Cover charge, tip, table fee... Which is legal and which is not? Here is the hidden fee game of restaurants
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Recently, many restaurants and cafes have started to reflect additional fees on bills without being noticed. These extra fees, which are taken under the name of cover charge, mandatory tip and table fee, are coming out of consumers' pockets without them knowing. However, experts point out that these practices are not legal and that consumers should seek their rights. So, are these fees legal? Can they be taken back? Here's what you need to know...
IS MANDATORY TIPPING LEGAL?Tipping is normally a customer-preferred payment method, but some restaurants are now automatically adding a 10% to 20% tip to bills. This amounts to an extra charge without the customer’s consent and violates consumer rights.
Lawyer İbrahim Güllü, Deputy Chairman of the Consumer Confederation (TÜKONFED), said, "Customers do not have to pay an additional fee other than the product they order. Even if it is written on the menu or at the entrance, this fee is not legally valid. Payment cannot be requested for anything brought without being ordered."
CAN A COVER FEE BE CHARGED?According to Articles 6 and 7 of the Consumer Law No. 6502, businesses cannot require another service when a product or service is purchased. In other words, a fee cannot be charged for services that were not ordered. In addition, according to the Tax Procedure Law, all prices must be determined on a single amount, including VAT. It is against the law for businesses to arbitrarily request additional fees.
CAN THE FORCED FEE BE RETURNED?If a mandatory tip or cover charge has been taken from the consumer without their knowledge, a refund of this fee may be requested. Consumers may apply to the Consumer Arbitration Committee with their receipts or invoices to get back the fee they paid. The arbitration committee may evaluate the application and decide to refund the fee with commercial interest.
WHERE SHOULD A COMPLAINT BE FILED?Consumers who encounter unfair additional fee deductions can file a complaint via the Alo 175 Consumer Counseling Line, the Ministry of Commerce and CİMER. Additionally, individuals who have unauthorized additional fees reflected on their bills can seek their rights by applying to the Consumer Arbitration Committee.
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