As restaurants struggle to meet the demand for tables in the run up to Christmas there's a fair chance that going for a meal will not be the pleasurable experience you had expected. If things do go wrong don't bite the bullet. Speak up, otherwise you stand no chance of putting the matter right, and food and service in British restaurants will never improve.
The law says food and drink served in a restaurant must be of satisfactory quality and as described on the menu. This means all food should look reasonably presentable and taste good. If it does not, the restaurant is in breach of contract and you can ask for it to be changed or refuse to pay for that particular course.
Similarly if the menu says the fish is fresh or the mushrooms are wild when they patently are not, you are within your rights to speak up and complain. When something is wrongly described on the menu you can refuse to pay for it and may be entitled to further compensation for disappointment and loss of enjoyment.
Over Christmas there's a chance restaurants will take bookings for too many sittings in the course of an evening or lunch-time. But it's part of your contract with the restaurant that the waiter will be reasonably courteous and efficient. So you should not be rushed through your meal unless you were told in advance you could only have the table for a fixed time.
Moreover, if the waiter is rude, unhelpful or careless by spilling food on your clothes, for example, the restaurant is in breach of contract. In these circumstances you can refuse to pay the service charge added to your bill. You are also entitled to claim the cost of having your clothes cleaned if the food is negligently spilt on them.
On the vexed question of service charges, if the menu indicates they will be charged then generally you must pay. You do not have to pay for service though if it is described as optional. And you must not be pressured into paying if, for example, the restaurant leaves the credit card slip open. Moreover, and this is something a lot of people fail to realise, you do not have to pay for unsatisfactory service even if it is included.
Don't make a booking unless you are absolutely sure you want the table. This is because when you book a table you enter into a legally binding contract with the restaurant. If you change your mind and cancel the booking for any reason whatsoever you are in breach of contract.
The restaurant must make very effort to find other customers to take your place. And this shouldn't be too difficult at this time of year. But if they are unable to do this you could be made to pay the restaurant compensation for their loss of profit on your booking. And if you paid a deposit in advance you will forfeit this automatically whether or not the restaurant finds replacement customers.
It works both ways though so if you booked a table that did not materialise you are entitled to compensation. Obviously you should get your deposit back as well as your expenses travelling to an alternative venue. Importantly though you can also claim for disappointment and inconvenience for each person in your party. You can get more for this if the table was booked for a special occasion such as a Christmas party.
So if things go wrong it's important not to be embarrassed about complaining. You must speak up so the restaurant has an opportunity to put things right. Ask to see the manager if the waiter won't deal with the problem. If you still cannot get satisfaction, deduct what you consider to be a reasonable amount from the bill. Or if you are worried about creating a scene in front of others, make plain you are paying under protest and write this on the back of the cheque when you pay. Follow this up with a letter to the restaurant claiming compensation as soon as possible.