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Old 09-11-2004, 04:12 AM   #51
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Old 09-11-2004, 04:13 AM   #52
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How about the business owners charges the cutomer a price for the food so he can pay the waiters a proper wage. If the service is good maybe some customers will add a tip on top. It works in the UK, Australia and NZ.
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Old 09-11-2004, 04:17 AM   #53
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Here's a tip, go to college and get a better job.
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Old 09-11-2004, 04:28 AM   #54
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Quote:
Originally posted by Sexzity
It is a lot easier here in Denmark. Tip and taxes are included in the bill. If it say a biff cost 10$ is it 10$ and tips are giving if you like the service.
Yeah, and most of the time, given the ridiculously high prices and the 25% sales tax, few leave any tips and the waiters don't really expect it.
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Old 09-11-2004, 04:42 AM   #55
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Old 09-11-2004, 04:47 AM   #56
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Quote:
Originally posted by DarkJedi
How about the business owners charges the cutomer a price for the food so he can pay the waiters a proper wage. If the service is good maybe some customers will add a tip on top. It works in the UK, Australia and NZ.
Exactly that. Waiting wages aren't great here but aren't that low either. If they make an effort I always leave a tip. The better the service, the better the tip. If the service is crap they get nothing but still achieve min. wage or above.

If a tip is compulsory it sort of makes the whole concept of leaving a tip in the first place pointless.
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Old 09-11-2004, 04:57 AM   #57
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Originally posted by DarkJedi
How about the business owners charges the cutomer a price for the food so he can pay the waiters a proper wage. If the service is good maybe some customers will add a tip on top. It works in the UK, Australia and NZ.
It sure does.
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Old 09-11-2004, 05:03 AM   #58
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Originally posted by DarkJedi
RedShoe: "My salad took 20 minutes to get here and it had the wrong dressing"

Waitress: "I'm sorry sir, it won't happen again"

RedShoe: "Good. Here's your 15%."

Waitress: "Sucker"
lol
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Old 09-11-2004, 05:29 AM   #59
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I haven't heard of this ever going to court... But we'll see what happened. The manager was pretty stupid about this IMHO... The customer can turn around and file crazy false arrest charges, extortion, fraud, etc. If he has food allergies, he could also file for attempted murder. You could be sure that the guy is going to start complaining to the board of health on a daily basis about the place.

If the restaurant loses in court, they set a crazy precedent. I would think a lawyer may have a reasonably easy time convincing a judge that a gratuity is not mandatory. I would think that he comes into court and says that the labor law relationship is between the waitress and the restaurant, and that the restaurant is paying her the minimum wage. For the restaurant to be forcing an employer-employee relationship between the customer and employee because he had 9 people on the bill is not legitimate. But the restaurant filed the theft of service charge, not the waitress - which means that the restaurant is acting as a the recipient of the money instead of the waitress. Yet the waitress is the one who according to labor laws is supposed to be the one to do this. Very intereresting.
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Old 09-11-2004, 05:45 AM   #60
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Not giving tips is a crime?!
Not paying all the fees a business states that you will be charged for a service is.

Also, we don't know if the tip was or wasn't on the bill.
Every place I have been to that does mandatory tipping for large groups has always put it into the final bill. So this guy, for whatever reason, might have subtracted it out.

And yes... This who situation wouldn't even have happened if a waiter/waitress' base pay from the restaurant was high enough and tips were for EXTRA good service.
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Old 09-11-2004, 05:56 AM   #61
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Old 09-11-2004, 06:22 AM   #62
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Not giving tips is a crime?!
anyways 18% tip is too much...
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Old 09-11-2004, 06:26 AM   #63
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I think wait staff should be paid a decent wage instead of having to rely on tips. Put the extra cost of wages into the price of meals.
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Old 09-11-2004, 06:36 AM   #64
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In the USA, Czech Republic and mostly everywhere, the following applies.

IF THE TIP IS MANDATORY under the terms of Service of The Restaurant. YOU MUST PAY IT. Period.

