Terms and conditions

ashleyrossuk

My mum went to pub last week and they had an offer on the you could get two items from the menu for £7.95 on the menu it had excluding steaks. My mum ordered to breakfast items from the menu. When the bill arrived she noticed that she had been charged full pice. She spoke to the staff and they said that it was in there terms and conditions (no where on the menu did it say this) my mum then asked to see the terms and the staff member said that they were not written down and that the waiter should have told her them (which he did not), my mum argued the point that it wasnt her problem that the waiter didnt tell her and that she should get the offer or it would be false advertising. in the end she just gave up and paid the bill. Just be curious would this classed as false advertsing!

Meepster

You might want to consider re-writing your post, as it is hard to read and is confusing....

montyrebel

by the sounds of it they are just making it up as they go along,contact trading standards,they must be breaking some law

98jdougl

Quite often places that have the two for £x are only after a certain time (3pm in one of mine) and breakfast stops at 1- was it the time rather than the items maybe?

kriss_boy

Id be more inclined to believe your mum has just read the menu wrong. The 2 meal deal was probably headed above a set of meals with the breakfasts elsewhere on the menu.

ashleyrossuk

Thanks for the replys, she said that she double checked and read the menu correctly, even the staff member looked didnt find anything on the menu (the only thing it mensioned was excluding steaks). The deal was running at the time my mum was in, the only issue was that the waitress said that the breakfast items werent included. (My mum was really just more annoyed as the waitress insisted that the terms and conditions could be explained to her by the waiting staff and werent to be written down)


thanks again

pinkshoes

If the menu said £7.95 for two items except steak, then that's what they should have honoured, and anything other than that is false advertising. If breakfast stuff wasn't included, it should have read "...except steak and breakfast stuff..."

I would write to the headquarters pointing out their mistake, and name and shame the pub in question, stating that the staff were rude and that they over-charged you, despite not being able to even produce a copy of the t&cs that they were stating.

zootscoot

For terms to be incorporated into a contract they must be brought to the attention of the other party at the time the contract is made. See here:

http://www.e-lawresources.co.uk/Unfair-terms---regulation-by-common-law.php

If the term was not brought to her attention it does not form part of the contract. It is most unlikely that the restaurant would rely upon staff explaining the terms to a customer on each and every order. It is more likely that there was a discrepancy between the menu and the till. If the menu failed to mention the particular meal was excluded from the deal, they may well have committed a criminal offence of misleading price indication which is a matter for trading standards to enforce. The customer has now power to enforce although a threat to report can be a great bargaining tool!

myrnahaz

They should have honoured the price at the time then made the terms clearer on the menu for subsequent customers, so it might still be worth speaking to Trading Standards. My local off licence once offered wine @ £4.99 each or on a buy-2-get-one-free basis; Unfortunately, they were £6.99 each if you went for the 3 for 2 offer. Trading Standards were very interested in the deal and paid them a visit to sort them out (to be fair, the Offie staff were more daft than devious).

Laz123

It must be in writing if there's any exceptions. The breakfast items weren't. So they are technically breaking the law.