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Can a resturant charge gratuity? (vanity)
03/25/2006 | hottieboy

Posted on 03/25/2006 9:12:25 PM PST by HOTTIEBOY

Hello all,
I am writing a rare vanity and I hope it is in the correct forum. I need some information as I am not too swift on business law. I hope some freepers can help me.

I went this evening to Billy Jeans, a resturant here in Gastonia, NC. It seems they charged my visa debit card more than the tab was. We were a party of four and my tab was for $54.93 but my online statement shows they charged me $65.92.
The receipt that I signed said $54.93. On the line where it says "Tip" I wrote "On Table" and I left cash on the table. I wrote $54.93 on the total line
I know the amount they added equates to 20% gratuity, but can they do this?
I am not concerned about ten dollars, but the whole thing seems deceptive to me. I hope some freepers can help me. I know it may be common practice but is it lawfull? I saw nothing that stated gratuity would be added and my receipt says nothing to that affect.
I just want to get some info before I call them raising cane.


TOPICS: Business/Economy; Chit/Chat; Food
KEYWORDS: dontzotme; gratuity; ripoff; tips; vanity
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I am a "work hours freeper" so I may not be familiar with some of you weekend freepers. Go easy on me.....
1 posted on 03/25/2006 9:12:28 PM PST by HOTTIEBOY
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To: HOTTIEBOY
If they automatically charge a gratuity it should be posted in writing, usually on the menu somewhere.

If you're really cheesed off about it, call your credit card company and dispute the charge.

You do still have the receipt don't you?

L

2 posted on 03/25/2006 9:15:24 PM PST by Lurker (I trust in God. Everyone else shows me their hands.)
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To: HOTTIEBOY

They might have authorized the amount plus the expected tip, but they can't charge you for more than the amount that you signed.


3 posted on 03/25/2006 9:16:57 PM PST by Nauta
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To: HOTTIEBOY

I had the same thing happen to me, the charge that appeared was 20% more than the charge signed for.

But the actual amount of money taken out, and the number that the charge read after it was fully processed by the bank, was the number I'd signed for.

I'm still not sure what that was all about... happened in DC.


4 posted on 03/25/2006 9:18:27 PM PST by thoughtomator (Pacifism is objectively pro-terrorist)
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To: HOTTIEBOY

It isn't always convienent but pay in cash when possible.

My wife and I were in a resturant recently and printed on the menu in very small print it said that a 15% gratutity had been added to each menu item. All around us people were leaving tips on their tables. I left nothing but still paid the 15% whether I wanted to or not.

Good service but the waiter lost money on me because I would have left more than 15%


5 posted on 03/25/2006 9:21:28 PM PST by Graybeard58 (Remember and pray for Sgt. Matt Maupin - MIA/POW- Iraq since 04/09/04)
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To: HOTTIEBOY

The restaurant manager needs to know about this, pronto. Extremely bad for business. Sounds like a case of dishonest waitstaff.


6 posted on 03/25/2006 9:22:35 PM PST by elli1
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To: HOTTIEBOY
When I dine, I usually write less than a dollar on the tip line to discourage this sort of behavior. The real tip is on the table. You have every right to open a dispute with your credit card company.

Some restaurants do automatically add their tips for bills over $50, parties of 5 or more, etc. If you want to be a nice guy, I'd call the restaurant first. However, if you left it on the table, they are double dipping.

I've got a real problem with the custom of tipping-- it is a way of subsidizing the restaurant owner's niggardly wages. I lived in Japan 15 years and nobody tipped. One of my favorite noontime restaurant managers lived in my neigborhood so, I assume, made an income similar to mine and the meals were roughly $7 a plate in the local currency with no tip added.

7 posted on 03/25/2006 9:23:08 PM PST by Vigilanteman (crime would drop like a sprung trapdoor if we brought back good old-fashioned hangings)
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To: thoughtomator

It's government pressure. The IRS "imputes" a certain amount of tip, based on a witer's income, so the restaurant sometimes includes it above a certain amount so they (and their servers) can't be accused of tax evasion.

Which is precisely why I NEVER include a tip in any credit card charge at a restaurant. I jsut leave it on the table.