Do not Like the terms of service ? GO FIND ANOTHER PLACE TO EAT.

However if you simply refuse to pay or partially pay the bill, of course you face a penalty according to the local laws.

Anyone who says otherwise, obviously does not eat above the McDonalds level very often.
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Old 09-11-2004, 06:48 AM   #65
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Party of nine and the bill only came to $77.43?
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Old 09-11-2004, 06:49 AM   #66
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Quote:
Originally posted by Praguer
In the USA, Czech Republic and mostly everywhere, the following applies.

IF THE TIP IS MANDATORY under the terms of Service of The Restaurant. YOU MUST PAY IT. Period.

Do not Like the terms of service ? GO FIND ANOTHER PLACE TO EAT.

However if you simply refuse to pay or partially pay the bill, of course you face a penalty according to the local laws.

Anyone who says otherwise, obviously does not eat above the McDonalds level very often.
I agree because it sounds like it WAS clearly stated prior to eating. Although it's still daft, the guy (or at least it looks like it) knew the rules before eating. However, we have two threads going here. One is concerning the case specifics and the other is tipping in general. 'amost everywhere' does not pay wages so low that tipping for crap service is considered normal. Most of the rest of the world tip to reflect the quality of service given.

To be honest even in the US I still see no reason why the tip should not reflect the service i.e. if the service is crap no tip. The waitress gets paid shit and needs more? Then she simply has to do her job and do her job properly so that she does get good tips. If she's so lousy that nobody tips her then she has nobody to blame but herself and needs to get her act together. Again it goes back to the fact that tipping should never expected but rather earnt - it's the whole point of it.
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Old 09-11-2004, 07:04 AM   #67
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Old 09-11-2004, 07:37 AM   #68
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Just a few insights for everyone complaining about tipping:

Waitstaff/Barternders have to claim a miniumum of 8% of their sales as reported taxable earnings. So if a table of 10 people come in and eat and run up a $800 bill the government assumes the waiter made at an 8% tip requires them to pay income tax on 8% of that $800 bill or $64. So that is the main reason that mandatory tips of 18% are added to parties over 6 people... so the waiter doesn't get screwed by a bunch of people who usually want seperate checks and a typical shitty tippers whether the service is good or not.

Tipping is only mandatory on parties of 6 or more in the US. Why is everyone from outside the US saying that there system is better with a surcharge added???? This is the same as added grautity.... so in reality you are tipping whether the service sucked or not no matter how many people are in the party. How is that better than optional tipping?

When you go out to eat and your service didn't meet your expectations I.E. food to a long time, messed up order, etc.... don't assume it was your waiters fault and be a dick and don't tip. There are 100's of reasons in a restaurant that can be the cause of these problems all out of the control of your waiters hands and believe me when these things happen your waiter is generally just a frustrated as you. Ask to speak to a manager and get a discount on the bill.... but tip your waiter on the full price.

The only time you should never tip a waiter is if they are rude to you personally. Their attitude is the one thing that they can control.

If you are a cheap fuck and don't believe in tipping... and stiff your waiter or bartender.... they will remember you if you ever come back, and believe me all of the other staff will also know who you are and you will from then on out get shitty service, no one will want to wait on you and you might just get some suprises in your food or drink... haha be careful.
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Old 09-11-2004, 07:54 AM   #69
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Quote:
Originally posted by Praguer
In the USA, Czech Republic and mostly everywhere, the following applies.

IF THE TIP IS MANDATORY under the terms of Service of The Restaurant. YOU MUST PAY IT. Period.

Do not Like the terms of service ? GO FIND ANOTHER PLACE TO EAT.

However if you simply refuse to pay or partially pay the bill, of course you face a penalty according to the local laws.

Anyone who says otherwise, obviously does not eat above the McDonalds level very often.
I dont thing many read the TOS for eating on a restaurant.
I belive that in the US the TOS will be around 10000 pages long, to secure the resstaurant agains all kinds of lawsuies.
Remember the hot cofee at MCD.
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Old 09-11-2004, 08:08 AM   #70
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Quote:
Originally posted by baddog
If they received poor service then they should have said something instead of just shorting the bill
Nothing like leaving a nickel tip or a few pennies to leave the message service sucked.

