Toby Carvery charged sunday prices on a monday

jkkne

Azari wrote: »

I would expect that a company dealing with the public should be obliged to make every effort to ensure that what they display is completely unambiguous.



There is no reason why this outfit could not and should not do the intelligent and blindingly obvious thing and ensure that the Monday to Saturday prices have a very clear qualifier: "Except Bank Holidays when Sunday prices will be charged". Then there could be no confusion.

It seems trading standards agree.

But they dom outside all of their branches and on all of the menus and on the website.

The OP simply didn't pay attention.

There's no confusion, just a silly OP

baza52

Everyone knows a bank holiday monday is treated like a sunday.
If you go out, shops n pubs open sunday hours.

If it was a bank holiday that fell on a friday things would be different

John_Jizzle

I wouldnt bother complaining this company is crap.

Dont bother going there again - tell everyone you know not to go, put it on a forum telling people not to go there.

PEOPLE - DO NOT GO THERE

This should cost them more than the difference you have paid.

pianoplayer

thank you Azari and Others who agree or disagree.

I fail to see the relevancy of the Menus being a Sunday menu and how that transposes to Monday. Then menu was not handed to us it happened to be on the table in the holder, by virtue of it being their does not warrant an interpretation that Sunday prices applied.Th waiter had every opportunity to explain and inform, he did not do so, nor did the reception staff member arranging the seating.
Agreed it is fairly clear a menu is not a requirement when ordering a Carvery what point is the menu, unless after the meal you have room to order desserts, by which time reading the menu is too late.

The law remains clear that something must not be misleading or unfair to a consumer. I was not unreasonable in disputing the amount nor in offering to pay the advertised price. I was placed in an impossible position of theft or paying in full despite my protestations.
It is unfair of the restaurant to expect a client to be aware of specific charges being applied if those charges are not clear, to enforce such is unfair and a breach of consumer protection.
The mere fact a sunday menu was displayed does not negate that simple fact because it made it none the clearer.

I refer back to the simple analogy of a tourist visiting the establishment they would not be aware as some of you are that Bank holidays carry a Sunday premium, they were enticed in by the Mon - Sat offer, not informed of any change to that expectation and then forced to pay a higher amount upon leaving.
That simply is not fair.

This is not something that was done with forethought or malice upon our part to seek advantage from the Restaurant, we were expecting a meal for a fixed price, and were not informed at anytime that our expectations would be met until we came to pay.

The fact that the Manager made the statements re the area manager does not help their case, yet they still insisted we were in the wrong. By not accepting that there was a simple error and agreeing to resolve as I had, they unfairly breached my statutory rights to consumer protection from unfair terms.

The sign clearly states Mon - Sat price and Sunday Price there is no mention of Bank Holidays, period.

I am surprised at the level of support for something that breaches all our consumer rights, just because it hasn't happened to you doesn't mean it doesn't occur or couldn't happen to you.

jkkne

I was in one on Friday

The sign outside stated £5.95 Mon-Sat (Excl Bank Holidays)

It said the same on the menus.

So you've admitted you saw the menu, saw the prices but didn't query it?

It's not the waiters job to tell you the price, its your job to find out and onme way would be....to read the menu!

pianoplayer

baza52 wrote: »

Everyone knows a bank holiday monday is treated like a sunday.
If you go out, shops n pubs open sunday hours.

If it was a bank holiday that fell on a friday things would be different

Not everyone, and not tourists. The fact remains, whether I was daft, stupid or not the law is there to protect consumers from being taken advantage of. There was deception, intended or unintended, the advertisement was deceptive, and I was forced to pay for that deception. The sensible option was for the restaurant to agree there was a reasonable doubt over the charging policy and to find in favour of the consumer. That is also the interpretation of the law.
It would seem to me that any of these apply:

a term which tries to make you pay more than is needed to cover the trader's losses if you cancel the contract- I tried to pay the advertised amount and suggested they contact me to dispute the difference, DENIED
any term hidden from you until after you sign the contract- A contract is deemed to take place after I have agreed the advertised price, accepted the table and ordered the meal without any reference to a Bank Holiday pricing arrangement.
a term giving the trader the right to change the contract to their benefit -Changing the contract from Mon - Sat without notification

jkkne

You keep referring to tourists, its entirely hypothetical! It's hardly an argument.

a tourist is actually more likely to clarify the price....or read the menu

Azari

jkkne wrote: »

But they dom outside all of their branches and on all of the menus and on the website.

The OP simply didn't pay attention.

There's no confusion, just a silly OP

Are you saying that wherever it gives the Monday to Friday prices it clearly states that bank holidays are charged at a different rate? In a manner that is completely unmissable?

baza52 wrote: »

Everyone knows a bank holiday monday is treated like a sunday.

Except that this thread is a very clear testament to the fact that everyone does not.

I have never used a restaurant that charges a different price on a Sunday. But if I went into one that had a Monday to Friday price and a Sunday price I would certainly expect to pay the Monday price on a Monday unless it was made absolutely clear that a bank holiday was an exception.

And by clear, I mean that it was stated everywhere you could see the prices and in the same size print.

There's altogether too much nonsense from people on this forum who assume that because they know some condition applies it must therefore be 'common knowledge' and it's therefore the fault of anyone who is unaware.

John_Jizzle

monday = monday

John_Jizzle

except when monday = sunday