Wish I had thought to ask here on FR before I made that mistake (although I tried not to act like an a$$, since I have profound sympathy for anyone in food service). Here's to ya:
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.
This same thing happened to a gal at work. She called the store and got her money back. Even if they do charge the gratutity it wouldn't be more than 18 per cent at the most, not 20.
When you use a charge card at a restaurant, they initially run your card through an electronic charge machine which authorizes the charge. To assure them that your account has sufficient credit available, they will normally "reserve" an amount that would include the tip that most people add to the charge slip. That charge slip will be processed later and the additional amount will be added to the total charge, clearing the reserved amount.
I suspect you accessed your on-line statement before the restaurant's bookkeeping had reconciled the charge slips.
Wait a day or two and check again before you complain.
It's fraud. You are liable for the amount you signed for. No more, no less.
But it proves again, that once they got your number, you work for them, not the other way around.
That's why I gave up my last credit card ten years ago and will never have another.
What they did was wrong and fraud unless it was clearly stated on the menu and receipt as a matter of policy. You should contact your credit card company and complain to them as you should only be liable for the amount you signed for.
I think tips should be discretionary and a reflection of what you thought of the service you received – a bonus for going “above and beyond” your expectations.
The problem with the whole system is that servers are paid below minimum wage as tips are “expected” to make up the difference. And the servers have to claim it as income to boot. The IRS makes restaurants responsible for reporting tips and administratively it’s easier for them to add the gratuity to the bill.
I usually tip 15% for good service and 20% for exceptional service. In most cases, service at a chain restaurant deserves 10% at best. Tipping should be discretionary and in this scenario, a really good server gets screwed out of a higher tip.
Was the service lousy? Why would you not leave a 20% tip on the table to begin with? During the few times I left less than a 20% tip in a restaurant, I always let the waitstaff know why.
I think you got weaseled. Call them.
Wish I had thought to ask here on FR before I made that mistake (although I tried not to act like an a$$, since I have profound sympathy for anyone in food service). Here's to ya:
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