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Old Jul 14, 2012 | 6:54 pm
  #46  
 
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At a popular San Francisco's Pizza Restaurant, Delfina, $1.50 is added automatically per guest for employee's healthcare cost. Of course, gratuity is extra. Their Pizza is so good, always a long line for a table.
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Old Jul 14, 2012 | 6:58 pm
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Originally Posted by bocastephen
... and if it was not disclosed on the menu ahead of time, you are under no legal obligation to pay it.
Even if it was disclosed ahead of time, you're still under no legal obligation to pay it.
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Old Jul 14, 2012 | 7:01 pm
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We have eaten at the Red Lobster in Times Square, NYC a few times and an 18% tip is added to the bill when we get it. It is not hidden (large font), and is fine with us.


DD
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Old Jul 14, 2012 | 9:55 pm
  #49  
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Originally Posted by Braindrain
Even if it was disclosed ahead of time, you're still under no legal obligation to pay it.
So in the case where it is on the menu, you can require that they remove it from the bill? And what if they refuse? I assume you can't just leave the restaurant without paying...and suppose you don't have cash?
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Old Jul 14, 2012 | 10:02 pm
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Originally Posted by broadwayblue
So in the case where it is on the menu, you can require that they remove it from the bill? And what if they refuse? I assume you can't just leave the restaurant without paying...and suppose you don't have cash?
I said there's no legal obligation to pay it. How you dispute it is your business.
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Old Jul 14, 2012 | 11:24 pm
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Originally Posted by Braindrain
I said there's no legal obligation to pay it. How you dispute it is your business.
So how would you dispute it? Assuming the manager said we're sorry but that's our policy.
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Old Jul 14, 2012 | 11:43 pm
  #52  
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Originally Posted by broadwayblue
So how would you dispute it? Assuming the manager said we're sorry but that's our policy.
If its on the menu or posted ahead of time, you can bring it up as an issue with the manager - but if they refuse to remove or adjust it, your only option is to leave the restaurant without ordering - you can't refuse to pay it after the fact.

If it shows up on the check without prior notice, you can refuse to pay it or request it be adjusted to reflect what you want to pay - and if the manager refuses, my advise is to call your credit card company (Amex is best for this), explain the situation and they will advise you how to handle the receipt to make the dispute process easier. If you're paying with cash, you can settle the check and your preferred tip amount and just leave - if they make a scene, you can tell them to call the police....the police are not likely to backup the restaurant if the service charge was not disclosed ahead of time, nor are you under any obligation to sit and wait for them to arrive.

Keep in mind, some of these restaurants in Miami (especially the ones along Lincoln Rd, Ocean Dr, Washington and Collins that use girls to lure in unsuspecting visitors) have rather "hostile" management, and you can expect a rather heated screaming match - some of those people are completely batsh**.

Don't be afraid to stand your ground and walk away - but always look for posted policies (gratuities and per-person or table minimums) before ordering. Most restaurants will enforce a gratuity for larger groups, but again, if you feel the service was not up to standard, don't be afraid to tell the manager and request the tip be adjusted.
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Old Jul 14, 2012 | 11:51 pm
  #53  
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Originally Posted by Braindrain
Even if it was disclosed ahead of time, you're still under no legal obligation to pay it.
Originally Posted by bocastephen
If its on the menu or posted ahead of time, you can bring it up as an issue with the manager - but if they refuse to remove or adjust it, your only option is to leave the restaurant without ordering - you can't refuse to pay it after the fact.
These two statements are conflicting. I did always assume that if a gratuity/service charge/fee was disclosed on the menu they had the right to charge it. Obviously if it wasn't posted that's an entirely different story.
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Old Jul 15, 2012 | 12:08 am
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Originally Posted by broadwayblue
These two statements are conflicting. I did always assume that if a gratuity/service charge/fee was disclosed on the menu they had the right to charge it. Obviously if it wasn't posted that's an entirely different story.
Nope. Server here. We do 18% for parties of eight or more. If a guest requests, we have to take it off the bill. Might be different with large banquets since we have contracts essentially, but for any other table, it is removed by guest request.

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Old Jul 15, 2012 | 12:20 am
  #55  
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Originally Posted by broadwayblue
These two statements are conflicting. I did always assume that if a gratuity/service charge/fee was disclosed on the menu they had the right to charge it. Obviously if it wasn't posted that's an entirely different story.
I was disputing the notion you have no obligation to pay a tip or table minimum which is disclosed ahead of time - you do have an obligation, although you can certainly make a case to management if your service was subpar and hope they adjust it.

If the tip was not disclosed ahead of time and just showed up on the check, as I posted above I would (assuming the service wasn't worth the tip amount charged)

1) call my credit card company, explain I was being compelled to sign for an amount different than indicated in the menu pricing and ask for guidance on how to handle the receipt so I could dispute the overage after leaving

2) pay with cash and leave just enough for the total, tax and any gratuity amount I felt was reasonable, then leave the restaurant

Actually, the best advise is to avoid those over-priced tourist restaurants around Miami that practice this and stick with quality restaurants that receive good reviews and actually offer good service and quality food. There isn't a single restaurant in all of South Beach that is truly worthy of my dining dollars except for Joe's (in season) or maybe Books and Books Cafe for lunch; although for giggles, I suggest Next Cafe (they usually DO add a service charge) to see how a former cook at Cheesecake Factory was able to walk out with their entire recipe book and recreate the Cheesecake Factory menu (literally) and survive the resulting lawsuit.
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Old Jul 15, 2012 | 1:09 am
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Originally Posted by broadwayblue
So how would you dispute it? Assuming the manager said we're sorry but that's our policy.
You could always explain that it's your policy not to pay it.
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Old Jul 15, 2012 | 3:59 am
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Originally Posted by Often1
Miami is one of those areas. It's not that the visitors are cheap, it's just that they are used to service being included, so they leave a very small tip for great service and that leaves the staff screw*d.
I'm familiar with the addition of service charges at Miami Beach, and US practice elsewhere. I'm also familiar with the check being left open after the 18% has been added, just in case you don't notice and add more on yourself .....

Could someone please tell me where this "great service" that is so constantly referred to here on FT can be obtained anywhere in the USA nowadays, just so I can get the chance, when visiting, to experience it for once.
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Old Jul 15, 2012 | 5:49 am
  #58  
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Originally Posted by WHBM
I'm familiar with the addition of service charges at Miami Beach, and US practice elsewhere. I'm also familiar with the check being left open after the 18% has been added, just in case you don't notice and add more on yourself .....

Could someone please tell me where this "great service" that is so constantly referred to here on FT can be obtained anywhere in the USA nowadays, just so I can get the chance, when visiting, to experience it for once.
This thread posed a legitimate question about the practice of the establishment adding a gratuity as part of the check rather than the patron calculating and doing so himself.

As to your unrelated question, there are many great sources for restaurant reviews, online, offline, TA's, others you know who travel and the like.
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Old Jul 15, 2012 | 5:55 am
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Originally Posted by Often1

As to your unrelated question, there are many great sources for restaurant reviews, online, offline, TA's, others you know who travel and the like.
So, looks like as with the previous poster you've never managed to find one either.
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Old Jul 15, 2012 | 9:12 am
  #60  
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Originally Posted by BadgerBoi
So, looks like as with the previous poster you've never managed to find one either.
Wrong. He's in the wrong thread.
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