When Customers Don't Show Up

[legant]

It's out of the blue as you have no way of determining if it's the restaurant or someone who got a hold of the restaurant's reservation book. I more than likely would say that I would call them back and do so in the next 5 minutes for the number that I have for them.

Didn't you folks watch Mission: Impossible??!!

Various technological methods were commonly used as well, such as re-routing telephone or radiotelephone calls so they could be handled by the team [...]The team would usually arrange for some situation to arise with which the target would have to deal in a predictable way, and the team would then arrange the circumstances to guide the outcome to the desired end. This would usually result in either information being revealed to the team...

Hmmm. I guess you did.

One other thing that I do in situations like this is to create a limited-time credit card number.

[bennybig1]

as a customer and not a restauranteur, there's no excuse for not calling to cancel a res. my wife and i were heading to TenPenh a few weeks ago and traffic in DC was horrendous- we made it to DC with plenty of time but a few streets were closed and we were now running late- so she called just to say "hey, we're on our way but running 5-10 minutes late."

there's just no excuse. i even go back to opentable.com to cancel reservations if need be. it's just common courtesy-so i have no problem with you guys charging a credit card (at least for special events or big parties) or the 'gift certificate' idea from Olives. that's awesome!

[legant]

Please provide an update. Did you talk to the manager? (Maybe it's too soon but) Was there an "extra" charge on the CC. And, finally, did you enjoy the meal at the (unnamed) restaurant?

OMG--- tonight I received a phone call from a restaurant for which I have a reservation during RW. Well, not only were they confirming five days in advance, they told me I had to give a credit card to maintain my reservation.

--stuff snipped--

I reluctantly gave the caller my credit card number but regret doing so...

[mame11]

Please provide an update. Did you talk to the manager? (Maybe it's too soon but) Was there an "extra" charge on the CC. And, finally, did you enjoy the meal at the (unnamed) restaurant?

Thanks for reminding me, Legant. I ended up cancelling our reservations and headed to Central instead. However, I did call to check with the manager as friends on DR.com had not had the same experience as me. It turned out that they were only taking the number from people reserving on the weekend. (huh? seems it should be consistent or not at all).

I do need to check to see if any charges appeared on my card.

[mdt]

Thanks for reminding me, Legant. I ended up cancelling our reservations and headed to Central instead. However, I did call to check with the manager as friends on DR.com had not had the same experience as me. It turned out that they were only taking the number from people reserving on the weekend. (huh? seems it should be consistent or not at all).

I do need to check to see if any charges appeared on my card.

Probably wanted to keep the number of no shows down during the busiest of times. It could have helped to explain that on the phone. I have no problem with restaurants that want a CC # to hold a reservation.

[DLB]

-->*<--

WOW, Eve has a binding contract!

[jparrott]

Why over book, or require your guest to sign contracts?

I have no problem with contracts. They were de rigeur six years ago in top places when we planned our trip to Paris, so it's not like they're anything new.

[DLB]

I have no problem with contracts. They were de rigeur six years ago in top places when we planned our trip to Paris, so it's not like they're anything new.

I know that they are not new(although we were not required to sign any contracts in Paris during a trip in 2005)but I would never sign a contract to eat in a restaurant. I have left a credit card number to hold tables at Cityzen and Maestro. I only do this because I am sure American Express would not let then get away with charging me, if I had not shown up, which I would never do without giving proper notice!

[jpschust]

I know that they are not new(although we were not required to sign any contracts in Paris during a trip in 2005)but I would never sign a contract to eat in a restaurant. I have left a credit card number to hold tables at Cityzen and Maestro. I only do this because I am sure American Express would not let then get away with charging me, if I had not shown up, which I would never do without giving proper notice!

I'll bet that AmEx wouldn't stand up for you the way that I think you think they might. This is very common practice now at some of the more difficult to secure seat restaurants around the country, including minibar, moto and i want to say per se and french laundry as well.

