Tipping threads got me thinking - If I order food, but the service is bad

[isasir]

As topic says, assuming I got horrible service and I ordered food that had yet to arrive, can I legally leave (assuming I inform the waiter or management) and not have to pay?

I figure one logic for not being liable is that, if I order something online and it hasn't shipped, I can generally cancel at any time. I can't get charged until a product has actually shipped. I wonder if similar logic can apply here.

Of course, my guess is that I would be obligated to pay, since the chef in all likelihood was in the process of cooking, but either got busy, or a waiter forgot the food, so the argument is that an agreement for services was already taking place.

 

[bleeb]

hmm i'd say you are not liable to pay but don't blame me if they get a bouncer to kick your arse.

 

[mugs]

That's not really a valid comparison, but in that situation I'd probably speak to the manager and unless the restaurant really sucks they'd let you go without paying (or eating). If they say you gotta pay, pay with a CC and dispute.

 

[KarenMarie]

My father is the most impatient person on the planet... he is also a 73yr old italian man, which might explain a lot...

but there has been more than one occasion that he has walked out of a rest. if he is waiting too long, he will drop $2.00 on the table for his beverage and leave.

if it is not what he ordered, and isnt put right... or is otherwise inedible... he will do the same thing.

 

[Eeezee]

Originally posted by: KarenMarie
My father is the most impatient person on the planet... he is also a 73yr old italian man, which might explain a lot...

but there has been more than one occasion that he has walked out of a rest. if he is waiting too long, he will drop $2.00 on the table for his beverage and leave.

if it is not what he ordered, and isnt put right... or is otherwise inedible... he will do the same thing.

I think that's fine, if you want to pay for something edible and they give you something inedible, then why would you pay for it?

 

[MikeyIs4Dcats]

that would likely be theft of services. If they have not begun making our dinner and you inform them and the check, then it would be okay, but most likely by that point it will be in process.

and KarenMarie's dad is breaking the law by walking out after he receives his food, for whatever reason. He should complain to management, and if they comp him, it's fine, but one cannot refuse to pay for food if it's what they ordered because they aren't happy with it.

 

[gopunk]

the general rule would be that you have to pay for whatever they've done already... if they had not even started cooking your food, you wouldn't have to pay much (if at all). and not to get technical, but if it was a really crowded restaurant, you might have to pay damages in lost business to them (since you took up a table that other paying people could have had). this is of course, all technically speaking - in reality, they probably wouldn't take it to court or anything.

 

[George P Burdell]

When in doubt...

 

[isasir]

Originally posted by: gopunk
the general rule would be that you have to pay for whatever they've done already... if they had not even started cooking your food, you wouldn't have to pay much (if at all). and not to get technical, but if it was a really crowded restaurant, you might have to pay damages in lost business to them (since you took up a table that other paying people could have had). this is of course, all technically speaking - in reality, they probably wouldn't take it to court or anything.

Regarding damages in lost business, assuming I ordered and received a Coke, I probably could just pay for that and eliminate the "lost business" argument (unless the menu explicitly sets a minimum order amount)

If they did start cooking the food though and I left before they finished, shouldn't I only be liable for the cost of the food? I mean, it's the chef's skill and the service of getting food that people go to a restaurant for, in which case, neither was received.

 

[KarenMarie]

Originally posted by: MikeyIs4Dcats
that would likely be theft of services. If they have not begun making our dinner and you inform them and the check, then it would be okay, but most likely by that point it will be in process.

and KarenMarie's dad is breaking the law by walking out after he receives his food, for whatever reason. He should complain to management, and if they comp him, it's fine, but one cannot refuse to pay for food if it's what they ordered because they aren't happy with it.

I am not talking about a case where he ordered london broil and after the food hit the table he decided that he would have prefered the turkey. i am talking about ordering med london broil and being served cold shoe leather on a hot plate... he will just pay for his beverage and whatever he had and leave. He feels that he should have never been served that to begin with.

it embarassed me the first time that happened. now i tell the server... as soon as we sit down... that my father's stuff has to be just as he ordered it, or he will get up and leave. hahaha... he is a lunatic.

 

[dxkj]

If it is a decent joint all you will do is talk to a manager, and you will get your meal free or half price. If you insist on leaving, no they will not make you pay.

I was with my boss at a place once, and it was so late that we all finished eating before his food got there and he said to cancel it. Instead they gave it to him anyway to go.

 

[mugs]

Originally posted by: isasir

Regarding damages in lost business, assuming I ordered and received a Coke, I probably could just pay for that and eliminate the "lost business" argument (unless the menu explicitly sets a minimum order amount)

If they did start cooking the food though and I left before they finished, shouldn't I only be liable for the cost of the food? I mean, it's the chef's skill and the service of getting food that people go to a restaurant for, in which case, neither was received.

