Restaurant Overcharged, Doesn't Want to Provide Full Refund

Hoping to gain some 'clarity' or perspective on a recent situation I found myself in.

Went to dinner ~1 week ago with my brother to a restaurant I've never been to. We were the only customers there - the owner was sitting down eating with someone. We sat down, the owner was very welcoming and warm, brought around a young waiter (maybe mid-late teens) and told us the waiter was new and tonight was his first night. The waiter brought some menus, and my brother and I chose our food (appetiser, two meals, some bread). Food order was made based on both price and appetite.

Our food came out on time, and was really good. Upon payment/leaving, the overall bill struck me as being slightly higher than I expected. We went home, and I calculated the total based on the menu we were given being ~50 dollars, however, was charged 70 dollars (total different came to just shy of twenty dollars). Although the service was kinda dodgy (waiter was obviously very new/had never worked, no eye contact, no manners, very awkward), the food was really good and the owner was polite. I thought I would message them to let them know I had been overcharged, hoping they would credit me the amount owed (which I would happily spend on a second meal there).

Upon messaging them on Facebook, this is the exchange I had:

Me: Hi, I came in last night with my younger brother and I believe I was overcharged. I just did the maths on my order:

1x Chapli Kebab @ 7.50
1x Kofta Korma @ 15.99
1x Chicken Karahi @ 21.90
1x Afghani Naan @ 3.00
1x Garlic Naan @ 3.00

By my calculation this comes to $51.39 and I was charged $70. I understand that is was the waiters first night at work and I know mistakes happen - what is the best way to rectify this?

This is the reply I received:

Hi, (brokeunikid)
Sorry, for the late reply but thank you for bringing this matter to our attention. However as you mentioned above our waiters is new and unfortunately on that night he accidentally handed you the old menu with the old prices. Additionally, due to Covid we have added an increase of $2 on our entrees and $3 increase on our main dishes which we have placed a notice in the front of the store.
Thus, you order total would be:
1x Chapli Kebb: $10
1x kofta korma: $ 19
1x chicken Karāchi: 25:90
1x afghani Nana: 5
1X garlic Nana: 5:50
Hence, taking in-regards the new prices you’re total would be $65.50. We, will happily refund you the 4.60 that you were overcharge if any form you would wish. We sincerely apologise for the confusion and any inconvenience this may have caused you.
Thank you

So, here is the issue. The menu given to me in store, and the one on google maps/facebook are the same, listing the lower prices that I based my meal choices from. I think it's poor form on the owners behalf to blame his new staff member for 'giving out the wrong menus.' As for the sign saying the prices had increased, I did not see it (it was probably there, just not very obvious whatsoever).

Part of me wants to leave a scathing review and initiate a credit card chargeback. I spoke to my bro, he says they were busy and might be struggling, and I should just let it be (as a way of showing my support for local businesses). OzB community, what would you do?

TL;DR - Went to dinner with bro, was overcharged based on a menu I was never given with prices I never saw. Owner does not want to refund the discrepancy.

Poll Options

  • 598
    Let it go, not worth the hassle.
  • 103
    Accept the $4.60 refund
  • 180
    Credit card chargeback for full price discrepancy
  • 39
    Bikies

Comments

  • +81

    My time is worth more than the $19 or so, I just wouldn't go back.

    • +32

      I normally do this myself too these days. I used to chase after ripped off dollars or even cents, but time is worth more to me now that I'm older. If I realise while I'm there I'll tell them, or if it's a really large amount I'll chase it up. Otherwise I just don't go back. I hope it was worth it for the owner/store the few dollars that they ripped me off as they won't be getting any future patronage from me and losing possibly hundreds in the long run from myself and friends due to word of mouth.

      • +3

        I also keep track of this by my Google review.


        As per title however, OP is not entitled to full refund

        • Yeah I agree, should just get back the difference but a lot of drama for a few dollars.