8 posted on 03/25/2006 9:23:27 PM PST by TBP
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To: HOTTIEBOY
I think most restaurants charge a 20% gratuity for parties bigger than 4 on weekends. But they should have that posted on the menu at least. I would call the manager though, because I could easily see a waiter adding that to credit charges and getting away with it when it's not restaurant policy. Most customers will assume they just didn't notice the policy and would feel guilty to call and complain.
9 posted on 03/25/2006 9:26:42 PM PST by txroadkill
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Comment #10 Removed by Moderator

To: Lurker; Nauta; thoughtomator; elli1; Vigilanteman; TBP; Rams and Golf

I do still have the receipt. "On table" is carbon copied on to my receipt. Thanks to all for the info. I don't want to be whiney. It just seems a little sneaky to me. I think there should be a certain amount of ethics when you are running a business.

I will definetly call the resturant tomorrow.


11 posted on 03/25/2006 9:41:32 PM PST by HOTTIEBOY (The more people I meet, the more I like my dog.)
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To: HOTTIEBOY

interesting article here:
http://seattlepi.nwsource.com/local/237788_overcharge24.html


12 posted on 03/25/2006 9:43:37 PM PST by stylin19a (Do you still have sex or are you already playing golf?)
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Comment #13 Removed by Moderator

To: HOTTIEBOY
FWIW: gratuity: something given voluntarily or beyond obligation usually for some service

I always leave tips on the table and refuse to pay tacked on "gratuities". If a problem arises over this refusal, I simply never return again.

14 posted on 03/25/2006 9:45:49 PM PST by lunarbicep (Always do right. This will gratify some people and astonish the rest. - Mark Twain)
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To: HOTTIEBOY
Usually the restaurant says that they charge a gratuity for parties of a certain size. At least that has been my experience. From my point of view the servers were the ones getting shafted I always tipped much more than the restaurant charged if left to my own devices.
15 posted on 03/25/2006 9:49:35 PM PST by CzarNicky (The problem with bad ideas is that they seemed like good ideas at the time.)
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To: stylin19a

Great article. Thanks for posting it. I don't know that much about it so I need all the ammo I can get.

It's not the $10 that concerns me. Its the principle. They can't just charge whatever they want.

Thanks


16 posted on 03/25/2006 9:55:12 PM PST by HOTTIEBOY (The more people I meet, the more I like my dog.)
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To: HOTTIEBOY

This happened to me at a local restaurant two weeks ago. The manager said that with his old computer system, debit cards will overbill by the amount of the tip that is paid out to the server in cash (has something to do with the way the tips are handled in-house on the system), but that when the actual paper receipt goes through the bank, your card will only be billed what was on the receipt. Said it was just the way the computer handles the transaction.
Sure enough, when the sale came through 2 days later, it was the exact amount on the receipt. The restaurant you went to might have a similar system. The manager I talked to sounded like I was the 50th person that day to call him. I felt really bad for him (but encouraged him to press his owner for a new system).


17 posted on 03/25/2006 10:04:27 PM PST by StrictTime (Soul Patrol! Soul Patrol!)
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To: HOTTIEBOY; StrictTime; lunarbicep; thoughtomator

Dishonest and unethical business practices. Plain and simple.


18 posted on 03/25/2006 10:12:01 PM PST by Delta 21 ( MKC USCG - ret)
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To: StrictTime

That is basically what the article above said. Thanks for verifying it. I will call the resturant tomorrow but I will be nice and find out facts before I blow the managers ear off.

That is why I needed this info. So that I wouoldn't be an ass and chew someone out for no reason. I always get my bases covered before I start ranting. Thanks again.

Ain't FR such a nice thing to have....


19 posted on 03/25/2006 10:14:16 PM PST by HOTTIEBOY (The more people I meet, the more I like my dog.)
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To: HOTTIEBOY

The same thing happened to me and we found out that the waiter was increasing his tips (stealing) quite often.


20 posted on 03/25/2006 10:31:02 PM PST by Jaysun (The plain truth is that I am not a fair man, and don't want to hear both sides.)
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