Customer Service

Consumer Rights at Bars and Restaurants

2 de December de 2016 por Daniel Silva

These days, with enforcement tightening up – whether because of a lack of state funding and, therefore, the need to generate higher profits, or because of a call of conscience -, there is a clear need to address consumer rights in our beloved entertainment hangouts.

That said, since there are already so many articles on the subject written from the consumer's point of view, we decided to talk about the other side of the coin: the bar manager, that good friend who hears every kind of complaint, criticism and swear word, and almost never a compliment or a kind word. Yes, this time we will focus on the other side of the coin! As incredible as it may seem, the customer is not always right.

First, let's talk about this profession that many know but few actually understand. The manager oversees every area involved in the venue's day-to-day operation.

Let me explain: he is the general in this battle waged every day to give customers the best possible service, quickly and effectively. he keeps an eye on the customers' tables and pulls the ear of any waiter who is not serving you properly; he looks after the cashiers and makes sure the amounts and payment methods are correct; when there is a problem with the bill, he is the one who makes sure it gets removed! In other words, when it comes to consumer rights, the person steering that conversation is none other than the manager himself.

Now that we know the person who both helps and enables everyone else's fun, let's talk about the legal issues surrounding the setbacks he is in charge of solving. The most common and most frequently filed complaints (both in public and at PROCON) range from stolen items to fees and fines charged in questionable ways, and can be summed up as: SERVICE, safety e CHARGES. Preparem suas apostilas, a seguir discorreremos sobre a legalidade das reclamações que os gerentes precisam ouvir.

SERVICE

payment methods

The payment methods accepted by the venue must be displayed at the entrance, clearly and in an easily identifiable way, so as to avoid awkward situations.

The venue is not required to accept credit cards or checks, but the customer must be aware of that before walking in. According to the news portal of PROCON, “suppliers (restaurants, bars, nightclubs and similar venues) are required to post the menu with prices, in local currency, right at the entrance of the establishment […] as well as to state the accepted payment methods at the entrance” — a rule in force since September 20, 2006, as set out in Federal Decree 5.903. It is an annoying situation, both for the customer who plays dumb and for the manager who has to sit through the flimsy excuses.

Try to reach an agreement peacefully, ask him to leave some form of official ID (either an identity card or a driver's license) as a promise of payment that the customer can pick up after settling the outstanding bill.

Substitution of ingredients and sides

At restaurants and venues that work with food options, customers often ask to swap sides or to remove and add ingredients.

In this case, the extra amount charged depends entirely on the policy of the business in question — in other words, the restaurant can charge whatever it wants, as long as the customer is aware of the charge and agrees to it beforehand. Listing the price for the changes on the menu, as well as training the service staff so they know how to inform customers when this is requested, is the most practical and easiest way to avoid confusion.

Slow Order Delivery

According to article 6o, item III, of the Consumer Protection Code, customers must be “duly informed about products and services […] so that they can exercise their right of free choice over what they contract or purchase”. The law applies not only to prices and extra fees charged for changes, but also to the waiting time for the product chosen.

“If there is a real delay in delivering the dish ordered, to the point of making the consumer give up on the order, they need only cancel that order, and must pay solely for what they actually consumed.” No matter who is right in that situation, offering the customer a little treat when the food takes too long will leave a good impression, both of the team and of the venue. From drinks to appetizers — depending on the situation, even a bowl of peanuts is enough to calm things down!

Kitchen Conditions

Depending on the municipality where the venue operates, its customers have the right to visit and assess the condition of the establishment's kitchen.

O Bill 5938/13, sponsored by Major Fábio (DEM-PB), not only allows customers to visit the kitchen during business hours but also protects venues from abuse, letting them restrict access during the busiest times, set a maximum number of simultaneous visits and require customers to wear the clothing and accessories that are mandatory for kitchen professionals, so as not to compromise hygiene at the site.

Instruct your staff to honor that request with a smile, since there is no way to stop customers from entering the kitchen area. Keep latex gloves and hairnets on hand for the more diligent (read: insistent) customers, so you don't have to worry about stray strands of hair.

