Terms and conditions for a restaurant taking private bookings

A private booking fills a restaurant on the strength of a confirmation, and the terms are what make it enforceable when the numbers halve, the deposit is disputed or the group does not turn up. They have to fix the minimum spend, the cut-off for numbers, the pre-order, the allergens, and what exclusive hire means. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Restaurants, bars and cafés in England and Wales taking large table bookings, private dining, exclusive hire and event bookings from consumers and from businesses booking for staff and clients.

What matters in private booking terms

Deposits, minimum spend and the balance

The terms should state the deposit, whether it is deducted from the bill, the minimum spend for the space and what counts towards it, and when the balance or the minimum spend is payable. A minimum spend is a price term that must be transparent and prominent under the Consumer Rights Act 2015 to be exempt from the fairness test, so it belongs in the confirmation, not the small print. Under the Digital Markets, Competition and Consumers Act 2024 headline prices must include mandatory charges.

Numbers, the cut-off and no-shows

The terms should set a date by which final numbers are confirmed, say that reductions after it are charged at the agreed per-head amount or count towards the minimum spend, and provide a no-show charge for guests who do not arrive. A booking for a specific date is excluded from the fourteen-day cancellation right by regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, so your cancellation scale governs and must be fair.

Pre-orders, menus and allergens

Large bookings run on pre-orders. The terms should set the pre-order deadline, say that menus and prices may change with notice before the date, and require dietary requirements and allergies to be given by the organiser by a stated date, with the organiser responsible for collecting them from the group. You must give the allergen information the Food Information Regulations 2014 require; the terms should say how, and that requirements not notified cannot be guaranteed.

Exclusive hire, times and conduct

Where the whole venue or a room is hired, the terms should define the hours, the space, what staffing and service are included, whether external suppliers (cakes, entertainers, florists) are allowed, and the position on decorations and music within the conditions of your premises licence under the Licensing Act 2003. The organiser is responsible for the group's conduct and for damage, and the terms should let you end the event and ask guests to leave where behaviour is unacceptable.

Service charge, payment and business bookings

The terms should state whether a discretionary service charge is added, that it is discretionary if it is described as such, and bear in mind that the Employment (Allocation of Tips) Act 2023 requires service charges and tips to be passed to staff in full, and how the bill is settled: one bill to the organiser rather than split payments unless agreed. Businesses booking for staff or clients can be invoiced with interest on late payment under the Late Payment of Commercial Debts (Interest) Act 1998, and the terms should say that the business, not the individual who booked, is the customer.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Email me at geoffrey@caesar.co.uk with what you need and any documents, and I will confirm the scope and the fee in writing, usually the same working day.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

Twelve people did not turn up for a table of twenty. What can I charge?

If the terms set a final-numbers date and a no-show charge per head, or a minimum spend for the table, the shortfall is chargeable on that basis. The confirmation email should have stated it.

Can I keep the deposit if a Christmas booking is cancelled in November?

The terms can provide a cancellation scale that keeps the deposit, and more, for late cancellation in a peak period where the table cannot be resold. The scale should reflect what you lose and should be stated at booking.

Who is responsible for a guest's allergy in a group booking?

The organiser under the terms must collect and pass on requirements by the deadline, and you must give the allergen information the law requires. Where both happened and the dish was prepared with reasonable care, your position is strong; liability for your own negligence cannot be excluded.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a pub function room
• Terms and conditions for an event caterer

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.