[Jacques Gastreaux]

Ionly do this because I sure American Express would not let then get away with charging me if I had not shown up, which I would never do without giving proper notice!

Now you see the reason some restaurants require contracts. If they have a signed contract, they stand a much better chance of defeating any challenge to the credit card charge for failing to show up. Not all people are as honorable as you.

[Camille-Beau]

...I have left a credit card number to hold tables at Cityzen and Maestro. I only do this because I am sure American Express would not let then get away with charging me, if I had not shown up, which I would never do without giving proper notice!

From Maestro's reservations policy: "We have a 24 hour cancellation policy, we may contact you for a credit card to hold your reservation and there will be a $50.00 charge per person for cancellations or no shows after that time." Based on that, if you were to cancel your reservation with less than 24 hours notice, would you dispute the $50/pp that Maestro WILL charge to your AMEX?

[DLB]

From Maestro's reservations policy: "We have a 24 hour cancellation policy, we may contact you for a credit card to hold your reservation and there will be a $50.00 charge per person for cancellations or no shows after that time." Based on that, if you were to cancel your reservation with less than 24 hours notice, would you dispute the $50/pp that Maestro WILL charge to your AMEX?

Thanks for taking the time to look up the policy. As I stated before I always give proper notice. However, if something more important came up and I was unable to cancel in time, yes, I would call the restaurant to dispute that $100 charge.

[Jacques Gastreaux]

Thanks for taking the time to look up the policy. As I stated before I always give proper notice. However, if something more important came up and I was unable to cancel in time, yes, I would call the restaurant to dispute that $100 charge.

What would be your grounds for disputing the charge?

[DLB]

What would be your grounds for disputing the charge?

No services were rendered; from the little I know about contracts consumers usually win these type cases. I am sure it would not get that far at a place like Maestro, if you called to explain what happened.

[Jacques Gastreaux]

No services were rendered; from the little I know about contracts consumers usually win these type cases. I am sure it would not get that far at a place like Maestro, if you called to explain what happened.

Would that argument fly (no pun intended) if you bought a nonrefundable airline ticket, failed to show up for your flight, and then challenged the credit card charge?

[Camille-Beau]

No services were rendered; from the little I know about contracts consumers usually win these type cases. I am sure it would not get that far at a place like Maestro, if you called to explain what happened.

Do you typically enter into contracts which you have no intention of honoring? That's what would happen if you agree to the restaurant's policy by giving them the card and then disputing any charges they might place on the card if you did not fulfill your end of the bargain.

[DLB]

Would that argument fly (no pun intended) if you bought a nonrefundable airline ticket, failed to show up for your flight, and then challenged the credit card charge?

I am not sure, and I hope I never have to find out

Do you typically enter into contracts which you have no intention of honoring? That's what would happen if you agree to the restaurant's policy by giving them the card and then disputing any charges they might place on the card if you did not fulfill your end of the bargain.

You missed the point. So, I am moving on.

[Jacques Gastreaux]

You missed the point. So, I am moving on.

You seem to draw a distinctin between working it out with the restaurant and resolving the charge with the credit card company. Assuming you are unable to work it out with the restaurant, is it your contention that you can still resist the credit card charge by challenging the charge with the cradit card issuer? If so, on what ground. Add to the mix, assume a restaurant that has insisted on a signed contract that includes the name of the credit card issuer and the credit card number, including card expiration date and other credit card verification information, giving authorization to charge your account in the event of a failure to cancel the reservation within the agreed time frame.

[DLB]

You seem to draw a distinctin between working it out with the restaurant and resolving the charge with the credit card company. Assuming you are unable to work it out with the restaurant, is it your contention that you can still resist the credit card charge by challenging the charge with the cradit card issuer? If so, on what ground. Add to the mix, assume a restaurant that has insisted on a signed contract that includes the name of the credit card issuer and the credit card number, including card expiration date and other credit card verification information, giving authorization to charge your account in the event of a failure to cancel the reservation within the agreed time frame.

