

The consumer’s right to refuse the service he has ordered is enshrined in Art. 32 of the Law on Protection of Consumer Rights and paragraph 27 of the Rules. In case of refusal of the ordered service, the consumer is obliged to pay to the same restaurant the actual expenses incurred related to the fulfillment of obligations under the contract.

Thus, when concluding an agreement on the provision of services for organizing and holding banquets, public catering establishments do not have the right to include in its text a condition that if the consumer refuses these services, the prepayment amount will not be refunded. The contractor has the right to claim exactly the amount that covers his actual expenses in connection with the execution of this contract. Moreover, all expenses must be documented.

The consumer wants to weigh the dish

The Contractor is obliged to provide the consumer with the opportunity to check the volume (weight) of the products offered to him (clause 21 of the Rules). In order for the consumer to check the correct measure and weight of the purchased dish, appropriate measuring equipment (scales) must be installed in an accessible place.

Consumer rights violated

If the terms for the execution of a preliminary order for the provision of a service are violated, the consumer has the right, at his own discretion: a) to assign a new deadline to the contractor; b) demand a reduction in the price for the service provided; c) refuse to fulfill the contract for the provision of services.

If the consumer discovers shortcomings in the service provided, then, by virtue of clause 26 of the Rules, he has the right, at his choice, to demand: a) free elimination of the shortcomings of the service provided, including catering products; b) reducing the price of the service provided, including catering products; c) free re-production of catering products of appropriate quality.

Thus, if foreign objects were found in the dish (for example, flies, glass), then the consumer has the right to demand that the dish be prepared again, free of charge, of proper quality within the period stipulated by the service agreement, which was improperly executed (in other words, within the originally established period).

If the food is simply prepared poorly, then based on paragraphs. 2 clause 26 of the Rules has the right to demand the gratuitous elimination of deficiencies in the service provided, including public catering products (for example, reheat, cool, add salt, finish frying, finish cooking, etc.).

Among other things, the consumer has the right to refuse to fulfill the contract for the provision of services and demand full compensation for losses if, within the period established by the specified contract, the shortcomings of the service provided are not eliminated by the contractor. The consumer also has the right to refuse to fulfill the contract for the provision of services if he discovers significant deficiencies in the service provided or other significant deviations from the terms of the contract.

It must be remembered that the contractor is required to have a book of reviews and suggestions, which is provided to the consumer upon his request, and the consumer should obtain from the contractor a document confirming payment for the services provided (cash receipt, etc.).

It is best to make claims against the service provider in writing, in two copies, handing one of them to the provider against signature (or sending it by registered mail with notification and a list of the attachments).