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Your rights |
You are entitled to food to be provided with reasonable care and skill. What is reasonable will depend on the type of food outlet and price – but is usually a matter of common sense. You should complain at the time – otherwise it might be difficult to prove that you were unhappy with the food you received. Also this gives the restaurant a chance to put matters right or offer you a discount on your bill. Refusing to pay: You can refuse to pay because you believe the food was not of satisfactory quality. Whether it is reasonable to refuse to pay for all your food or just some will depend on what is fair and reasonable in the circumstances. If you refuse to pay you should explain the reasons to the restaurant and leave your name and address. If the restaurant puts pressure on you to pay you should write on the back of the bill that you are "paid under protest". Claiming a refund: If you were not able to deal with not paying at the time, then you can still send a written complaint afterwards asking for a refund of all or part of the cost. Law: You have a contract with the hotel or restaurant. They provide the food. In exchange you pay the agreed price. Consumer Rights Act 2015 says that it is part of that contract that the food served would be provided with reasonable care and skill. If they do not carry out their part of the deal you’re entitled to receive compensation or money off for their failure. Food poisoning or poor food standards: You can also report the establishment and incident to your local environmental health service, as this may pose a health risk and be a criminal offence under the Food Safety Act if the food is unfit for human consumption. If you suffered from food poisoning after the meal you are entitled to claim that the food was negligently prepared resulting in your illness. As a result you can claim for your pain and suffering and extra expenses and losses that leave you out of pocket. Did you pay by Credit Card?
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What do you have to prove to bring a claim? |
Unsatisfactory meal: You need to show that the food was not provided with reasonable care and skill – spoiling your enjoyment. Thi sis usually possible with one or more of the following::
Food poisoning: Here you have 3 things to prove: 1: You will need to prove that you became ill - usually by seeing your GP and giving a sample –this can later be compared to samples taken at the restaurant. It also helps if you keep a diary of your pain and suffering. A report is usually needed to make sure you receive full compensation that includes any long term consequences of your illness.
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What can you claim? |
1: A refund (or money off) of all or part of the cost of the food. 2: If the meal was part of a bigger event, such as a family celebration, then it may also be reasonable to claim compensation for spoiling that memorable event. 3: If you had to pay for additional expenses as a direct result, then you are entitled to get your money back (you will need to show your expenses are reasonable and you’ll usually need to provide receipts to prove the cost to you). 4: With food poisoning you can also claim compensation for your pain and suffering as well as your additional expense such as medicine and time of work. We can give you guidance on valuing this when you get in touch.
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What is the deadline for starting a restaurant claim at court? |
This is a complicated area of law where you will need specific advice. But very generally you have 6 years to start a claim for breach of contract in the courts of England and Wales. With food poisoning cases they count an injury claim and the general rule is 3 years (but it does vary in some circumstances).
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Disclaimer reminder
Please note: To give you general information about your dispute, the information given here is a simplification of a complex area of law and cannot be relied upon. Before taking action please use our Small Claims service to get specialist legal advice on your specific circumstances. See the full terms and conditions of this website