Toby Carvery charged sunday prices on a monday

pianoplayer

I think this ably sets out the misleading entreat and disproves that it was in any way clear Bank Holidays were exempted.



If someone wants to post the actual image feel free I can't. It would seem clear from other posts where Bank Holidays are exempted that there must be confusion otherwise they wouldn't have stated it. It is also possible that it is a regional approach and Senior management in this instance hadn't ensured all signage was appropriate for the new policy, it would concur with the managers position that it was a newish policy imposed upon him by his area manager.

woohoo_postingid

Try Twitter (@tobycarvery) - That seems to be the way to get yourself heard with these companies nowadays.

pianoplayer

jkkne wrote: »

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

Possibly so but they could equally be fluent in English, want a carvery, saw the sign offering a price, ordered such, and then experience the same issue with the Bill. Would they still be idiots, stupid, daft or Blind, or consumers denied their consumer protection?

Thanks woohoo_postingid, but unfortunately (or not) I don't engage with Facebook or Twitter, feel free to direct them here though !

baza52

So does the sign say "excluding bank holidays"?

The price was avilable to you and you decided to order food.
Just becuse you "thought" you were paying mondays prices makes no difference.

A tourist would have read the menu and saw the prices or read the sign that excludes bank holidays.

baza52

This was on my local Toby website,

Every day our famous carvery deck offers beef, pork, turkey and honey & mustard glazed gammon, all slow-cooked to perfection. Then there's the seasonal veg, including roasties and mash. Why have five a day when you can have eight? Help yourself to as much as you like to go alongside your huge homemade Yorkshire pud, stuffing and choice of gravies. All for just £5.95 Monday to Saturday, and £9.49 on Sundays and bank holiday Mondays.

Azari

baza52 wrote: »

So does the sign say "excluding bank holidays"?

Why not have a look at the sign here?

The price was avilable to you and you decided to order food.
Just becuse you "thought" you were paying mondays prices makes no difference.

A tourist would have read the menu and saw the prices or read the sign that excludes bank holidays.

Someone else who is clueless about the law but feels obliged to post waffle anyway.

They clearly and unambiguously display a price for Monday to Friday. That is their invitation to treat.

The customer ordering food is their acceptance of the invitation. The restaurant's acceptance of the food order is their acceptance of the contract and the supply of the food is their fulfilment of the contract.

The customer paying the advertised price brings the whole contract to fulfilment.

If the restaurant wants to vary the terms from the original invitation it is entirely their responsibility to ensure that the customer is aware that the terms they are offering are not those originally displayed.

It is no good coming up with lame comments such as 'everyone knows' or 'it's on a notice over there' or even 'it's stated on the menu' if people can order without looking at the menu.

baza52 wrote: »

This was on my local Toby website,

Every day our famous carvery deck offers beef, pork, turkey and honey & mustard glazed gammon, all slow-cooked to perfection. Then there's the seasonal veg, including roasties and mash. Why have five a day when you can have eight? Help yourself to as much as you like to go alongside your huge homemade Yorkshire pud, stuffing and choice of gravies. All for just £5.95 Monday to Saturday, and £9.49 on Sundays and bank holiday Mondays.

Can you people not get it into your heads that it doesn't matter how clear they may make their charges elsewhere.

If you display a large, clear, and unambiguous sign that offers a particular price, that it the price that forms the contract unless you make absolutely certain that the customer knows that another price applies before ordering their food. It is the responsibility of the restaurant to ensure that the revised terms are clear to the customer. They cannot expect him or her to check their website, local business directory, or anything else.

baza52

Is that picture of the sign the one where tho OP went?
What does the small print say in the bottom corner?

baza52

Azari,
If i ordered a large donner with a half pounder and it was £10, do you think if next time i order and their prices have gone up that i should get the same order for £10 because i can order without looking at the new menu (or in OP's case the Sunday menu with Sundays prices in it)

The Menu displaying Sundays prices were on the table.

Azari

baza52 wrote: »

Azari,
If i ordered a large donner with a half pounder and it was £10, do you think if next time i order and their prices have gone up that i should get the same order for £10 because i can order without looking at the new menu

If there is a large sign saying "Large donner with a half pounder: £10", then absolutely.

You need to learn something about contract law and how the terms of a contract are determined.

The Menu displaying Sundays prices were on the table.

That's irrelevant.

As I explained, the large sign stating the Monday to Friday prices in very large letters is the invitation to treat.

The restaurant is quite at liberty to vary the terms but it is entirely their responsibility to ensure that the customer knows that the terms have been varied from the advertised price. It's no good saying that they could have found out if they'd looked here there or anywhere.

I don't know why people find this so hard to understand.

No one forced the restaurant to display a misleading inducement and no one prevented them from making the terms of the variation known unambiguously. They are the ones who failed to provide unambiguous terms which is why trading standards have told the OP that the restaurant was in the wrong.

pianoplayer

baza52 wrote: »

Is that picture of the sign the one where tho OP went?
What does the small print say in the bottom corner?

It is, taken two weeks after the event and still no mention of Bank holidays... The link I posted you need to add ht tp: before the //
I can't post images.

If you look at the link you can (freely) zoom the photo and I do believe, if you do, you will find it says "home of the roast".



Evilm
jkkne
mynameistallulah
Take it like a man, sonny
peachyprice
I fail to see what benefit is derived from supporting any business that is denying you and I, your/our consumer rights on the basis of your misbeliefs as to the actual facts and so joyfully self congratulate yourselves on doing so, utterly self defeating? Someone less sure of themselves than I might be forgiven for thinking they had any rights and capitulate at any sign of adversity.


It is not as if I haven't accepted some of the points made, but it is the underlying principle of law here that a lot of you fail to understand. Which is great for all those out there willing to deny you your rights.

I never said that I read the menu, or it was handed to me/us, it was merely an observation that it was on the table. We weren't considering aspects of the day, decor or menu, we knew it was a Monday, we knew we wanted a carvery, we ordered drinks and were engaged in family conversation.

The law is the law, the Sign is large, clear and prominent it makes absolutely no exclusions for Bank holiday, it denotes a separate price for Sunday by excluding it from the offer displayed.

baza52 wrote: »

The Menu displaying Sundays prices were on the table.

It is irrelevant, as Azari states. In fact it should state for clarity and relevancy, Sunday and Bank Holiday menu.