I don't think that you're entitled to make that decision (what you should be required to pay for after you've ordered the food and they've begun preparing it).

 

[3chordcharlie]

Definitely touchy; the problem is there will be abuses of this sort of 'decision-making'. When you order food, that is a contract between you and the restaurant. They need to bring you the food, and you need to pay for it.

If the food is 'bad' who is to judge? You don't expect a great rib steak for $5 at a shifty restaurant, so if you order one there, what qualifies as 'bad food'?

 

[KarenMarie]

Originally posted by: 3chordcharlie
Definitely touchy; the problem is there will be abuses of this sort of 'decision-making'. When you order food, that is a contract between you and the restaurant. They need to bring you the food, and you need to pay for it.

If the food is 'bad' who is to judge? You don't expect a great rib steak for $5 at a shifty restaurant, so if you order one there, what qualifies as 'bad food'?

If someone orders windows from home depot, or books from barnes & nobles and either leaves the store or never shows up to pick them up... is it the same thing? if not, why?

 

[miri]

Originally posted by: isasir
As topic says, assuming I got horrible service and I ordered food that had yet to arrive, can I legally leave (assuming I inform the waiter or management) and not have to pay?

I figure one logic for not being liable is that, if I order something online and it hasn't shipped, I can generally cancel at any time. I can't get charged until a product has actually shipped. I wonder if similar logic can apply here.

Of course, my guess is that I would be obligated to pay, since the chef in all likelihood was in the process of cooking, but either got busy, or a waiter forgot the food, so the argument is that an agreement for services was already taking place.

In my observations as a waiter for years, if the service was that bad that you left before the food got there, management should comp the check and you should not have to pay anything, unless you drank alcholic beverages.

 

[gopunk]

Originally posted by: isasir

Originally posted by: gopunk
the general rule would be that you have to pay for whatever they've done already... if they had not even started cooking your food, you wouldn't have to pay much (if at all). and not to get technical, but if it was a really crowded restaurant, you might have to pay damages in lost business to them (since you took up a table that other paying people could have had). this is of course, all technically speaking - in reality, they probably wouldn't take it to court or anything.

Regarding damages in lost business, assuming I ordered and received a Coke, I probably could just pay for that and eliminate the "lost business" argument (unless the menu explicitly sets a minimum order amount)

If they did start cooking the food though and I left before they finished, shouldn't I only be liable for the cost of the food? I mean, it's the chef's skill and the service of getting food that people go to a restaurant for, in which case, neither was received.

well you can make it complicated if you want, but in general they would need to get the "benefit" of the bargain, which would be your money. the reason why you would probably only have to pay for the food and lost profits, rather than the whole bill, is because they will be able to serve another customer with the time they saved from not having to serve you.

this is all assuming you're the breaching party... if you can show that they breached the contract by giving bad service, then you wouldn't have to do anything (but it's unlikely you'd get damages).

 

[mugs]

Originally posted by: KarenMarie
If someone orders windows from home depot, or books from barnes & nobles and either leaves the store or never shows up to pick them up... is it the same thing? if not, why?

I think you'd pay for custom-made windows ahead of time, but I don't know. The difference between a book and food is that the book can be resold or sent back to the manufacturer for credit. Food that they've already started preparing can't be resold unless someone orders the same thing while they're preparing it.

Anyway, I stand by my original statement... rather than just walking out without saying something, just speak to the manager. I'd bet 9 times out of 10 they'll let you go with no charge rather than losing a customer.

 

[dxkj]

the actual cost of the food at most places is minimal, its the service, time spent, etc.... if you leave with justified cause, then you would not be forced to make payment.

Otherwise they could sit you there for 4 hours and not feed you because they are busy, and expect to be paid still? It's called being reasonable.

Last time I had to wait 20 mins for a burger at Applebees and we had an appetizer while we waited... I didnt think 20 mins was that long, neither did my wife, but the waitress apologized 3 times, and ended up getting the manager to comp us our appetizer. After that we tipped her the normal 20% and also gave her a tip that included most of the cost of the appetizer, since we did not think we got a bad deal, and we appreciated how aware she was.

 

[AznAnarchy99]

Hmm dont know.. last time my family ate at a restaurant, the service was horrible and the food was nasty but we had ordered something to go earlier. By the time we were done, we asked for the to go and they said they havent made it yet. We usually leave tips but this pissed my uncle off, the took back the tip, and said he wanted a refund for the to go food that he had paid for. They said the chef JUST started making it and it was too late now but he got his money back anyway and we left, but as we are leaving they ACCUSE US for not paying for the drinks. Im like wtf we paid for it and made them check the receipts and it turns out they OVERCHARGE us for drinks and we get our money back for that too.

