The court characterized the restaurant hospitality agreement as an “atypical contract” that obligates the establishment to provide not only food and drink but also a level of service appropriate to its category. In an upscale restaurant, this includes a swift and pleasant dining experience. A substantial delay, even on a busy holiday, breaches this contractual duty. The court found a price reduction of approximately 20% to be appropriate and dismissed the restaurant’s lawsuit to recover the withheld amount. This ruling underscores that the “service” component of dining is a core, legally enforceable element of the contract between a restaurant and its patrons. The case arose from a dispute between a restaurant (the plaintiff) and a customer (the defendant) following a lunch service on a major holiday. • Occasion: The defendant and several family members attended the plaintiff’s restaurant for lunch on December 25, 1972, the first day of Christmas. • Reservation: A table had been reserved several days in advance for 2:00 PM. • Service Delays: Despite the reservation and the guests’ punctual arrival, the service was severely delayed. The timeline of the service was as follows: • 2:00 PM: Guests arrived for their reservation. • ~2:30 PM: Waiters took the party’s orders. • ~2:45-3:00 PM: Drinks were delivered. • 4:00 PM: The main courses were finally served, two hours after the scheduled reservation time and what the court described as “coffee time” (Kaffeezeit). Nature of the Hospitality Contract The court defined the agreement between the parties as an “atypical contract”. It is not a simple sales, rental, work, or service contract but rather a unique agreement that incorporates elements from all these types. The act of making a table reservation was found to constitute a preliminary contract (Vorvertrag) that leads to the main hospitality contract. Contractual Obligations Beyond Food and Drink A central point of the ruling is that a restaurant’s contractual duty extends beyond the mere delivery of food and beverages. The guest pays for a comprehensive experience, which includes a level of service appropriate to the “style” (Zuschnitt) of the establishment. XXIX
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