incur for the appropriate performance according to the contract. However, should the customer/consumer leave without taking the meal with them, then they are falling into the legal position of default of the creditor, irrespective of fault227. As an effect of the creditor`s default, the restaurateur is not relieved of their obligations, i.e. they are obliged to perform also when the customer returns or requests it. Thus, it doesn’t mean that now the meal belongs to the restaurateur and that they may decide to offer and sell it to someone else, even when the buyer and customer/consumer haven’t yet paid for it (as the meal is expected to be paid at the same time with the delivery)228. Indeed, the restaurateur cannot resell it, even if the time of payment is agreed to be before the delivery of the meal, time in which the customer falls into the debtor’s default for their financial obligation229. The restauranteur is not even allowed to donate the meal gratis to someone else230, unless the nonacceptance of the meal by the consumer is to be interpreted as actus contrarius or a withdrawal, which, in any case, requires the consent and will of the customer. 8.6.3. Avoidance of Payment of Consideration If the customer deliberately tries to avoid payment for the meal, they breach their contractual obligation. The order must have already been delivered to the customer and following request from the contracting party, they refuse to pay the consideration231. 227 In general, there is no obligation of the customer to accept the (even effectively and appropriately) delivered performance, as this is not an essential legal obligation arising from the legal type of sale contract or contract for work, unless this has been agreed as a primary obligation or unless it can be inferred as such as an obligation arising from good faith (naturalia negotii). See above, chapter 8.2., supra n. 130. 228 However, during the creditor`s default, the debtor/provider is liable for a lesser degree of fault (is not responsible for slight negligence) and may claim custody/storage fees and expenses for maintenance/preservation of the object which is due and also the expenses they have incurred from the ineffective tender of performance. See above, chapters 8.2., 8.6.1. supra n. 131, 223. Christodoulou, supra n. 53, § 5 I E 5 (a) and (b). See Art. 355, 358 and Art. 349 et seq. GCC, §§ 292-304 BGB, Art. 91-95 OR, §§ 1419 et seq. ABGB, Art. 1345 et seq. cc, Art. 1206-1217 CC. 229 See ibid.; Christodoulou, supra n. 53, § 5 I 3 (a) and (b) 230 The meal must not be resold unless the necessary health regulations have been observed, according to the basic Greek regulatory act, the Code of Foodstuffs, Beverages and Objects of Common Use (“Food and Beverage Code”), which was introduced in 1971 and codified by the Ministerial Decision 1100/1987 (Government Gazette, issue B`, Nr. 788/31.12.1987), subject to numerous amendments due to permanent developments in EU and international law, containing general-horizontal and product specific-vertical provisions. 231 If the customer refuses to give their personal details and attempts to leave without having paid the consideration for what they consumed, the restaurateur may detain them and prohibit their exit from the establishment until the competent law enforcement authorities arrive. This is a specific application of the provisions regarding self-help (see Art. 282 GCC, Art. 52 III OR, Art. 701 ZGB, § 229 BGB, § 1306a ABGB, Art. 2044-2045 CC). In any case, a guest can generally withhold payment of the invoice (see Art. 325 GCC, § 273 BGB, § 471 ABGB, Art. 3:290 et 107 THE (RESTAURANT) CATERING CONTRACT IN TOURISM
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