the dishes are supplied, and the services are provided, as well as the equipment used for meal preparation to produce the promised result129, must also be in good condition. Furthermore, the restaurant owner is obliged to carry duties of care, safety, disclosure etc. either agreed or implied (resulting from good faith principle). The customer on the other hand has the obligation to pay the consideration and to respect the space they occupy; thus, they are obliged accordingly to carry duties of care, safety etc. either agreed or implied (resulting from the good faith principle). Further, the customer has the obligation to receive the performance of the order or has simply the right (and no obligation) to do so, irrespective of the essentialia negotii of the type of contract in each different case130. Should an obligation (to receive the performance) be accepted and the customer violates it (non-show), thereafter the customer is at the same time a debtor in default for their financial obligation and a debtor in default as far as the characteristic performance of the restauranteur has to be received. The same facts (case of non-show) activate for the customer regarding the provisions for creditor default (even if he is not obliged to accept the performance), as he becomes a defaulting creditor, since the offer is appropriate131. Another characteristic contractual element that determines the quality of an establishment and its conformity with the contract is the readiness of the restaurant`s personnel to address customer needs, which may continue throughout the duration of the meal132 and not simply with the order or only at the time of serving (see below under chapter 8.3.). Additionally, the continuous exchange of services establishes a stronger bond between the contracting parties, resulting in greater commitment from good faith and a duty of care in the transactions (see below under chapter 8.4. and 8.6.1.). 8.3. Duration as Contractual Element 129 The place for performance in the catering contract (the restaurant) is fixed or can be deduced from the circumstances (the restaurant itself or the delivery place) either for not-monetary performance or for monetary one, see Art. 321, 322 GCC, § 269-270 BGB, Art. 74 OR, §§ 1413, 1420 ABGB, Art. 1243-4 cc, Art. 1182 CC. 130 Compare on the one hand Art. 513 GCC according to which the buyer in Greek legal order has no duty only a right to receive the sold thing so they could become only as creditor in default and on the other hand § 433 II BGB, according to which the buyer in German legal order has a duty to receive the sold thing. 131 For creditor`s default compare Art. 349, 353, 354, 355, 358 GCC, §§ 292-304 BGB, Art. 91-95 OR, §§ 1419 et seq. ABGB, Art. 1345 et seq. cc, Art. 1206-1217 CC. See Christodoulou, supra n. 53, § 5 I E 3 and 5; Stathopoulos & Karampatzos, supra n. 10, Nos. 270, 272-278 (default of debtor), Nos. 286-290 (default of creditor). 132 Huguenin & Rusch, supra n. 19, Rz. 7. 90 APOSTOLOS TASSIKAS
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