Surprise charges are prohibited by law, said Charles Tanguay, spokesperson for the Office de la protection du consommateur.
This applies to all the prices announced, whether they come from an advertisement, a poster, a circular, a website or a verbal agreement
, he explains.
Despite the special arrangements and costly sanitary measures to be complied with, the situation cannot be used as a pretext for concealing additional costs. In short, the customer should not be attracted by prices which do not reflect reality.
It should not happen on the bill after the meal
, warns Mr. Tanguay. These additional costs related to sanitary measures should be known by the customer very clearly before sitting at the table.
The merchant could, for example, add a poster at the entrance or ask the waiter to warn customers when they arrive. You have to be able to change your mind if you don’t like these fees,
he says.
The consumer still needs to be clearly informed. The spokesperson for the Consumer Protection Office questions a simple display on the menu, without any other form of warning. Additional costs that are too discreetly displayed could easily escape the attention of the consumer, like the conditions in small print in contracts.
Transparency should really be there.
In summary, restaurants may charge COVID fees, provided they clearly inform the customer.
The client must also have given his consent to these fees for them to be payable, adds Michelle Cumyn, full professor at the Faculty of Law of Laval University.
The Consumer Protection Office has also published a guide on its website to clarify certain questions about the price of goods and services in the context of a pandemic.
Faced with an exaggeratedly inflated price, you should first ask yourself if the good or service is essential to you. If not, the solution may be to not buy it
, can we read.
We understand that the traders have additional costs, but they must not sneak them in by surprise.
What recourse in the event of surprise costs?
In the case of surprise costs – therefore illegal -, the customer can simply refuse to pay them, says the Office of Consumer Protection. He can also file a complaint with the Office.
If you have paid such a fee, you are entitled to request a refund. In the absence of an agreement with the merchant, you could take legal action against the latter and request reimbursement of costs, damages and punitive damages.
A more commercial adaptation strategy
An adaptation strategy with gradual price increases would be more profitable than a price shock
, recommends François Meunier, vice-president for public and governmental affairs of the Association Restauration Québec (ARQ).
Any change must get consumer approval, and adding a tax is clearly not welcomed
, he points out.
With the economic crisis and the absence of tourists, the catering sector is more in a seductive mode than driving customers away
.
The ARQ will remind its members of the provisions of the law, and invite restaurateurs to be careful
on the issue of hidden COVID fees.
On the other hand, professionals subject to an order (dentists, optometrists, psychologists …) are not subject to the Consumer Protection Act.
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