FiveStar

Refusing a glass of tap water at a hotel might seem trivial. Yet in Italy, this situation sparked a seven-year legal proceeding. A guest challenged the repeated refusal by a five-star establishment to serve her tap water during her stay. The case eventually reached the country’s highest court, which ruled in favor of the hotel. At the heart of the matter lay a simple but explosive question: should water be considered a right in hospitality?

A Christmas Stay That Turns into Litigation

The facts date back to the Christmas period of 2019. The guest stayed at the Sassongher, a five-star hotel located in the municipality of Badia in the Italian Alps, from December 26, 2019, to January 3, 2020. She booked a half-board plan for 5,712 euros, including breakfast and evening meals, but not beverages.

During dinners, she repeatedly requested tap water. According to case materials, staff consistently refused and offered only bottled water, priced at around 7 euros for 0.75 liter. The guest even stated that she was willing to pay a possible service surcharge to obtain tap water, but to no avail.

From this situation, she initiated legal proceedings, seeking about 2,700 euros in compensation for economic harm and moral distress. She argued that access to water should not be treated as an ordinary consumer good within a hotel establishment.

In court documents cited by the tribunal, she maintained that “water is a natural good and a universal human right of every individual, and that providing free of charge a minimally vital quantity necessary to meet essential needs must be guaranteed, even in the case of arrears”, according to the judgment. She also compares this principle to basic services expected in a hotel room, such as bed linens or soap.

Her appeal was initially rejected by a court in Rome, then by an appellate court. She therefore decided to bring the case before the Italian Court of Cassation, the country’s supreme judicial authority.

Italian Law and Table Etiquette

The highest Italian court ultimately confirmed the prior decisions. The judges found that no national law obliges establishments to serve tap water to customers. In other words, this is a choice left to the discretion of restaurateurs and hoteliers.

The hotel’s lawyer, Silvio Belardi, summed up the court’s position by stating that “there is no obligation to provide tap water”. The establishment in question said it would respect the Court of Cassation’s decision, offering no further comments.

Beyond the individual case, the matter sheds light on persistent cultural differences in Europe regarding water at the table. In Italy, asking for tap water in a restaurant is often perceived as contrary to local custom, and waitstaff typically favor selling bottled water. Some argue that the mineral composition of tap water could alter the taste of dishes.

These practices contrast with those in other European countries. In England and Wales, venues serving alcohol are required to provide free potable water. In France, the rule is also regulated: restaurants must offer free potable water to customers who request it, usually in the form of a carafe, a practice that has become a cultural reflex as much as a regulatory one. In the United States, by contrast, no federal obligation mandates restaurants or hotels to serve tap water, though it remains common.

This case, which went viral in Italy, therefore rekindles a broader debate about the border between commercial service, cultural norms, and access to an essential resource.