Café Controversy: Customer Sues Over Forced Second Drink Policy in Mohammédia

Youssef El Assouli had an unfortunate experience in a café in Mohammédia. In a statement to Hespress, he recounts that he was in a café with friends, and that after about forty-five minutes, the waiter publicly surprised him by asking him to leave the premises or consume an additional drink, on the grounds that the authorized duration for sitting was only 45 minutes. The customer is taken aback: "The condition of a second drink was not notified to me in advance, and it was not displayed in the café or on the price list; which makes its sudden application against me an arbitrary behavior and contrary to the principle of good faith in the performance of the obligations stipulated by the Code of Obligations and Contracts."

Youssef condemns the way he was publicly confronted in front of his friends, as this, according to him, caused great embarrassment, harmed his dignity and social status, and inflicted obvious moral damage on him. He decides to file a complaint against the café owner. In this sense, he contacted a lawyer and filed a lawsuit with the president of the court of first instance in the city of Mohammedia, in order to "claim compensation for the moral damage resulting from the public humiliation."

"The decision to impose the consumption of a second drink after an hour or to leave the premises finds its justifications in the nature of the commercial activity of the café. [...] the café is a limited space, and if a customer remains seated with a single drink for long hours, he deprives other people of the opportunity to sit and consume," explains a café owner in the city of Mohammédia. He assures that the measure is not aimed at any particular category; but its purpose is to preserve the economic balance of the café. "The daily expenses, between rent, electricity and employee salaries, cannot be covered if customers are content with a single drink for a long time," he stressed.

He continued: "this decision becomes more urgent during peak hours, when the influx to the café increases." He also insisted that "sitting for long hours in exchange for a single drink disrupts the work of the team and creates a sense of injustice among customers waiting for a seat."

"The authorization received by the café owner grants him the right to provide a specific service in return for a fixed remuneration," said a member of the Moroccan Federation of Consumer Rights. According to his explanations, the authorization is essentially aimed at serving the customer in return for an agreed-upon remuneration, while respecting the legal aspect of the relationship between the two parties. As for the time spent in the café - whether it is an hour or less or more - he believes that it can have an impact on the economic aspect of the café owner, especially if he relies on the rotation of customers to ensure a stable income.

"Some cafes set a maximum stay duration in order to balance income with expenses; but they do not announce it in advance at the entrance or on the menu of drinks and dishes offered," he pointed out. "From a legal point of view, the café owner has the right to organize the service in accordance with the authorization; but he does not have the right to impose inappropriate conditions on customers, such as forcing them to consume another drink in a way that offends them, especially if the price of a single drink already provides him with a good profit," he continued.