While restaurants in key parts of Mallorca and across the Balearics suffer from a drop in takings this summer, the Spanish Organisation of Consumers and Users (OCU) is urging diners to understand their rights whilst holidaying in Spain. For example, you call to make a reservation and they ask you for money in advance, or they tell you that they don’t accept groups or, conversely, that they don’t take reservations for just one person or even that everyone has to order the same menu - these are some of the conditions that bars and restaurants now demand. But is it legal for them to impose these requirements?
According to the OCU getting a table at a good restaurant or trendy venue is becoming impossible, and many establishments are applying rules that are quite questionable or annoying for their customers. However, you should know that, in general, establishments are free to set the conditions under which they will provide their services, provided that they do not violate fundamental rights (e.g., discrimination based on race, sex or religion) and that they are not specifically prohibited by any regulations. Of course, they must inform users clearly and in advance so that they do not encounter any surprises.
10 things they can’t do
Refusing to give you a physical menu
The use of QR codes to display menus has become widespread, especially since the pandemic, reducing contact with surfaces. Although this is a convenient way to view the menu, it presents accessibility issues, especially for older people with limited digital skills. It also requires consumers to have a smartphone. Bars and restaurants must have physical menus or price lists visible in their establishments, otherwise they may be subject to penalties for lack of information. It is not legal.
Having prices without VAT on the menu
Some establishments display menu prices without including VAT. Many consumers find their bill 10% higher than expected because of VAT. Current legislation states that the warning ‘VAT not included’ is not permitted: prices on the menu or price list must already include VAT: this is an illegal practice.
Not providing market price references
Failing to provide a reference for ‘market prices’ (such as a price per kilo) is also a reportable abuse, as is failing to inform customers of the price of a product not on the menu. If they do not do so, in our opinion they should charge a price similar to that of an equivalent product on the menu.
Refusing to accept cash
Not accepting cash payments is illegal, as you cannot prevent payment by this means, which is legal tender. You can refuse to accept card payments or require a minimum amount for using a card. This is legal, but you must clearly state this in your establishment so that you are aware of this before consuming.
Charging for service or cover
It is not legal to charge a supplement for “cover” or “service”, unless there is a specific regional regulation that allows it, although this must always be clearly stated in a visible place. Despite this not being legal, many establishments add an extra charge for services provided to the bill, to the surprise of customers. The law is clear: the service must already be included in the price.
Charging for tap water
According to the Waste Law, bars and restaurants are obliged to offer free tap water to customers who request it. However, there are still cases of establishments that make it difficult for those who ask for it or try to charge for it. Tap water cannot be charged for either: it must be provided free of charge if requested by the customer, even if it does not taste good.
Forcing you to leave a tip
The decision to leave a tip is voluntary. In Spain, it is not necessary to leave a tip in bars and restaurants and there is no rule that obliges customers to do so. They may inform you of the possibility of leaving a tip, but nowadays they cannot force you to pay it.
Charging a supplement for eating at a table or on the terrace
When the weather is good, it is common to enjoy drinks on the terraces of many bars. This type of consumption may involve an extra cost and is legal as long as the amount is indicated in advance, on the menu and in the establishment. In addition, the concept must be reflected on the bill, and the same applies to drinks consumed at a table rather than at the bar. It is legal.
Charging extra for making a reservation
It is increasingly common, especially in restaurants that are in high demand, to be asked for an advance payment to reserve a table, or even a percentage of the cost of the menu. It is legal to ask for an advance payment for a reservation, but this must then be deducted from the total bill and can never be a supplement. They cannot charge extra for making a reservation. Charging you a ‘surcharge’ simply for making a reservation is illegal. However, if you do not show up on the date set, they can retain the amount you paid in advance, which may be a significant amount. In principle, this is legal, although the damage caused to the establishment must be demonstrable.
Not providing a detailed receipt
It is also against the rules for the receipt or invoice to not detail each of the items consumed.
Bad practices that are legal
These are often limitations or restrictions on the use of certain services... something that may not be illegal, but is excessive and does not reflect good customer service.
Refusing single-person reservations
Some restaurants do not allow single-person reservations on their websites. The drop-down menu for indicating the number of diners starts at two people. Can they do this? Is it legal? It is true that the establishment can set the conditions for the service it provides - therefore, it would not be illegal, unless it was discriminatory. However, we consider it abusive and somewhat unfair. Why should a single person not be able to enjoy such highly praised food? It is legal, but unfair.
Forcing you to buy something to use the toilets
The answer is complex, as regional regulations on bars do not address this issue. The possibility is usually left open to the internal regulations of the establishments, if they have them, so that they can decide whether to allow access or not, or to charge a certain amount for using them. The regional regulations of Castile and León do take a stand and state the right of establishments to deny access to the toilets to those who are not customers.
That said, even if you are a customer, can they charge you extra for using the toilets? Again, the regulations are unclear, but it is understood that it is a mandatory service that establishments must offer free of charge to their customers. In fact, in order to obtain a licence, they must comply with municipal regulations regarding the characteristics that toilets must have and how many there must be according to the capacity of the premises. It’s confusing.
Asking for a deposit to make a reservation
It is increasingly common, especially in restaurants with high demand, to be asked for an advance payment to reserve a table, even a certain percentage of the cost of the menu. In reality, it is legal to ask for an advance payment for a reservation, but it must then be deducted from the total bill; it can never be a supplement.
If you do not show up on the agreed date, they can keep the amount you paid in advance. In some cases, this means losing a large amount of money. The law does not rule on the legality of this, although the damage caused to the establishment should be demonstrable. It is legal.
Limiting time
Sometimes, once the booking has been made, you receive a confirmation message with the tagline ‘You can occupy the table for 1 hour 30 minutes’ or similar. Or in other places, depending on the time, they require a minimum ‘additional’ consumption. The truth is that if they expressly state this, they can do so. They are within their rights, it is legal (but they should always warn you before you make the booking).
Charging you for (almost) everything
Charging you for bread, ice or milk in your coffee is legal, as long as it is indicated on the price list. Although in our opinion charging for ice is an abusive practice, the law allows it: if an establishment wants to do so, it must indicate on the menu or price list the cost of the drink with and without ice.
As for items not on the menu, they should tell you the price when they offer them to you. If it is very high, you could refuse to pay and demand that they charge you the same as for a similar dish on the menu.
Find out what they charge you for that they shouldn’t
Forcing a customer to pay for everyone
More and more places now include the amount each customer should pay on the bill, but sometimes, when there are several diners, the establishment refuses to charge each person separately. The truth is that if they made a joint reservation, they can demand that a single person pay the entire bill and that the group then ‘sort it out’ among themselves.
Defend your rights with OCU
If you encounter any of these bad practices, take note and don’t return to the place where you were treated badly... but if they try to make you accept something illegal, something that is not permitted by law, you don’t have to accept it. Assert your rights. Bars and restaurants must have complaint forms available for customers. Ask for a complaint form and make a record of your complaint, politely and giving your reasons. This complaint will initiate an administrative procedure that may culminate in an inspection of the premises and its conditions, but it will not compensate you for the damage caused.
In any case, keep evidence of the problem (photos, price list, etc.), as well as the receipt or invoice, without which you will not be able to make a claim. And always remember that at OCU we are here to help you defend your interests.