The scene is familiar in many cafes, pastry shops and small shops. The customer approaches the counter to pay a low-value bill, taps his card or prepares his cell phone, but hears an unexpected response: “Electronic card only above 5 euros”.
The doubt is legitimate and was once again analyzed by , after a reader questioned whether establishments could impose a minimum amount for payments by bank card. The answer lies less in the gesture of paying and more in the conditions that the merchant has to communicate to the consumer.
Merchant is not obliged to accept cards
In Portugal, merchants are not obliged, as a rule, to accept payments by bank card. According to Polígrafo, which cites information from Banco de Portugal, beneficiaries of payment transactions, normally merchants, have no legal obligation to accept payment cards.
This means that a cafe, restaurant, store or other establishment may choose not to provide ATM payment. The same logic applies to cases in which the retailer decides to accept cards, but defines certain conditions for this payment method.
Minimum amount can be allowed
When an establishment accepts payments by Multibanco, it can define a minimum consumption amount to allow this form of payment. This is why some spaces indicate limits such as three, five or ten euros for purchases paid by card.
According to Polygraph, the practice may be admissible, as long as the consumer is informed in advance in a clear, objective and adequate manner. The reason cited is linked to the costs borne by merchants in each transaction, namely the Merchant Service Fee, paid to the payment service provider. In purchases of very low value, this commission may make the operation less advantageous for the establishment.
Information must be visible
The essential point is the information given to the consumer. The Food and Economic Security Authority, cited by Polígrafo, recalls that establishments must provide all necessary and relevant information so that the consumer is properly informed when purchasing goods or services. This obligation arises from the Consumer Protection Law. Therefore, if the establishment does not accept Multibanco, or if it only accepts card payments above a certain amount, this rule must be clearly announced.
The warning should not only appear at the end
The rule should not only be revealed when the customer tries to pay. If the consumer only discovers the minimum value after having already consumed, the situation can generate conflict and justify complaints, especially if there is no visible warning in the space. Ideally, the information should be next to the cashier, on the price list, at the entrance or in another easily accessible place. Where applicable, information on the types of cards accepted by the establishment must also be indicated.
Don’t just say it verbally
Verbal communication may not be enough to avoid doubts. If the trader intends to apply a minimum value, this condition must be adequately publicized. A clear indication prevents the customer from consuming without knowing that they may later have to pay in cash. The problem, therefore, is not necessarily in the existence of a minimum value. It involves not informing the consumer before purchasing.
Multibanco does not mean all cards
Another important point is that accepting electronic payments does not mean accepting all cards or all payment methods. An establishment may accept certain cards and not accept others, depending on the conditions contracted with the payment service provider. There may also be differences between debit card, credit card, contactless payments or other systems. Once again, the rule must be communicated to the consumer clearly.
During the pandemic there was an exception
Between March 27 and June 30, 2020, in the context of the exceptional measures of the Covid-19 pandemic, merchants were forced to accept payments by bank card, regardless of the purchase value. This rule was temporary in nature. After this period, the general principle was applied again: merchants are not obliged to accept bank cards and can define conditions when they choose to make this payment method available.
What if the customer has already consumed it?
Imagine that you ordered a coffee, consumed it and only when paying were you informed that the card is only accepted for over 5 euros. If this rule was not visible or communicated before, the consumer can ask for clarification and, if they understand that they have been harmed, request the complaints book.
The existence of a minimum limit may be legal, but the lack of prior information can raise problems. In these cases, it is a good idea to keep the receipt, record the name of the establishment and, if there is or is no visible notice, collect this information.
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