My wife and I had dinner at a nice Steakhouse. They automatically added 17% tip to the bill . Is this legal?

Question

It was written on the menu card that they add 17% tip to party of 8 or more but we were only 2. Not to mention we were the only colored folks in a upscale restaurant. I kept the bill and payed with credit card.

Answer 1

no



call your credit card co and get a refund or credit to your account.



write a letter to the manger and the Better Business Bureau

Answer 2

I would ask for the manager, it seems very unscrupulous of the waiter/waitress to immediately add the tip.



The typical tip is between 15 and 20 percent, but if you didn't like the service, there is no requirement for you to pay the gratuity.



I would do as someone else mentioned and check to see if it is posted that all checks include the gratuity, and if not, request that be removed from your bill.



I also would not return to that restaurant, there are so many that will respect you whether you are African American, white, or green.



I once got bumped at a fast food place of all things, because the employees were all African American, the other "guests" were also, and I was the only white woman, with a Hispanic hubby.



We saw our food sitting on the counter in the kitchen area and they just let it sit there, while they served others who had come in after us. I asked for my money back and we walked out. They tried to say "Oh, but your food just got finished" but I pointed at it, and said "It's been back there for fifteen minutes."

Answer 3

I am not certain on the legality issue but I think it is ridiculous. A tip is supposed to be based on the quality of service that is provided. Generally, a 15% tip what should be payed but ONLY if it is good service. If it is lousy service, the patron should have discretion to not leave a tip.



If they automatically add it, that goes into dangerous territory because the waitor then has no motivation to perform good service. They could just give lousy service then still get the 18%

Answer 4

You should have asked the manager why was the charge added.

Since the menu stated that the charge would be added on to a party of 8+, they did not have the right to automatically charge you.

Answer 5

That doesn't sound right to me, especially if their menu doesn't state that policy for tables under 8. Might have been a good idea to ask the manager over and point it out . . . giving the benefit of the doubt and assuming for the sake of this discussion that it is a mistake



But I couldn't answer the legality of it. You might go to the legal section of YA?

Answer 6

You need to take it to the mgr and go back there and have him explain the charge and you also need to contact the owner or corporate ofc, that is not right. You have up to 30 days to have all charges removed form your credit card which is what I would do, screw them.

A tip is never aurtomatic anyway, it means, literally, To Insure Proper Service. TIPS.

Answer 7

yes it is "legal" it is not typical, but deciding to add gratuity to the bill is up to the restaurant. it's not the law. it is the law for them to INFORM you that the tip has already been added.



it is a nuisance but yes it's legal. that's why you have to read the check throughly before paying it.







EDIT: sorry i didnt read your whole question: yes they were trying to cheat you out of money if they charged you for gratuity on a party of 2 when their policy is for parties of 8. my answer addresses a somewhat different quetsion. yes, i'd complain. they were hoping you would not notice, and if you had brought it to their attention, it'd be one of those things like "oops, we charged you gratituity! our bad, let us fix that!" and then they'd be pised you noticed.

Answer 8

I'd hate to say this, but they profiled you. I worked in a couple of nice NYC restaurants and black people typically tipped poorly. They never gave the assumed 20% Even the black servers would run when black people came into the restaurant, they hated waiting on them. I know it's terrible, but we would always add the gratuity because we knew we might not get it otherwise. We also did it to foreigners, British people would also not tip. It wasn't to be nasty, but we all knew that there were certain customers that would not tip properly.

Answer 9

Why did you pay it? When you were at the restaurant you should have pointed out THEIR error.



Now you'll have to fight your credit card company.



Pay attention next time and don't lose your spine.

Answer 10

You should have asked the manager to reverse the charge! That's crazy. You are only 2 people.

Answer 11

It is legal if it is written on their menu/posted around the restaurant in plain view.

Answer 12

you should have said something then and there. From my experience in the restaurant industry, once you paid, you were screwed.

Answer 13

challenge it

sounds like a legitimate gripe

Answer 14

probably not, but, if you were given good service, typically thats 20% tip...so, this saved you money...and, your race does not matter. you are a customer...