Paying for a meal

[granny grump]

Where would we stood in this situation

We stopped for a meal with my daughter and grandson at an OK diner. When GrandadG came to pay for the meal the card reader didn't work. The manager said that there was a hole in the wall across the road at the garage - luckily GG had enough cash on him. Where would we have stood if:
a) we didn't have enough cash
b) We didn't want to go across the road to the garage
c) or there wasn't an hole in the wall

Would we have been within our rights to leave our name and address and post on the money?

[joggerjayne]

Yep.

If, when you start the meal, the seller (restaurant) agrees that cards are an accepted means of payment (providing the option to pay by card becoming a term of the contract), then the seller cannot subsequently withdraw that option.

In theory, you could have left, and told them to contact you as and when they were able to take your payment by the pre-agreed means, and left them your cantact details.

[granny grump]

Thank you JJ The sign saying that they did accept cards was prominently displayed.

I have to say that I felt really sorry for the young waitress and the manager as they had a diner absolutely full and couldn't take any card payments I bet it was absolute bedlam after we left.

Just wondered where we would have stood

[joggerjayne]

You see, what if a customer had said ...

"The only reason I chose to eat here is that I have no access to any cash, and you specifically represented to me that I could pay by card?"

You see the problem for the restaurant.

[woofgang]

no,,you don't have a right to do that.

[joggerjayne]

Well, I think you do, Woofgang.

Under the Sale of Goods Act and the Supply of Goods and Services Act and the Supply of Goods and Services Act, if there is no agreement as to the time for payment, then payment must be made within a "reasonable time".

If we have agreed that the manner of payment will be by way of card at the conclusion of the meal, and the restaurant is unable to perform that term of the agreement, then there is no longer any agreement as to time for payment.

Whilst it is a "convention" that diners pay for meals before leaving the premises, it is not a legal requirement, particularly where the restaurant has declined (or is unable) to accept payment in the agreed form.

If the diner provides payment within a "reasonable time", then the diner has complied with his/her legal obligations.

[DTCwordfan]

thought you could also technically write a cheque on anything..........as long as you have your account # and sort code # on it and all the rest re date, name, amount etc or has that changed......

[joggerjayne]

DTC ...

That is also true.

A "cheque book" is purely an item of convenience.

I will try to avoid the obvious reference to the person who wrote a cheque on the side of a cow.

[woofgang]

but the card may be only one option ie the restaurant may take cash too (in this case did) who gets to choose one method over the others?

[granny grump]

what happens if you don't have the cash?

[DTCwordfan]

jackets off and its washing up time! lol

[welshlibranr]

Similar thing happened to me this week, I drove to my local filling station and started to fill my car with unleaded, after I had pumped in about £15 of petrol, a young man ran out of the kiosk shouting ' please stop! cash only!' I said 'I don't have enough cash, I always pay on my card', he then asked me to go inside, where I was told that the card reader had broken down, and he asked me to wait as they were trying to get the problem fixed. I waited over ten minutes, but had to be at the school to collect my grandson, and so I then told them that I really couldn't wait any longer, they reluctently agreed that I could call back in half an hour to pay, after going to a cash machine to withdraw the cash, I understand why they didn't really want to let me leave, but it wasn't my fault! there were four of us just waiting around there!....I did go back and pay, much to their relief!.......

[DTCwordfan]

Dont know why they had the proverbial knickers in a twist as service stations are all cctv equipped to take car registrations on those trying a runner. So they had your details......

[joggerjayne]

woofgang ...

If the restaurant offers options, then the diner may choose which option to accept.

Suppose a car dealership offers cars in black, silver, blue and red.

You order a black car.

When you go to collect it, the car waiting for you is red.

Can the dealership force you to have the red car?

[welshlibranr]

don't think they have cctv DT, small local filling station, but I did leave my details, and proof of my identity, phone No. etc............they demanded that I did this!........I can understand it in a way, they are employees, and I suppose they would have been responsible for the loss had I not returned to pay!..........

[joggerjayne]

I think I might go to bed.

[DTCwordfan]

welshlibrarian Doc....she was in the garage. Actually a lot of restaurants have cctv now.....jsut to be pedantic.

Power cuts/equip failure happens a fair bit, certainly in service stations.....I used to work in that business overseas

[welshlibranr]

Maybe read back a few posts doc?..............

[granny grump]

Thank you all enjoyed reading all your comments