Find out what fees may be charged in bars and restaurants

Even those who regularly go out to restaurants, bars and parties may have doubts about whether or not charging common fees in everyday life is in accordance with consumer rights.

One such example is the so-called corkage fee, the amount stipulated so that a customer can take their own wine to an establishment.

Folha spoke to experts to clarify situations like this in accordance with the provisions of the CDC (Consumer Protection Code) and state and municipal legislation.

Regiane Campos, from Procon-SP, Alexander Coelho, a lawyer specializing in digital law and data protection, Stefano Ribeiro Ferri, a specialist in consumer law, and Vitor Morais, a professor at PUC-SP and a specialist in consumer law, were heard.

Next, understand which practices are and are not permitted.

Service fee collection

The fee is not mandatory and, according to Procon-SP, the optional nature of the suggested service amount must be informed before payment. This can be done in writing on the menu, on the bill or on posters in the restaurant.

Minimum consumption

Common at parties and bars with live music, charging is illegal if it is the only option offered by the establishment for the customer to enter. It is permitted, however, if in addition to the consumable value option, the venue also offers another alternative, such as charging a single entrance fee. “For example, if there is a R$50 entrance fee, it is permitted to offer the option of paying R$100 converted into consumption,” says Regiane Campos.

Artistic cover

It may be charged if there is a live performance at the establishment. The collection must be announced to the customer in detail, on signs posted around the establishment and on the menu, explaining whether the amount charged is per person or per table.

The waiter’s warning is not mandatory, but it is welcome. “Ideally, these forms of communication should be agreed upon. If not notified, the customer may refuse to pay and file a written complaint,” explains Stefano Ribeiro.

If the situation is not resolved amicably, the customer can contact the police, Procon or go to court.

For Vitor Morais, from PUC, there is room for flexibility if the client arrives before the music starts.

Loss of command

Controlling the items consumed is the establishment’s obligation. Therefore, if the order is lost, charging a fee may be considered an abusive practice, says Regiane Campos, from Procon-SP.

Lawyer Stefano Ribeiro also considers the practice to be irregular, whether in restaurants, bars or parties.

According to Vitor Morais, from PUC-SP, charging a fee for loss may be acceptable “in cases where the amount is used to replace the lost card or to cover operational costs,” he says. “But as long as the amounts are reasonable, appropriate to the cost of the damage to the location,” he continues.

If the establishment insists on imposing a fine, the customer should document the situation, requesting an invoice or receipt explaining the reason for the charge. Taking videos and photos, as well as noting down the names of those responsible and witnesses who witnessed the incident, can also help later.

Corkage fee

It is possible to bring your own bottle of wine to be consumed in a restaurant, but the establishment has the right to charge an extra amount for this, according to an understanding of Procon-SP.

This information must be displayed on the outside of the establishment and, preferably, also on table menus or internal posters, according to the agency.

Half portion price

Restaurants and bars cannot prohibit customers from sharing a dish with another person at the table, explains Regiane Campos.

However, it is possible to charge for the portion split, if done in the kitchen, as long as the additional amount is on the menu. There is also the possibility of selling the half-portion on the menu, with no extra charge on the bill. “It is important to remember, however, that no place is obliged to offer the half-portion,” he says.

Use of personal data to control consumption

To control consumption at home, Procon-SP suggests that each location have an internal system, including the use of the customer’s CPF or cell phone number. However, there may be concerns that this information will be shared. According to Alexander Coelho, partner at Godke Advogados, the collection of this information is not prohibited, but it must be justified for a legitimate and necessary purpose.

Therefore, if the establishment wants to send subsequent promotions, it must first have the customer’s approval.

Furthermore, the establishment must ensure the security of collection and storage. If the consumer starts receiving messages with advertisements that are not related to the authorized purpose, he/she can report the establishment to the National Data Protection Authority.

Pizza price charged for the most expensive flavor

There is no unanimity on the subject. In São Paulo, Procon understands that if the information is clearly explained by the place, with notices on the menus, it is allowed to charge the higher price. However, for some experts, this may constitute abusive practice, as provided for in the Consumer Protection Code.

HOW TO REPORT A COMPLAINT

Procon

Protests must be filed on the Procon website. After registering, the consumer must choose between filing a complaint or reporting the case. The former requires an individual response from the accused company within 10 days.

The other option is for users to do so when they want the establishment in question to be inspected. In these cases, there is no deadline for a response, as the complaint is included in the agency’s inspection processes.

National Data Protection Authority

In case of suspected data breach, the complaint can be registered on the ANPD channel.