I would take it up with my credit card company if I could not work it out with a restautant, base on the fact that I did not receive any services. I would never sign a contract to eat!

[Josh Radigan]

We have always done the same with this issue since it can be a touchy situation. We charge the card and send a gift certificate for that amount to the customer.

[chickenlover]

I would take it up with my credit card company if I could not work it out with a restautant, base on the fact that I did not receive any services. I would never sign a contract to eat!

A reservation is a contract to eat. A diner breaches that contract when they don't show up. If the restaurant is not able to fill the no-show's table, then they are justified in keeping his deposit. However, if the restaurant does fill that table, they have no right to keep the deposit. That would be double recovery. That's the lawyer talking. For practical purposes, issuing a gift certificate in the amount of the deposit seems like the most elegant solution.

[jparrott]

IANAL, but isn't a reservation not a contract without some kind of consideration (such as a signed contract or actual collected fee) as it is only an offer and a response?

[chickenlover]

IANAL, but isn't a reservation not a contract without some kind of consideration (such as a signed contract or actual collected fee) as it is only an offer and a response?

When a restaurant takes a diner's credit card #, that's consideration for the reservation. I suppose that if the restaurant did not honor the diner's reservation, the diner would have a cause of action against the restaurant. Although, it's hard to imagine that anyone would actually pursue that.

*The above statements are theoretical in nature and should not be construed as legal advice.

[jparrott]

When a restaurant takes a diner's credit card #, that's consideration for the reservation. I suppose that if the restaurant did not honor the diner's reservation, the diner would have a cause of action against the restaurant. Although, it's hard to imagine that anyone would actually pursue that.

Is it consideration if they state that they will not charge it, or only if they state they will charge it?

And what would be the actionable damages if the restaurant did not honor the reservation?

[DLB]

We have always done the same with this issue since it can be a touchy situation. We charge the card and send a gift certificate for that amount to the customer.

I think that is fair.

[Jacques Gastreaux]

I would take it up with my credit card company if I could not work it out with a restautant, base on the fact that I did not receive any services. I would never sign a contract to eat!

If you know enough about contracts, you know that you don't need to sign one for there to be one. Giving your credit card number in exchange for their promise to hold you a seat not only provides the requisite manifestatoin of assent to be bound to the terms of the contract, but also consideration. You did receive something, the promise of a table at a certain time. And they gave up something, the opportunity to offer to hold that table for another customer. Trying to weasel your way out of paying for something you received is not exactly honorable conduct.

Just to be clear, and to cut down on all the PMs I'm getting, the giving of the credit card number to hold the reservation, regadless whether the restaurant is authorized to ding the card in the eventg of a no show, is the equivalent of signing the contract. The further agreement allowing the restaurnat to ding the card for a certain amount is merely a term facilitating payment of what we would call "liquidated damages" for failing to show up. The consideration component would be the restaurant's agreement to hold the table for you and not give it to someone else. If this were a law school exam question I would go into stuff such as offer and acceptance, but it's not necessary here. The point is, all the elements of a contract are present.

[dcs]

If you know enough about contracts, you know that you don't need to sign one for there to be one. Giving your credit card number in exchange for their promise to hold you a seat not only provides the requisite manifestatoin of assent to be bound to the terms of the contract, but also consideration. You did receive something, the promise of a table at a certain time. And they gave up something, the opportunity to offer to hold that table for another customer. Trying to weasel your way out of paying for something you received is not exactly honorable conduct.

Just to be clear, and to cut down on all the PMs I'm getting, the giving of the credit card number to hold the reservation, regadless whether the restaurant is authorized to ding the card in the eventg of a no show, is the equivalent of signing the contract. The further agreement allowing the restaurnat to ding the card for a certain amount is merely a term facilitating payment of what we would call "liquidated damages" for failing to show up. The consideration component would be the restaurant's agreement to hold the table for you and not give it to someone else. If this were a law school exam question I would go into stuff such as offer and acceptance, but it's not necessary here. The point is, all the elements of a contract are present.

