Risk with rarities You have to pay for some wines in restaurants even if they are on tap

If you buy exclusive or rare wines in restaurants, you may be doing so at your own risk. The fine wines can be charged even if they are on tap.

If a wine is tapped, the restaurant is normally allowed to return it. But what if there is a note on the menu stating that guests must bear the risk of a wine fault themselves? Is that legal?

The SRF consumer magazine "Espresso" investigated this question. A visitor to an upmarket restaurant in Bern found a note on the wine list that made her wonder: "In the event of taps or wine faults, we have to charge the full price for this rarity. No risk, no fun."

Taps are defects

This note was on the menu for some high-priced wines, which cost several hundred to 5800 francs per bottle. According to "Espresso", it is perfectly legitimate for guests to bear the risk for luxury wines alone if the notice is listed separately and visibly with the wines in question. It is unlikely that a court will decide otherwise in the event of a dispute.

It is true that taps are considered a defect for which the restaurant is generally liable under the warranty. However, the restaurant can also waive the warranty. This practice is common for exclusive wines. Gastrosuisse also backs the restaurants: "Guests are free to decide whether they want to order this wine or not," the industry association is quoted as saying.

Risk with rarities

The operators of the family restaurant emphasize that they take back the vast majority of wines in the event of errors and that guests receive a new bottle. Only for a small percentage of wines, such as rarities, would the guests bear the risk.

"Taking the risk ourselves would not be economically viable for our small family business," says the owner. The guests who drink these rarities would take the risk and accept it. However, such a case has not yet occurred in the seven years of the restaurant's existence.