Service charges and the law

holidaysforme

Surreystarlet wrote: »

sheer_vanilla - you had a very lucky escape!!!

If a service charge is mandatory it has to be advertised as mandatory and the amount to be added stated. I think if it is mandatory it is often advertised as a cover charge rather than a service charge.

Otherwise there is nothing to stop them charging 100% and forcing you to pay it! If the bill just says service not included, then it isn't mandatory to pay it as a) it doesn't say it's a mandatory charge and b) it doesn't say how much.

Thanks. Just been re reading the thread. As it says service charge is not included, i will take it to mean it is not mandatory.

Quentin

It just means that the groupon deal doesn't cover service charges.

To find out definitively whether or not it's mandatory to pay service charges you need to contact the restaurant.

holidaysforme

Quentin wrote: »

It just means that the groupon deal doesn't cover service charges.

To find out definitively whether or not it's mandatory to pay service charges you need to contact the restaurant.

Thanks for that.

lyster101

Surreystarlet, your experience is very similar to what I suffered at Cafe Mode in Endell Street.

Where did you go?

I've written about how awful Cafe Mode is in greater length on sheer_vanilla's follow-up forum. The food was terrible, in fact they lied on the menu because it was not what I was given! Also, the lighting was flickering throughout and the place was noisy and crampt and the waiters were terrible - I had to reorder several items that were forgotten (it was not busy). I was also sick later that evening from the seafood, too. All in, a miserable experience.
We used our TasteCard and they added 12.5% to the pre-discount bill which was quite high due to expensive drinks. I asked, three times, for them to take it off but the rude staff presented me with the terminal each time with the same amount. A second waiter came and did the same thing and he said that I could either pay this service charge with the TasteCard discount or pay the 'full' cost (The uncomfortable cesspit charged £14 for disgusting dried vacuum-packed spaghetti, gone-off minute prawns and squid cartilage as well as £6.50 for 5 doughballs) without the service charge. Little sensible resolution possible. I understand it is illegal to attempt to force a mantatory service charge on customers without mentioning it on the menu. It seems to be a paradox of substandard restaurants that they insist on an extra service charge for their shodiness.

Rendered helpless but furious, in the end I acquiesced because I had
no cash on me and still hope to claim it back via a dispute form sent to me by Amex. This might take a while, however, but I'll write an update if there is a positive outcome.

Needless to say, I'll never go to Cafe Mode again but it will give me a story to tell about customer service and reinforces my belief that there are many more dreadful restaurants in Soho, even being endorsed by TasteCard can in any way be seen as a recommendation.

Incidentally, I called TasteCard about this and was told that they would call the manager of the restaurant. I'm not sure if they have done but will take their word for it. Unfortunately, I do not expect this establishment (Cafe Mode) to change an iota.

lyster101

Oh. I've just seen your reply to my post on the other thread Surreystarlet. You can largely ignore the above. Cafe Mode are still terrible, though. Please don't forget that bit!

Surreystarlet

Don't worry lyster - I won't be visiting cafe mode in a hurry either!

The waiter and manager in Beit Eddine were completely unreasonable - the waiter tutted when I asked for a glass of tap water to drink as well (which always irks me!) and didn't even display a drinks menu!!

At least Beit Eddine have lost a couple of customers (I hope!) already from me posting on here, as will Cafe Mode as well as I for one certainly won't be visiting there!

Keep us posted on how you get on claiming it back... At least you weren't held hostage and had some large bloke restraining you stopping you leaving.........

scottishminnie

have you all posted reviews on Trip Advisor website? It's very well used so a great way of getting the message across and helping other peole to avoid same situation.
Of course it's also a great way of sharing good experiences too:)

richardw

I've become a bit of a regular at a Strada and Pizza Express restaurant and spend my Tesco vouchers there, the service is good and I tip at least 10% on the bill before deduction of the value of tesco vouchers, I've noticed the waiting staff now recognise me and the service is even better.

sheer_vanilla

richardw wrote: »

I've become a bit of a regular at a Strada and Pizza Express restaurant and spend my Tesco vouchers there, the service is good and I tip at least 10% on the bill before deduction of the value of tesco vouchers, I've noticed the waiting staff now recognise me and the service is even better.

that's really nice of you. again, the difference is you have the choice and you pay the SC that you feel you should. it's not imprinted in brass on the bill presented to you and asked for at gunpoint. the aim of these threads is not to try and get out of paying service charges but to tell restaurants that they need to leave it to us instead of guilting / tricking us into paying obscene amounts that we don't want to. we once paid a £5 service charge on 2 cups of coffe and a cake (bill was approx £7) at a small cafe as the girl was just so sweet and friendly and opened up an umbrella to shield us from stray raindrops coming in through the awning (we were sitting putside and the heavens opened up).

richardw

I'm all for money saving in restaurants but I just don't see why the waiting staff should be penalised when the restaurant offer a discount on food and the waiting staff give good service, so what if the service charge percentage on the discounted amount goes higher, that's just maths. If the tip before discount is £7.50, why not enjoy the discount on the food and maintain the £7.50 tip for the good service waiting staff.

Legislation is the only way to clear this up, with service charges being automatically levied being made illegal, would level the playing field so to speak.