    • +20

      There is a fairly high chance they try this with many of their customers, I would tell the credit card co I was over charged, then share the sorry story on your preferred resto review site, then they can deal with the fallout.

      • Not really worth the hassle for them

        There will always be a few that chase this to the end,

    • +2

      op should of just gone to the restraunt - wasted more time typing this on ozbargain,

      • Ha yes - half a novel!

        • +1

          some people got too much time on their hands.. he wrote an essay for 19 dollars lol

          • @striker5950: I have written many essays for no money at all, in fact paying for the privilege. Thanx une fo edumacating mi.

      • +6

        For some, venting frustration on a forum relieve the stress. It’s more value than $19. So why judge?

    • -1

      I highly doubt you have the correct idea of how much time a credit card chargeback requires.
      If you really do, well you have done an excellent job showing off how valuable your time worths :)

      • +4

        For the person making the chargeback or the people who have to process it and fight respond to it?
        Cause it took a 5min phone call for me to lodge one.

          • +6

            @truetypezk: You are worth more than $228 an hour? That is high even for hookers.

      • You can only do a chargeback on the complete amount. Not something I would do.

        • +3

          I dont know where did you get that but I have personally done a few partial chargebacks without any issues.

          • @truetypezk: Have never seen reference to this, I've only done full chargeback.

    • You're like my spirit animal

      • I get that a lot.

  • +14

    Tough one. Maybe let it slide this time.
    Next time, triple check your bill before paying for anything:)

    • yes pull out the calculator every time… unless we know quickmaths

      • +8

        "Two plus two is four
        Minus one that's three, quick maths"

      • +2

        Send you kids to Kumon school best investment of your life lol

        • +1

          Is Kumon the school with the strange face as its logo 😖

  • +32

    I agree with your bro that they are probably struggling, but I wouldn't go back. Hope that $20 was worth the loss of patronage.

  • +82

    Google reviews exist for this reason. Doesn't have to be scathing, just "don't trust menu price listed on google" and briefly explain situation.

    • +63

      More like "don't trust the menu price listed on the menu the waiter hands you".

    • -2

      I think you mean "don't trust menu price listed on google that have been uploaded by a Google user who is not affiliated with the restaurant"

  • +47

    Just don't eat there again. Leave a single star google maps review going over it briefly. "Old menu" is ridiculous if true and ridiculous if false. How is it your fault that your waiter gave you an old menu. And whether or not it was the waiters fault or the owners fault, what difference does that make to the amount you were overcharged.

    They might be struggling, but if OP is checking their bills and emailing itemised request for refunds then OP is probably struggling too.

  • +52

    Sometimes I dont get these small business owners and I have noticed quite a number of them doing this. You got no demand and you increase prices. It makes no economical sense. These shops deserve to get wiped out in a recession.

    • +16

      A bit harsh haha

      I'd say the owner should have eaten the cost difference in the mistake out of goodwill and just offered it as a credit for the next visit.

      Although they can't be expected to always update their menu online due to third party submissions or just inefficiency, the price you were given via the handed out menu should be indicative.

      • +10

        The reality of the situation is harsh. Many people and shops are struggling. But at the same time, good business owners will start to think out of the box, innovate, and improve their business. I have seen cafes doing interesting promotions, giving a 20% discount for takeaways, reducing wait stuff and focus more on their UberEats business, be more active on social media, spread awareness, etc.

        F&B is a super competitive industry. It is no secret that the strong survives and the weak dies and more innovative new market players enter. I wouldnt feel a thing for the bad business owners. They are just not cut out for this…

      • +21

        They have no excuse for using an 'old menu' and they are bound by consumer law to keep the prices shown on what ever menu you view.

    • +5

      Well said I totally agree, it is definitely economic suicide to raise your prices at your business that is already struggling.

    • +2

      It makes no economical sense

      That is why they continue in being a small business. Don't forget more small businesses fail because the owners have no idea how to run a business. Theory should be cheap prices will get your bigger volume but they are so worried about making a few extra dollars per table they don't look at the long term impact.

