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ARCHIVED - Almeria restaurant ordered to refund group of diners 7 euro bread fee
El Homenaje Bar & Grill in the Andalucian province was taken to court for charging for bread that wasn't requested and didn't appear on the menu
In a bizarre case that has made it to a courtroom in Valladolid, a restaurant in Almeria has been ordered to refund a group of diners who were charged a total of seven euros for bread that didn't appear on the menu, and wasn't ordered or eaten.
It turns out, one of the disgruntled diners who filed the lawsuit is a lawyer called Pablo Gerbolés, a member of the FACUA-Consumers in Action Castilla y León legal team.
In August 2021, he and six friends visited El Homenaje Bar & Grill, owned by the Restauración Gavilán Ruiz company and located in the Plaza Vicaria Andrés Pérez Molina, Almeria.
When they asked for the bill, which came to 236.20 euros, the diners noticed that 7 euros (one euro per person) had been added for bread. They checked the online menu via a QR code and there was no mention of any bread charge.
On his return to Valladolid, the lawyer initiated complaint proceedings against the restaurant through FACUA Castilla y León.
In September, the association sent a letter to El Homenaje Bar & Grill requesting a seven euro refund, stating that "in addition to not appearing on the menu, the bread was not ordered or consumed".
Article 60.2 of the General Law for the Defence of Consumers and Users establishes that businesses are obliged to inform customers of the "full final price, breaking down, where appropriate, the amount of the increases or discounts that are applicable, of the costs that are passed on to the consumer and user, and of the additional costs for ancillary services".
The restaurant failed to comply with the law and didn't respond to FACUA's letter, so the association took the eaterie to court.
El Homenaje Bar & Grill management failed to appear in court on November 28, or respond to an earlier summons, and in their absence, Judge Fernando Martín Verona ordered the restaurant to reimburse the seven euros, plus legal interest.
Image: FACUA
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