and the consequences and potential risks if the service provider invokes the no-show clause.45 It is extremely important that at the time of booking the reservation, the consumer gets clear information about when the no-show clause will be activated, how the service provider will charge the no-show fee, until when it is possible to cancel the reservation free of charge and whether it is possible to pay a deposit. If the no-show clause is unintelligible regarding any of these aspects, there is a possibility or a well-founded suspicion that the no-show clause is unfair or that there is a formal imbalance in the rights and obligations of the parties. The circumstance that the no-show clause is intelligibly drafted, draws to a conclusion that when drafting it, the service provider has acted without good faith and without taking into account the legitimate interests of the consumer. 3.4. No-show clause and unfair commercial practices Failure to properly inform of the obligation to pay the no-show fee may constitute unfair commercial practice banned by Directive 2005/29 concerning unfair business-to-consumer commercial practices (hereinafter: UCP Directive).46 Commercial practice shall be unfair if it is contrary to the requirements of professional diligence and it materially distorts, or is likely to materially distort, the economic behaviour regarding the product (or service) of the average consumer who it reaches or to whom it is addressed.47 Accordingly, unfair commercial practice is primarily any misleading omission of material information that the average consumer needs for making an informed transactional decision.48 Among all other things, as material information essential for the decision on the transaction, the UCP Directive sets forth the main characteristics of the product, identity of the trader, the price, the payment, delivery and performance arrangements, products and transactions involving the right of withdrawal or cancellation, the existence of such a right, et al.49 Unfair commercial practice is involved if the absence of such information causes, or is likely to cause, the average consumer to take a transactional decision that he would not have taken otherwise. Unfair commercial practice exists even when 45 On the transparency requirements see Guidance on the interpretation and application of Council Directive 93/13/EEC on unfair terms in consumer contracts, OJ C 323, 27.9.2019, pp. 26, 27 and the case law of the European Court of Justice cited. 46 OJ L 149, 11.6.2005, pp. 22–39. Current consolidated version (28/05/2022) see at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02005L0029-20220528 (accessed: 7/10/2025). 47 Art. 4/1, UCP Directive. 48 Art. 7/1, UCP Directive. 49 Art. 4/4, Art. 7/4, UCP Directive. 129 NO-SHOW CLAUSE IN RESTAURANT SERVICE CONTRACTS
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