When ignorance of the law isn't even an excuse

UrbanAdventure.org said :

Okay, here’s a scenario. I go into said restraunt, look at the menu, order something, eat, pay the bill, wander off and then realise there’s a 10% surcharge added. Can I go back and demand a refund of the 10%? Or having eaten at said restraunt several times on week ends, but not having retains recipts, how can I reciver my costs? For that matter, how can the community at large reciver those costs? Not that it is a big amount, but surely it would add up to a huge cost over time to all people who have eaten there. I mean if the business is knowngly acting illegaly, isn’t that fraud?
At the least they should be made to donate an averaged income from those illegal surcharges to a charity, such as the Vinnies winter appeal or similar. This is of course assuming that they did not have their week end menu.

The point is you haven’t actually paid any more, you’ve just not been given the correct menu with the surcharge in the prices rather than at the bottom in little writing. So your post is wavering dangerously close to manufacturing a mountain out of the proverbial molehill.

There was a time several years ago when it was pretty well expected to cop a surcharge on weekends etc. Then some businesses decided it was easier not to have the aggro and stopped the practice. Especially those that had negotiated a workplace agreement that averaged out wages over the week.

I don’t mind paying a surcharge when I know the establishment is forking out 25-100% extra in wages on weekends, however I do agree the menus should be upfront about it, ie a separate menu for surcharged food and drink.

The bakery at Goulburn had a sign on the door today: ‘10% public holiday surcharge on all items. We pay our staff public holiday rates.’

So I order.

‘That’s $17.65 thanks.’
‘You mean $16.05.’
‘No, there’s a 10% holiday surcharge.’
‘Can I have a tax invoice showing the surcharge?’
‘Erm…wait a minute.’
*pssstt pspstspspst*
‘I’ll just run your EFT through now…and here’s your invoice.’

Wonder of wonders. $16.05, no surcharge.

Pizza shops have a 10% surcharge for public holidays..

I wonder if this also applies to corkage and cakeage ? I dont mind paying a few dollars for a bottle of wine, but some places charge per person. I remember getting charged for 6 people to drink 1 bottle of wine, and 3 of them were children, We only had the one glass FOR ME. JOKE

UrbanAdventure.org said :

I mean if the business is knowngly acting illegaly, isn’t that fraud?

I’m no lawyer, though you did willingly engage in the transaction thus accepting the contract offered. I doubt you’d have recourse. The problem is misrepresentation of price by false and deceptive advertising, the contract itself probably wouldn’t be illegal.

First establishment I walked into, and surely enough I paid $4.40 for my $4 coffee. This is the place South Goulburn exit, on the way up to McDonald’s, Caltex across the road.

Trapper’s Bakery of Goulburn: Public Holiday Surchage; 10% on all products; we pay out staff public holiday rates. I took a picture for everyone else’s info.

Okay, here’s a scenario. I go into said restraunt, look at the menu, order something, eat, pay the bill, wander off and then realise there’s a 10% surcharge added. Can I go back and demand a refund of the 10%? Or having eaten at said restraunt several times on week ends, but not having retains recipts, how can I reciver my costs? For that matter, how can the community at large reciver those costs? Not that it is a big amount, but surely it would add up to a huge cost over time to all people who have eaten there. I mean if the business is knowngly acting illegaly, isn’t that fraud?
At the least they should be made to donate an averaged income from those illegal surcharges to a charity, such as the Vinnies winter appeal or similar. This is of course assuming that they did not have their week end menu.

Just got back from Coffee Club, Gungahlin, where I was charged a $2 surcharge on 2 coffees. I told them it was illegal and the 2 16yos behind the counter couldn’t conceive the idea. The comment was ‘we wouldn’t do it if it wasn’t allowed’.

I will be calling the manager tomorrow and asking them why I shouldn’t refer it to the ACCC.

vg said :

Might pop into Tosolinis and drop a grogan on a table……..because no-one told me not to

Don’t forget that extra 20%

So they can just print off a new paper menu for that weekend? sounds fine to me.

Perhaps pubs and bars should be forced to have a proper drinks price list. Thats something i’d like to see the ACCC enforce.

I didn’t know about the surcharge until recently. I can name a dozen restaurants and cafes who change a 10% Sunday and Holiday surcharge so Tosolinis isn’t alone.

vg said :

Might pop into Tosolinis and drop a grogan on a table……..because no-one told me not to

And then complain when you find a hair in it…

The article is almost misleading at the start.

Restaurants are allowed to charge extra, however they must advertise the total price inclusive of tax, tip and surcharge upfront.

About time too, we ain’t America. I like to know what I’m paying without having to get the calculator out for percentages.

As the initiator of this thread last year, Ill be very interested to see what happens on the public holiday. Sadly, Im sure most employees still wont receive their proper entitlements tomorrow, having been employed under contracts and working conditions which dont have penalty rates.

The first paragraph of this article is misleading. Surcharges are not banned under the new laws, however they need to be incorporated into price representations if they are compulsory. The 5th paragraph in the article makes this clear:

“Restaurants and cafes are now required to incorporate such surcharges into their prices, meaning most must supply a separate weekend menu if they wish to recoup additional staffing costs through their clientele.”

Might pop into Tosolinis and drop a grogan on a table……..because no-one told me not to

I had no idea either. The article points out that restaurants etc just have to have a weekend and public holiday menu that includes a surcharge in the price of each item. Sounds easy and reasonable to me? This is of course reliant on owners and staff knowing what day it is and where to find the surcharge menu, that may be a little difficult for some………

Me either, though I guess most of the restaurants are aware. They’re just trying their luck like Tossolini’s & would back down if questioned.
I’m dying to test this out!

Wow, I had no idea this was illegal. Time to name and shame all the restaurants in Canberra that still do this practice. I’m sure I’ve been stung plenty of times by this over the last year.

What happens if you go out to dinner, and refuse to pay the 10% surcharge?