establishments constitute rules of public order, so that they cannot be excluded by private agreement37. According to that, there are special prerequisites to be met in order for the restaurants to operate38,39: every establishment owner who operates a restaurant business must obtain an operating license for the business40, which is issued following authorization by the competent authorities41 and also, special records (archives) must be kept as in all food, beverage establishments, and hotels and other related businesses42. 6.2. Public Health Provisions on Catering In the case of the above-mentioned as being more prominent tourism contracts43 than the catering contract, it may be that the nature of their subject and their content (i.e. sale, services etc.) are determined by the parties, but none are related to ius cogens provisions of public health character more than the (restaurant) catering contract44: For restaurant entrepreneurs, it is necessary catering companies, such as fast-food stores, restaurants, cafes, bars, entertainment centers, canteens, but also hygiene relevant service providers (hairdressers, gyms, etc.) 37 See in Greek Law, Symboulio tis Epikrateias (Greek Supreme Administrative Court) decision No. 1654/1996, Dioikitiki Diki [= Administrative Process] 1996, 867 et seq. 38 Under Greek Law operating hours and the use of music is adjusted based on the time schedules issued by the respective local Municipal Councils. However, notification of music use to the Municipality and licensing for this are necessary, see the legal frame above, supra n. 36. Exceptionally, for establishments of public health interest operating within the premises of main tourist accommodation facilities, as well as for special tourist infrastructure facilities referred to in para 1 Nr. 1 lit. a, b and para 2, respectively, of Article 1 of Law Nr. 4276/2014 “Simplification of procedures for the operation of tourism businesses” (Government Gazette, issue A` Nr. 155/30.7.2014), as applicable, including swimming pools, the competent authority for granting the relevant establishment and operating licenses is the Greek Tourism Organization (GTO), so the Art. 80 para 8 of Law Nr. 3463/2006 (supra n. 36). 39 Under Greek Law, a price list (inclusive VAT on the prices) has to be displayed in a clearly visible place on the outside of the main entrance of the establishment and to be presented to the customer before they make their order. At the same time, a complaint box and complaint form must be placed next to the exit of the establishment. See Art. 67 para 5, 69 et seq., 76 of the Ministerial Decision 91354/2017 “Codification of Rules for the Distribution and Marketing of Products and the Provision of Services” (Government Gazette issue B` Nr. 2983/30.08.2017). On all sides of the establishment in a visible place there must be written “Smoking is Prohibited”. Also, a sign must be posted at the entrance highlighting the prohibition of alcohol consumption by minors. See Art. 3 para 1 lit b of Law Nr. 3730/2008 (Government Gazette issue A` Nr. 262/23.12.2008), as amended with Art. 6 of Law Nr. 4633/2019 (Government Gazette issue A` Nr. 161/16.10.2019). Especially for the protection of minors from tobacco and alcoholic beverages see Art. 1 of Law Nr. 3730/2008 (Government Gazette issue A` Nr. 262/23.12.2008), as amended by the Art. 3 of Law Nr. 5216/2025 (Government Gazette issue A` Nr. 118/07.07.2025). 40 Apart from a technician’s safety certificate, as well as health certificates. See Art. 6, 8 of the Ministerial Deci�- sion Υ1γ/Γ.Π/οικ. 47829/21.06.2017 (supra n. 36). 41 For authorization by the competent authorities, under the Greek Law, supra n. 38. 42 For example, personnel records, water record, cleaning/disinfection records, pest control/rodent control records, temperature record, raw materials records, suppliers’ records, cooking oil management records. See Art. 6, 8 of the Ministerial Decision Υ1γ/Γ.Π/οικ. 47829/21.06.2017 (supra n. 36). 43 Supra n. 21-24 (i.e., the hospitality contract, the hotel contract, the package travel contract, the conference and forum services contract etc.). 44 It may be that specific regulations of hospitality contract are of public character: For the so-called hospitality 69 THE (RESTAURANT) CATERING CONTRACT IN TOURISM
RkJQdWJsaXNoZXIy MTE4NzM5Nw==