Is it legal to bill 15% as "Public Hol Surcharge"?

Tried to Google it for a while without conclusion.

Today I am billed 15% on the bill as Public Hol Surcharge, which I believe is a forced tipping. Normally I would be okay with this but the experience was regrettable because of the wait time and another billing issue, therefore, I wanted to file a complaint anyway. If there is an easy way to just tell, e.g. ACCC, I will try it.

Comments

  • +2

    Following legislative amendments in 2013, restaurants, cafes and bistros that charge a surcharge on certain days do not need to provide a separate menu or price list or have a separate price column with the surcharge factored in. However, the menu must include the words “a surcharge of [percentage] applies on [the specified day or days]” and these words must be displayed at least as prominently as the most prominent price on the menu.

    If the menu does not have prices listed, these words must be displayed in a way that is conspicuous and visible to a reader. These measures apply to pricing for both food and beverages.

    Source:

    https://www.accc.gov.au/media-release/misleading-menus-invit…

    Previous discussion
    https://www.ozbargain.com.au/node/186084

  • What kind of business was it?

    Edit: Ok I see it's a food business. Was the surcharge notice sufficiently prominent?

    • I didn't find a surcharge notice - in fact, I thought this item is the tip. So from this feedback, it turns out that Hol here represent Holiday.

      Today is a holiday only if normal Sundays are counted towards Holiday. So I went ahead and filed a complaint.

      • I meant prominent in the menu, did you send an image of that in your complaint?

        • I only sent the bill, not the menu, since I thought the fee was tip and therefore I didn't photo the menu.c

        • @enveloped: The test of whether they are complying with the law is whether the menu stated the surcharge as required. Sunday is lumped under Public Holiday so there's nothing wrong with that phrase or an abbreviation on the bill. On the menu it should say something like 15% surcharge on Sundays and Public Holidays, if they are compliant.

  • +2

    Which business was this? Might help other members, if you say who you are talking about!

    • Kobe Jones Sydney.

      On a side note, I was there for the dimmi.com.au 50% off but I ordered $39.9 per person set menu, which is "dinner special". In the end they quoted that dimmi.com.au 50% off shouldn't be used with other offers so they billed me full and I complied, paid in full. I left a note on dimmi.com.au 50% off special-deal page, for diners to be aware to not to order specials.

      But that bill thing wasn't even the main problem. The wait time is. Yesterday it took them 1hour 45minutes to serve all 6 dishes for the 4 people from the set and some of us left the table in the middle, and yesterday that place wasn't even full. The food is nice and the view is nice too, but only if you don't mind waiting hours for food - could be okay if you have a date with common interesting topics to while away the time, but not for family dinner like we did.

      I'm not sure if long wait is common in Australia upmarket restaurants - I went to Quay restaurant too, supposedly the best in Australia, and the wait time was dreadful there too, some 1 hour and 30 minutes from ordering to the last dish - but at there we ordered 12 dishes in total for 4 people, twice the variety, so they may needed more time.

  • +2

    The bottom of every page of the menu pretty clearly says that there is a 15% surcharge on Sundays and Public Holidays
    http://www.kobejones.com.au/wp-content/uploads/2016/09/KJS-A…

    • You are right. So I failed to notice.

  • Why is today a public holiday?

    • Just wait another 6 days, then it will be.

      • Ok nevermind missed the Sunday part…

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