At the pre-contractual stage and the stage of conclusion of the contract, applicable are not only the principles of freedom of contract and private autonomy, as an eventual refusal to conclude a contract must be done in a manner that is not offensive to the customer and violating, in this way, their right of personality. An obligation to conclude the catering contract is also established in cases of mandatory contracts imposed according to the theory of “forced” or “compulsory” contract. The reservation of tables in a restaurant constitutes not simply a duty of propriety but is often a type of preliminary agreement that is at first fulfilled with the conclusion of the restaurant catering contract. If the performance of the preliminary agreement, i.e. the conclusion of the main restaurant contract is not possible, the general provisions for debtor’s liability for impossibility of performance apply. In case of reading and ordering through the price list the conclusion of the restaurant contract comes upon acceptance of the customer’s order by the restauranteur. Before acceptance, the customer has no right to demand performance of the catering contract, simply because a proposal is written in the price list (menu). In the core of the duties and the rights of the catering contract, the restaurant owner has the obligation to deliver meal and drinks within a reasonable timeframe and without actual defects. The customer on the other hand has the obligation to pay the consideration and to respect the space they occupy; both the counterparties are obliged accordingly to carry duties of care, safety etc. either agreed or implied (resulting from the good faith). Among the irregularities in contract performance, and taking into account the parameter of the long waiting duration for performance and the delay in the special case of relative fixed contracts, the defect performance in delivery the order by the restauranteur could vary from a defect performance in delivery the order to an error in performance (aliud or minus). Lacking at any special hierarchy of remedies important is the withdrawal according to general provisions as a locus communis in onerous bilateral contracts, as due to the continuous character of the contract, if it is not performed, the substance of performance is useless to the creditor (customer). Moreover, in a situation such as a debtor being in default, the restauranteur’s contractual liability and relative claims for the customer are combined with the particular protective provisions of the consumer protection law, i.e. safety of products and liability for the producer of defective products, consumer contracts concluded off-premises and distance consumer contracts, liability of the supplier of services. 113 THE (RESTAURANT) CATERING CONTRACT IN TOURISM
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