Can you keep a deposit from guests who do not show up? Learn how the confirmatory deposit works under Italian law, when to use it, and how to communicate your policy clearly.
Five tables set for Saturday evening in Trastevere. Two do not show up, no message, no phone call. This scenario repeats every week in hundreds of Roman restaurants, and the question every restaurateur eventually asks is the same: can I charge guests who do not show up?
8-15%
average no-show rate in Italian restaurants
Yes, but with the correct legal structure. The most common route in Italy is the caparra confirmatoria (confirmatory deposit), governed by art. 1385 of the Civil Code. At booking time, the guest pays a sum (for example 20-30 euros per person). If they show up, the deposit is applied to the final bill. If they do not show up without cancelling within the agreed window, the restaurant keeps it by law. This is not a unilateral penalty: it is a bilateral agreement that both parties consent to at the time of booking.
The caparra confirmatoria differs from a contractual penalty clause. A penalty can be reduced by a court if deemed excessive; the deposit, once paid, is kept in full in case of default. For specific or complex situations, consult a legal professional.
The customer provides card details at booking time and nothing is charged immediately. If they show up, the card is never used. If they do not show up without cancelling by the agreed deadline, the restaurant charges the agreed penalty. This is the lightest option for the guest, but requires a digital payment system that supports card tokenisation and consent management.
The customer pays a partial sum immediately, typically 15-30 euros per person. The amount is deducted from the final bill when they show up. If they cancel within the agreed window, they receive a refund. If they do not show up without notice, the restaurant keeps the deposit. This is the solution with the strongest deterrent against casual bookings, and the most widely used among Roman restaurants that work with tourists.
Used mainly for tasting menus, New Year's Eve dinners, or special events. The guest pays the full menu price (or a first instalment) in advance, and the balance is settled on the evening itself. This effectively eliminates no-show risk for the most important events, where every missing cover carries the heaviest cost.
Not every restaurant needs to require a deposit for every reservation. The choice depends on the type of venue, seasonality, and clientele. Here are the cases where a deposit is almost always justified.
Clarity at booking time is everything. The guest must know how much they pay, by when they can cancel without losing the deposit, and how any refund is processed. A policy communicated transparently does not discourage serious customers: on the contrary, it filters out non-genuine bookings.
Example WhatsApp message to communicate the policy: "Hi [Name], your reservation at [Restaurant] for [Date] at [Time] for [N] guests is confirmed. To secure the table we require a deposit of [amount] per person, deducted from the bill on the evening. Free cancellation up to 48 hours before. Payment link: [link]."
Want ready-made WhatsApp templates to communicate your deposit or cancellation policy? Use our free WhatsApp template generator to create messages tailored to your restaurant.
A deposit works, but it is not the only route. For many restaurants with a loyal local clientele, the best approach is active prevention: WhatsApp reminders 24 hours and 2 hours before, an active confirmation request ("Reply Yes to confirm"), and a cancellation policy communicated clearly without requiring advance payments. These tools, applied consistently, reduce no-shows by 40-60% without adding friction to the booking process.
Want to calculate how much no-shows cost you each month? Use our free no-show calculator to estimate the real impact on your revenue.
Maestro automatically communicates your cancellation or deposit policy with every reservation, both by phone and via WhatsApp. If you decide to require a deposit for groups of 6 or more or for special evenings, the assistant communicates this in the natural flow of the conversation, sends the payment link, and the WhatsApp reminder 24 hours before. No additional burden on staff. Try the free 30-second demo.
Why we know this
Maestro handles daily reservations for Roman and Italian restaurants. The topic of deposits and prepayment comes up regularly in conversations with restaurateurs, especially in venues that serve full tables to tourists during peak season. The strategies described here are those we see used most successfully by our active customers, alongside publicly available reference regulations.