In Spain, the State (Ministry of Industry, Trade and Tourism) and the Autonomous Communities (Registry of Tourism) are responsible for the general regulations for restaurants, cafés and bars. The respective townhalls monitor the compliance with urban regulations, building, hygienic and sanitary conditions, etc. as well as the outside areas, i.e. terraces.
What must a restaurant or bar clearly show?
Restaurants and bars must clearly show the following signs:
- the opening times and, if applicable, the opening times of kitchen and diner,
- the allowed forum,
- the existence of complaint sheets (“Libro de Hojas de Quejas y Reclamaciones”),
- that the consumption and sale of alcoholic beverages to minors is prohibited,
- that it is prohibited to dispense tobacco to minors,
- that it is prohibited to smoke inside the restaurant or bar,
- the restaurant’s licence number and
- if so, that payments by credit card are accepted and of which company.
Prices
Restaurants must clearly show their prices in the interior and outside; bars only must show the prices inside their premises. Prices always must be complete prices: By law, they must include the VAT and other possible cost for the consumer!
When there are different prices depending on where the meal or the beverage is taken (inside the restaurant, on the terrace, at a table or at the bar), it must be clearly indicated in the price list.
If the restaurant offers pieces at prices by weight (for example a whole fish), the client must be informed about the exact price of the whole piece, not only an approximate price or just the price per kilo. Prices ‘according to the market’ (“S.M.” or “S.P.M.”) are not allowed.
Invoice or ticket
Prices on the invoice or ticket must be the same as indicated in the price lists or possible price boards or displays.
All restaurants are obliged to give an invoice with all necessary data, i.e. NIF of the restaurant, the prices, date, consumed products etc.). Cafés must only give a proof of the price and products consumed.
Price list
The price list must be written in Spanish, however, depending on the category of the restaurant and/or its location (tourist region, for example) also in English and French. The price list must include allergen information for every meal offered (EU-Regulation No 1169/2011).
The price list must be shown to the client before offering a service. It is not allowed to offer daily dishes by reciting the waiter a list of dishes at the table without mentioning a price.
If the waiter offers bread or an aperitif, which the client did not ordered nor has been informed of its price before, the client can request that it is withdrawn and not charged. Every extra must be specified in the price list, if the restaurant wants to charge it.
Possible complaints
Basically, the client and the restaurant conclude a contract – the client pays for something which the restaurant shall provide him.
If the meal is not eatable, i.e. it is too much salted, burned or too spicy), the client can ask for its removal and the plate to be changed.
If the client wants to pay with credit card, but the restaurant cannot charge because the credit card machine has broken, the client cannot be forced to stray around to find a bank that gives him cash money. The restaurant, on the contrary, must accept a bank transfer or that the client comes another day to pay. The restaurant must show at the entrance door that they accept credit card payments and they must inform by another sign when such payments are not possible, so that the client is informed in advance.
If something happens to the client during the stay in the restaurant (the waiter stains the clothes with wine, for example, or the client gets hurt), the restaurant is responsible for the caused damages.
How to present a claim
For the client, it is important to have as much proofs as possible (photos, documents, witnesses etc., possible police and/or sanitary assistance) to substantiate the complaint.
The first step will be to talk with the waiter about what is not correct. If the waiter refuses to make concessions, or cannot make any, the client should ask for the person who can make such a decision (the owner or manager of the restaurant, for example).
Furthermore, the client can present a claim to the Junta de Andalucía. Each restaurant or bar must have complaint sheets (“hojas de reclamación”) which he can ask for in case of non-fulfilment by the establishment. The complaint sheets are written in Spanish and English. The client fills it out and let it sign by the restaurant. The client and the restaurant keep their copies. The original must be sent by the client to or presented at the Dirección General de Turismo of the Junta de Andalucía together with all proofs, photos and documents he estimates convenient and helpful. The deadline is one month. The client will receive an acknowledgment of receipt from the authority within 15 working days. The authority will notify the restaurant which then has 10 working days to reply. If necessary, a procedure is initiated, and the client will be informed of the result of the procedure.
If the restaurant does not have such complaint forms, the client can call the police and complain in their presence.
The client can also complain additionally at a local consumer office (“Oficina Municipal de Información al Consumidor (OMIC)”) or at any consumer association, like OCU or FACUA.
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