Restuarant Surcharge - What’s Your Interpretation of This T&C?

mini2 on 03/10/2022 - 10:51
Last edited 03/10/2022 - 11:34 by 1 other user

So we went to a buffet restaurant last night and got into a bit of an argument with the cashier.

This is their T&C:

“(Price also applies for dinner on the night before a public holiday.)”

“ Please note a 0.85% surcharge applies for all credit card transactions. A 10% surcharge applies on Sundays. A 15% surcharge applies on all Public Holidays (one surcharge fee of 15% if Public Holiday falls on a Sunday). An additional service fee of 10% applies to bookings of 10 people or more.”

We’ve been charged the 15% surcharge which I was OK with then got slapped with the 10% on top of the whole bill. So based on their T&C I should’ve paid the normal price + 15% surcharge then that was it not this 15% + 10% double jeopardy?

Food & Grocery

Comments

  • AndyC1 on 03/10/2022 - 10:58
    +23

    If you were with a group of 10 or more yesterday then the total surcharge is 25% or for less than 10 it's 15%.

    • mini2 on 03/10/2022 - 11:22
      +5

      That’s how I’ve interpreted the T&C as well but apparently I was wrong. Like I’ve said, I’m happy with the 15% knowing full well that’s it but being charged the 10% on top felt like daylight robbery.

      • capslock janitor on 04/10/2022 - 13:32
        +1

        it's been a double whammy from what i've seen

    • bobbified on 03/10/2022 - 11:36
      +18

      ….then the total surcharge is 25%

      Bill + 25% =/= Bill + 10% + 15%

      It's like those misleading ads where they give you a discount of 20% and then say "take off a further 10%". Most people, when they see it, immediately think it's a discount of 30% (when it's not).

        • cashless on 04/10/2022 - 16:07
          +48

          Tip? Who the hell gives a tip?

        • bobbified on 04/10/2022 - 16:35
          +42

          ..just give a smaller tip.

          Tip a place that has surcharge on top of surcharge? No thanks!

  • mini2 on 03/10/2022 - 11:00
    +2

    Nah there’s only 4 of us.

  • Amaris on 03/10/2022 - 11:17
    +2

    So what was their explanation for an additional 10% on top of the 15%?

  • Duckie2hh on 03/10/2022 - 11:18
    +20

    Then you got fiked over.

    • mini2 on 03/10/2022 - 11:21
      +26

      Yeah no wonder my butt feels a bit sore this morning.

    • Hangryuman on 04/10/2022 - 11:29
      +3

      Ben Dover !

      • grr1701 on 05/10/2022 - 09:15
        +1

        …and Philip McAferty.

        • Kangal on 05/10/2022 - 20:50

          Wayne Kerr

  • bobbified on 03/10/2022 - 11:27
    +5

    Was yesterday a public holiday?

    The way I read it, it was Sunday yesterday, so it should just be :

    A 10% surcharge applies on Sundays.

    So the total would be your bill, plus 10%.

    A 15% surcharge applies on all Public Holidays (one surcharge fee of 15% if Public Holiday falls on a Sunday)

    If yesterday was a public holiday, then it should be your bill, plus 15% only.

    • mini2 on 03/10/2022 - 11:37
      +2

      There’s also this bit: “(Price also applies for dinner on the night before a public holiday.)”

      Still 15% or 15% + 10%?

      • bobbified on 03/10/2022 - 11:39
        +3

        Price also applies for dinner on the night before a public holiday.)

        ah yes, I completely missed that bit! (how dodgey!!)

        But even then, it should only be 15%. They're pretty clear on just one surcharge applying, not both.

        • chriise on 05/10/2022 - 18:56

          They’re pretty clear on just one surcharge applying when public holiday falls on a Sunday… but it didn’t, it fell on a Monday.

          Sign is dodgy as.

    • mini2 on 03/10/2022 - 11:38
      +2

      I read the one surcharge fee as just the 15% satisfy it’s a day before a public holiday and also being a Sunday.

  • randomusername2017 on 03/10/2022 - 11:37
    +4

    Price also applies for dinner on the night before a public holiday

    Assume it would have been 15%.
    Sounds like they've been fairly liberal with the interpretation of "also".

