Payment of service charge at restaurants

Yellow_Is_My_Colour · 16 March 2016 at 10:59AM

When a restaurant states there will be say a 10% service charge for parties of 6 or more can I refuse to pay this. I had an incident recently when a family party of 8 dined at a restaurant and the whole experience including the service was abysmal. When I asked for the service charge to be deducted my request was refused as the menu stated there was a service charge for parties of 6 or more. What are my rights

marliepanda · 16 March 2016 at 12:18PM

If it is on the menu you have agreed to it. You could refuse to pay, as you could refuse to pay for the food, but they could come after you for it or refuse to have you there again. If you had a cc tab they could just take the money.

You agreed to it. Obvioulsy you don't have to give an additional 'tip'

pinkshoes · 16 March 2016 at 12:33PM

As above, you don't HAVE to pay it, but if you refuse, they could chase you.

Seems daft having to agree to a service charge BEFORE you find out it was rubbish!

I would leave a factual review on that well known review site...

cono1717 · 16 March 2016 at 12:34PM

It forms the basis of your contract so no. When you read the menu the offer was given that a table with more than 6 incurs a 10% service charge. You accepted that offer by ordering the food from said menu so the contract has formed.

It's similar to a surcharge for steak - you accept the surcharge by ordering the steak.

ThumbRemote · 16 March 2016 at 12:39PM

Which suggest that you don't have to pay it if the service received wasn't of an acceptable standard - ie the restaurant have breached the contract to provide the service.

http://www.which.co.uk/consumer-rights/problem/do-i-have-to-pay-a-service-charge-if-the-service-is-poor-

Blackbeard_of_Perranporth · 16 March 2016 at 1:14PM

I took a party of 50 colleagues to a xmas do a few years back, where a service charge was levied for two drinks waiters to be in attendance on the evening. The establishment failed to provide the two waiters, and I did not pay the service charge. The following day when I returned to work, I found out that the lamb roast was mostly carp. If I had known the previous evening, I would had taken further action. The fact that I was having to deal with the lack of drinks waiters at the time spoilt the evening for me.