Costa del Sol coffee shop on the rocks for failing to include extra charge for ice on menu

The Cordoba branch of the Facua consumers' association in Spain has reported El Jardín Secreto Gourmand SL - the company that manages the Desiderio café in Malaga - to the Junta de Andalucía's regional ministry of health and consumer affairs for not including in the menu that it charges an additional amount when a customer asks for a glass of ice.

The association received complaints from several of its members from Cordoba who went to the establishment located in the Plaza Mayor shopping centre this summer. They were charged an additional 0.10 euros per glass of ice, which customers in Spain often ask for to cool their coffee. The extra fee, however, was not reflected in the price list (neither on paper nor online) or advertised anywhere.

Facua argues that by not informing of the extra cost, the establishment prevents customers from giving proper consent to the charge or from refusing the service.

According to Facua, article 60 of royal legislative decree 1/2007 of 16 November establishes that "before the consumer and user is bound by a contract and the corresponding offer, the entrepreneur must provide them with relevant, truthful and sufficient information on the main characteristics of the contract in a clear, comprehensible and accessible manner".

Furthermore, the regulation makes it clear that "all information to the consumer and user on the price of goods or services, including advertising, shall include information on the total price, itemising, where appropriate, the amount of any applicable increases or discounts, the charges passed on to the consumer and user and any additional charges for ancillary services, financing, use of different means of payment or other similar payment conditions".

In addition, the consumer must give their consent "to any payment in addition to the remuneration agreed for the trader's main contractual obligation". Anything "not individually negotiated and all practices not expressly consented to (...) shall be considered unfair terms".

Facua Cordoba considers that the Desiderio café in Malaga introduces an abusive clause by not informing that it charges an additional amount when a glass of ice is ordered.

For all these reasons, the association has asked the regional ministry of health and consumer affairs to carry out the appropriate inspections and to consider the opening of a disciplinary case against El Jardín Secreto Gourmand SL for violating the rights of consumers.