a contract term not individually negotiated with the provider of restaurant services. When booking a reservation, the customer is neither in the position to negotiate about the no-show clause nor is he or she objectively able to influence in any way its substance, particularly when dealing with online reservations via special intermediary platforms. Restaurant reservation contract is entered into by accepting the already published, earlier formulated, general terms and conditions meant for the conclusion of a large number of contracts with many persons intending to use restaurant services. It is a pre-formulated standard contract drafted in advance by the provider of restaurant services covering all the essential elements for the regulation of the legal relationship between the customer and the provider regarding reservations and the provision of restaurant services. In general conditions and terms, the provider unilaterally, and in conformity with his own cancellation policy, may also include the no-show clause to become a component part of the reservation contract. The provider, in advance and onesidedly, without any negotiation with the customer, decides whether a no-show fee will be paid, and if so, in what amount, under what conditions, whether a deposit is necessary, and the like. Since we here speak of a general contract term drafted in advance, such a no-show clause under the UCT Directive will always be considered as not individually negotiated.34 If all the preconditions for unfair contract term are fulfilled, the no-show clause included in the customer reservation contract will not bind the customer who, in the capacity of the consumer, concluded a restaurant reservation contract. Therefore, the provider of restaurant services, who within his reservation cancellation policy wishes to incorporate a no-show clause, must take into account the preconditions for its fairness. In that regard, the provisions of the UCT Directive on unfair contract terms are a very important model of how to formulate and make public a no-show clause which, in every concrete case, binds customers. First of all, when developing a no-show clause and concluding a reservation contract with a no-show clause, the provider of a restaurant service must act in line with the principle of fair dealing by taking into account the customer’s legal (legitimate) interests. Since no individual negotiations have been conducted, the provider of restaurant services must make sure that the one-sidedly imposed rules on the no-show fee are not too stringent, so that they do not aggravate the customer’s position.35 It is expected from the provider of restaurant services 34 Art. 3/2, UCT Directive. 35 In that regard see Rec. 16, UCT Directive where it is stated that “the requirement of good faith may be satisfied 125 NO-SHOW CLAUSE IN RESTAURANT SERVICE CONTRACTS
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