It used to be the custom in Andalucía (can’t speak for the rest of Spain) for one person to pick up the tab in a restaurant and rebuff any attempts to share the bill.

Things have changed, both because of the appearance of foreigners and because of a series of economic blows such as the 2008 Crash and Covid, so now restaurants see more people wanting to pay a division of the bill on their bankcard, which is a pain in the proverbial for waiters.

So, it is no surprise that many restaurants no long accept this kind of bill splitting over different bank cards. The policy can be summed up as, “One table; one bill.”

Of course, there is no problem with the diners all paying their part in cash, as long as the whole bill is covered in cash with no bank card being used.

There are no statistics available that show to what extent (percentage) of restaurants and bars now follow this strict payment method, but one thing is certain: the number is growing.

So that’s the tendency but just how legal is this imposed  obligation? What does the law say? Well, let’s start with Facua, which is a nationwide, citizen’s-rights organisation. Its Spokesman, Rubén Sánchez, points out that Spanish legislation does not establish, or better said, even contemplate, a specific obligation imposed on eating establishments concerning payment methods.

Sánchez explained, “Actually there is nothing on this. If at the door there is a notice saying that they accept bank cards, then they cannot refuse diners from paying by card according to the law, but whether they can split it using cards, is not mentioned,” adding, “This means that unless the business previously said that it was OK, then diners can’t insist upon paying separately.”

The Spokesman for another citizens’ rights organisation (Organización de Consumidores y Usuarios or OCU), Enrique García, agrees with Facua in that there is no law that deals with this specifically. He does point out that it would logical for the establishment to make it known to its diners that they cannot split the bill before they order their food.

Now, there is a twist to the story because some restaurants, bars and mesons, have begun levelling a surcharge if diners wish to split the bill using bank cards. The justification is that this surcharge covers an extra card-reader cost (TPV).

Is this legal? Well, the contractual relations between a service provider and customer are not restricted, as long as the client is informed beforehand because there is no law against these surcharges. The client is free to accept the surcharge and continue or refuse and leave.

On the other hand, if the client (diner) is not informed beforehand and only discovers the existence of this surcharge, then they can refuse to pay the extra on top. They can also demand the official complaints book and register their complaint.

(News: Andalucia)

Keywords: Car Payment, Bill Splitting, Cash, Restaurant, Prior Notice, Facua, OCU

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