Clipping of news on Brazilian Culture, Law and Citizenship
09/21/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Check out 10 situations where the consumer is entitled in bars and restaurants
Art: Aline Pasquali | Complain here
A case this week caught the attention of the report Complain HERE News. A consumer of Rio de Janeiro asked to use an electrical outlet to charge your cell phone in a restaurant. So she had two surprises, good and bad about. The good was that instead of a wall outlet, the employee loaned a portable charger. "I thought the idea of having a nice charger, because most places do not have," he said the client, told the G1 website. However, to get the bill, it was charged the amount of R$ 200 by using the charger. "They are not selling the product, is borrowed should not appear in the 'mobile charger' account," she reported.
The restaurant, however, claimed that the value would be security, but by a "careless waiter" was not deducted from commands. End of story: the consumer need not, of course, pay R$ 200 for the portable charger loan. But what if she had not noticed for some reason? For example, if some happy hour and value go unnoticed? The law does not say anything specifically about it, but in this case may set an abusive value.
The Claim HERE separated 10 other situations where the consumer spends time deciding to eat away from home. Will I have to pay something more to divide my plate with someone? What should I do if my order take much longer than expected? Pizza two flavors, what price should I consider?
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Better understand each case!
1. Divide the plate
If two customers want to buy only one dish or a sandwich and sharing, has no problems. The restaurant should not charge more for it, nor prevent them from using another dish to put the food. Offer plates and cutlery is an obligation inherent in its service delivery.
If prohibits the establishment is committing an abuse under Article 39, sections II and IX of the CDC (Consumer Protection Code). Oh, nor fee should be charged, since the amount of feed is the same.
2. Request lengthy
If you ask your snack, it's likely that the drink comes well before. Now, if you take too much, you can just get up and leave. If you have consumed the drink, you will pay only for her. Of course, if the employee notify any abnormality and justify the delay, it is up to the consumer to decide.
The time should be reasonable as well as the understanding of the consumer.
3. Fly in the ointment
If you find any "foreign body" in your dish or food is flavored and strange smells the law is on your side. The consumer may require a new dish or refuse to make payment, even if you have consumed something.
Of course, formalize a complaint in the sanitary surveillance body of the municipality by the lack of hygiene of the plant and help other guests.
4.Pizza half and half
I want a pizza half mozzarella half chicken with cream cheese. The mozzarella costs X and catupiry XX. What price worth in the middle option in the middle? Usually it is costing more expensive. Alternatively, the consumer can ask for another taste. However, the way of charging should be informed clearly that the consumer has full understanding before making the request, as provided for in Articles 6 and 31 of the CDC III.
5. waste fee
You know that generous pratão? Think twice before asking if his hunger is not so great. Wasting food is not legal. Still, you can not be charged if you leave any food left on the plate. Fine so it is regarded as manifestly excessive advantage for the restaurant (Article 39, V CDC).
One tip is to always ask the waiter if that feijoada for two or four people, even to give two or four people. Understood?
6. payment medium
Bars or restaurants are not required to accept debit and credit cards or check. But they must accept what they promise. That is, if you stickers cards flags or benefits is because they must accept. If the restaurant is "no system" must communicate before consumers to make the request to avoid embarrassment in time to pay the bill.
Another common practice is illegal and charge for a minimum payment on the card. If consumers need to buy a product that costs pennies, has only card and the establishment accepts the payment, you can buy without problems.
7. Minimum Consummation
You know the amount charged as an "entrance" to bars and clubs? The call minimal consumption is considered illegal and, more than that, tying, because the property can not condition the provision of services to the consumer any other products (beverage, food, etc.).
The tying is defined by Article 39, section I of the CDC.
8. 10% service
In Brazil, it is common to be charged 10% of service, which would be used to waiters. This is nothing more than a tip, however, the value is totally optional.
The customer can decide whether to pay or not. And even if it is not reported on the collection, it can and should question whether the value is in the account. In this sense the art. 5, II of the Federal Constitution [1] provides that no person shall be obliged to do or refrain from doing something except by virtue of law. It is up to him to pay or not. Just as nothing prevents the client does not pay the 10%, nothing prevents them from also, if it prefers, to tip the party to whom answered, if you want.
9. Loss of commands
When a customer arrives at a restaurant or bar, it is very common to receive a sheet, the call commands. In it, the waiter will mark all consumer requests that, in turn, is desperate not to lose that role. Worse than that is the establishment determining a fine in the event of loss of command. But this practice is as common as illegal.
Responsibility for control of customer consumption is the establishment, but if it does not have this control should be charged to the client state.
10. Couvert (input) and cover charge
Let's do it by steps. When the restaurant offers entrance, snacks or even salad before the main course, it is usually called a cover charge. The customer will only pay if you consume and science collection. Consuming without being advised of the charge, do not pay. If you prefer not to consume, there are also no problems.
The cover charge is almost the same rule. It happens when there is some artistic presentation in the establishment. In these cases, charges by the presentation, usually musical, some artist as consumers make the meal. The collection is legal provided it is previously communicated to the consumer. Once aware, the customer is required to pay.
It is important to note that the cover charge can only be charged in case of live performances. Show displayed on big screens and the like are not considered presentations that allow the collection of cover charge.
- See more at: http://noticias.reclameaqui.com.br/noticias/restaurante-pode-cobrar-por-emprestimo-de-carregador-de-celu_2454/#sthash.9ORoCXnG.dpuf
Source: Complain Here
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This article was translated by an automatic translation system, and was therefore not reviewed by people.