For groups of six or more , the tip is in included in the bill. I could see someone getting pissed if service really sucked and saying fuck you twice. Once face to face and second with the tip.

This will be a nice case for the judge. Of course if it were me, I'd hire an attorney. So then that $18 tip or what ever would be a lot higher

Maybe this will test the practice of adding a tip to the bill at law??
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Old 09-11-2004, 08:10 AM   #71
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If it's mandatory, they should put it on the damned bill. In fact, they should include it in the food prices and just pay their damned waitresses...

indeed
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Old 09-11-2004, 08:11 AM   #72
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What a freaking stupid law
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Old 09-11-2004, 08:21 AM   #73
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Quote:
Originally posted by OWNED
Tipping should be abolished.

In the US they get at least minimum wage by law. If they don't get it in tips, the restaurant is supposed to make up the difference.
Minimum wage for waiters and waitresses is $2.18 an hour.

At any rate I'd never go to that place again. Mandatory tipping? Hell no. Why, so the service can be crap and they know they still get a tip?
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Old 09-11-2004, 08:24 AM   #74
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Quote:
Originally posted by Praguer
In the USA, Czech Republic and mostly everywhere, the following applies.

IF THE TIP IS MANDATORY under the terms of Service of The Restaurant. YOU MUST PAY IT. Period.

Do not Like the terms of service ? GO FIND ANOTHER PLACE TO EAT.
yes and when restuarants with stupid rules go out of business they will learn the #1 rule of business THE CUSTOMER IS ALWAYS RIGHT.
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Old 09-11-2004, 08:27 AM   #75
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Tipping should be abolished.

In the US they get at least minimum wage by law. If they don't get it in tips, the restaurant is supposed to make up the difference.
WRONG. In Missouri for example, most waitresses make $2.15 hr + tips.
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Old 09-11-2004, 08:32 AM   #76
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Originally posted by baddog
A man from the New York City area was arrested Sunday night after his party of nine failed to leave an 18 percent tip, the restaurant's mandatory gratuity for parties of six or more people, which had been added to his bill.

That is pretty standard in any place higher up the food chain than McDonald's
yes, but for bad service, I leave no tip.
this gives the Rest. a Lic. 2 steal as far as I'm concerned.
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Old 09-11-2004, 08:33 AM   #77
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OK. I still firmly believe that bad service is not deserving of a tip. And I don't care if that waitress / waiter served 3,000 people.

Adding that as a mandatory charge should be the crime here, not the person refusing to pay it.
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Old 09-11-2004, 12:21 PM   #78
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Quote:
Originally posted by Praguer
In the USA, Czech Republic and mostly everywhere, the following applies.

IF THE TIP IS MANDATORY under the terms of Service of The Restaurant. YOU MUST PAY IT. Period.

Do not Like the terms of service ? GO FIND ANOTHER PLACE TO EAT.

However if you simply refuse to pay or partially pay the bill, of course you face a penalty according to the local laws.

Anyone who says otherwise, obviously does not eat above the McDonalds level very often.
If the tip is MANDATORY, then good service should be MANDATORY as well.

Anyone who says different eats at the level of an idiot.
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Old 09-11-2004, 12:28 PM   #79
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ROFL i live in albany and this shit was on the local news! HAHAHA

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Old 09-11-2004, 12:32 PM   #80
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The whole concept of mandatory tipping is bullshit anway.

One -- nobody tells me how to tip or how much, period. I decide that.

Two -- 15-20% is CUSTOMARY, not MANDATORY... it is in poor taste and bad manners to short on the tip, but that only applies when the service was good.

Three -- Whenever I find myself inside a restaurant that does have mandatory tipping, the service better be worth it, or I will never go back there and will never recommend the place to others.

