Can a Restaurant Refuse a Refund? Tiktoker Makes Unreasonable Requests

In the restaurant industry, mistakes are an unfortunate yet inevitable occurrence. It can be common for meals to be served late or for orders to be misunderstood. In the worst cases, food arrives cold or even undercooked. In these instances, customers often expect the restaurant to refund their meal for its honest mistake. With the popularization of the “customer is always right” policy, people have become increasingly unreasonable with their refund requests. Take, for instance, the TikTok influencer below, who requests a new meal after she left hers to get cold. So, can a restaurant refuse a refund in these extreme situations? 

TikToker Makes an Unreasonable Request 

This TikToker is a prime example of restaurant requests getting out of hand. In her video, she asks a waiter if she can get a replacement meal. She explained that the dish got cold as she was taking photos of it. 

The waiter claims that she received the meal 30 minutes prior, but the woman continues with her request. The waiter lets the woman know that she would have to pay for two meals if she gets a replacement since it was her fault the meal got cold in the first place. The video continues for a few more moments, showing the two going back and forth in the conversation. 

Can a Restaurant Refuse a Refund? 

Restaurants are within their rights to refuse a refund request, especially in the abovementioned situation. Attorney Ugo Lord argues that menus act as a form of contract between the restaurant and the consumer. The menu details act as an offer upon which the consumer can accept. Descriptions and photos within the menu help elucidate what the person ordering should expect. 

When a person formally orders a specific item and agrees to pay, they create a valid contract. If the restaurant fails to meet the expectations outlined in its menu, it must provide some form of refund. For instance, if the menu states that the restaurant serves a meal hot but arrives cold at the table, the restaurant has not fulfilled its part of the deal.

After the food shows up at your table, the restaurant has officially fulfilled its end of the agreement. Any action you take afterward has no impact on the meal. In the video, the food presumably arrived hot and ready, and the woman let it get cold in front of her. Thus, since it was her fault that the food got cold and not the restaurant’s, there would be no formal reason to give her a refund. 

When Can You Get a Refund From a Restaurant 

Not everyone seeking refunds from restaurants are crooks or scammers. Many people seek refunds for meals that don’t meet the restaurant’s expectations. Likewise, others may seek a refund if their restaurant experience isn’t enjoyable. In the U.S., few specific laws govern when restaurants must provide refunds or replacement meals. Thus, many situations fall to the temperament and understanding of the restaurant. Serious situations often warrant refunds and replacement, while more subjective requests may be denied. 

Some common instances when customers can request a refund or meal replacement include: 

• When a meal doesn’t match the restaurant’s description. 
• When a meal is incorrect compared to the customer’s order.
• When a meal contains an allergen. 
• When a meal is mishandled or contaminated. 
• When the front-of-house staff are rude or offputting.
• When there are unacceptable delays or double-bookings. 

How to Properly Request a Restaurant Refund 

Everyone will likely encounter an unsatisfactory dining experience, no matter how uncomfortable it can be. Speaking up and requesting a replacement or fund can be even more difficult. It is important to have a few tips under your belt to help you along with the process of submitting a request. 

Firstly, you must speak up quickly. Letting restaurant staff immediately know there is an issue can help keep communication open comfortably. Speaking up quickly is also helpful when your issue concerns the food itself. For example, if your food arrived cold, it can be challenging to prove unless you bring it up within a few minutes of being sent to the table. As with most conflict-resolution scenarios, keeping calm and collected is key. It never helps to lose your temper, especially when you are asking for something like a refund. 

When letting restaurant staff know, you may want to request to speak to management. Managers usually hold the power to distribute refunds and handle formal requests. You may also want to clarify that you are willing to submit a formal request to the restaurant or even bring the situation to a small claims court. 

If the unsatisfactory meal situation results in serious damages, you may find that small claims court is your best option. If you decide to resolve your restaurant issues in court, seek assistance from experienced legal professionals.