Spain is one of Europe's most popular holiday destinations and one of the countries with the highest number of restaurants. Although Spanish legislation provides a high level of consumer protection, tourists as well as residents can sometimes face unfair charges simply because they are unaware of their consumer rights when eating or drinking in bars and restaurants.

Basic consumer rights:

1. Final prices should always be clearly displayed.

No menu:

You are not provided with a menu and, when asking for the bill, you discover that the food and drinks you consumed are considerably more expensive than in other comparable establishments. If these high prices were not clearly displayed when you placed your order (menu, price list) and subsequently exceed the usual average local price without any apparent reason, you may refuse to pay the additional charge.

Menu without drink prices:

The same principle applies. If the prices subsequently charged exceed the usual average local price, you may refuse to pay the additional charge.

VAT (IVA) not included:

The prices shown on the menu should always be final prices. Statements such as “VAT not included (IVA no incluido)” or “VAT will be added to all our dishes” are illegal, and you may refuse to pay the surcharge added to the menu price. The same applies to additional charges for the use of a terrace, etc. if these are not included or clearly indicated in the prices shown on the menu.

Market price:

Especially in coastal areas, menus often include the expression “según el precio del mercado”, meaning “according to the market price”. If the final price is not directly ascertainable, this practice is also not permitted. If the price of a dish is calculated according to its weight (e.g. fish), you may request information about the exact weight beforehand.

You are charged for bread (“pan”):

If bread is served with your meal and its price is not listed on the menu, you may refuse to pay for it. The same applies to any other food or drinks that are served without having been expressly ordered.

Foreigners are charged more:

If the same products cost more on the English- or German-language menu than on the Spanish menu, this is not only illegal but may, under certain circumstances, also constitute discrimination.

2. Services included in the price should not be charged separately:

You are charged for cutlery, the tablecloth or the table.

If these are services or items necessary for eating or drinking, it is not permitted to charge for them separately.

You are charged for using the toilet or for toilet paper.

The use of the toilets is included in the service.

What can you do? Your options

1. Official complaint form (hoja de reclamación):

To protect consumers against these types of abusive practices, most Spanish Autonomous Communities provide an administrative complaints procedure using what is known as a “hoja de reclamación” (official complaint form). When requested, businesses and service providers required to have these forms available must provide one to the consumer.

Once the circumstances have been recorded on the complaint form by both the consumer and the business, the form is signed by the business, which generally has 10 days to provide you with a written proposal for resolving the matter.

Although the competent authorities are normally only informed if the consumer submits the complaint to the relevant authority of the corresponding Autonomous Community after the applicable period has expired, in many cases simply asking for the official complaint form is sufficient. Businesses often prefer to avoid a formal complaint and may therefore address your concerns directly.

If the business refuses to provide you with an official complaint form despite your express request, this may constitute an administrative offence and can be reported to the local police (Policía Local).

You can find an example of an official complaint form here: -Link-.

2. Price list (lista de precios)

If you suspect that you are being charged more, for example because the waiter assumes that you are a tourist, it is advisable to request the official price list (lista de precios). If the establishment refuses to provide it, the same considerations apply as in the case of the official complaint form.

Our law firm will be pleased to assist you in analysing your individual situation. If you are interested in our services or have any specific questions regarding this subject, please feel free to contact us by email or telephone.

Author:

Christoph Sander
Lawyer and Tax Advisor
CEO, Partner, Director
info@sspartners.es
Tel: (+34) 951 12 13 06
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