ComplaintsforHanna's Diner & Deli Shoppe

• Initial Complaint

  11/07/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I received a $100.00 gift certificate to ******* Restaurant in Indian Orchard, ** from my church choir. The gift certificate number ****** was issued on 12-20-21 to one of the choir members. It was given to me on Christmas Day. I had put the gift certificate away because I was not going out to restaurants during the pandemic and because of my underlining condition. When I happened to be looking for something in my drawer, I came across the certificate in September I didn't realize that the owner, ***** had stamped in red: Valid for 90 Days from Date of Purchase. I invited a friend from church to go out to breakfast with me at *******. When it was time to pay, I presented the certificate and the waitress said I couldn't use it because it was past the 90 days. I asked her to call ***** and I would speak to her on the phone. She went back to talk to the cook about the situation. Then they finally agreed that I could use it. The bill came to $19.66 leaving a balance of $80.34. I went back to ******* in October with a friend for lunch and the same waitress said that ***** told her and the cook that I could not use the gift certificate. Again, I asked that same waitress to call ***** but she wouldn't. I asked her when *****, the owner, was working and she told me Monday, Tuesday and Wednesday of that week. I called ****, the person who purchased the gift certificate from ***** and I asked **** to speak to ***** and to have her write on the back her response. **** went to the restaurant and spoke to her but ***** told her: "Valid past 90 day," is what she printed on the back of the certificate. She was not very nice to **** and I know other people who will not go to ******* anymore because she is very rude to people. I spoke to my choir members about the situation. They were very upset and suggested that I contact the BBB. I felt that it was my duty to report her to the BBB because this is very unfair and she should not be getting away with this incident. **

  Business response

  11/13/2022

  To whom it may concern.
  My name is ******************************* and I have been the owner of *****`s Diner & Deli Shoppe for 21 years. Being 21 years in business means I'm doing it well, otherwise I would have been out of business a long time ago. Throughout my years, most customers are satisfied and leave positive and very good reviews on TripAdvisor, ************ and ********* which is no secret and is publicly available. As in any business, there are two types of customers, a satisfied customer and a dissatisfied customer. During my 21 years in business, I can say that I am one of the lucky ones who have had no problems with clients. Times have changed, and since the covid-19 virus outbreak, people have changed, but we've had no problems with the customers anyway. As for this lady's claims for an expired gift certificate, it is not 100% true as she describes it. A long time ago, we issued gift certificates for an indefinite period, until people started to counterfeit them and redeem them even after 5 years. Our attorney friend told us that we should begin to stamp the expiry date on the certificate the same way that banks stamp checks for 90 days. Therefore, we ordered a red stamp stating that the certificate is valid for 90 days. All customers, without any exception, are informed before purchasing the certificate that the period of validity expires after 90 days. Many times, customers come before the expiry date of the certificate and ask for an extension for various reasons and we always help customers and extend the deadline for a second 90 days. A simple example of this is gift certificates during the Christmas season, many people go to ******* and come back in the spring, so we know it and we don't have a problem with it. In the case of ***********************, this lady knew very well how many days the certificate was valid. It is not true that she did not go to the restaurant because she was afraid of the virus, because in the meantime she was in my restaurant many times in a group of people from the church, including the lady who bought this certificate. Secondly, during the first confrontation, *********************** knew that the certificate was not valid, and yet she wanted to force the waitress to accept it. On that day, the waitress was a student who works with us during the holidays and did not know how to smooth this awkward situation. I was on vacation abroad so it was not possible due to the time difference to contact me at this point, so the waitress went to the manager, not as *********************** tells the cook. The manager, exceptionally, despite the non-valid certificate, allowed the waitress to accept it in full value at that moment. But it didn't stop there, and *********************** tried again to use the same invalid certificate. She was also rude and tried to intimidate the waitress by saying she would write to BBB, *** to City of Springfield, etc. . It wasn't over, and *********************** sent us **** who bought the certificate so that we could pay her the rest of the money. We explained to **** that we had been given the chance previously, but *********************** refused to take advantage of it.
  The end was the same, I will write everywhere I can, ***, BBB, City Hall etc., and the whole conversation was not enjoyable at all. It is the first such experience in my career and I do not wish this experience even to my enemy.
                                   Sincerely, ********************************

