Restaurant rights

What to do if you have a problem booking a table

I want to book a table, but my favourite restaurant doesn't accept bookings.

Restaurants do not have to accept bookings.

I've booked a table for two tonight but now realise I won't be able to make dinner. If I don't turn up, can they charge me?

Yes. Making a booking with a restaurant creates a contract, which places obligations on both parties. If you don't turn up, the restaurant can legitimately claim you have broken the contract and caused it to lose business.

If you realise in advance you won't be able to make it, let the restaurant know. They're unlikely to charge if you tell them in reasonable time.

We arrived late and our table was gone. Can the restaurant do this?

Yes, within reason. If you are significantly late, you have broken your contract with the restaurant. If you know you will be late, call ahead.

Even though we had a booking, the restaurant staff said there had been a mistake and wouldn't let us in. What can we do?

If the restaurant can't provide your table, then it has broken its contract with you. You can claim any expenses you have incurred, such as travelling costs, using a Disputes Tribunal if necessary.

Can a restaurant refuse to serve me because of how I look or what I’m wearing?

The restaurant manager wouldn't let me in wearing my jandals. Isn't this sort of attitude a bit old-fashioned?

Restaurants are allowed to be old-fashioned – they can set any codes of dress and behaviour they want. Provided the Human Rights Act is not breached, restaurants may impose conditions of entry.

Can a restaurant refuse to serve me based on race, religion, sex or disability?

No. The Human Rights Act prevents this kind of discrimination. If you feel you have been discriminated against, contact the Human Rights Commission.

I'm halfway through my meal and the maître d' asks me to remove my perfume. Can they do this?

Conditions of entry must be spelt out when you enter the restaurant – they can't be unilaterally introduced halfway through the meal. So, a restaurant would be within its rights to ask you to remove your perfume before you're seated. If they ask you the same thing when you're halfway through your meal, the restaurant's rights are less clear; although, if they're acting on another customer's complaint, they've got more of a leg to stand on. If you decide to leave or are asked to leave because of the request, you shouldn’t be charged for the food and wine you've already consumed.

Can a restaurant ban underage people?

The restaurant said, ‘No babies’. Can it do this?

Although the Human Rights Act bans discrimination on the basis of age, this does not apply to children aged under 16. A child can be prevented from entering a restaurant.

But the Act also bans discrimination on the basis of family status, which includes adults having responsibility for the care of children.

In effect, this means restaurants cannot refuse to let you in just because you have a baby or children with you.

However, if your children cause a disturbance, you can be asked to take them away.

I plan to take my daughter Janine, who is 16, out for dinner to celebrate her birthday. Is it OK if she has a glass of wine?

Yes. No age limit applies to purchasing alcohol in a restaurant, provided a parent or legal guardian is present and actually buys the alcohol, and you will be dining.

What to do if the food was substandard

What if the food isn't good enough?

The food must be acceptable for the circumstances. A cheap diner's fish of the day doesn't have to be as good as a five-star restaurant's. But some things should be right no matter what the price. A hot meal, for example, should be served hot. Complain as soon as you discover the problem. You can't eat the food and then refuse to pay.

Do restaurants have to cater for my allergy or food preference?

A restaurant or café doesn’t have to provide food that is gluten free or vegan, or free of common allergens like peanuts.

However, lots do because there is a growing demand for it.

What if the restaurant gave me something I said I was allergic to?

If a restaurant does provide allergen-free items, it has to give you the correct information about the food and make sure any claims it makes are true.

If it serves you something with an allergen in it, and you’re sick, the restaurant should provide a refund, replace the meal and provide immediate medical assistance.

If you’re not satisfied with those remedies, you can complain to the Ministry of Primary Industries, which may choose to investigate the business.

When I tasted the house wine, I realised I didn't like it. Can I reject it?

No. If you are offered a taste of the wine to check whether it is ‘corked’ (when air has got through the opening and turned the wine bitter) and it is, the restaurant should get you another bottle. If you ordered by the glass and the wine is clearly ‘off’, complain to the waiter. But if you just don't like the wine, that's too bad.

