Several common practices in Spanish restaurants have been revealed as illegal by the Organisation of Consumers and Users (OCU). These practices are more widespread than many consumers realise.
Charging for ice and tap water
Have you ever been charged extra for the ice in your drink or surprised by a charge for tap water on your bill? According to the OCU, these practices are completely illegal. If you have encountered such charges, you are entitled to contest them. Restaurants should always offer tap water for free.
QR code-only menus
Since the COVID-19 pandemic, many restaurants have moved to digital menus accessible only through QR codes. However, the OCU points out that this is no longer permissible. Restaurants are required by law to provide a physical menu or at least a clearly visible list of prices within the establishment.
Payment methods
Another common issue is the restriction of payment options. Restaurants must accept cash payments, and if they refuse payment by card or impose a minimum amount for card transactions, this must be clearly indicated to customers. Any lack of transparency in this regard is also illegal.
VAT inclusion
The OCU also highlights the illegality of listing prices without including VAT. Many restaurants display menus with a note stating “VAT not included,” but this practice is against the law. The prices shown to consumers must always reflect the total cost, including VAT.
Tipping
In Spain, tipping remains entirely voluntary. Restaurants cannot require customers to leave a tip, though they are allowed to suggest it.
Service charges
In certain regions of Spain, it is also illegal to charge for ‘service’ or a ‘cover’ unless this is clearly stated in the price list. This includes items like the ice in your coffee. If a restaurant intends to charge extra for such items, this must be clearly specified in the menu.