Damage to Vehicles

“Anyone who sets out to carry on an activity in the field of supplying goods and services has a duty to be liable, regardless of fault, for any flaws, defects or risks arising from them.” Restaurants and nightclubs that offer parking services for their customers have a duty to safeguard the security of their property (cars) and the physical safety of their customers. This also applies to items left inside the car, since the protection given to the vehicle also covers the objects inside it.

That said, the only situation in which the company in question cannot be held liable is in cases of unforeseeable events and force majeure. In other words, unless there was an armed robbery or a catastrophe such as a storm or a hurricane, among others, the company is responsible for the physical integrity of both the vehicle and the objects left inside it.

To avoid headaches, outsource this service. And to stay out of trouble even after outsourcing it, have the parking attendants write down every object left inside the car in front of the customer, so there are no disagreements later!

Denied Entry

When it comes to denying entry, there are situations in which the venue is within its rights. When the nightclub or the party sets a dress code, it can deny entry to anyone who does not meet the specifications defined in advance. However, the dress code information must be highlighted on the flyer, on the invitation, on the website and even at the venue's entrance to avoid confusion.

In other words, on every channel and communication medium where the party is promoted. On the other hand, it is considered illegal when the venue keeps someone outside the door to decide, at their own discretion, who can and cannot come in. In the event of overcrowding or the cancellation of the event in question, if the customer has the ticket in hand, they can request a full refund at the venue's cashier.

Drinking Water

In the state of São Paulo, nightclubs are required to provide drinking fountains free of charge for their customers. According to State Law 12.637/07, if there is no drinking fountain, the customer can not only report the venue (which then faces fines and fees from the regulators) but can also demand a glass of drinking water at the bar. Make it explicit that drinking water is free and available at your venue! Worse than being thirsty is when some “over-hydrated” customer starts losing their balance and bumping into waiters and other customers.

safety

Theft inside the venue

With each passing day, the number of wallets, purses and cell phones stolen inside nightclubs becomes more frequent. According to Dr. Ivete Maria Ribeiro, a director at Procon, “the venue needs to have mechanisms in place to prevent this kind of thing.

Whether through cameras, the number of security staff or even plainclothes guards.” That said, however much it is the venue's responsibility to look after the safety of everyone there, the task often becomes impossible given the size of the establishment and the number of customers inside it (not to mention the state most of them are in!). I

f a customer comes to complain or lets you know that something was stolen, keep calm and try to be helpful, because that person, besides going through an unpleasant situation, has probably had enough to drink to lose their temper easily. Explain that the options available for resolving the situation usually boil down to: (1) closing the venue, calling the police and searching the customers or (2) compensating the consumer.

The problem is rarely solved that way, since the venue can claim the victim in question was careless and dropped their phone or wallet somewhere. Proving that a theft actually happened is a slow, costly and often inconclusive process, so try to settle the matter peacefully and be decisive about the path you choose.

EPOC TIP! Many venues have come up with new ways to avoid these cases, running checks at the exit to confirm that customers are not taking anything that does not belong to them. In these cases, the security staff asks the customer to unlock the phone they are carrying to prove that the device really is theirs. Keep an eye on customers carrying more than 1 phone, wallet or ID in their pocket.

Consumer accidents

Who has never fallen coming down the stairs at a venue or, worse still, hit the floor after tripping? Consumer accidents happen practically every night and, when one of them results in broken glass, it is the venue's duty to cordon off and clean the area so that other customers are not affected.

Not only that, it is the venue's duty to assist customers who get injured, and also to “repair and pay any hospital costs you [the customer] incur because of the accident”. Unfortunately, in this case there is nothing to do but get ready for the drunks tumbling down the stairs. It is an annoying situation, but in the end it will hurt them more than it hurts you, my friend!

CHARGES

entertainment cover charge

– The venue must notify customers that the entertainment cover charge will be applied, before they come in. A condição para que o couvert seja cobrado é que haja alguma manifestação artística ao vivo, contratada pelo estabelecimento, tornando ilícita a cobrança de couvert artístico por música ambiente ou telões de jogos.

Food Cover Charge

Anyone who has been to a steakhouse or a restaurant that serves the famous “little starter” or appetizer knows the classic cover charge paradox. In the not-so-distant past, the little basket of bread with pâtés and snacks was brought to the table with no questions asked, giving the impression that it was part of the service offered by the restaurant.