Can I bring my own wine or beer to a restaurant?

A fully licensed restaurant can refuse to allow you to bring your own wine. There should be no problem if the restaurant has a BYO (bring your own) licence.

The portions were too small and I'm still hungry. Do I still have to pay the full price?

Yes, unless you were specifically promised a particular amount of food and the restaurant didn't supply it.

I found a piece of glass in my food. What should I do?

If you have doubts about the edibility of anything you're served, send it back. The Food Act says any food on sale must be sound and fit for human consumption. You could also complain to the health protection officer at your local public health unit (call your hospital for contact details). They'll need a sample of the food, if they're to take any action.

Three of us ate the salmon mousse and now we've all come down with a bad stomach bug. What can we do?

Again, if you suspect the restaurant, contact a health protection officer through the hospital. They'll arrange tests and try to identify the source of the food poisoning, so they can protect others. You should also ask the restaurant for your money back.

If you are concerned about the restaurant's hygiene standards, contact your local council's environmental health officer.

What to do if the restaurant was rowdy

The table next to ours is so rowdy it’s wrecking our intimate dinner for two. What can we do?

Complain to a waiter or the restaurant manager. If you specifically asked to be seated in a quiet area and the restaurant accepted this condition, it must keep the noise level down. If you choose to leave, pay for what you have received.

People nearby are smoking. Are they allowed to light up at the table?

Under the Smoke-Free Environments Act, no smoking is allowed inside any part of a restaurant. A restaurant can provide an open area (outside) for smokers but it doesn't have to.

When can a restaurant turf me out?

A restaurant can ask you to leave at any time if you start acting offensively (like swearing, shouting or breaking things) or commit an illegal act.

What to do if the wait staff are rude or spill food or drink on you

The waiter is being incredibly rude. Can I complain?

Yes. Speak to the manager: it's part of their job to ensure customers are satisfied. If the problem isn't resolved, you should leave and pay what you think is reasonable under the circumstances.

To add insult to injury, the waiter has spilled red wine on my new white shirt. Is the restaurant responsible?

The Consumer Guarantees Act says service must be provided with reasonable skill and care. You can expect to be reimbursed for the cost of cleaning the shirt or replacing it if necessary.

What to do if the food doesn’t arrive on time

We told the restaurant we have a movie to catch, but the food still hasn't arrived. Can we leave without paying?

Yes. The restaurant should have provided your meal within the agreed time. Pay for anything you did receive on time.

Where no time limit was agreed, the Consumer Guarantees Act says the service must be completed within a reasonable time. What's reasonable depends on the circumstances – half an hour might be acceptable if you're waiting for a cooked meal, but not for fast food or a cup of coffee.

What if there are unexpected costs?

Is tipping required?

Tipping has become common in many restaurants, but you should not feel obliged to leave something extra. We think tips should be given for good service and not just because it is expected.

The corkage charge was $7 per person per bottle. Can they ask this much?

It depends on the circumstances. Corkage is a fee to help cover the costs of glasses, service, cleaning, the BYO licence and so on. If this charge is shown on the menu, then you must pay what's listed. If it isn't, you're required to pay only what's reasonable. We think $7 per bottle is probably too high; and $7 per person per bottle is far too high. If the menu doesn't state the price, ask.

The bill is a lot more than I expected, what can I do?

You can review the bill and double check the prices against what you expected.

Can a restaurant have a minimum charge regardless of what I buy?

Yes. Restaurants can set minimum charges. But they should make the customer aware of these.

What if there are problems paying the bill?

The bill has arrived, and they've added GST to the prices listed on the menu. Can they do this?

Not unless the menu clearly states GST will be added. Falsely representing the price of goods or services breaches the Fair Trading Act.

We were a group of 10 and wanted to pay individually. The restaurant wouldn't let us and would only give us one account for the whole group. Can it do this?

Yes. Most restaurants have signs up that let you know that this is their policy. If it's going to be an issue for your group, then phone to ask in advance whether the restaurant will let you pay individually.