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"Unlawful surcharge in dining establishment sparks annoyance and discontent"

Can companies charge extra fees when processing card payments above a certain threshold?

Unlawful Additional Cost Triggers Customer Outrage and Dissatisfaction at a Local Eatery
Unlawful Additional Cost Triggers Customer Outrage and Dissatisfaction at a Local Eatery

"Unlawful surcharge in dining establishment sparks annoyance and discontent"

In a move aimed at protecting consumers and promoting fairness, Directive 2015/2366 (PSD2) of the European Parliament and Council has made it illegal for merchants, including restaurants across Europe, to charge additional fees for card payments. This rule, established to prevent surcharging, is a well-established principle of PSD2 and is reflected in the European Banking Authority and national regulations implementing PSD2 within EU countries.

Under PSD2, merchants are prohibited from imposing extra costs on consumers for using specific payment instruments such as credit or debit cards. The Directive restricts merchants from applying surcharges above the cost borne for the payment service itself, effectively banning additional fees for card payments. This regulation is designed to create a fairer and more transparent payment market across the EU member states.

A recent post on Reddit's "butPleaseLaminate" subreddit drew attention to a notice in an inn announcing a 2.00 € processing fee for card payments. The validity of the notice was humorously assumed to require lamination, and many Reddit users expressed outrage about the charging of a fee for card payments. Some users speculated that the inn's operator does not want to bear the fees associated with card payments, while others suspected the inn's approach could be a form of tax evasion.

It is unclear whether the inn has received any backlash or complaints about the processing fee, or whether the fee applies to all card payments or only certain types. The inn uses a Sumup payment app, which charges fees of 1.39% for debit and credit card transactions. One Reddit user suggested reporting the practice to credit card operators, while another suggested contacting the trade supervisory authority.

It is important to note that consumers are protected from hidden and inflated costs under this regulation, which applies throughout Europe. The regulation does not specify whether the inn's processing fee applies to all card payments or only certain types. However, it is clear that restaurants in Europe cannot legally charge additional fees specifically for card payments under Directive 2015/2366.

In summary, PSD2 aims to create a fairer and more transparent payment market by prohibiting merchants from charging additional fees for card payments. This regulation applies to all merchants, including restaurants, across Europe. Consumers are protected from hidden and inflated costs under this regulation, and any additional fees for card payments may be illegal. If you encounter such a practice, it may be worth reporting it to the appropriate authorities.

  1. Despite the additional processing fee for card payments announced at the inn, restaurants in Europe cannot legally charge extra fees specifically for card payments according to Directive 2015/2366.
  2. The European Banking Authority regulates the payment market to ensure fairness and transparency, restricting merchants from applying surcharges above the cost borne for card payment services, as part of the PSD2 finance policy, which impacts lifestyle choices such as dining out.

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