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Another tipping thread

31,436 2,810 May 3, 2012 at 07:51 AM in News
Furious staff LOCK family inside restaurant for refusing to pay full 17% tip after bad service

A Houston family were locked inside a restaurant and the police were called after they refused to pay the full 17% tip.

That is the amount the restaurant adds to parties of more than five diners, but Mark's complaint was that the staff were rude, their drinks were not refilled and mistakes were made on their orders.

'We asked her, could the gratuity be removed?' said Marks.
'Could we give our own tip?

'I asked the police officer twice, maybe three times, is it against the law if we don't pay the gratuity and he never gave me a straight answer.'




http://www.dailymail.co.uk/news/article-2138736/Tipping-optional-Family-locked-restaurant-staff-refusing-pay-gratuity-bad-service.html
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Joined May 2006
Boating
> bubble2 21,228 Posts
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Piccaboo
05-04-2012 at 11:50 AM.
05-04-2012 at 11:50 AM.
Quote from Zoe Moon :
Yeah, that would be like jumping into the shark tank at Sea World during feeding time. laugh out loud

Scratchhead contractly?
Yep n00b still doesn't get it that there is no such "contract" that exists between the paying customer and a non-existent "law" the restaurant has made up - simply to try to entice a customer to pay something they do not have to Rofl2 Now he is making things up. He really should take this to the Podium, and see how he fares over there LMAO
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Joined Jan 2008
HER SPOILED HIGHNESS
> bubble2 9,504 Posts
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ALVSGIRLY
05-04-2012 at 11:52 AM.
05-04-2012 at 11:52 AM.
Teehee
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Joined Oct 2006
L5: Journeyman
> bubble2 726 Posts
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dukpoki
05-04-2012 at 12:43 PM.
05-04-2012 at 12:43 PM.
take it to the podium or not i don't care lol. oh the podium, i'm sooo scared. (/sarcasm) you guys know this is teh internets right?

Quote from Piccaboo :
Yep n00b still doesn't get it that there is no such "contract" that exists between the paying customer and a non-existent "law" the restaurant has made up - simply to try to entice a customer to pay something they do not have to Rofl2 Now he is making things up. He really should take this to the Podium, and see how he fares over there LMAO
so i made up a word. BIG DEAL! what a big baby. go cry me a river. instead of making a big deal just use context clues. you know what the point was. atleast i hope you do.
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Last edited by dukpoki May 4, 2012 at 12:53 PM.
Joined Oct 2006
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dukpoki
05-04-2012 at 12:49 PM.
05-04-2012 at 12:49 PM.
Quote from Piccaboo :
Yep n00b still doesn't get it that there is no such "contract" that exists between the paying customer and a non-existent "law" the restaurant has made up - simply to try to entice a customer to pay something they do not have to Rofl2 Now he is making things up. He really should take this to the Podium, and see how he fares over there LMAO
really i'm just stating my opinion. i think an 18% gratuity stated in the menu should be payed for because the customer read it before ordering. Why is this concept something you have to call me out for trying to cheat someone? You have your opinions and i have mine. I'm not saying it's the law to do so but it's not also the law to not do so. I'm saying if LA fishermans go to court they'll have a good chance at winning the lady's complaint about not wanting to pay. I don't own a restaurant and i don't care if the law ever goes into effect or does not because i've already moved on from waitering. It doesn't affect me. However i don't mind voicing what i learned so that in the future generations, things will be more fair and equal.

Jesus Christ you guys are like vultures. get off my nuts already.
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Last edited by dukpoki May 4, 2012 at 12:52 PM.
Joined Mar 2009
Schrödinger's Frog
> bubble2 19,434 Posts
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Frogstar
05-04-2012 at 12:54 PM.
05-04-2012 at 12:54 PM.
Quote from dukpoki :
really i'm just stating my opinion. i think an 18% gratuity stated in the menu should be payed for because the customer read it before ordering. Why is this concept something you have to call me out for trying to cheat someone? You have your opinions and i have mine. I'm not saying it's the law to do so but it's not also the law to not do so. I'm saying if LA fishermans go to court they'll have a good chance at winning the lady's complaint about not wanting to pay. I don't own a restaurant and i don't care if the law ever goes into effect or does not because i've already moved on from waitering. It doesn't affect me. However i don't mind voicing what i learned so that in the future generations, things will be more fair and equal.

