Is it legal for bars and restaurants to impose a cover charge in Spain?

The well-known Spanish influencer Cocituber was recently at the centre of a controversy after complaining that a restaurant had charged him for cutlery and table service, which included bread. “I’m not going to name the restaurant, but this is old-school and rarely done nowadays. It’s illegal to charge for service, and for cutlery too, and if you serve ‘picos’ (bread sticks) or bread, you have to inform the customer or clearly indicate it if you’re going to charge,” the influencer said, after the restaurant owner claimed that he had offered the influencer water, coffee and a slice of cake on the house.

Was Cocituber right? According to the Junta de Andalucía regional government in the south of Spain, yes. The establishment can include the service of bread and similar items only if the customer has been previously informed, in a clear and visible way, and it is included in the price list. Otherwise, it is not legal.

Another issue is the charging of an extra amount for table service or cutlery. The directorate-general for consumer affairs of the regional government pointed out that it is illegal, as “prices must be all-inclusive” and that this service is not an extra because it “is implicit or included within the restaurant service being requested by the customer. Therefore, it is not legal to charge for it”.

Can the bill be higher if you eat on the terrace? As in the case of bread or picos, it would be legal as long as it is specified in the menu or price list, as well as in any kind of advertising. In addition, consumer affairs said that the terrace service cannot be fixed on a percentage basis, but that the final price to be charged for the service must be indicated.

Special care must be taken with off-menu products. Restaurants and beach bars regularly offer customers dishes that do not form part of their usual menu. Consumer affairs stressed that the price of these products should also be specified "in advance, clearly and visibly". This will avoid surprises when paying the bill.

And if among these products or among the usual products of the restaurant there is charcuterie, cheese or other similar products that can be cut from a main piece, the prices shall be specified to the public by weight units. If the products are molluscs or crustaceans, it will be done either by weight or by units, in the latter case showing their number. What is "expressly forbidden", according to consumer affairs, is to use the expression "price according to market".