The activity of bars and restaurants skyrockets during celebrations like Semana Santa, times when consumers flock to these establishments and make reservations. That’s why the General Directorate of Consumer Affairs of the Andalusian Government, under the Ministry of Health and Consumer Affairs, highlights some illegal practices in the restaurant services, which can be subject to complaints or reports to the Consumer Administration.
One of the most common issues is related to how consumers access the menu of food and drinks. Consumer Affairs reminds us that the prices of food and drinks, as well as the services offered, must be clearly displayed to the public through menus of food and drinks and/or price lists, other advertising methods like boards, chalkboards, or similar can be used, displaying the information in Spanish.
It is illegal for a bar or restaurant to offer the price list only through a QR code. Not everyone has a smartphone, necessary to read these codes and access the content, or the appropriate digital skills. The QR code should be considered as a supplementary way to consult the menu, board, chalkboard, or similar.
Another illegal practice in restaurants is refusing tap water when requested by a consumer. The bar or restaurant cannot force the purchase of bottled water. On the contrary, they must always offer the option of consuming non-bottled water for free, in addition to the establishment’s offerings.
Furthermore, the establishment cannot compel a consumer to leave a tip, nor exploit the illegal practice of charging for service to enforce a mandatory tip. Leaving a tip is a voluntary decision by the consumer.
Charging an extra amount for cover or service separately is an illegal practice. Prices should be all-inclusive, and in this case, it cannot be considered an additional service, but a service that is implicit or included in the restaurant service itself.
During busy times like Semana Santa, reservations in restaurants skyrocket. Consumer Affairs also emphasizes that when making a reservation at a restaurant, they cannot charge an additional fee for it, as it would be illegal. The establishment could ask for an upfront fee to formalize the reservation, an amount that would be deducted from the final bill.
Regarding payment methods, a restaurant or bar cannot refuse to accept cash payments or only allow credit card payments. Cash must be accepted in all cases, as long as it doesn’t exceed 1,000 euros, the legal limit.
Conversely, the establishment can reject or exclude credit card payments and only accept cash payments. However, they must inform consumers in advance and advertise this policy. They could also refuse credit card payments below a certain amount. This condition must also be communicated to consumers in advance.
On the Consumer Response website, there is a specific section about the illegal practices in restaurant services, where various examples or circumstances are discussed.