I have more arguments about this one. I agree with the waiter -- if you just don't like how it tastes, you don't get to send it back. Sorry, but you made a bad choice. If I tried to return a bottle of wine to my local wine store because I didn't like how it tasted, I'd get laughed out of the store.
Many people don't agree with me, however. They think that "wine which doesn't taste the way I want it to" always = "bad wine" and is therefore okay to send back. I try to never go out to dinner with these people.
I completely agree with you, Tep. I've never gotten wine that's gone bad, in a restaurant, or at home. I've gotten some wines that weren't good choices, but there was no vinegar or mold about them. I just didn't guess right. I never send them back. I drink the first glass quickly, and then the subsequent glasses don't taste so wrong.
It's generally considered acceptable to send back food you don't like -- why should wine be treated differently?
Like a lot of other people, I think the reasons why don't like it should come into play. Pink chicken? Send it back. Charred steak that was supposed to be rare? Send it back. Overly greasy, overly salty, overly sweet, bad clams? Send it back.
If you'd never had mushrooms before, and order a dish with mushrooms, and discover you hate mushrooms, I don't think you ought to send that back expecting to get a second dinner for free. If you do get the second dinner for free, you ought to tip, big time.
I completely disagree with the waiter's #8 rule:
8. When the waiter presents the bottle LOOK AT THE LABEL! Sometimes waiters make mistakes. My bistro has several wines of differing vintages from the same maker. Sometimes a ’97 is a shitload more expensive than an ‘01! You drink it you buy it. Caveat emptor pal.
Of course the customer must look at the label, but if both the waiter and the paying customer fail to notice the mistake, I don't think the customer should be held responsible. And I do think the restaurant should give the customer the benefit of the doubt. I would never claim to have ordered the cheap if I ordered the expensive. I know plenty of people might, but I never would. If I were treated as if I did, the restaurant would lose a customer, and get a load of bad word-of-mouth from me.
If a restaurant finds too many customers (or a certain customer, too many times) seem to benefit from the the ordered-cheap/got-expensive "mistake", as far as I'm concerned, they need to address it with their waitstaff. The waiter can start making a production of ensuring he knows which bottle is ordered at the time.