    • +52

      That usually a good reason to leave a tip

      Not in Australia.

    • +8

      Had to neg you for telling people to leave a tip in Australia

      • -7

        Each to their own. I used to work in a restaurant kitchen so appreciate tips. Now I don't work in the hospitality industry any more, I like to pay it forward by leaving a tip. I'm not telling people to leave tips. Same way as I don't tell people to donate to a charity. If neg voters don't like giving a helping hand, then they don't have to.

  • +6

    Just vote with your feet.

    Ive had the old menu excuse btw..

    • +8

      Same here, but in my case, they charged us the old menu price when it was pointed out to them

  • +54

    I'm willing to bet, there's no old menu, and that waiter wasn't new.

    • +2

      Would be worth testing this hypothesis

      • +5

        Agreed, don a fake beard and head back there to see which menu you get.

        • +2

          Gimme a few months, I'll just grow a real beard and report back!

  • +1

    You shouldve checked the bill before you paid.
    Stop going on about it now.

  • +4

    You cannot do a charge back on a discrepancy, its either the entire amount or nothing.

    The restaurant is definitely in the wrong, as all prices must be shown to the customer before ordering.

    If you want to be a dick, you can do a chargeback, and get the entire amount back, as they overcharged you.

    I would go into the restaurant, and get the refund back in cash.

    • Oops, I guess that's why they gave me all of the money back when a seller screwed me around and only sent me part of my order and kept saying they would send the rest in a couple of days, weeks later nothing. I told them I'd received part of it. I paid again for what they had sent and the seller had the nerve to complain about it, that I can't just get my money back and pay for what I'd received.

  • +10

    Leave them an honest in-depth review on the various sites, to act as a warning to others.

    The penny should have dropped, when you were asked to pay a rounded off figure of $70.

  • +9

    They can't charge you more than the price listed on the menu given to you after the fact. Discuss that with the restaurant first and if they refuse a refund of the full discrepancy mention that you'll initiate a chargeback.
    If you want to take on the chance of having to pay for a failed chargeback claim and feel like being punitive to the restaurant initiate the chargeback for the full discrepancy and lodge the reply as evidence that you were given one price but charged another. The reason for saying punitive is because when you initiate a chargeback the merchant is slugged with a fee (regardless of outcome IIRC, or at the very least slugged with a fee if the chargeback is ruled against them).

  • +24

    I appreciate the feedback from everyone so far. I definitely should have done the maths prior to leaving - was a rookie error messaging them later, especially when I knew at the time I had been overcharged (I guess I just wasn't feeling confrontational at the time).

    I have decided to leave a negative review highlighting my experience as I have described in the original post. As much as I want to initiate a chargeback (purely on principle), I am going to leave it as is because the twenty dollars definitely isn't worth my time, and I don't think I'm going to feel better about myself having done that to the business, regardless of the fact that what they did was wrong. Also, as suggested, I will not be dining with them again.

    As a side note, it is also interesting that various other people in this thread have highlighted that this has happened to them, which makes me believe even more that this was not an 'accident.'

    • +19

      It's a business not a person. You don't need to take into account the feelings of the business for their illegal practice of baiting and switching

      • messaging them later, especially when I knew at the time I had been overcharged (I guess I just wasn't feeling confrontational at the time).

  • +18

    I would reply to the owner that if you gave me a menu with the old prices then that is all I am willing to pay. If I had been given a menu with the new prices then I would not have ordered at all. This is false and misleading and dodgy practice. I expect my change at the earliest convenience. Seasons Greetings. Depending on the answer, leave your review

    • +4

      Then he should definitely be getting a refund! (ie, negative tip!)

    • +48

      This is Australia, for the love of god do not spread the idea and mentality of tipping here!

    • But a tip is meant for the waiter, not the owner

  • -8

    Broke uni kid can afford 70 on food ? Mmmmn

    • +7

      Made my account back in 2015 after lurking on OzB since 2010 - username did check out.

