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Subject:  Re: Fraud? Date:  11/17/1999  6:57 PM
Author:  JAFO31 Number:  20051 of 312189

llambe: <<<You may (NOTE - may, I really do not know definitively) have foregone that right when the gratuity policy is disclosed. Consider someone who odered an expensive entree (price fully disclosed on the menu) and when the credit card slip came, reduced the total to lower the price of the entree. How is that different from someone who deletes the gratuity?>>>

"I don't think this example at all applies."

You are quoting me out of context. The statement you quoted above followed a statement about the ability to not leave any tip at all.

"Even if I agree to a mandatory gratuity, there is nothing that states how I must pay it."

I agree.

"Certainly I've paid part of a restaurant bill in cash and part on a credit card before (and not just the tip portion)."

So have I.

"I think the mistake made was in not specifying to the waiter that he wanted only part of the bill placed on the credit card. Obviously he realizes that now :)"

I agree on both counts.

"Since he did pay the rest of the bill in cash he is entitled to a refund from the restaurant."

I agree (assuming the accuracy of the balance of the post, which I do believe; no offense intended to the original poster, but we have heard only one side of the description of events), and I have suggested as much.

Regards, JAFO

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