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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. Even if I agree to a mandatory gratuity, there is nothing that states how I must pay it. Certainly I've paid part of a restaurant bill in cash and part on a credit card before (and not just the tip portion). I think the mistake AntiTrader 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 :) Since he did pay the rest of the bill in cash he is entitled to a refund from the restaurant.

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