 

[KarenMarie]

Originally posted by: mugs

Originally posted by: KarenMarie
If someone orders windows from home depot, or books from barnes & nobles and either leaves the store or never shows up to pick them up... is it the same thing? if not, why?

I think you'd pay for custom-made windows ahead of time, but I don't know. The difference between a book and food is that the book can be resold or sent back to the manufacturer for credit. Food that they've already started preparing can't be resold unless someone orders the same thing while they're preparing it.

Anyway, I stand by my original statement... rather than just walking out without saying something, just speak to the manager. I'd bet 9 times out of 10 they'll let you go with no charge rather than losing a customer.

you are correct about the windows/book analogy.

My father... hahaha... as i said before, he is a 73yr old italian guy.

if he has to wait an unfair amount of time, or the food is an embarrassment to serve... he will drop cash for his beverage and walk out.

the other night... we were in the rest of a hotel by my house. they have the best jewish deli on the planet and large teevees so we can watch the game... so we order. i get soup and potato pancakes. he orders a hard salami sandwich. 10 minutes...my soup comes. another 15 minutes...my sandwhich comes (nothing for my father) and the waitress just walks away. my father looks at me and says he is leaving. i tell him to wait. he waits. 5 minutes i finally get the attention of the waitress. ask where his sandwich is... she says it will be up in a minute. 10 minutes goes by... his sandwhich comes, it is soft... not hard... salami. he says he is leaving. i tell him to wait.. after another few minutes, i get the waitress... she says she will fix it. take the old away, and after another 5 minutes or so, brings him a hard salami sandwich. stale, dry rye bread. he gets up and says he is leaving.

i dont blame him. but i had my food. i ate the soup and 1/2 my entree and tell him that is not right to just leave. so, we flag down the waitress and i tell her that she has a choice... bring him the correct sandwich on fresh bread within 3 minutes, or bring us the check minus his food immediately.

he got his sandwich.

but if i was not there, and half thru with my food...he would have left. I have seen him do it. he has walked out after waiting for over 15-20 minutes for food. he has walked out after getting food that was wrong and was not fixed properly. he just gets up... pays for what he has had and leaves.

he doesnt want to deal with the aggro of talking to a manager or explaining himself. he will just get up and leave.

 

[AznAnarchy99]

Originally posted by: KarenMarie

Originally posted by: mugs

Originally posted by: KarenMarie
If someone orders windows from home depot, or books from barnes & nobles and either leaves the store or never shows up to pick them up... is it the same thing? if not, why?

I think you'd pay for custom-made windows ahead of time, but I don't know. The difference between a book and food is that the book can be resold or sent back to the manufacturer for credit. Food that they've already started preparing can't be resold unless someone orders the same thing while they're preparing it.

Anyway, I stand by my original statement... rather than just walking out without saying something, just speak to the manager. I'd bet 9 times out of 10 they'll let you go with no charge rather than losing a customer.

you are correct about the windows/book analogy.

My father... hahaha... as i said before, he is a 73yr old italian guy.

if he has to wait an unfair amount of time, or the food is an embarrassment to serve... he will drop cash for his beverage and walk out.

the other night... we were in the rest of a hotel by my house. they have the best jewish deli on the planet and large teevees so we can watch the game... so we order. i get soup and potato pancakes. he orders a hard salami sandwich. 10 minutes...my soup comes. another 15 minutes...my sandwhich comes (nothing for my father) and the waitress just walks away. my father looks at me and says he is leaving. i tell him to wait. he waits. 5 minutes i finally get the attention of the waitress. ask where his sandwich is... she says it will be up in a minute. 10 minutes goes by... his sandwhich comes, it is soft... not hard... salami. he says he is leaving. i tell him to wait.. after another few minutes, i get the waitress... she says she will fix it. take the old away, and after another 5 minutes or so, brings him a hard salami sandwich. stale, dry rye bread. he gets up and says he is leaving.

i dont blame him. but i had my food. i ate the soup and 1/2 my entree and tell him that is not right to just leave. so, we flag down the waitress and i tell her that she has a choice... bring him the correct sandwich on fresh bread within 3 minutes, or bring us the check minus his food immediately.

he got his sandwich.

but if i was not there, and half thru with my food...he would have left. I have seen him do it. he has walked out after waiting for over 15-20 minutes for food. he has walked out after getting food that was wrong and was not fixed properly. he just gets up... pays for what he has had and leaves.

he doesnt want to deal with the aggro of talking to a manager or explaining himself. he will just get up and leave.

i like your dad =P