the trader hides or provides, in an unclear, unintelligible, ambiguous or untimely manner, material information causing or likely to cause the average consumer to take a transactional decision that he would not have taken otherwise.50 Information on reservation cancellation policy, including the information on the obligation of paying no-show fees in the context of forbidden business practices, are undoubtedly qualified as material information of importance for making decisions on entering into reservation contracts with a particular restaurant service provider. Therefore, the providers of restaurant services, in any activity or communication with the customers in connection with reservations, including when advertising their services, are obligated to make sure that they transparently explain their reservation cancellation policy and in particular their intention to charge no-show fees. In the case of the contrary, it is possible that the service provider’s acting causes material distortion of the economic behaviour of consumers. IV. CONCLUSION Contracting a no-show clause in restaurant service contracts is, in practice, becoming an increasingly important instrument to regulate contract relations between customers and the providers of restaurant services in the context of the legal relations following the booking of restaurant reservations. No-show clauses may significantly contribute to the discipline of contractual parties and to an orderly fulfilment of their obligations, as well to a better revenue management of restaurants. Whether, by the application of no-show clauses, optimal effects for the contractual parties will be achieved primarily depends on the providers of restaurant services. The providers of restaurant services, in their general terms and conditions for the provision of their services, they independently define the content of the no-show clause, the conditions for its activation, its amount and the obligation of paying a deposit. It depends on the providers of restaurant services how, when stipulating their no-show clauses, they secure the protection of their own and the customers’ interests. However, the provider of restaurant services must also take into consideration the mandatory rules of EU law providing for the protection of the customer who, in the capacity of a consumer, 50 Art. 7/1,2, UCP Directive, For more see Guidance on the interpretation and application of Directive 2005/29/EC concerning unfair businessto-consumer commercial practices in the internal market, OJ C 526, 29.12.2021, pp. 49-59, published at https:// eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC1229(05) (accessed: 9/10/2025). 130 TATJANA JOSIPOVIĆ
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