I would have bet money that you were working up to use the phrase "detrimental reliance." Maybe if you had more time.....

[jparrott]

"detrimental reliance."

I believe this phrase belongs in the Bebo thread.

[Cooter]

I would take it up with my credit card company if I could not work it out with a restautant, base on the fact that I did not receive any services. I would never sign a contract to eat!

I don't think that this is correct. You did, in fact, receive a service. That service was the taking and maintaining of a reservation.

[Cooter]

I would have bet money that you were working up to use the phrase "detrimental reliance." Maybe if you had more time.....

Perhaps, under a theory of promissory estoppel, a court could compel you to show up for your reservation!

[jparrott]

estoppel

So I was at a wine tasting the other day when the topic of conversation turned to German softcore porn (not kidding! We were drinking some guy's cousin's homemade Taurasi, which was really frickin good Aglianico, probably made in a garbage can). I swear "estoppel" was one of the words cited.

detrimental

equitable

bilateral

specific performance

Assumpsit

liquidated damages

extracting the damages

Yep. German porn.

[christopherc]

it seems to me, and this may be totally out there, but perhaps some restaurants take credit card numbers not intending to ever charge no-shows, but simply as a deterrent.

As a costumer who does call to cancel no matter what the reason I think it fair that a restaurant take a credit card in particular on an evening like New Year's Eve, Mother's Day, Valentine's Day, etc. I know of several spas that do the same depending on the number of services you are having and implement so many hours to cancel in. I think this is becoming the norm for a lot of businesses.

[Jacques Gastreaux]

Doctrines such as promissory estoppel and detrimental reliance are equitable doctrines used to supply otherwise lacking necessary elements of a contract and are not needed here. All of the elements of a simple, bilateral contract are present.

[Jacques Gastreaux]

Perhaps, under a theory of promissory estoppel, a court could compel you to show up for your reservation!

Now we are geting into the election the restaurant would have to waive the tort and sue in assumpsit.

Assumpsit would require the restaurant invoke the remedy of specific performance when the restaurant has already anticipated the tort of breach of contract and protected itself with the liquidated damages clause and provided a means of extracting the damages through the credit card mechanism.

[dcs]

Now we are geting into the election the restaurant would have to waive the tort and sue in assumpsit.

Assumpsit would require the restaurant invoke the remedy of specific performance when the restaurant has already anticipated the tort of breach of contract and protected itself with the liquidated damages clause and provided a means of extracting the damages through the credit card mechanism.

is there not also something about an opera singer in England and the inability to enforce specific performance in a personal services contract?

[Politburo]

And what would be the actionable damages if the restaurant did not honor the reservation?

A very good question, imo. If the restaurant wants to charge us for no-shows, what about when they're only good at taking the reservation, but not holding the reservation? Admittedly, I don't think this has never happened to me.

[DLB]

Now we are geting into the election the restaurant would have to waive the tort and sue in assumpsit.

Assumpsit would require the restaurant invoke the remedy of specific performance when the restaurant has already anticipated the tort of breach of contract and protected itself with the liquidated damages clause and provided a means of extracting the damages through the credit card mechanism.

I somehow doubt a restaurant would go through all this for $100. My in- house attorney (wife) and I were discussing this last night, and she seems to think that consumers always win these type of cases. She did agree that you had some good points as well, but I would put my money on her:). The bottom line here is that I would never leave a restaruant hanging, so this is really a non issue for me. However, as I said before, if for some reason I was unable to cancel in time I would fight it.

[Mark Slater]

Doctrines such as promissory estoppel and detrimental reliance are equitable doctrines used to supply otherwise lacking necessary elements of a contract and are not needed here. All of the elements of a simple, bilateral contract are present.