  • ValueInvesting on 03/10/2022 - 11:41
    +10

    If you paid with credit card you should consider doing a chargeback for the additional surcharge.

    Did you dine somewhere at Crown Sydney? If so, you should definitely do a chargeback.

    • mini2 on 03/10/2022 - 14:20

      Yep, somewhere in Crown.

      I’ll have a look at my card’s scheme rules and see if there’s any grounds for a chargeback. Even so, that’s a little extreme…

      • Trance N Dance on 03/10/2022 - 15:49

        Depending on if the OP got charged $170.76 or $170.50 per person. If it's $170.76 then the surcharges were applied incorrectly but if it was $170.50 then the single 10% surcharge was applied correctly to the Public Holiday menu price of $155.

        • mini2 on 03/10/2022 - 16:52

          $170.50, so no wiggle room from a chargeback perspective.

          • Kangal on 05/10/2022 - 20:53
            +1

            @mini2: That bill is basically my food expenses for a month :'(

  • sharkyoz on 03/10/2022 - 12:02
    +8

    name and shame

    • mini2 on 03/10/2022 - 14:20
      +22

      Epicurean.

      • Homr on 04/10/2022 - 11:29
        +7

        Can't believe a high class restaurant like that will do some shady things by charging you 15% then another 10% on top of it.

        • jsparky77 on 04/10/2022 - 13:38
          +5

          They tend to be the worst from what I've seen.

          • Homr on 04/10/2022 - 14:07
            +10

            @jsparky77: They probably banking on the customer not to challenge the price once the bill is presented cos they will look like a tight ass in a high class restaurant.

            Like the Still water or Sparkling water trick.

            • mini2 on 04/10/2022 - 14:29
              +8

              @Homr: Nah they deliberately say tap water, like kinda shaming you into order a bottled water or something.

        • Serapis on 06/10/2022 - 00:50

          Fine dining places do this a lot more than normal restaurants from experience. Mandatory ~10% service fee sometimes + extra charges on weekends and public holidays. If you don't specify tap water, sometimes they'll bring the expensive stuff and bill you.

          Need to be careful if you don't want to get overcharged.

  • solidussnake on 03/10/2022 - 12:23
    +26

    Lave a nice and factual review on Google I'm sure they will reach out and offer the surcharge refunded

    • mini2 on 03/10/2022 - 14:22
      +6

      I’ll message them via FB asking for someone to reach out to for a quick chat. Feedback has also been left via their booking system and if anyone cares/reads it, they should get back to me?

      • jsparky77 on 04/10/2022 - 13:39
        +16

        Going public can give you more power if they dig their heels in.

        • ProlapsedHeinous on 05/10/2022 - 03:47
          +1

          It can, but if you can resolve it privately, it may have just been a one off error. different if theres public feedback of it happening all the time though.

  • capslock on 03/10/2022 - 12:39

    Isn't the public holiday on the Monday so the 15% surcharge applies for the night before.

    A separate 10% surcharge applies for being a Sunday.

    So both the 10% Sunday surcharge and 15% Monday public holiday surcharge applies.

    Did they charge you a 10% surcharge on the 15% surcharge?

    • mini2 on 03/10/2022 - 14:24

      But here’s the bit:

      A 15% surcharge applies on all Public Holidays (one surcharge fee of 15% if Public Holiday falls on a Sunday)

      Yep $135 x 15% then 10% on top of that amount so $170.50/person.

      • Trance N Dance on 03/10/2022 - 15:45
        +4

        They haven't double dipped in terms of surcharges but rather they've applied a 10% surcharge onto the Public Holiday menu price (which also applies on the night before a public holiday). $155*1.10=$170.50
        ($135x1.15x1.10=$170.76, if you were charged $170.76 then that's wrong but if you were charegd $170.50 that's correct according to the listed price and surcharges on the menu)

        It's dodgy and if you feel like it's shady then lodge a Fair Trading NSW complaint. I doubt much will be done since everything is listed on the menu as required.

        • mini2 on 03/10/2022 - 16:51
          +2

          If they explained it adequately, then that’s fair game. I'm the fool to dine there.

  • oscargamer on 03/10/2022 - 13:03

    Where was this T&C printed?

