I was leaving a comment on Mike's Blog but it began to turn into a Blog entry, so I figured I'd better post it here rather than leave an essay length comment on his Blog. Besides which, I'd already commented on that particular post of his once already ;)
We just had dinner at a restaurant where they listed on the Menu that parties of 8 or more would be charged a 15% gratuity. So 15% would seem to be the industry average, and I'm ok with that. I'm also ok with just a 15% gratuity being added to the bill. I frequently tip at 15% for average service, but I'll also tip better or worse depending on the quality of service. What I would not be ok with would be dining somewhere with a party of 8 (or more) and receiving sub-standard service and being expected to cough up a 15% tip (or more).
You might be pleased to know that you can, in fact, dispute that compulsory tip if you don't believe the service you received warranted a tip of such magnitude. The law allows the compulsory tip to be legally added to the bill IF it's listed either on the menu, or clearly displayed in the restaurant in a location where it is assumed the "common man" could not fail to notice it. But you can still dispute it. In fact if the restaurant correctly identifies the tip for "parties of 8 or more" as a "gratuity" and not as a "surcharge" and the authorities are called in and you find yourself in court because you refused to pay 15% (or more) for crappy service, there's a bloody good chance you'll win your case. A "gratuity" is provided at the customer's discretion, a "surcharge" is mandatory; see the difference?
If I have a drink that comes with free refills, I expect my glass to never be empty for more than a few minutes. If it does, or I have to stop my waiter and tell him I want a refill, that's poor service. If you make me stop you for a refill consider yourself lucky if you still get 15%. At Denny's or any other breakfast diner I expect my coffee mug to never be empty. Of course I take care of that myself by adding creamer and sugar when I need a refill but that's just so I don't have to tell the waitress to leave room for creamer & sugar, plus when they top me up it automatically mixes the fresh coffee with the creamer & sugar so I don't need to stir my cup, which drives Liz nuts because I like to ring the bell when I stir my coffee.
At a steakhouse that Liz and I dined at with a friend, we'd been working in the yard all day (laying pavers) and had developed quite a thirst. I forget how many Arnold Palmer's we put away during our meal but we're talking at least 5 pints, each. Our waitress was right on the ball and we'd barely drain one glass when she'd whisk it away and return with a fresh one. Excellent service. She got at least a 20% tip if I recall correctly.
I once ate breakfast with about 10 coworkers at The Pantry in downtown Los Angeles We got itemized bills. We also got an 18% to 20% gratuity automatically added to the bill because of our party size. Our waiter never brought out my toast until I reminded him. He needed reminding. He brought everyone toast but me, and showed no sign of bringing my toast either. The Pantry does excellent sourdough toast and it is delicious with orange marmalade and coffee.
Remember what I said earlier about the bottomless coffee cup?
My coffee cup, and everyone else's at the table, sat empty after we finished our first cup. Our waiter never offered any of us refills. Finally someone asked him if we could get a refill. Our separate bills arrived with an 18% tip added on. Half the table got up and paid then hung around outside waiting for the rest of us. Just as we were getting up to pay our bills the waiter arrived, with a pot of coffee, and asked if anyone wanted a refill. Asshole. While paying my bill I tried to tell the cashier I was not happy with the service and did not feel it warranted the 18% gratuity, but she relied on that age old excuse of shrugging her shoulders and staring at me blankly while saying "No comprende, senor."
So, if it's listed as a "gratuity" and you honestly do not feel the service you received warranted the percentage that was automatically added to your bill, you can dispute it. Cross it out and write in what you think is a more appropriate amount and re-tally the bill. Also make sure they didn't tax you on the gratuity, because if they did you will want to work out the tax based on your bill sans the gratuity.
I wish I'd been armed with the knowledge I now possess when I ate at The Pantry and received such crappy service. I'd have crossed off the gratuity amount, retallied the bill and left $1 tip, which is still more than that crappy waiter deserved. What is insane is one of my coworkers who ate with us is a lawyer, and she was unaware of the law regarding gratuities and surcharges, and she didn't offer me any advice...then again, with her being a lawyer, I should probably be glad she didn't. I might have saved a couple of dollars on the gratuity, but spent $20 for the legal advice :P
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2 comments:
The Pantry does have horrible service but the food more than makes up for it, which is why I still tip decently.
This is awesome. You took my rant and further validated it with some real facts. Equipping us for "out there". Nice work mate.
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