WHY? A customer is ordering from a “CATEGORY” of “FREE REFILLABLE DRINKS”, so they can choose ANY of those from the list and get their glass filled again with a different one. I have switched 3 times before in one sitting, which no extra charges were on our bill.
People have rights to order as they please. If they want coke, then sprite, then dr. pepper, then tea, YES, they have ALL the rights to only be charged for COKE on their bill as long as the restaurant doesn’t charge for refills. The MENU STATES IT!
NO, they cannot. The menu is the GOD OF ORDERING! If the menu states something, there’s WRITTEN LEGAL PROOF THEY CAN’T, unless the restaurant charges for refills or you get a drink that is not within that category.
An example with a coupon issue I fought and WON!
I had a coupon in 2005 at Lonestar for a free appetizer after 4p.m., which we went at around 8p.m. Also, the coupon stated as long as you purchase an entree. The coupon also stated “YOU CHOOSE” in bold letters and listed ALL the appetizers the Lonestar offered as options. The coupon didn’t have like some coupons do such as BENNIGAN’S that state “Of equal or less value” if more than one is ordered. I had ordered a half-rack of ribs which on of the appetizers on the list which was $9.99 and amarillo cheese fries which was $6.99, to make it my meal. I know how to get a bargin. I really wanted the cheese fries and didn’t want the beans in the regular meal anyways, so that’s why I ordered 2 appetizers as my meal. My husband even ordered an expensive entree, a whole rack of ribs instead of something cheap like a burger.
I gave the coupon to the waiter and told him that I wanted the cheese fries as the free appetizer and he said that the manager probably wouldn’t let, so I was like can I see the manager then. The manager was mean. She came to my table already being rude saying “You didn’t want sides or something?” I was like, I ordered 2 appetizers as my meal. She kept saying “It’s Lonestar’s policy to take the lesser one.” I told her NO, I am right and you are wrong. I also told her where on the coupon does it state that. She had only words to go by. Anyway, the general manager ended up comping both through all of that hassle. I reported this to corporate on their website with a letter, because legally, there was NO “EQUAL OR LESS VALUE” on the coupon or anything to state I had to take the lesser one if I ordered more than one and with the coupon having “YOU CHOOSE” in bold letters with the half rack ribs listed on the coupon, well the coupon stated I could have chosen ANY of those.
Turns out, a main corporate guy called me and told me I was exactly right. I knew I was. I did everything the coupon said I had to do. Anyway, the VICE PRESIDENT sent me a letter PROFUSELY APOLOGIZING and was EXTREMELY EMBARRASSED over the incident. They sent a 50 dollar free dinner as well over the mean lady manager wanting to save a few bucks by wanting me to take the lesser one when she had no LEGAL WRITTEN PROOF TO STAND on.
My point is, when it’s WRITTEN ON THE MENU or a COUPON, that has EVERYTHING to do with what they can do legally.
Now they could have refused to take the coupon legally, but she was willing to take it, just for the cheese fries that were cheaper. That’s wrong. I didn’t have to take the cheaper one. It said “YOU CHOOSE” and no “equal or lesser value” like Bennigan’s does, so I could have chosen any of those on the coupon regardless if I had ordered 5 appetizers.
The fact that they were willing to take the coupon, brings in “FALSE ADVERTISING” involved, because that coupon stated I could choose whichever one I wanted to and didn’t state it had to be of equal or lesser value or the cheaper one.
My main point is, what’s on the menu has EVERYTHING to do with what they can LEGALLY charge you or not.
If the price on the menu is under what they charge you on your bill, you have a right to legally contest it and get it fixed. Once at Outback, I ordered baby baby ribs that were $16.99, so when we got the bill, it was $17.29 before any taxes of course. Legally, they had to fix it. They couldn’t have legally argued with me.
Menus and coupons have written proof of what you can or cannot do.