Is a voluntary contribution on the receipt legal?

Checking your receipt at the end of a meal is no longer just a way to spot errors in your bill. Since the system for recording tips in Italy changed, some restaurants have been automatically adding a tip that's defined as "voluntary" but is actually imposed on customers through less than transparent procedures. The most controversial case is that of “voluntary contribution” Appeared on the receipt of a Tuscan influencer. Here's what the law says.

The case of the influencer and the 50 euros added to the bill

The case was sparked by Carlotta Roncarà, Tuscan influencer, who talked about her dinner in the restaurant of a hotel on social media Forte dei Marmi. Checking the receipt he noticed an item he didn't recognize: an addition of the 10 percent, 50 euros out of a total of 500, marked as “Voluntary Contribution”.

Suspicious, she called the restaurant, where they explained that it was a tip that the customer accepts "by reading the receipt." In the video, the woman emphasized that if it says "voluntary contribution," she must be asked for it and cannot be quietly added to the bill.

The tipping system in Italy

In Italy, tips are much less common than in countries like the United States, where they represent the main share of waiters' earnings. There is the covered, which is not the same as a tip, but is the extra that most people are used to.

With the budget law of 2023 The government has introduced a traceable way to pay tips, reducing taxation to 5 percent In place of the standard personal income tax (IRPEF) on the worker's income. The employer acts as guarantor and intermediary: they withhold 5 percent for the tax authorities, and the rest goes to the employee, who can then decide how to distribute the sums.

When tipping becomes illegal

According to the lawyer Maximilian Dona, an expert in consumer protection, the rules in the relationship with the consumer are clear. No voluntary contribution can be included in the account "unless the consumer objects", a scheme of silence-assent which is illegal to consume.

The Consumer Code, Dona recalls, states that no service or cost can be charged without the explicit consent of the consumer. tip It often doesn't appear anywhere and it's not clear whether the customer can decide whether to apply or remove that amount from the total.

The reported cases

The practice has become especially widespread in establishments, hotels, and restaurants that cater to foreign tourists or are run by foreigners, who are more accustomed to leaving tips. Among the reported cases:

• il “Voluntary contribution” of 10 percent in Forte dei Marmi, 50 euros on 500 spent;
• il “15 percent discretionary appreciation service” indicated on the menu of a bar in Rome, without the word tip appearing;
• the increase of additional costs, from two euros for a sea view to fifty cents for a slice of lemon.

What to do if you find a voluntary contribution

If you find an item you didn't authorize at checkout, you have the right to request its removal. Here are the steps:

1. always check the receipt before paying, item by item;
2. if you find an unsolicited contribution, ask the staff to remove it and to explain what it is;
3. if they refuse, pay and keep the receipt, then contact a consumer association;
4. For electronic payments, check that the item tip be recognized as such by the pos.

The solution proposed by Fipe

To avoid any misunderstanding, the fipe, the Italian Federation of Public Establishments, is proposing to its members to adopt a POS that, at the time of payment, asks the customer if they want to leave a percentage tip and how much. This system is already used in the United States, but is still not widely used in Italy. To protect yourself even when traveling, here's our guide on How to recognize and avoid travel scams.

FAQ

Is the voluntary contribution on the receipt legal?

No, if entered without a explicit request to the consumerThe Consumer Code prohibits charging for services without the customer's consent, and the tacit consent scheme is considered illegal.

What happened in Forte dei Marmi?

Influencer Carlotta Roncarà has been added a voluntary contribution of 10 percent (50 euros out of 500) on the receipt of a hotel restaurant, without having been asked for.

How does tip taxation work?

From 2023, tracked tips are taxed at 5 percent: the employer withholds the amount for the treasury and pays the remainder to the employee in his paycheck.

What should I do if I find an unwanted tip?

Ask for the item to be removed before paying, keep the receipt and, in case of refusal, contact a consumer association.