    • mini2 on 03/10/2022 - 14:26

      In the price list.

  • trex on 03/10/2022 - 13:09
    +4

    Crown Sydney?

    Based on the price list, (Price also applies for dinner on the night before a public holiday) is for the price, not surcharge. So $145 for dinner applies (night before public holiday). Since it is a Sunday, 10% surcharge applies on the $145.

    • redforever on 03/10/2022 - 13:32
      +1

      This. Did they charge you 160 or 184 per person?
      Note that 125+15% is roughly 145 which is the standard price for public holiday and public holiday eve.

    • randomusername2017 on 03/10/2022 - 13:35
      +1

      Makes sense once you read the actual t&c 👍

      Still a bit of a gouge though…

    • bobbified on 03/10/2022 - 15:07
      +10

      The full price list is confusing as shit.

      Restaurants like this usually list a single price and then put in the fine print that there's a surcharge for certain days.

      In this case, they've specifically listed the price for Sunday as $125. How can they then put a surcharge on top of that for Sundays?

      And then they've specifically listed the public holiday (and the night before) price as $145. That $145 figure already includes the 15% surcharge for public holidays. (That is, $125 x 1.15 = $143.75). And it's in their own policy that they only charge the public holiday surcharge OR the sunday surcharge - not both!).

      So I would question why they're even charging anything more than the specified Public Holiday price of $145!

      You've been ripped off! lol

      • redforever on 03/10/2022 - 16:00

        Only Christmas and New Year day menu includes the holiday surcharge.

        The 155 public holiday price does not include the surcharges. They just applies the pricier weekend rates for public holidays and eves. If you we to go today which is a public holiday, you would pay $155+15%=178.25.
        As you went yesterday (public holiday eve), the public holiday price of 155 + 10% sunday surcharge applies.

        • bobbified on 03/10/2022 - 16:26
          +6

          The 155 public holiday price does not include the surcharges.

          What? You're saying that their specific Public Holiday price (that is already 15% higher than the normal rate!) they have on the menu doesn't include the Public Holiday surcharge? (I'm not sure that would pass the "reasonable person" test….).

        • mini2 on 03/10/2022 - 16:49

          Got charged $155 plus the 10%.

          • bobbified on 03/10/2022 - 16:53

            @mini2:

            Got charged $155 plus the 10%.

            Where does the $155 amount come from?

            • mini2 on 03/10/2022 - 16:57
              +2

              @bobbified: This price list:
              https://www.crownsydney.com.au/getmedia/67de02ae-449c-4aed-8…

              Looks like there's 2 price lists floating around now. I wasn't aware of the Christmas/NYE special.

              • bobbified on 03/10/2022 - 16:59

                @mini2: aah, thanks.

                I've been looking at this link from this post that has $145 on it as the public holiday price. (Must be an older price list).

                I still do think that the Public Holiday price of $155 is the only price you should have paid.

              • trex on 03/10/2022 - 17:25

                @mini2: $155 plus 10% sounds right as per T&C.

                Sorry, $145 seems to be their Festive price list (I found it from Google).

  • parsimonious one on 03/10/2022 - 13:14
    +6

    I can see the restaurants logic that it’s:

    +15% as it’s dinner the night prior to the public hol
    +10% as it’s a Sunday

    But it makes no sense given if Sunday is a public holiday then it’s only 15% surcharge

    In any event I’d be well annoyed if I were you

    • tonsta on 04/10/2022 - 13:00
      +1

      I agree the logic doesn’t stack up, operations really didn’t think it through when they made the policy.

      Seems like they prefer less business as a surcharge of 10% applies to 10 or more customers.

      If I owned this business that surcharge is 1st to go followed closely by the person who implemented it.

  • WreckTangle on 03/10/2022 - 13:34
    -1

    Sunday was not a public holiday. It should’ve been a 10% surcharge.

  • capslock on 03/10/2022 - 13:49
    +1

    I wonder what they will charge on Dec 25 and Jan 1. They are both Sunday public holidays and public holiday eves.

    If they double dip then they will be breaching their own rule which says only one surcharge applies if the public holiday falls on a Sunday.

