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Consumer Rights in Vallarta (for bar patrons)

Discrimination or abuse of any person who goes to bars or nightclubs can be reported to the Federal Consumer Agency, Profeco, the body that can legally proceed with sanctions against these establishments.

profeco logoThe customer of any bar or nightclub has rights which must be respected, and establishments are obligated to offer their services in a respectful manner, with quality and adherence to the law, said the Profeco through a communique.

Consumers have five basic rights set forth in the Federal Law on Consumer Protection (LFPC), in these places.

  1. It stipulates that no establishment has the right to discriminate. The LFPC states in Article 58: “The supplier of goods, products or services may not reject or restrict consumers on the basis of gender, nationality, ethnicity, sexual preference or religion, or any other characteristic.” In addition, service providers can not refuse admission to people with disabilities, except in cases affecting security or tranquility of the establishment and the clients.
  2. Establishments can not impose a minimum consumption requirement and the consumer is the only person who decides how much alcohol must be consumed, even if the waiter claims it is too little. The same section states that establishments may not be set conditions for consumption. Similarly, the establishments cannot require the purchase of a bottle of wine as a condition of receiving a table. The table is an indispensable part of the service, so it should not be available only with the purchase of alcohol.
  3. Prices must be visible on the menu, and establishments must comply with the promotions they offer. The printed pricing is applicable to all products that are sold in the establishment, including offerings of alcoholic beverages sold by the bottle or glass, soft drinks, juices, bottled water, packs of cigarettes, as well as the cost of each dish or botana. In addition, cloakroom and parking services must be displayed with the price per hour and fraction. In accordance with Article 7 bis, the supplier is required to exhibit in a manner visible the total amount payable for the goods, products or services it offers to consumers. Also, the establishment is required to make valid any offered special promotions that typically attract customers, such as “happy hour” drinks at 2 X 1 or certain days of the week that have no cover charges.
  4. The LFPC in Article 42 states that: The supplier is obligated to deliver the goods or provide the services in accordance with the terms and conditions advertised or displayed except when an agreement to the contrary is made or with the written consent of the consumer.
  5. Article 50 states that: If the author of the promotion or offer does not meet its offer, the consumer may choose to demand compliance, to accept another good or service equivalent in value, or termination of the activity, and in any event, shall be entitled to payment of the economic gap between the price at which the product or service offered in the promotional and the normal price. There should not be a service charge or required tip, because it is voluntary. The Profeco warning that many dens take advantage of the distraction and euphoria of clients to attach the tip to the bill. Tipping is a reward to be given voluntarily for good service, and the consumer determines how much this will be. If pressure for a tip to be paid in advance or included in the bill without notice, the consumer may file a complaint.

In case of receiving a disservice by any establishment, the consumer may request advice or file a charge by calling the Profeco at 01 800 468 8722.

In Puerto Vallarta concerned consumers can call telephones 225 0000 or go to the office located at Av. Océano Pacífico # 108-3, Local 106, in the Plaza of Colonia Palmar de Aramara.

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Official Vallarta Websites:

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