No.
J- 24/9/2014-CPU(pt.)
Government of India
Ministry of Consumer Affairs, Food and Public Distribution
(Department of Consumer Affairs)
Government of India
Ministry of Consumer Affairs, Food and Public Distribution
(Department of Consumer Affairs)
Krishi
Bhavan,
New Delhi The 21st April, 2017
New Delhi The 21st April, 2017
GUIDELINES
ON FAIR TRADE PRACTICES RELATED TO CHARGING OF SERVICE CHARGE FROM CONSUMERS BY
HOTELS/RESTAURANTS
Whereas,
the Department of Consumer Affairs, Government of India is mandated to ensure
that consumers are protected as per the provisions of the Consumer Protection
Act, 1986 (hereinafter referred as ‘The Act’);
Whereas,
a customer visiting a hotel or restaurant for availing its hospitality, which
includes buying the food & beverages and availing services connected
therewith or incidental thereto for consideration, falls under the definition
of consumer as per the Act;
Whereas,
it has come to the notice of this Department that some hotels and restaurants
are charging tips/gratuities from the customers without their express consent
in the name of service charges;
Whereas,
it has also come to the notice of this Department that some customers have been
paying tips to waiters in addition to service charges under the mistaken
impression that service charge is a part of taxes:
Whereas,
it has also come to the notice of this Department that in some cases
hotels/restaurants are restraining customers from entering the premises if they
are not in prior agreement to pay the mandatory service charge;
Whereas,
public interest has arisen due to a number of grievances reported against
mandatory levy of service charges by the hotels and restaurants;
Now
therefore, the Government considers it appropriate to clearly distinguish
between the fair and unfair trade practices in respect of service charges,
charged by the hotels/restaurants, and issues the following guidelines:
(1)
A component of service is inherent in provision of food and beverages ordered
by a customer. Pricing of the product therefore is expected to cover both the
goods and service components.
(2)
Placing of an order by a customer amounts to his/her agreement to pay the
prices displayed on the menu card along with the applicable taxes. Charging for
anything other than the afore-mentioned, without express consent of the
customer, would amount to unfair trade practice as defined under the Act.
(3)
Tip or gratuity paid by a customer is towards hospitality received by him/her,
beyond the basic minimum service already contracted between him/her and the
hotel management. It is a separate transaction between the customer and the
staff of the hotel or restaurant, which is entered into, at the customer’s
discretion.
(4)
The point of time when a customer decides to give a tip/gratuity is not when
he/she enters the hotel/restaurant and also not when he/she places his/her
order. It is only after completing the meal that the customer is in a position
to assess quality of service, and decide whether or not to pay a tip/gratuity
and if so, how much. Therefore, if a hotel/restaurant considers that entry of a
customer to a hotel/restaurant amounts to his/her implied consent to pay a
fixed amount of service charge, it is not correct. Further, any restriction of
entry based on this amounts to a trade practice which imposes an unjustified
cost on the customer by way of forcing him/her to pay service charge as
condition precedent to placing order of food and beverages, and as such it
falls under restrictive trade practice as defined under section 2(1)(nnn) of
the Act.
(5)
In view of the above, the bill presented to the customer may clearly display
that service charge is voluntary, and the service charge column of the bill may
be left blank for the customer to fill up before making payment.
(6)
A customer is entitled to exercise his/her rights as a consumer, to be heard
and redressed under provisions of the Act in case of unfair/restrictive trade
practices. and can approach a Consumer Disputes Redressal Commission/Forum of
appropriate jurisdiction.
(G.C.
Rout)
Deputy
Secretary to the Government of India
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