      • +2

        you do know you can change your username? maybe update it to "canafford$70meal"

    • Technically he cannot afford 70 on food hence the post.
      OP, I would expect to be paid the difference. It is up to you whether you want to chase it up or not but it would definitely be ok if you choose to do so.

  • +12

    It would be interesting if you went back now and the not-so-new waiter still gave the incorrect menu.

    • +7

      They're welcome to change their prices, but they need to give you a menu with the correct prices.

  • +10

    Go back to the shop and cause a scene. That’s what mature adults do. Bonus points for bringing nunchucks.

    • +3

      Did you do this and accidentally copped a nunchuck to the eye?

  • +2

    It is a valuable lesson to always check the bill before you pay it….

    Unfortunately there are people that make genuine mistakes and there are also people trying to make extra money from unsuspecting customers…

  • +1

    The question is, if you sat down, saw the prices from the new menu, would you have gotten up and left or stayed all just the same. If the latter then just let it go.

    • +1

      Who goes into a restaurant sits down THEN decides it’s out of their price range?

      • Actually, I've seen this a coupl of times here in Australia, but quite often overseas. Now can't say for sure why they upped and left but I'll assume it was due to either not liking what was on the menu or the prices.

        It's naive to think it doesn't happen.

    • +1

      If I got into a restaurant and it's expensive as hell, I wouldn't get up and leave. I'd just order less. If OP had gotten the new menu, maybe he wouldn't have ordered almost $70 of food. Maybe only $50.

    • +12

      Op wasn't over charged $4.60 though. Op was told the wrong prices then charged the prices that op wasn't even aware existed. That's the restaurants mistake and they should take full responsibility. I'd never go back.

  • +22

    Restaurant made a mistake and proceeded to still attempt to rip off the customer. The business practice speaks volumes.

    Places like this need to die out. Too many poor quality establishments keep in business in Australia. Leave factual bad review (noting the good food however) and eventually people might realise it's not worth the risk to go there.

    • OP said food is good. I check my bill before I pay and if I care, I will speak up.

      OP should post their review. Reviews like this get my business as they say more about the customer than the restaurant (other than the food is good).

      When I find a place like this I try to visit a few times a year. They are usually quieter, have excellent food and the owner makes a real effort to get to know you.

  • +2

    Leave a negative review, based on facts and move on.

  • +6

    negative revue with "they give you a menu with low prices and then charge you with the "new menu" prices that you didn't see.

    Why wouldn't you destroy the old menus? Some of these "businessmen" deserve to go out of business due to incompetence.

    • +2

      Sounds like decisive ignorance rather than incompetence. So when people complain they have a story to tell.

  • +5

    Maybe I'm biased but Australia's customer service sucks.

    • where have you had better customer service?

    • Actually I think it's pretty good. We don't allow smokers to sit with non smokers which is a rarity overseas

      • +4

        That's not because of customer service but rather laws passed by each state/territory.

        • one of the only restaurants internationally that bans smoking inside is maccas. its a godsend for asthmatics

      • +1

        That is so irrelevant. Also, Bangkok and Bali are not the only places you can visit overseas.

    • +1

      Totally agree and people overvalue their time lol. Tell me why do we pay unkilled labourers such high wages? Innovations in Australia?? Not a chance.

      • It's not such a high wage?

        Labouring isn't something you can do til 65-70 and there's a lot of wear and tear on your body. You also work with some stupid and unsavoury people sometimes.

      • Because their labour output is significantly higher than those from killed labourers ;)

        • The point is we pay a stupid amount of money for unskilled jobs.

    • Your first mistake is assuming you get a "service"

      It is more like some hard pressed actions. I like it to holding out a $50 and the recipient is too lazy to even take it, only motivation is you're not going to shoving it in their pocket and neither is the food going to magically fly off the shelf at Woolworths and prepare itself for consumption of that said person.

      It isn't as much service as it is a forced labour camp and the guards are money.

    • What's your sample size to arrive at that conclusion? 1?!

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