Clipping of news on Brazilian Culture, Law and Citizenship
07/13/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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For the meal not be indigestible time to pay the bill, Idec explains what the restaurant can not charge or consumers
Whether or not in times of crisis, a service that never loses customers are restaurants, whether for a business lunch, a snack between one activity and another, or a dinner with friends. But is that all restaurants set as a rule is legal?
Can I split the dish?
The restaurant can not deny the customer's request to split the plate with his companion because the dishes available is an obligation inherent in its service delivery. Prohibiting the division the restaurant refuses to provide a service for which the client is proposing to pay, which is an abuse under Article 39, sections II and IX of the CDC (Consumer Protection Code). It is common to charge a fee for the division, which is also unfair because the amount of food being served is the same. The client chose to split the meal and must pay the price for the chosen course, if the supplier receives more so characterized as manifestly excessive advantage (Article 39, section V of the CDC).
Request took too long ...
The consumer has every right to go if your application takes too much to get, you do not need to pay for the request that came not only be responsible for paying than consumed.
It has a fly on my plate!
If the consumer finds any "foreign body" in your dish or food is flavored and odors can require a new dish or refuse to make the payment, regardless of the amount consumed. It is important to formalize a complaint in the sanitary surveillance body of the municipality by the lack of hygiene of the establishment.
Pizzas half and half
It is common knowledge that the pizzerias charge the highest value when a consumer orders a pizza with two flavors. Price is liberality provider, so it is allowed that price differentiation. If consumers find the high price nothing prevents you from honoring another pizzeria. The way of charging should be informed clearly and conspicuously so that the consumer has full understanding before making the request, as provided in Articles 6 and 31 of the CDC III.
Rate waste? No!
For Idec, charge any value who does not eat everything you put on the plate is abusive, setting manifestly excessive advantage for the restaurant (Article 39, V CDC). However, a conscious consumer is indispensable to avoid wasting food. Common sense should prevail, always!
Payment options
Commercial establishments are not obliged to accept debit and credit cards, but if you accept not impose a minimum amount for payment. If the restaurant is "no system" must first warn consumers before they make the request to avoid embarrassment in time to pay the bill.
Other common charges
The minimum consummation is an amount established by the owner who acts as an "entry" to bars and nightclubs. For Idec this charge is illegal in any establishment, because condition the provision of services to the consumer any other products (beverage, food, etc.) sets tying (art.39, item I of the CDC).
The service fee is nothing more than a tip that, by its very nature, is optional. The houses that charge a service fee should inform the consumer on the menu or on their own, on the facultatividade payment, plus the percentage and amount charged. This is optional payment by the consumer in order that the remuneration of employees is exclusively of the shop owner's responsibility.
Loss of the Comanda: responsibility for the control of customer consumption is the supplier, but if it does not have this control should charge the amount declared by the consumer as consumed. Already in establishments that make control of spending, the amount to be paid shall be determined by him. In places that use commanding system and that it is satisfied that the loss occurred by user carelessness, it will be allowed to fine collection by the customer's lack of zeal, if previously informed and does not exceed 10% of the account value.
Couvert. It is also important to know that the consumer is not required to consume the "couvert" (appetizers served before the main course). Serve it without the consumer is consulted prior abuse is prohibited by CDC. Moreover, because it is a product delivered without the consumer's request, are equivalent to the free sample, with no obligation to pay. If not even a courtesy, the restaurant should ask consumers if they accept the cover charge or not.
Many restaurants, bars and nightclubs also offer the 'cover charge', or charge for the presentation, usually musical, some artist as consumers make the meal. Idec believes that the collection of 'cover charge' is legal, provided that artistic live performance (not on big screens, for example). Moreover, in respect of the basic right to information, day and artistic performances schedules and the amount charged by the 'cover charge', they should be posted in a visible location, right at the establishment's entrance, so that the consumer may be previously informed.
Any improper fee is included in the bill, the consumer should talk to the restaurant manager and explain that there is no legal authorization for that collection. If the friendly conversation does not work and is obliged to pay the fee, it is recommended that it requires itemized invoice for further complaint with the Procon of his city.
Source: Idec
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This article was translated by an automatic translation system, and was therefore not reviewed by people.