New application in restaurants has caused controversy! Customers have to pay whether they want it or not

Milliyet.com.tr/ÖZEL In restaurants where food and beverages are served, tipping is an additional money given if a service is satisfied. If the customer wants, they pay, if they don't, they don't. However, this situation has changed in some restaurants. Restaurants that have added a tip item to the bill have started to charge 20 percent of the bill as a tip. The practice has become a subject of debate.

Most people now pay with a credit card after eating . So is it legal for restaurants to impose mandatory tipping on their customers? If businesses are going to implement such a practice, should they inform the customer in advance? Does the customer have to pay for the service? Where can citizens complain?

'THIS IS NOT A TIP, IT IS EXCUSE'

Evaluating all the curiosities about the subject to milliyet.com.tr , Consumer Confederation (TÜKONFED) Deputy Chairman Lawyer İbraim Güllü made the following statements: “Although it is said that this cost reflected to the customer under the name of service charge is taken as a waiter tip, in order for it to be considered a tip, it must be given voluntarily, with consent. However, since these are added together with the bill, this is not a tip but a forced taking.

DO CONSUMERS HAVE TO PAY?

The consumer is not obliged to pay the fees charged under the name of cover charge or service charge. If an extra fee is charged for products such as 'water, tea, lavash, bread, spicy paste' that are brought to the table other than the products ordered by the consumer, this must be stated to the customer. Otherwise, the customer is not obliged to pay for products that are brought to the table even though they are not wanted. In other words, a fee cannot be charged for goods and services that were not ordered.

DOES THE CUSTOMER HAVE TO PAY EVEN IF INFORMED IN ADVANCE?

Even if there is a 'service fee' note at the bottom of the menu or a notice stating that it will be charged at the entrance, this is not valid within the scope of consumer law, even if this is written in accordance with the price tag regulation.

IS COVER FEE LEGAL?

According to Articles 6502/6 and 7, a condition cannot be imposed on the purchase of another product or service when purchasing a product or service. In addition, a fee cannot be requested for a product or service that was not ordered.

ARTICLE 7 – (1) In the event that goods not ordered are sent or services are provided, no rights can be claimed against the consumer. In such cases, the consumer’s silence or use of the goods or services cannot be interpreted as an acceptance of the establishment of the contract. The consumer has no obligation to return or keep the goods.

(2) The person who claims that a good or service has been ordered has the burden of proving this claim.

Again, in our legislation and in Article 57 of the Tax Procedure Law; The prices on the labels and lists of the sales of goods and services of those who sell retail goods and provide services among the VAT taxpayers who are taxed in the real method are expressed as a single amount including VAT. Here, 10% or 20% is added to the incoming fee, according to the business's discretion. Who determines this rate? The business. According to what does it determine? According to its own mind. These are illegal practices.

CAN THE CUSTOMER GET A REFUND IF HE PAID THE FEE?

When the consumer encounters such a situation, even if he/she pays the fee, he/she can apply to the Consumer Arbitration Committee and request the refund of the fee with commercial interest.

WHERE CAN CUSTOMER APPLY?

If the consumer who is faced with a cover charge did not order it, they should submit their objection. If they wish, they can easily apply to the consumer arbitration board over the internet with the invoice and receipt in hand and request a decision to refund the cover charge they paid with commercial interest. The decisions of the consumer arbitration boards are considered as court decisions. There is no need for consumers to be liable for any expenses because it is free of charge.

'THEY ARE BEHAVIORS CONTRARY TO ETHICAL RULES'

These practices are disrespectful to consumers and are against commercial ethics and morality. Even if the companies that implement this think they are making a profit in the short term, they will suffer in the long term and the businesses themselves will suffer the damage of their practices. We consider these businesses as disrespectful to consumers and opportunistic businesses. If a list is made one day for businesses that are disrespectful to consumers, the businesses that implement this practice should be listed first.”