Black tie waiter to pay almost $7,500 for standing up clients (Tyson Vacher)

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A young businessman who supplied black tie waiters for private functions has been ordered by the Perth Magistrates Court to pay almost $7,500 in fines, compensation and costs for taking payments from clients but failing to turn up.

20 year old Tyson John Vacher, who operated Black Tie Waiters (deregistered) from his Carramar home, was fined $1,000 each on four charges of accepting payment but failing to supply all the goods and services in breach of the Australian Consumer Law. He was also ordered on 1 September 2017 to pay compensation of $489 to two consumers as well as costs of $3,000. Mr Vacher now resides in Queensland.

Mr Vacher confirmed bookings and accepted payments from four consumers between January and November 2016:

  • A Hillarys consumer paid $252 for two waiters to serve food and drinks at her engagement party in January 2016 but no wait staff turned up and no refund was paid;
  • A Hillarys consumer paid $712 for three waiters to serve food and drinks at her wedding in March 2016 but only two turned up and a requested refund of $237 wasn’t paid for the waiter who didn’t attend;
  • A Subiaco consumer paid $288 for three waiters to serve food and drinks at her engagement party in November 2016 but no wait staff turned up and she was eventually provided a refund after threats to complain to Consumer Protection;
  • An Osborne Park consumer paid $270 for three waiters to serve food and drinks at her engagement party in December 2016 but no wait staff turned up and she was provided a refund in February 2017.

During sentencing, Magistrate Smith said that Mr Vacher had “ruined some big nights for his clients”.

Commissioner for Consumer Protection David Hillyard said, in this case, a refund was little compensation for a ruined special event.

“Engagements and weddings are extremely important occasions and the no show of the waiters created stress and anxiety for the clients who were celebrating a happy event in their lives,” Mr Hillyard said.

“Mr Vacher has now paid the price for his behaviour and the court outcome is a timely reminder for other budding entrepreneurs to ensure they follow through after accepting upfront payment for goods and services from clients.

“For consumers, the lesson is clear. Do not pay the full amount for goods and services until after delivery, even if the trader demands the total be paid upfront. If they won’t accept a reasonably low deposit or payment upon delivery, then take your business elsewhere.”

Consumers who have paid for a product or service which wasn’t supplied can lodge a complaint on the Consumer Protection website: www.dmirs.wa.gov.au/consumer-protection or enquiries can be made by email consumer@dmirs.wa.gov.au or by calling 1300 30 40 54.

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Media Contact: Alan Hynd, (08) 6552 9248 / 0429 078 791 / alan.hynd@dmirs.wa.gov.au  

Consumer Protection
Media release
06 Sep 2017

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