  • TimOfEastBNE on 03/10/2022 - 14:19
    +2

    Name and shame and never return. Plus google review with details

  • Summoner on 03/10/2022 - 14:35
    +2

    Definitely 15% as your group was less then 10.
    I would make a formal complaint, leave a review and move on and would not visit the restaurant again.

  • Motek Benzona on 03/10/2022 - 15:08

    You got done. Its pretty clear. I would be doing something about it post haste

  • foxmulder on 03/10/2022 - 15:26
    -1

    What the restaurant says when you contact them?

    • Baysew on 03/10/2022 - 15:42
      +1

      Computer says no

    • pegaxs on 03/10/2022 - 15:46
      -4

      have you asked OzBargain yet? And what was their suggestion?

      • mini2 on 03/10/2022 - 16:46
        +10

        Nah, I’m not asking OzB for a dispute resolution, I wanna see how everyone else interprets their T&C.

    • Gnosh on 04/10/2022 - 11:36

      What the restaurant says when you contact them?

      You could read the thread and find out.

  • qazwsx on 03/10/2022 - 15:32
    +14

    Is an eve of PH surcharge common for other restaurants? What's the logic in charging PH surcharge for the eve when the staff aren't on double time and a half?? This practice alone sounds like taking the piss.

    • mini2 on 03/10/2022 - 16:56

      First time I've seen this tbh; other restaurants have been the same surcharge for Sunday and PH or separate rates for Sunday and PH.

  • mini2 on 03/10/2022 - 18:19
    +5

    Update: got a missed call from the restaurant and they wanna have a chat about this.

    • Trance N Dance on 03/10/2022 - 18:23

      Was the public holiday buffet any different to the regular buffet?

      • mini2 on 03/10/2022 - 18:29

        No idea, never been there before.

        • kolorijo on 05/10/2022 - 08:04

          And won't be coming back by the sounds of it :)

    • SnoozeAndLose on 03/10/2022 - 21:09

      Have you finished the call?I think they will said it is a system error and it is a double charging

      • mini2 on 03/10/2022 - 21:54
        +1

        The verdict's in, I'm wrong. Looks like I've been overthinking about the $135 plus 15% so that's where the confusion comes in.

        The 15% gets applied on a public holiday on top of their public holiday pricing ($155). Last night wasn't a public holiday but a Sunday, so it's just 10% on top of their public holiday pricing. If the public holiday falls on a Sunday then only 15% applies. If it's a regular Sunday then it's $135 plus 10%.

        • SnoozeAndLose on 04/10/2022 - 07:11
          +12

          So they can charge more money on the Sunday before PH,even more then on the actual public holiday.

          You just picked the most expensive day of the year to dine in the already expensive place.

          Their pricing is clearly cause confusion.

          Were they busy?

        • bobbified on 04/10/2022 - 08:07
          +9

          Thanks for coming back to us with an update, but their explanation is seriously the biggest load of crap. lol

          I wonder if they'd be okay with people posting a (factual) review with their shitty surcharge logic that shows the actual prices they charge on certain days rather than in confusing fineprint.

        • kiitos on 04/10/2022 - 09:01
          +17

          As has been said by others, a public holiday surcharge on top of special public holiday pricing seems very wrong.

        • morse on 05/10/2022 - 08:00
          +7

          You’re not wrong. They are wrong for having a ridiculously confusing menu. Flick a copy of the menu/pricing to Fair Trading along with your bill.

          Fair Trading say pricing has to be prominent and transparent. The price list shows a price for Sunday and a price for public holidays but only has in small print that the public holiday pricing also applies the night before a public holiday, so it’s really unclear if it’s a Sunday before a public holiday which price applies. The having a surcharge for a public holiday/Sunday on an already increased price for a public holiday/Sunday is ridiculous.
          Price list here https://www.crownsydney.com.au/getmedia/67de02ae-449c-4aed-8…

          ACCC rules here
          https://www.accc.gov.au/system/files/Advertising%20and%20sel…

          Fair Trading
          https://www.fairtrading.nsw.gov.au/help-centre/online-tools/…

          I know it’s a PITA to make a complaint but do it for everyone. I’m sick of business with stupid not transparent pricing rules.

        • squaredonut on 06/10/2022 - 16:11
          +1

          That is insanely confusing, it's as confusing as bloody Sydney parking meter signs.

