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Yesterday I and my friend visited an restaurant that served buffet lunch. We both had buffet lunch. Besides the charges for the buffet and the sales tax, we also saw Gratuities as part of the bill. I have never seen this before. Usually they charge it for parties of 6 or more. Is this legitimate?

2006-10-20 04:50:16 · 10 answers · asked by LB 1 in Dining Out United States Other - US Dining Out

10 answers

Legally, a restaurant can NOT MAKE anyone pay gratuity. There was a big lawsuit in New York City recently where a similar situation to yours happened to a customer. The customer refused to pay the gratuity and just paid the bill plus tax. They were taken to court where a judge in NYC ruled that, although restaurants can put a suggested tip amount on their checks, customers are ultimately allowed to decide if and how much tip they want to leave.

I also wait tables and have had customers tell me that they won't be paying the included gratuity. My managers all have basically said that they're in the right. It's the customer's choice.

2006-10-20 04:53:50 · answer #1 · answered by NYC Tim 2 · 1 0

At buffet style restaurants it is often customary for the gratuity to be added to the bill since the servers, busboys, etc. do not actually take your order and serve your food. However, if you feel you did not receive any service or require anything from these people you can speak with a manager and explain why you are not agreeing to pay the gratuity and you are not required to pay it.

2006-10-20 04:55:46 · answer #2 · answered by CarolinaGirl 4 · 0 0

When it's buffet, restaurants usually include a service charge with the bill, as the bill will be a fixed amount. Even though the waiters only serve your drinks, they still make sure the buffet is stocked. I myself do not agree with it, but have experienced it quite often.

2006-10-20 07:38:03 · answer #3 · answered by Magrietjie v 2 · 0 0

They need to have a sign posted saying that the gratuity will be included on the ticket. We have several restaurants that do that here, but they at least let you know about it. If they post it, it is legal.

2006-10-20 04:56:42 · answer #4 · answered by Doug R 5 · 0 0

they cant legally charg it ........i was charged for gratuity once and i made them take it off because frankly the service was absolutely horrible......gratuity is just what it says money given free gratis according to the patrons judgement i would have raised a stink about it unless i felt the service was worth it.

2006-10-20 05:06:31 · answer #5 · answered by funkyk 3 · 0 0

It depends on the restaurant and the service you recieve.
For example....Last weekend, my fiance took me to Bonzai (a japanese steak house) for my birthday and they automatically took the tip out. I guess they just want to make sure that they get paid. If you think that your server deserves more/less you can always tell them when you pay to raise/lower it.

2006-10-20 05:00:51 · answer #6 · answered by Anonymous · 0 0

In Milan, they do it all the time! You have to pay about 30% of the overall bill for service.

2006-10-20 06:22:22 · answer #7 · answered by Anonymous · 0 0

Yes siree. At their discretion. But, if they do they are required to make you aware of the percentage & amount.
Usually not done unless there are 6 or more guests.

2006-10-20 08:36:13 · answer #8 · answered by Smurfetta 7 · 0 0

yes, there is usually a sign posted stating that, so you at least have the choice to stay or not..

2006-10-20 04:58:14 · answer #9 · answered by phyllis_neel 5 · 0 0

ask before eating.

2006-10-20 05:01:21 · answer #10 · answered by Anonymous · 0 0

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