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Even those who usually go out to restaurants, bars and parties may have doubts whether common fees are being charged on a daily basis in accordance with consumer rights or not.
One of these examples is the so-called corkage fee, the amount the customer is ordered to bring their own of wine to an establishment.
Folha spoke with experts to clarify situations like this according to CDC (Consumer Protection Code) decisions and state and city legislation.
Regiane Campos, from Procon-SP, Alexander Coelho, lawyer specializing in digital law and data protection, Stefano Ribeiro Ferri, specialist in consumer rightsand Vitor Morais, professor at PUC-SP and specialist in consumer law.
Next, understand which practices are and aren’t allowed.
Collection of service fees
The fee is not mandatory and, according to Procon-SP, the discretionary nature of the proposed value of the service must be communicated prior to payment. This can be done in writing on the menu, the bill or on posters in the house.
Minimal consumption
Common at parties and bars with live music, charging is illegal if the establishment offers the only possibility for customer entry. However, it is allowed if, in addition to the consumable value option, the venue also has another option, such as a single entry fee. “For example, if there is a fee of R$50 for entry, it is allowed to offer the possibility of paying R$100 converted into consumption”, says Regiane Campos.
Cover Art
It may be charged if the establishment has a live performance. The collection must be announced in detail to the customer, on signs posted around the house and on the menu, explaining whether the amount is charged per person or per table.
The warning given by the server is not mandatory, but it is welcome. “Ideally, these forms of communication should be combined. If they are not communicated, the customer can refuse to pay and file a complaint in writing”, explains Stefano Ribeiro.
If the situation is not resolved amicably, the client can appeal to the police, Procon or go to court.
For Vitor Morais, from PUC, there can be flexibility if the customer arrives before the music starts.
Loss of command
It is the responsibility of the establishment to control the items used. Therefore, if the order is lost, charging a fee can be considered an abusive practice, says Regiane Campos, from Procon-SP.
The lawyer Stefano Ribeiro also considers that the practice is irregular whether in restaurants, bars or parties.
According to Vitor Morais, from PUC-SP, the fee for loss may be acceptable “in cases where the amount is used to replace the lost card or operational costs”, he says. “But as long as they are reasonable values, suitable for the cost of the damage to the site”, he continues.
If the house claims the fine, the customer must document the situation, asking for an invoice or receipt that explains the reason for the charge. Taking videos and photos can also help later, as well as writing down the names of the people responsible and the witnesses who saw what happened.
Black Cork Fee
You can bring your own bottle of wine to spend in a restaurant, but the establishment has the right to charge an extra amount for this, according to Procon-SP’s understanding.
This information must be posted on the outside of the establishment and, preferably, on board menus or internal posters as well, according to the agency.
Half price
Restaurants and bars cannot prevent customers from sharing a dish with another person at the table, explains Regiane Campos.
However, it is possible to charge for sharing portions, if done in the kitchen, as long as the extra amount is on the menu. There is also the possibility to sell half portions on the menu, without extras when paying the bill. “It’s important to remember, though, that nowhere is obligated to offer halves,” he says.
Use of personal data to control consumption
To control consumption at home, Procon-SP recommends that each location has an internal system, including the use of the customer’s CPF or mobile phone number. However, there may be a fear that this information will be shared. According to Alexander Coelho, partner at Godke Advogados, the collection of this information is not prohibited, but it is necessary to be justified for a legitimate and necessary purpose.
Therefore, if the establishment wants to launch a subsequent promotion, it must first have the customer’s approval.
In addition, the house must guarantee the safety of collection and storage. If the consumer starts receiving messages with advertisements that do not relate to the authorized purpose, they can report the establishment to the National Data Protection Authority.
The value of pizza charged for the most expensive taste
There is no will on the matter. I São PauloProcon understands that if the information is clearly explained at the site, with warnings on the menus, It is permissible to charge the most expensive amount. But, for some experts, it could be an abusive practice, as provided in the Consumer Protection Code.
HOW TO MAKE A REPORT
Procon
Objections must be made to location from Procon. After registration, the consumer must choose between complaining or reporting. The former requires an individual return from the accused company within 10 days.
The user can do the other when they want the establishment in question to be inspected. In these cases, there is no deadline to respond, as the complaint is part of the agency’s audit process.
National Data Protection Authority
In the event of a suspected data breach, the complaint can be registered at ANPD channel.
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