Mondrian South Beach Hotel Class Action Challenges Automatic Gratuity

A Florida man says that Mondrian South Beach Hotel forces guests to pay an automatic gratuity, confusing patrons and violating state law.

Lead plaintiff Jonathan Heckman alleges in the Mondrian South Beach Hotel auto gratuity class action lawsuit that he and other hotel patrons were not informed that they would be charged an 18 percent gratuity.

In addition, the hotel often adds an “additional tip” line to many checks that include the automatic gratuity, according to the class action lawsuit.

“Defendants violate Miami-Dade County law at the restaurants in the hotel by failing to conspicuously post the required notice on a sign in the restaurant or written legibly on the restaurant menus or price listing in the same form and manner as the other items on the menu or price listing, whether the business includes an automatic gratuity or service charge in the bill, and if so, the amount or method of calculation of the automatic charge,” alleges the Mondrian South Beach Hotel class action lawsuit.

According to the Mondrian South Beach Hotel gratuity class action lawsuit, the automatically added tip is confusing. Heckman says he received a 20 percent fee on top of his check at the Mondrian pool bar while the menu indicated that only an 18 percent gratuity would be added.

Another hotel restaurant allegedly added a 20 percent tip with no notice to customers. Further, when Heckman ordered room service, he says he expected a $3.50 delivery fee, but was actually charged $4.

“This is a consumer class action brought on behalf of people who, from four years prior to filing of this Complaint through and including the date of judgment (the ‘Class Period’), purchased food and/or drinks at a restaurant, bar, mini-bar, lounge, poolside dining area, in-room dining and/or other public food service establishment owned, operated and/or controlled by Defendants at the Mondrian South Beach Hotel,” states the Mondrian South Beach Hotel class action lawsuit.

The Mondrian South Beach Hotel auto gratuity class action lawsuit alleges that Florida law requires that hotels post automatic gratuities or service charges. However, the Mondrian either neglected to post notice or presented “the notice of an automatic gratuity or service charge in small, hard to read type; hiding the notice on one page of a multi-page menu.”

The hotel also deceptively charged patrons a higher gratuity fee of 20 percent in some cases and higher room service delivery fee, alleges the Mondrian South Beach Hotel class action lawsuit.

The Mondrian South Beach Hotel gratuity class action lawsuit seeks to represent all Mondrian South Beach Hotel customers who “were billed and paid for food and/or beverages and the bill included an automatic gratuity, service charge and/or other automatic fee.”

Heckman is represented by David M. Marco of SmithMarco PC, John Soumilas of Francis & Mailman PC and Lewis J. Saul and Edward A. Coleman of Lewis Saul & Associates PC.

The Mondrian South Beach Hotel Auto Gratuity Class Action Lawsuit is Heckman, et al. v. SBE ENT Holdings LLC, et al., Case No. 1:18-cv-22258, in the U.S. District Court for the Southern District of Florida.