“Legal Dine and Dash” Myth Spreads on Social Media
Recently, a video has caused a stir on the social media platform TikTok in Spain. The video claims that under a “new law,” if a customer requests the bill three consecutive times in a restaurant and the staff fails to respond, the customer has the right to leave without paying. This claim quickly became a hot topic, with many users sharing their own frustrating experiences of long waits for the bill and expressing curiosity and skepticism about whether such a consumer protection law actually exists, while also sparking a massive debate about its authenticity.
Legal Expert Urgently Debunks Myth: No Legal Basis Whatsoever
Facing the escalating online discussion, renowned Spanish lawyer Andrés Millán, who has 2.5 million followers on TikTok, posted a video to provide a professional clarification. He explicitly stated that the so-called “free meal after three requests” rule is purely a popular myth. In the current Spanish legal system, there are no provisions that support exempting a consumer from their payment obligation due to slow service.
Millán stressed that regardless of the restaurant’s service efficiency, paying after consumption is a fundamental contractual obligation. Service delays cannot be a legitimate reason for non-payment. Misinterpreting this widely circulated “unwritten rule” as a legal regulation is an extremely risky act.
The Legal Consequences of “Dine and Dash”: The Crime of Fraud and Penalties
Andrés Millán further explained the serious legal consequences of leaving without paying. He pointed out that this act is clearly defined in Spanish law as a “simpa” (dine and dash), which falls under the crime of fraud (delito de estafa) governed by the Criminal Code.
The severity of the offense is directly related to the unpaid amount:
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Amount under €400: Constitutes a minor offense (delito leve) and is typically punishable by a fine.
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Amount over €400: Constitutes a more serious crime of fraud, facing not only fines but potentially even criminal penalties including imprisonment.
This means that any attempt to use service delays as an excuse to evade payment could lead to unnecessary legal proceedings.
The Correct Way for Consumers to Handle Service Delays
So, what should customers do when they genuinely experience significant delays in getting the bill? Lawyer Millán offered the only legal advice: proactively go to the bar or cashier’s counter to complete the payment. He concluded with a serious reminder to the public: “There is no legal shortcut to justify dining and dashing.” Consumers should resolve disputes through legal channels, not by resorting to illegal actions.
