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Landlord doesn't want split bills - are landlords allowed to do this?

Sep 5, 20253 min read

One table, one bill - that's it!

Who hasn't been there? The last bite has been eaten, the espresso is already half empty - and then it comes, the inevitable question: "Separately or together?" A restaurateur from Esslingen near Stuttgart now has a surprisingly clear answer: Pay separately? Only if you say so in advance!

Salvatore Marrazzo, operator of an Italian restaurant, has established a clear rule: There is one collective bill per table. He is fed up with waiters standing around discussing small bills. He makes it clear at the door, on the menu and online: if you want to split, you should say so right at the beginning.

And he is not only causing a stir in Swabia - but also a nationwide debate about what is actually allowed.

Wine, water, discussions - and an espresso is missing at the end

Marrazzo reports on a typical Friday evening: the restaurant is full, two waiters are blocked at tables because guests start arguing about who has drunk how much wine or whether their colleague will take their espresso. In the end, individual positions remain open - and the staff are forced to settle the dispute.

The landlord no longer wants that. Instead, he advocates an attitude that is common in southern Europe: the bill is put on the table and shared. That's it. Sounds pragmatic.

As consistent as Marrazzo's line is, a ban on paying separately is not legally tenable. The consumer advice center makes it clear that every guest concludes their own contract with the landlord - and is therefore only responsible for what they have ordered themselves.

Heike Silber from the consumer advice center explains: "Separate payment cannot be prohibited across the board, because it depends on who ordered what." In plain language, this means that if you only had the pizza, you don't have to pay for your colleague's wine - unless you sort it out between yourselves.

This may often be different in everyday life, especially for drinks or shared starters. But: From a purely legal point of view, the collective invoice is not mandatory - it is the restaurateur's wish, not a binding requirement.

Straight talk at the table - and preferably beforehand

The idea of creating more clarity and fewer discussions when paying is absolutely understandable. Service staff are not accounting software, and in practice the eternal disputing of small amounts is often really annoying - for everyone involved.

BUT: Anyone who tells guests that they have to "announce" separate payments in advance is legally on thin ice. There is no law that stipulates that you have to say in advance how you will pay. And if you spontaneously want to pay on your own, you can do that too.

Clear rules in restaurants are okay - as long as they stay within reason. If you want to pay separately, you can. And if you want to avoid discussions, you should simply say so in advance. This keeps things relaxed - for guests and staff.

Do you have problems with split bills? Book a legal consultation and get clarity about your rights. Act now!

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