Four -- Just because a restaurant puts some text on a menu that says a certain amount is mandatory for a tip, how does that automatically make something legally binding? I should start putting "Paypal me a $10 tip for the good service provided by this website" on all my sites. Obviously it would then be the law, and anyone not sending me that tip could also be prosecuted, right?
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Old 09-11-2004, 12:36 PM   #81
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The more I think about it the better this sounds.

Imagine the customer threatening (or even filing) a civil and criminal case against the restaurant for conspiracy to defraud, conspiracy to falsify a police document, and a pile of other stuff. That's bad. Then you start digging in, you start finding how cash businesses misappropriate money and how the waitress is not paying her taxes properly - and then you nail the whole lot on rico.

You could even slam the waitress with a civil suit that would bankrupt her.

A tip is NOT a service fee. You pay a valet to park your car, and then if you get it back without dents you tip him. You are ENTITLED to getting your car back without dents. It's just a convenience bonus.
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Old 09-11-2004, 12:40 PM   #82
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Tipping is not mandatory by law. All he has to say is that he was not satisfied with the service. He will get off. Only problem is that he will have to pay thousands in legal fees.
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Old 09-11-2004, 12:41 PM   #83
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I completely agree with tipping if you are happy with the service. Normally a certain percentage is attached to the bill for larger parties - in finer restaurants.

If you are not happy or content with the service, I would indicate this to the manager, and then not pay. Otherwise, pay the damn tip ya cheap bastard.

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Old 09-11-2004, 12:42 PM   #84
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If it's mandatory, they should put it on the damned bill. In fact, they should include it in the food prices and just pay their damned waitresses...
That is how it is in many countries.
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Old 09-11-2004, 12:46 PM   #85
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Originally posted by 2XY
Very true. I'd rather see tip calculated in to the bill rather than having me do the math.
the tip was calculated into the bill, the guy refused to pay it. Nine people at his table, and he wasn't going to leave any tip, even though it was calculated into the bill, and was most likely stated on the menu that parties of 6 or more the tip would be calculated into the bill
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Old 09-11-2004, 12:49 PM   #86
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Quote:
Originally posted by Praguer
In the USA, Czech Republic and mostly everywhere, the following applies.

IF THE TIP IS MANDATORY under the terms of Service of The Restaurant. YOU MUST PAY IT. Period.

Do not Like the terms of service ? GO FIND ANOTHER PLACE TO EAT.

However if you simply refuse to pay or partially pay the bill, of course you face a penalty according to the local laws.

Anyone who says otherwise, obviously does not eat above the McDonalds level very often.
I wasn't been in CZ couple of months, so you can be right...
From my experience I saw 2 different bills. One with service (10%) included in final sum, and one with "Service is not included".
However, I alwasy tip, more than 10%, that isn't a point, but from my experience places with "service included in bill" aren't places where I will eat again...
And, I didn't eat anything in MD at least 2 years...
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Old 09-11-2004, 12:50 PM   #87
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This is false.

Yes, you or your sister mary jane rottencrotch was probably shafted in the past. Not my fault you don't know the law.

I'll even provide a link:

http://www.dol.gov/esa/regs/compliance/whd/mwposter.htm

Tip Credit: Employers of "tipped employees" must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee's tips combined with the employer's cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference.
Why leave out the last sentence of the paragraph you quoted?

Tip Credit: Employers of "tipped employees" must pay a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee's tips combined with the employer's cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference. Certain other conditions must also be met.
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Old 09-11-2004, 12:54 PM   #88
baddog
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Quote:
Originally posted by NoHassleSteve
Not paying all the fees a business states that you will be charged for a service is.

Also, we don't know if the tip was or wasn't on the bill.
Yes we do.

