Complaints

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• Initial Complaint

  Date:03/04/2024

  Type:Billing Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  We had a 9 yo b-day party for 13 children on 09/24/23. The owner, Ana, sent me the standard agreement via email AFTER our initial conversation and verbal agreement. Thus, I spoke with her again to emphasize that this party was only for kids, and she again agreed. She was clear on this. Any adults who stayed would be mostly outside, and if they wanted food, would be paying for it themselves. I signed nothing agreeing to anything else. I then sent over my credit card info at her request. Despite the above the staff counted every parent, and charged us $20 each, even though the ones who stayed remained mostly outside. They also charged those parents individually. My total bill, for what was supposed to be 13 kids having ice cream, was $828.30. We disputed this with the staff at the time of payment, but they said the owner was not there, there was nothing they could do, and that we would have to contact her later. We did not make a scene, and hoped/trusted the owner would honor our agreement after the fact and do the right thing. She has not despite my reminders. She will not acknowledge our agreement, nor refund any money, and just stopped responding. This is very much a "bait and switch". Since she wants to adhere to her written agreement after the fact, I would like to note that we received NO dedicated. Every person who placed an order waited in line like every other patron that day. If we would have simply walked in off the street, as we have in the past with a party of similar size, for about $150, none of this would have happened and the owner would have been happy to have the business. This is an egregious business practice of price gouging people while attempting to appear as if something of value was delivered. All we ultimately asked to be refunded is the $240, plus tax and gratuity, she charged for parents because we agreed they were not part of the party and paid for themselves.

  Business Response

  Date: 03/20/2024

  Good afternoon
  *******:

  I hope
  this message finds you well.

  I would
  like to apologize I could not get back to you before.

  
  Allow me to share this with you.

  As per our previous communication
  we provided to you our terms and conditions for the Reservation:
  September 5th,
  2023: We received your Dulce Special Event Inquiry.
  
  
  September 6th,
  2023: We reply to your Dulce Special Event Inquiry/ Term & Conditions.
  
  September 8th,
  2023: You sent to our way the Credit Card Authorization Form, agreeing with
  term and conditions mentioned above. By sending to our way the Credit Card
  Authorization Form to proceed with charge for the $100. 00 Deposit to secure
  your Reservation.
  
  September
  11th, 2023: We sent your
  way the confirmation for the reservation and mentioned again our Terms &
  Conditions.
  
  September
  24th, 2023: Day of your
  special event.
  

  Our
  Manager on duty that day counted a total of 12 adults and 13 children attending
  your event.
  Food & Beverage minimum per person Managers Final Head Count Total
  Adults $20.00 12 $240.00
  Children $10.00 13 $130.00
  Other
  Charges ------------
  Half Venue Rental Fee $400.00
  Total $770.00 + Taxes + Gratuity
  
  As far
  as you can see according to our Reservation Policy that you agreed on:

  Total estimated
  Minimum Food & Beverage needed to be: $370.00 + $400.00 Half Venue
  Rental Fee + Taxes + Gratuity - $100.00 Deposit

  *******’s
  ***** final bill: $224.29 Food & Beverage + $400.00 Half Venue Rental
  Fee + Tax + Gratuity - $100.00 Deposit ($145.71 below the estimated).

  It is
  important for you to know that our Manager on duty added to your final bill the
  Food & Beverage Consumption of your guest that ordered and paid separately
  to your Totals, in order for you to come closer to meeting the Minimum Food
  & Beverage requirements that you agreed on September 8th 2023.

  For any
  further questions please do not hesitate to contact me.

  Thank
  you for letting Dulce convert your special moment into memories for a lifetime.

  We are
  looking forward to hosting you here at Dulce.

  Have a
  wonderful day.

  Kind Regards,

  Dulce

  Customer Answer

  Date: 03/22/2024

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:This response does not address the fact that the owner agreed, twice, that this party was for kids only. I had the initial conversation with her, and then confirmed it with a second one. Again, this was a “bait and switch“. 
  Was I supposed to stand at the door of a public establishment and demand the parents leave immediately? - When they were paying for themselves and could be there as any other member of the public could?
  I don’t even know how the staff could have counted the adults accurately considering the number of people walking in and out, and how many of the parents stayed for only a few minutes to briefly chat with other parents before leaving, but never even came inside. The parents who did stay paid for their own food, but primarily remained outside in the common areas. However, we recharged for them as well. I have no doubt we were charged for people who didn’t stay at all, and possibly not even part of our party.
  Also, we were not given a dedicated server for our “area”as we were promised. We had to stand in line like every other customer that day.
  I really wish we would have done what we did the previous year, and that was to arrive impromptu, cover the cost of everyone in our party’s ice cream, and left within a couple of hours for less than $150. They made an estimated $1000 total on a kids birthday party to serve 13 kids ice cream. And all we’re asking for back is the money they charged us for the adults who chose to stay on their own. They were not invited but they were clients of this establishment that day just as any other client that was allowed to walk through the open doors of this facility that was OPEN TO THE PUBLIC that day. 
  That means we would still have paid over $600 for what we paid less than $150 for the year before.
  We were simply trying to be polite and respectful, but that good deed was certainly punished.
  
  
  
  Sincerely,
  
  
  
  ******* *****

  Business Response

  Date: 03/27/2024

  Good afternoon
  *******:
  

  I hope
  this message finds you well.
  

  I would
  like to apologize I could not get back to you before.
  

  Allow me to share this with you.
  

  As per our previous communication
  we provided to you our terms and conditions for the Reservation:
  

  - September 5th,
  2023: We received your Dulce Special Event Inquiry.

  - September 6th,
  2023: We reply to your Dulce Special Event Inquiry/ Term & Conditions.

  -September 8th,
  2023: You sent to our way the Credit Card Authorization Form, agreeing with
  term and conditions mentioned above. By sending to our way the Credit Card
  Authorization Form to proceed with charge for the $100. 00 Deposit to secure
  your Reservation.

  -September
  11th, 2023: We sent your
  way the confirmation for the reservation and mentioned again our Terms &
  Conditions.

  - September
  24th, 2023: Day of your
  special event.
  Our
  Manager on duty that day counted a total of 12 adults and 13 children attending
  your event.
  Food & Beverage minimum per person Managers Final Head Count Total
  Adults $20.00 12 $240.00
  Children $10.00 13 $130.00
  Other
  Charges ------------
  Half Venue Rental Fee $400.00
  Total $770.00 + Taxes + Gratuity

  As far
  as you can see according to our Reservation Policy that you agreed on:

  Total estimated
  Minimum Food & Beverage needed to be: $370.00 + $400.00 Half Venue
  Rental Fee + Taxes + Gratuity - $100.00 Deposit
  *******’s
  ***** final bill: $224.29 Food & Beverage + $400.00 Half Venue Rental
  Fee + Tax + Gratuity - $100.00 Deposit ($145.71 below the estimated).
  It is
  important for you to know that our Manager on duty added to your final bill the
  Food & Beverage Consumption of your guest that ordered and paid separately
  to your Totals, in order for you to come closer to meeting the Minimum Food
  & Beverage requirements that you agreed on September 8th 2023.
  

  For any
  further questions please do not hesitate to contact me.
  

  Thank
  you for letting Dulce convert your special moment into memories for a lifetime.

  
  We are
  looking forward to hosting you here at Dulce.

  
  Have a
  wonderful day.

  
  Kind Regards,

  Dulce Churros & Ice Cream