  Customer response

  11/14/2022

   
  Complaint: 18362015
  
  I am rejecting this response because:1.) ***** does not speak or write correctly the way the letter is written and she is lying. 2.) Her attorney friend should be aware of " According to The ***************************** ********************** General" it states under ************* Gift Certificate Law, that a gift certificate or a merchant credit slip (given for returned merchandise) must be redeemable for a minimum of seven years from its date of issuance (M.G.L.c.93,s.145). 3.) It was stated that I was in the restaurant several times with the choir group is a lie once I received the gift certificate. If I was there, why wouldn't I use the gift certificate. (The last time I took my choir to ******* was before covid started for an appreciation luncheon). I did not go to ******* until September 2022, with one of the choir members for breakfast with the gift certificate. 4.)  And yes, I was afraid to go out to any restaurant because of my underlining condition and I did not want to come in contact with others not knowing whether they received their covid shots. I would never put anyone in a life threatening situation. 5.) The student waitress that ***** speaks about that I spoke to only works the holiday season is not true because it was the same person I spoke to and waited on us in September and October.  And lastly, I did ask the waitress when ***** would be working to settle this matter.                                                                                                          I was always taught when working in a restaurant that the customer was always right, and I truly believe that I am in the right. If you need more information please let me know.

  Sincerely,

  ***********************

   

  Business response

  11/14/2022

  Complaint: 18362015
  I see this conversation is getting nowhere, so I'm enclosing the ************* law on the certificate expiration date . Please read this carefully, especially the parts marked         " >>>". It's also not true that "the customer is always right" because people can be wrong. We also have rights and we should defend ourselves.  It is our job to prove that we are not doing anything wrong. Also, I'm not a liar.

  " It came to my attention recently that there are LMTs who do not know the gift certificate laws. I am taking this opportunity to make sure we inform you of the laws. I copied this information from http://www.mass.gov/*****/consumer-rights-and-resources/consumer-protection/shopping/shopping-rights/gift-certificate-law.html
  Current Laws
  Gift Certificates must be good for at least 7 years
  The definition of Gift Certificates is expanded to include electronic cards with a banked dollar value, a merchandise credit, a certificate where the issuer has received payment for the full-face value for the future purchase or delivery of goods or services and any other medium that evidences the giving of consideration in exchange for the right to redeem the it for goods, food, services, credit or money of at least an equal value. Pre-paid calling arrangements, such as pre-paid phone cards, are not considered Gift Certificates under the law
  >>>Gift Certificates are no longer subject to abandoned property law
  >>>Gift Certificates not clearly marked with both a date of issuance and a date of expiration shall be good forever.
  >>>An electronic gift card with a banked dollar value that is not clearly marked with BOTH the issuance date and expiration date on its face, must have the issuance date and             >>>expiration date either:
  >>>Clearly printed on a sales receipt, given to the buyer at the time of sale, OR
  >>>Available through an Internet site or toll-free information telephone line to the buyer or holder of the electronic gift card.
  >>>An electronic gift card is good forever If the buyer of the electronic gift card does not receive a printed sales receipt with both the issuance date and expiration date clearly >>>marked on it OR, the buyer or holder of the electronic gift card does not have both the issuance date and the expiration date available through an Internet site OR through a toll-free information telephone line.   By the way, our certificate has a nice big read stamp on it stating " Valid For 90 Days from Date of purchase "

  If 90% or more of a Gift Certificate has been used or redeemed, a merchant must give the consumer the choice between receiving cash OR maintaining the remaining balance on the Gift Certificate
  Also (MGL 93, s14s) states that the seller must clearly indicate the date of issuance and expiration date on either the face of the certificate, or, if it is an electronic card with banked dollar value, on the sales receipt, or by means of an internet site or a tool-free number "

                                                                                                              Sincerely, *******************************

  
  

  Customer response

  11/21/2022

   
  Complaint: 18362015:

  Dear *******************************,

  Thank you for your prompt decision and rule interpretation regarding our current situation of an $80.34 balance on my gift certificate at your restaurant, which has an expiration date, rendering it null and void. 

  At this time, I am not going to pursue this matter any longer per legal counsel.  We hope that your $80.34 gain will not see far more loss for you as my gift certificate senders have been notified and have expressed surprise and negative reactions as most are patrons at your establishment.

  Sincerely,
  
  ***********************

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