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Daily Catch-tipping policy [moved from Boston board]

After viewing the new ICA, w stopped at the nearby Daily Catch. We ordered a bottle of wine and cherry stones. After a 45 minute wait and our wine about gone, the clams arrived and we decided the service was so bad we wouldn't order anything else and asked for the check. It was given to us with a 15% tip added. Nowhere was it mentioned that they would add the tip. which I thought was supposed to be a grutuity. Is it legal?

my question is , is it legal to add the tip?

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  1. Would you have tipped less than that anyway? I think they did you a favor. 15% is fairly modest!

    7 Replies
    1. re: tamerlanenj

      Not if it's a small group of people and it takes forever for food to come and the service was bad.

      1. re: Joanie

        Is it the waiters fault that the kitchen is slow?

        1. re: tamerlanenj

          I get the impression the server wasn't doing much to accommodate them waiting for raw food. And I still say an automatic tip for a party of 2 is ridiculous.

          1. re: Joanie

            I'm with you, Joanie. Even if one decides what DC did was legal, to say that it amounts to doing the OP a favor is a bit of a stretch.

      2. re: tamerlanenj

        We were one of two tables only that were sitting outside facing the harbor.
        My husband and I are good tippers but that's not the point. It was a surprise to see the tip added. Maybe they were afraid we wouldn't tip because we asked wht was taking so long for our cherrystones.

        1. re: tamerlanenj

          I respectfully disagree.....15% for bad service is more than generous. And if the tip is automatic, what is the incentive for the server? I try for 18%-20% average...but higher if the service is outstanding. In a poor situation, 10% is adequate, and hopefully sends a message!

          1. re: tamerlanenj

            any restaurant that did me that sort of "favor" would be repaid by my never patronizing them ever again.

          2. The only place I know of that routinely adds the tip to the bill (15%) regardless of party size is Seoul Food, a Korean place near Porter Square, and they don't tell you ahead of time that they'll be doing this. They may do this because the owners are also the wait staff. Many places however do add the gratuity on for parties of 6 or more.

            My guess is that it is legal to do so, though most places won't because it will provoke anger. One wonders if Daily Catch does this to all its patrons or not -- anybody else have this experience there?

            1. While it may be *legal* to add a tip/service charge...it certainly is not ethical if this service charge is not mentioned in advance or printed in the menu. If you were not notified in advance you are within your rights to modify this percentage when you are presented with the bill (and certainly mention the poor service to the manager).

              1. You could have refused it if it was not stated policy. This is one reason to have cash ready to pay in restaurants, btw: that way, you never have to worry about what they try to charge your credit card. With cash, you could have easily refused.

                1. They put it on ...you take it off. End of argument.

                  1. UPDATE
                    After calling again today, the person who answered said a manager would be in at 3Pm. I asked them to call Jerry as I would be at the dentist. When I returned home he said the head waiter phoned and said they could not send a check or credit his card he had to go there tomorrow and get his refund . Totally unacceptable! I phoned back and demanded to speak to a manager. This guy was unaware of what happened the staff took it upon themselves. He apologized and will credit the MC. I suggested to him that it would be nice if he instructed the help to inform the customer when there is a delay in bringing the order. And that one waiters response was not acceptable: that they get alot of tourists who only leave 5% or nothing. A very untrained staff!!

                    2 Replies
                      1. re: tamerlanenj

                        ACtually, if a server on his/her own initiative automatically adde a tip to a bill without prior notice, that is a good reason for getting no tip. Ethical handling of the bill is part of the server's basic job. Do not pass Go, Do not collect Tip.