A man from the New York City area was arrested Sunday night after his party of nine failed to leave an 18 percent tip, the restaurant's mandatory gratuity for parties of six or more people, which had been added to his bill.
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Old 09-11-2004, 12:55 PM   #89
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Quote:
Originally posted by Veterans Day
I know 3 girls working downtown chicago make 60-80 an hour, working at some high class joints.
after tips
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Old 09-11-2004, 12:56 PM   #90
Rich
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always read the fine print
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Old 09-11-2004, 12:57 PM   #91
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Quote:
Originally posted by baddog
after tips
Did you figure that one out on your own?
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Old 09-11-2004, 01:03 PM   #92
baddog
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Quote:
Originally posted by Tipsy
To be honest even in the US I still see no reason why the tip should not reflect the service i.e. if the service is crap no tip. The waitress gets paid shit and needs more? Then she simply has to do her job and do her job properly so that she does get good tips. If she's so lousy that nobody tips her then she has nobody to blame but herself and needs to get her act together. Again it goes back to the fact that tipping should never expected but rather earnt - it's the whole point of it.
You are making a couple assumptions here.

1. That her service was poor.
2. That if the service was poor it was her fault.

A few months ago I went to a party with my family to some restaurant and there were about 20 of us at the table. We got our beer quickly enough, but we waited about an hour before our food arrived, and that was only after one of my sisters went to the manager and complained.

It turned out that they had a problem in the kitchen, the problem was completely out of control of the waitress.

The manager knoocked at least $50 off the $100 bill for the inconvenience, and we in turn used that $50 to tip the waitress. She had done her best, but she can't bring us food that isn't cooked.
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Old 09-11-2004, 01:07 PM   #93
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Old 09-11-2004, 01:11 PM   #94
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Quote:
Originally posted by Rich
Did you figure that one out on your own?
no, I called to verify
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Old 09-11-2004, 01:11 PM   #95
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I love when discussions of TOS come up on this board.

Why?

Because the resteraunt put a "mandatory" gratuity clause somewhere on his menu, bill etc as do most resteraunts when dealing with large parties and you guys won't accept that.

HOWEVER...LOL this is where the funny part comes in...if someone questions you about your shitty little TGP rules or fails to follow line #1001 of your sponsor program rules *of course all written in size 1 font* you ban them or term them and if you are a sponsor keep their hard earned money and scream about your TOS and how it's your business and you get to set it...which is true.

I think we should eradicate hourly pay and salaries for EVERYONE.

I think EVERYONE should have to work for a commission and tip...I think we would see quality service in this country become the competitive edge businesses have over each other.

I'm so sick of dealing with minimum wage college kids who couldn't give a fuck if you buy something from their store or not because they are still going to make that hourly wage regardless.


And for those who keep saying add the tip into the bill..as has been pointed out THAT DEFEATS THE PURPOSE OF A TIP.

I tip..and I tip well...especially when the service was excellent or the waiter/waitress had to serve a large party and may have missed out on a lot more tips....but I do make sure the tip reflects bad service or I speak to the manager.
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Last edited by eroswebmaster; 09-11-2004 at 01:13 PM..
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Old 09-11-2004, 01:17 PM   #96
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Tipping for large parties is mandatory. It's printed on the menu and most restuarants also hang a sign near the door to state their policy. Try not leaving a tip for your party of 10 and see what happens.
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Old 09-11-2004, 01:24 PM   #97
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I guess some people cannot read.

Quote:
A man from the New York City area was arrested Sunday night after his party of nine failed to leave an 18 percent tip, the restaurant's mandatory gratuity for parties of six or more people, which had been added to his bill.
It WAS added to the bill, and the guy still did not pay it.

The tip is almost always madatory for parties over a certain number of people. If you don't like it, don't eat there.
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Old 09-11-2004, 01:54 PM   #98
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OK, the guy who didn't tip is a fucking douchebag. What was it, 9 people and a $77 bill? That means each of the nine people would have to put in $1.30 for tip. OMGZ THATS SO MUCH.
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Old 09-11-2004, 02:01 PM   #99
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Unless the restaurant's policy wasn't prominently displayed the man is stupid for thinking he could just go ahead and eat there and not pay the total bill. If you don't like a business's policies you have no reason to think they are going to make an exception for you. He should have gotten his entire party to walk out and head to the afore mentioned McDonalds
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Old 09-11-2004, 02:02 PM   #100
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Thats not right . they must be very cheap.
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