Paying by card: what a restaurant must do
An establishment is not obliged to accept card payment, but it must inform customers of the accepted payment methods before they consume, and it may not apply any surcharge for paying with consumer cards covered by European rules.
gelisted editorial team · Updated 15 August 2026
The short version
- A surcharge for paying by consumer card is prohibited.
- The general cash limit with a business is 1,000 €.
- Accepted payment methods must be displayed before consumption.
- Cash is legal tender but informed exceptions are permitted.
Discovering at the till that only cash is taken, with no machine nearby, is an avoidable situation: the information was supposed to be visible before you sat down.
What the venue may decide
Which payment methods it accepts. It may work with cash only, cards only, or both. What it may not do is conceal that choice: information about accepted methods forms part of what must be provided to the consumer before contracting, and in hospitality that means before consuming. A sign at the entrance or a note on the menu satisfies the obligation.
| Practice | Permitted | Detail |
|---|---|---|
| Cash only | yes | must be disclosed beforehand |
| Card only | yes | must be disclosed beforehand |
| Surcharge for card payment | no | prohibited on consumer cards |
| Minimum spend for card | debatable | must be displayed |
| Cash payment of 1,000 € or more | no | general legal limit |
| Refusing a receipt | no | must be issued |
| Rounding the bill up | no | the invoiced amount applies |
The surcharge is prohibited
European payment services rules prohibit additional charges for using payment instruments subject to the interchange fee regulation, which covers consumer debit and credit cards issued within the European area. Adding 2 or 3 per cent for paying by card is therefore an incorrect practice, and that amount is recoverable.
Minimum spend
Requiring a minimum of 10 € or 15 € before accepting a card is widespread and legally debatable, since it operates as an undisclosed condition that makes payment more expensive. Where it exists it must be displayed as visibly as the prices themselves. Discovering it when paying for a 3 € coffee is precisely the situation the information obligation is meant to prevent.
In tourist areas, checking the payment methods sign before sitting down saves the walk to the nearest cash machine, which in small villages can be 2 kilometres away.
The cash limit
Transactions involving a business or professional may not be paid in cash where the amount reaches 1,000 €. That affects banquets, celebrations and group bookings, where the bill passes that figure easily: above it, payment must be made by means other than cash. The restriction binds both the payer and the recipient.
The establishment's own arithmetic has figures too: the commission it pays on a card transaction runs 0,3 to 1,2 per cent of the amount, which is 6 to 24 cents on a 20 € bill. Passing that on as a 2 or 3 per cent surcharge charges 3 to 10 times the real cost, which is exactly what the rules prohibit.
Frequently asked
+Must a restaurant accept cards?
No, but it must inform customers of the accepted payment methods before they consume.
+Can they charge extra for card payment?
No. European rules prohibit surcharges on consumer cards issued within the European area.
+Is a minimum spend lawful?
It is debatable and must in any case be displayed as visibly as the prices.
+How much can I pay in cash?
Less than 1,000 € where a business or professional is involved in the transaction.
+What if nobody told me and I have no cash?
Ask for the complaints book and record that the payment methods were not disclosed.
Sources
- 1Boletín Oficial del Estado, BOE (August 2026)
- 2Instituto Nacional de Estadística, INE (August 2026)