The seller is prohibited from dismissing the customer by pretexting obviously false reasons, with discriminatory criteria due to colour, gender and religion as provided in special law statutes90. Additionally, the restaurateur has an obligation to tolerate in the establishment the presence of these persons in emergency situations of danger91. 8.1.2. Multiple Counterparties As a rule, the agreement with the restaurateur may have been concluded with one customer, although more than one consumer arrive to receive the meal (and eventually pay, each one for their own part or one of them for all), but not always the genuine counterparty among them. Consequently, eventually, the ‘customer’ concluded a catering contract with the restaurant on behalf of all. In that case legally the ‘customer’ was their legal representative and they undertook in their name and on their behalf all the obligation and duties of the customer`s legal position, i.e. primarily to pay and moreover all the ancillary (often implied by the parties, or based on the good faith) duties of protection, disclosure etc. vis-à-vis the restauranteur and their legal interests, as property rights etc. See also the debate in UK Parliament on Clause 1-(Inns and Inkeepers), as debated on 11 May 1956 (available at https://hansard.parliament.uk/commons/1956-05-11/debates/ff684b6d-4888-435f-bd17-d6de11b81323/ Clause1%E2%80%94(InnsAndInkeepers, accessed 15 July 2025); Henry L. Molot, The Duty of Business to Serve the Public: Analogy to the Innkeeper’s Obligation, 1968 46(4) Canadian Bar Review 612, 1968 CanLIIDocs 46 (available at https://canlii.ca/t/t68k, accessed 15 July 2025). 90 See Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.07.2000, pp. 22-26) and Council Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/ EC (OJ L, 2024/1499, 29.5.2024), which has to be transposed into national law by 19 June 2026. Compare for the hospitality contract, in the German legal order the decision of the German Federal Court of Justice (BGH), of 09.03.2012, Nr. V ZR 115/11, Nos. 4, 6, 9, 14, 20, issued on the decision of Regional Appeal Court of Brandenburg, in Neue Juristische Wochenschrift-Rechtsprechungsreport (NJW-RR) 2011, 890 et seq.; similar the BGH decision of 27.05.2020, Nr. VIII ZR 401/18; compare in the Anglo-American case law, the cases Constantine v Imperial Hotels Ltd [1944] KB 693 (duty to provide reasonable accommodation, violation of a lawful prohibition); Bull and another (Appellants) v Hall and another (Respondents) [2013] UKSC 73, on appeal from [2012] EWCA Civ 83, No. 10 et seq., 71-72 et seq.; compare Frederick W. Peirsol, An Innkeeper’s “Right” to Discriminate, 15 Florida Law Review 109 (1962) (available at: https://scholarship.law.ufl.edu/flr/vol15/iss1/6, accessed 15 July 2025). Furthermore, refusing entry to the inn and service on racist grounds could be punishable by law: see in the Swiss legal order Art. 261bis para 5 of Swiss Criminal Code, Huguenin & Rusch, supra n. 19, Rz. 9 (in footnote 21). See in the Greek legal order, Law Nr. 4285/2014 “Adaptation of Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law, OJ L 328, 55 of 06.12.2008” (Government Gazette issue A` Nr. 191/10.09.2014). 91 Supra n. 87, 88, 89. In the Swiss cantonal legal orders, there is also a contracting obligation, especially in the canton of Solothurn and the canton of Geneva, see Huguenin & Rusch, supra n. 19, Rz. 9 on the so-called ‘Zutrittsrecht und Bedienungszwang’ or ‘Bewirtungspflicht’ (right of access and obligation to serve). 81 THE (RESTAURANT) CATERING CONTRACT IN TOURISM
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