Franconia Beer Message Board

OT: We're not in Kansas anymore, Berlin edition
Posted by Gerhard Schoolmann on 2016-07-11 05:04:58
Yes. "Service is not included" is illegal, because the "Bediendungsgeld", the wage for the waiters, must be included.
The words "Tip is not included" can be okay, because You can give a voluntary "Trinkgeld" or not. Also the words "We would please about a tip" are okay.

The problem is maybe, that the word "tip" isn't clear. Bedienungsgeld is included, but a voluntary tip is not included. In the USA the tip is voluntary, but everybody knows he has to pay, because the waiters need the money.

But You have to differentiate.

1. In the relationship between the pub/restaurant and the guest: The guest need not pay.
If You have paid You can ask to get the surcharge back ("ungerechtfertigte Bereicherung", unjustified entrichment). But You have to prove it and risk a lawsuit.

2. The "Preisangabenverordnung" relates to the relationship between the pub/restaurant owner and the authority.
If You make a complaint, the Ordnungsamt will visit the pub and command to change, mabe with an admonition or a fine. But they do nothing that You get Your money back.

The name of the authoriy is different in the German States.
In Bavaria it is the "Gewerbeaufsichtsamt" / "Ordnungsamt" of the county (Landkreis) or of the bigger cities. In Berlin it is the "Ordnungsamt" of the "Bezirk", p.e. Berlin-Friedrichshain-Kreuzberg, where the pub/restaurant is.
 
Followups:
         OT: We're not in Kansas anymore, Berlin edition by FredW on  2016-07-11 13:44:47
           OT: We're not in Kansas anymore, Berlin edition by FredW on  2016-07-11 13:56:55
             OT: We're not in Kansas anymore, Berlin edition by Nick B. on  2016-07-12 01:33:25
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