In short
- For catering on a fixed date there is no 14-day right of withdrawal: the cancellation clauses you sign are what apply.
- Find out whether you are paying an acconto (advance) or a caparra (deposit with legal consequences): the effects are different.
- Set down in writing the minimum number of guests, the date for the final number, the hours of service and the weather plan B.
- Ask for the menu and allergens to be attached to the contract, not just mentioned in an email.
You have found the caterer, the tasting went well and the contract arrives. This is the moment to slow down. The most expensive surprises are not in the menu, but in three or four clauses that are easily skimmed. This guide sets them out in order, with the general rules to know and the questions to ask.
A word of caution: what follows is general guidance, not legal advice. For high-value contracts, such as a wedding, having a professional read the text is a reasonable expense.
Withdrawal: why the 14 days do not apply
Many people think they can change their mind within two weeks, as with an online purchase. That is not how it works for catering. Article 59, paragraph 1, letter n) of the Consumer Code (Legislative Decree 206/2005) excludes the right of withdrawal for catering services when the contract sets a specific date or period of performance.
In practice: once you have signed the contract for your Saturday in June, the only ways out are those written into the cancellation clauses. That is why they must be read beforehand, not afterwards.
Acconto, caparra and penalties
Acconto or caparra?
The word used in the contract changes the consequences.
| Item | What the law generally says | If you cancel | If the caterer cancels |
|---|---|---|---|
| Acconto | An advance on the price | As a rule it must be returned, unless penalties are provided for or damages are proven | It must be returned |
| Caparra confirmatoria (art. 1385 of the Civil Code) | A guarantee of commitment | The caterer may keep it | You can claim twice the amount |
| Caparra penitenziale (art. 1386 of the Civil Code) | The price of the right to withdraw | You lose it, but you may withdraw | It returns twice the amount |
If the contract only says "deposit" or "advance", ask for it to be clarified which of the three it is. There is also a section on this topic in the guide on how to choose a caterer.
Cancellation penalties
Many contracts set penalties that rise as the date approaches: a percentage of the total if you cancel months ahead, a higher one a few weeks before. Each caterer sets its own percentages. Check three things:
- the time thresholds: from when each penalty applies;
- the basis of calculation: the quoted total or the minimum number of guests;
- what happens if the caterer cancels (closure, double booking, force majeure).
Under article 1384 of the Civil Code, a court may reduce a penalty that is clearly excessive. It is better not to get that far: negotiate beforehand.
Numbers: minimum guests and the final number
This is the clause that weighs most on the final bill.
- Guaranteed minimum number. Many caterers set a minimum number of guests to be invoiced. If you fall below it, you still pay the minimum.
- Date for the final number. Usually a few weeks before the event. After that date, the number can go up (sometimes with a supplement) but not down.
- Tolerance. Some contracts allow a small variation at no cost. Ask whether there is one, and how much.
- Children, staff and suppliers. Check how they are counted: reduced price, dedicated menu, age limit. Photographers and musicians eat too: the staff menu must be written down.
For a wedding in Rome in May or September, RSVPs often come in late. Set your guests' reply deadline a few days before the date in the contract.
Hours of service, staff and extras
"Service included" is not enough. Have the following written down:
- the number of staff per role (waiters, cooks, bartenders, maître d');
- the start and end times of service, including set-up and breakdown;
- the cost of an extra hour, per staff member or as a flat rate;
- what hire includes: table linen, tableware, glasses, tables, chairs;
- drinks: which labels, how many bottles, open bar or not, and any corkage if you bring your own wine.
The guide to catering extra costs lists the items that most often appear only on the invoice.
Weather plan B
In Rome, from May to September, many events are held in gardens, villas or on terraces. Late-summer storms arrive quickly. The plan B must be written into the contract, with:
- where the service moves to (indoor room, portico, gazebo);
- who puts up the cover and how much it costs;
- by when the decision is made (the day before, the same morning);
- who decides: you, the caterer or the venue.
If the cover is hired, ask whether it has to be booked in any case or only if it rains. Often it has to be reserved regardless. Read more in the guide to catering outdoor events in Rome.
Menu, allergens and food safety
The agreed menu should be a signed annex to the contract. If it changes, the update must be in writing.
For guests' allergies, Regulation (EU) No 1169/2011 requires anyone serving food to provide information on the 14 allergens even for unpackaged dishes. Ask for:
- the allergen matrix for your menu;
- how they handle dedicated dishes (separate preparation, labelling, service to the right table);
- for coeliac disease, which procedures they use against cross-contamination.
The caterer must apply a self-monitoring plan based on HACCP principles, as required by Regulation (EC) No 852/2004. It does not need to be attached to the contract, but you can ask for confirmation that it exists. For special diets, read the guide on special diets and catering.
Payments, invoice and insurance
- Payment schedule: deposit, any instalments, balance (before, on the day or after the event).
- Methods: bank transfer, card, and who the invoice is made out to.
- VAT: ask whether prices include or exclude VAT. Food and drink served with service is normally charged at 10%, but check with your accountant if in doubt.
- Insurance: ask whether the caterer has public liability insurance and what it covers (damage to the venue, food poisoning, staff injuries).
- Damage and breakages: who pays for broken glasses or stained tablecloths. The contract often sets a cost per item.
Questions to ask the caterer
- Is what I am paying an acconto or a caparra? Will you write it in the contract?
- What penalties do you apply if I cancel, and from what date?
- What happens if you cancel, or if the event falls through due to force majeure?
- What is the minimum number of guests invoiced? By when do I give you the final number?
- How many staff will there be, in which roles, and until what time?
- How much does an extra hour of service cost?
- Is the weather plan B included? Who decides, and when?
- Will the menu and allergen matrix be attached to the contract?
- Do you have public liability insurance?
- How do you handle breakages and damage to equipment?
Before signing
Read the contract calmly, at home, alongside the quote. Every item in the quote should appear in the contract, with the same figures. If something does not add up, ask for a written correction. The guide on how to read a catering quote helps you make this comparison.
If you are still choosing, compare the wedding caterers or the full list of caterers, and once you have a date, guests and area, request a quote from several caterers.
Sources
- Italian Civil Code, arts. 1382-1386 (penalty clause and caparra), on Normattiva: https://www.normattiva.it
- Regulation (EU) No 1169/2011, EUR-Lex: https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX:32011R1169
- Regulation (EC) No 852/2004, EUR-Lex: https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX:32004R0852