          I agree that you should send this to fair trading.

          Considering they have fixed pricing on specific days, there's no reason why they couldn't just put the calculated prices in place so it's clearer.

    • parsimonious one on 03/10/2022 - 20:00
      +2

      To be fair to OP, it sounds like they tried to address the issue at the time.

      Isn’t there some onus on the cashier to escalate to their manager to clarify the policy, given the customer (OP) is disputing the charge?

      • bargaino on 03/10/2022 - 20:02

        I'm not blaming the OP at all. Nobody wants to be doing dispute resolution after a night out.
        I'm just saying don't blame the management until they have had a chance to correct the error.

        • mini2 on 03/10/2022 - 20:32
          +2

          Nah, I’m not blaming anyone, especially the cashier who processed the charge. I think they’re proactive already, giving me a call after reading the feedback I’ve submitted.

          • trex on 03/10/2022 - 23:21

            @mini2: It's probably a POS system thing. The cashier who processed the charge probably won't be able to choose how much or what surcharge to apply. Just input number of adults and children.

            • mini2 on 04/10/2022 - 09:14
              +1

              @trex: It certain is, which is why I've only asked them about is the bill correct, paid for it then follow it up separately.

  • lainey13 on 03/10/2022 - 22:05
    +29

    This whole percentage surcharge business is why I don't bother eating out any more. It's going the way of the US, where the sticker price is NOT the price you wind up paying and it annoys the crap out of me. No wonder why the Vic government did another round of dining rebates - restaurants are crying out for lack of business yet stick multiple lines of extra charges on the menu in small print.
    (rant over)

    • gromit on 04/10/2022 - 10:28

      look at it from their perspective, they are forced to pay double of more for public holiday wages. For a lot of them it is either charge extra on those days or don't open. I think perhaps they should actually have separate menus with the increased prices for those days, would be far more transparent.

      • DingoBlue on 04/10/2022 - 11:46
        +2

        This is interesting because there was a period when % surcharges were cracked down on and restaurants did have to have separate menus. The price you see is the price you pay. That seems to be a distant memory now.

        In fact turns out OP seems to be double stung by a "Sunday menu" AND a public holiday surcharge %.

        • mini2 on 04/10/2022 - 11:51
          +1

          When it's not a public holiday to begin with.

          I'm starting to think what's the legality of this…

          • Trance N Dance on 04/10/2022 - 17:07
            +1

            @mini2: Perfectly legal, a business can set any price they want. Whether patrons are willing to pay that price and give the business custom is another question. When you overprice yourself or do dodgy pricing antics like this, you can quickly see a drop in patronage and go out of business. Essentially capitalism at it's finest.

      • trapper on 04/10/2022 - 16:29
        +3

        Yeah, so if they want different prices then print another menu.

        Why should the customer be forced to do a bunch of calculations to figure out what something is actually going to cost.

      • morse on 05/10/2022 - 08:05
        +1

        Sure charge more, just make it clear what the charges are upfront. Their price list is ridiculously confusing. Most states have a rule that states surcharges need to be displayed as prominently as menu prices, basically no where does this. Also The Bavarian recently got called out for charging a surcharge any day of the week, so definitely going the way of the US. The restaurants should just charge what they need to, to be profitable and make this pricing clear.

        • mini2 on 05/10/2022 - 10:54
          +1

          Funny you've mentioned The Bavarian, I also had issues with them a few months ago.

          It must be pretty dire to hire half-decent chefs; the food was bloody atrocious for what they're charging. They're the ones who charged a service fee to use their QR code food ordering thing, and the manager there justified it by it's making things more efficient. More efficient for you or me? If it's for you, you should absorb the cost, not me.

          Granted, their service recovery was giving a $100 credit for my next visit but that's barely half of what I've spent.

  • LoserScott on 04/10/2022 - 07:41

    Should have taken a photo of the group, followed by receipt then taken it to fair trading.

    Best to search for coupon restaurants or places, but you know better.

  • RedFromBlue on 04/10/2022 - 08:05

    Wait $170 per person for 1 meal? Ripped. Reading your posts, you entered this venue knowing it was about that price PER PERSON. What are you doing on Ozbargain? I hope you invested in some gold plated tp for the following morning.

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