But, but...... isn't a restaurant reservation really just an accomodation for the diner and a convenience for the restaurant? Will restaurant reservationists have to start saying "This contract is null and void 20 minutes past the agreed upon time"?

[Mark Slater]

A very good question, imo. If the restaurant wants to charge us for no-shows, what about when they're only good at taking the reservation, but not holding the reservation? Admittedly, I don't think this has never happened to me.

Even better: On "another food bOArd" , someone related the story of having their reservation "stolen". Some slimebags walked into a hard-to-get-in restaurant in New York City and peeked at the reservation book, claiming to be one of the names that hadn't arrived yet. They were seated. 20 minutes later, the real "Mr. Smith" shows up and is told that his party is already seated. Restaurant is full, no tables available. The "real Mr. Smith" wants to call the police to report that his table has been stolen!

(I'm not making this up).

[Jacques Gastreaux]

However, as I said before, if for some reason I was unable to cancel in time I would fight it.

There you have it folks.

[Waitman]

I understand the restauranteurs point of view but I would suspect that most restaurants in this position would make a judgement call -- there's a huge difference between someone whose flight gets cancelled or whose baby is sick and who cancels with, say, a couple hours' notice, and someone who just doesn't show up. If I were unable to make a reservation through no fault of my own and made a good faith effort to cancel and were held strictly to the rule, I might complain to Amex myself. On the other hand, a little understanding and compromise goes a long way. Reasonable people can usually work something out.

[lackadaisi]

Edited to mind my own business.

[deangold]

Not Wednesday Thursday Friday No Shows.  But just yesterday and Today...

Over half of my reservations on a Saturday night from 7:30 to 8:00 pm no showed.  Well over half.

Today at Brunch, more reservations no showed than showed up.  22% more covers NO SHOWED then I had diners in the restaurant.  We schedule, make OJ, make Bloody Mary mix {using up some of a limited stock of house made local tomato essence} based on our reservations.

So think about this the next time you have to wait 30 minutes for a reservation in a restaurant on a Saturday night.  Most probably the restaurant had everyone show up when they were overbooked.  And for a restaurant today not to overbook if they do take reservations is less stupid than the risk of having everyone show up.

It's really true, the single most likely cause of a service fuster cluck would be everyone showing up on a busy night.

[Tom Power]

Word

[Jeff Heineman]

Are Bethesda Diners heading to the city now?

[mr food]

That sucks!! 

[Pool Boy]

Not Wednesday Thursday Friday No Shows.  But just yesterday and Today...

Over half of my reservations on a Saturday night from 7:30 to 8:00 pm no showed.  Well over half.

Today at Brunch, more reservations no showed than showed up.  22% more covers NO SHOWED then I had diners in the restaurant.  We schedule, make OJ, make Bloody Mary mix {using up some of a limited stock of house made local tomato essence} based on our reservations.

So think about this the next time you have to wait 30 minutes for a reservation in a restaurant on a Saturday night.  Most probably the restaurant had everyone show up when they were overbooked.  And for a restaurant today not to overbook if they do take reservations is less stupid than the risk of having everyone show up.

It's really true, the single most likely cause of a service fuster cluck would be everyone showing up on a busy night.

Dean, just curious - do you do phone calls to reservations day of or day before to confirm online reservations? I usually get those calls from most restaurants, but not sure what level of effort there is to do this.  FWIW, that totally sucks and I completely understand why places overbook (and probably why some places are now refusing to do reservations for prime times). People who are no shows screw things up for everyone else that is a good and responsible diner. Grrr.

[deangold]

For brunch, we do not confirm.  For Friday and Saturday, we do but it makes no difference.  One interesting phenomenon is how many people have out of date emails and phone numbers on their open table profiles.  

[Escoffier]

Sorry to hear that, Dean.  And people wonder why there are lines and price increases in restaurants.  Both problems caused by people who don't show up.

[Al the Pal]

I always wondered why when you call a restaurant to cancel, they almost always sound so grateful. It sounds like a lot of people just don't show up.