Beer during happy hour
May 5, 2003 | 12:00am
Q. Ryan Castro of Quezon City writes: My friends and I were in Baguio recently. We went to a bar for gimmick. This bar offered a 50% discount on all drinks during happy hour, until 10 p.m. We were there around 9:20 that night and we deliberately ordered more beer than we could consume. After all, we really wanted to take advantage of the discount for happy hour.
"We re-ordered before 10 p.m. but the waiter refused to accept our order. The waiter was willing to fill our order, but the order slip he was giving us indicated the regular price of beer.Not wanting to get into a fight, we just paid our bill and left the bar.
"However, I just want to be clarified on such promotions. Should we really be given discounts only on the beer that we have been able to consume? Should we pay more than the indicated price of the promo?
A. You should only pay for 50% of the price of the beer on all your orders if you ordered before the end of the promo period.
Sales promotions of bars, like the happy hour you mentioned, require a sales promotion permit from the DTI or from the Bureau of Food and Drug Administration if the happy hour is sponsored by a liquor company.
When a DTI permit is secured, the mechanics such as discounts and duration of the promotion must be followed. Otherwise, the bar is liable for violating regulations of sales acts and practices that prohibit deceptive actions.
Article 50 of the Consumer Act states: "A deceptive act or practice by seller or supplier in connection with a consumer transaction violates this Act whether it occurs before, during, or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier, or seller–through concealment, false representation, or fraudulent manipulation–induces a consumer to enter into a sales or lease transaction of any consumer product or service."
In your case, there was deception because the beer was available to you for a reason that was different from the facts stated in the promotion.
(You may send your consumer complaints and comments to the Bureau of Trade Regulation and Consumer Protection, DTI-Domestic Bldg., 361 Sen. Gil Puyat Ave., Makati City. You may also call us at our consumer hotlines 896-5740 or 890-4938. Our e-mail address is www.e-reklamo.net.ph)
"We re-ordered before 10 p.m. but the waiter refused to accept our order. The waiter was willing to fill our order, but the order slip he was giving us indicated the regular price of beer.Not wanting to get into a fight, we just paid our bill and left the bar.
"However, I just want to be clarified on such promotions. Should we really be given discounts only on the beer that we have been able to consume? Should we pay more than the indicated price of the promo?
A. You should only pay for 50% of the price of the beer on all your orders if you ordered before the end of the promo period.
Sales promotions of bars, like the happy hour you mentioned, require a sales promotion permit from the DTI or from the Bureau of Food and Drug Administration if the happy hour is sponsored by a liquor company.
When a DTI permit is secured, the mechanics such as discounts and duration of the promotion must be followed. Otherwise, the bar is liable for violating regulations of sales acts and practices that prohibit deceptive actions.
Article 50 of the Consumer Act states: "A deceptive act or practice by seller or supplier in connection with a consumer transaction violates this Act whether it occurs before, during, or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier, or seller–through concealment, false representation, or fraudulent manipulation–induces a consumer to enter into a sales or lease transaction of any consumer product or service."
In your case, there was deception because the beer was available to you for a reason that was different from the facts stated in the promotion.
(You may send your consumer complaints and comments to the Bureau of Trade Regulation and Consumer Protection, DTI-Domestic Bldg., 361 Sen. Gil Puyat Ave., Makati City. You may also call us at our consumer hotlines 896-5740 or 890-4938. Our e-mail address is www.e-reklamo.net.ph)
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