However, after complaints and penalties, many venues adopted the rule of asking before bringing it, thus complying with current legislation. Under article 39, item III and the sole paragraph of the Consumer Protection Code, “suppliers of products or services are prohibited, among other abusive practices, from sending or delivering any product to the consumer, or supplying any service, without a prior request”.

So, if it is not ordered directly, the snacks brought to the table can be considered free samples. Train your staff to let customers know before bringing anything. This is a small detail that will bring big results. A simple “may I bring the cover charge?” is enough!

Minimum Spend

Now comes the moment of truth; the critical point of something we have all been through; the paradigm everyone has bought into: it is not permitted, under any circumstances, to charge a minimum spend as a condition for entering the venue.

No matter how the minimum spend is charged – read: an entertainment cover charge credited toward consumption; a fixed entry fee credited toward consumption; or any other variation of these – the practice is unlawful, because it amounts to tie-in sales. This is because tie-in sales, in this scenario, “force customers to drink or eat, even if they do not necessarily want to, given that they have already paid for it in advance.”

That's right, on this point there is no confusion or doubt, so if you need to charge something to cover your costs, opt for a cover charge that gives customers no consumption credit, so there are no misunderstandings. That way, they will order whatever they want inside the venue and you will be able to rest in peace (at 6 in the morning, when the party is over).

EPOC TIP! If the customer spends less than the stipulated minimum, they can go to court to have the amount refunded, as set out in Article 42, sole paragraph of the Consumer Protection Code. In that case, the customer in question must ask for the invoice or even the receipt with the amounts itemized, so that they can later go to PROCON or to court to complain, demanding that the venue return double the amount improperly charged. In other words, if a customer asks for the invoice, it means something bad is going to happen in the near future, and you don't need a crystal ball to guess what. By charging a flat entry fee, you avoid that headache, that anxiety, and all the other paranoia that comes with Brazilian social ethics.

Fine for losing the tab

This practice, besides being illegal, is considered abusive because it shifts the venue's responsibility onto the customer. “The responsibility for keeping track of what the consumer buys lies with the venue,” says Adriana Cristina Pereira, director of Special Programs at Procon. That practice, in addition to bringing fines for the venue in question, also gives the establishment a bad name.

Digital tabs, with photo registration or biometrics, help you avoid these headaches. You will know not only whose tab it is, but also whose it is not. If you think the customer found the card on the floor, ask them to say their full name. That way, you can get conclusive confirmation in case of doubt.

10% service charge

Paying the service charge is optional, even though it is customary to do so. However, charging it to customers who have their meal or buy products at the counter is considered improper, since no table service is involved. “It is up to the consumer to pay it or not – not least because customers may often feel they were not served properly.”

Even if the 10% charge is stated on the menu, that information does not oblige consumers to pay it. If the venue insists, as though the charge were mandatory, that constitutes an abusive practice. This is because of the employment relationship between the venue and the waiter: the only person who must pay for that professional's work is the owner of the venue, not the customer.

Half Portions

The famous half portion, which brings a smaller amount of the dish you want, has even become a court matter. Established as common practice among bars and restaurants in order to avoid waste (and also to increase sales by matching the amount to what customers actually want), the reduced portion of the item sold has no legislation setting the amount – or the percentage of the amount – to be charged.

In other words, it is up to each venue to define how much will be charged for the reduced portion, taking into account both total costs and labor. However, new legislation was recently passed requiring the business in question to offer a half portion for no more than 50% of the price to patients who have had gastroplasty (stomach reduction surgery). The condition must be proven with a medical report, as set out in Law 16.270/2016.

Now that you know more about consumer rights at entertainment and dining venues – nightclubs as well as bars and restaurants – it is time to start thinking about how to minimize these situations as much as possible. Ensuring good service is essential to your venue's growth, making your customers not only come back, but come back bringing friends. Even if not every best practice is tied to a legal rule, providing a safe and comfortable environment for the customers there shows the care and dedication invested in the business.

In the next post we will talk about the measures to take to keep laws from being broken. The team's conduct and training are essential here and, even though you cannot put them in place overnight, it is good to know the final destination while you walk the path.