Jesus Christ you guys are like vultures. get off my nuts already.
Who what in the where now?
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Joined Oct 2006
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dukpoki
05-04-2012 at 12:58 PM.
05-04-2012 at 12:58 PM.
Quote from Frogstar :
Who what in the where now?
It doesn't say in the lawbooks, that a customer HAS to pay for any surcharge (b/c it's iffy, it's considered gratuity and everyone knows gratuity isn't mandatory, but in this case we are talking about a charge that's considered gratuity but really isn't. it's a charge for number of parties. etc.) but also it doesn't say in the lawbooks, that a customer DOES NOT have to pay for any surcharge if he or she so wants to. It does however say in the lawbooks that a customer DOES NOT have to pay for gratuity. GET IT NOW?
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Joined Mar 2009
Schrödinger's Frog
> bubble2 19,434 Posts
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Frogstar
05-04-2012 at 01:04 PM.
05-04-2012 at 01:04 PM.
Quote from dukpoki :
It doesn't say in the lawbooks, that a customer HAS to pay for any surcharge (b/c it's iffy, it's considered gratuity and everyone knows gratuity isn't mandatory, but in this case we are talking about a charge that's considered gratuity but really isn't. it's a charge for number of parties. etc.) but also it doesn't say in the lawbooks, that a customer DOES NOT have to pay for any surcharge if he or she so wants to. It does however say in the lawbooks that a customer DOES NOT have to pay for gratuity. GET IT NOW?
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Joined Oct 2006
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dukpoki
05-04-2012 at 01:06 PM.
05-04-2012 at 01:06 PM.
Quote from Frogstar :
no not really why?
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Joined Apr 2010
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Majide
05-04-2012 at 01:28 PM.
05-04-2012 at 01:28 PM.
Roll
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Joined Jan 2007
Free hugs!
> bubble2 16,512 Posts
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uniquename
05-04-2012 at 01:59 PM.
05-04-2012 at 01:59 PM.
Quote from dukpoki :
It doesn't say in the lawbooks, that a customer HAS to pay for any surcharge (b/c it's iffy, it's considered gratuity and everyone knows gratuity isn't mandatory, but in this case we are talking about a charge that's considered gratuity but really isn't. it's a charge for number of parties. etc.) but also it doesn't say in the lawbooks, that a customer DOES NOT have to pay for any surcharge if he or she so wants to. It does however say in the lawbooks that a customer DOES NOT have to pay for gratuity. GET IT NOW?
Get your oil changed and refuse the recycling fee calling it a gratuity. Get video please.
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Joined Feb 2010
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> bubble2 1,002 Posts
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beanqueen
05-04-2012 at 02:05 PM.
05-04-2012 at 02:05 PM.
Quote from Piccaboo :
Yep n00b still doesn't get it that there is no such "contract" that exists between the paying customer and a non-existent "law" the restaurant has made up - simply to try to entice a customer to pay something they do not have to Rofl2 Now he is making things up. He really should take this to the Podium, and see how he fares over there LMAO
Quote from dukpoki :
really i'm just stating my opinion. i think an 18% gratuity stated in the menu should be payed for because the customer read it before ordering. Why is this concept something you have to call me out for trying to cheat someone? You have your opinions and i have mine. I'm not saying it's the law to do so but it's not also the law to not do so. I'm saying if LA fishermans go to court they'll have a good chance at winning the lady's complaint about not wanting to pay. I don't own a restaurant and i don't care if the law ever goes into effect or does not because i've already moved on from waitering. It doesn't affect me. However i don't mind voicing what i learned so that in the future generations, things will be more fair and equal.

Jesus Christ you guys are like vultures. get off my nuts already.
I get that there shouldn't be any forced gratuity, but I do agree with dukpoki that if it's stated by the restaraunt then you're basically agreeing to it by being there. It's the same thing as the notice on ATM machines, instead of pressing the button that you Accept the $2.50 service charge, you do so by sitting down and Accept the 18% service charge (which I think is what most places I've seen it called vs. calling it gratuity which is your chosen tip).

It's stupid and it shouldn't be allowed, but if you don't want to pay it then don't go there with a large group.

I think the confusion really is in the fact that so many places call it gratuity...which isn't what it is. It's a service charge not tip. That's why so many places still leave a line to add tip post service charge. I think if this was brought up in court the big delima would be in vocabulary deciding if gratuity is optional and service charge is required.

I also don't get why you guys jumped down his throat...he used some dumb words but his arguments were valid for the majority of his posts. (yeah the law arguments were dumb, but he did try to address his arguments as personal opinion later) And he hasn't been a terrible douch like they are in the Podium.
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Joined Mar 2009
Schrödinger's Frog
> bubble2 19,434 Posts
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Frogstar
05-04-2012 at 02:27 PM.
05-04-2012 at 02:27 PM.
Because it's fun?
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Joined Feb 2010
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> bubble2 1,002 Posts
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beanqueen
05-04-2012 at 02:31 PM.
05-04-2012 at 02:31 PM.
Quote from Frogstar :
Because it's fun?
You big meanie!!! Now if he kills himself, it'll be because of your cyber-bullying...LMAO
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Joined Mar 2009
Schrödinger's Frog
> bubble2 19,434 Posts
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Frogstar
05-04-2012 at 02:37 PM.
05-04-2012 at 02:37 PM.
Quote from beanqueen :
You big meanie!!! Now if he kills himself, it'll be because of your cyber-bullying...LMAO
Don't forget the other people carrying torches and pitchforks Nono1
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Joined Jul 2005
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> bubble2 10,159 Posts
z2g
05-04-2012 at 03:06 PM.
05-04-2012 at 03:06 PM.
As someone mentioned, there was a similar case not long ago. It comes down to the language. If the menu states that it's a mandatory "service fee" or similar phrase, patrons have to pay it. However, if it states that "gratuity" is mandatory for parties of x or more, then it's not enforceable since, by definition, gratuities are based on patrons' choice.

So, if the restaurant's menu says gratuity, they would be in BIG trouble if they illegally detained a patron for refusing to pay it.
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