Service as a Core Component The service must be as swift (zügig) as the nature of the ordered items requires. Upscale Establishments The court explicitly noted that in an upscale restaurant (Lokalen der gehobenen Kategorie), the customer pays for more than sustenance. They are purchasing the “relaxing enjoyment in a pleasant atmosphere” (erholsamen Genuß in angenehmer Umgebung). Finding of Defective Performance The court determined that the plaintiff’s service was contractually “deficient” (mangelhaft) due to the extreme delay. • The two-hour wait for the main course was characterized as “extraordinarily delayed” (außerordentlich verzögerlich). • The court considered aggravating factors that made the delay less excusable: • The party had ordered from the set daily menu (Tageskarte), not complex à la carte items. • The restaurant’s own reservation system (offering slots at 12:00-12:30 or 2:00 PM) implied an expected total dining duration of approximately 1.5 hours. • While acknowledging the holiday rush (Festtagsandrangs), the court concluded the delay was so significant that it could no longer be considered within the scope of normal operations. Justification for Price Reduction Based on the finding of defective service, the court affirmed the defendant’s right to reduce the payment. • Legal Basis: This right was derived from the “fundamental idea” (Grundgedanken) articulated in the German Civil Code (BGB) regarding defects in sales (§ 462), leases (§ 537), and work contracts (§ 634). • Proportionality: The guest is entitled to reduce the bill in proportion to the difference in value between the service that was promised and the deficient service that was delivered. • Assessment of the Reduction: The court found the defendant’s reduction of 28.90 DM (approximately 20% of the total bill) to be “appropriate” (angemessen). It further commented that, considering the inconvenience suffered, the reduction could even be seen as “low” (gering). XXX
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