FACUA-Consumers in Action has denounced Loro Parque SA, the company in charge of managing the Siam Park amusement park in Tenerife, for charging three euros to users who want to bring in food and drinks from abroad to your facilities.
In this regard, they indicate that on the park’s website they are listed in the section Where to eat? restaurants that exist within the enclosure and includes the message “we will charge three euros to store your food and drink during your visit to the park and you can enjoy it exclusively in the designated picnic area”, as reported by FACUA in a press release.
In this way, the amusement park “forces” the consumer to deposit the food and drink that they can take from outside in a specific place on the premises for storage and custody, in addition to “limiting their consumption only” to one area.
For these reasons, FACUA has filed a complaint with the General Directorate of Commerce and Consumption of the Government of the Canary Islands, requesting said body to initiate disciplinary proceedings against Loro Parque SA on the understanding that consumer rights are violated.
For the association, this “imposition seeks to condition the user so that they do not access” the amusement park with this type of product, although the main activity of Siam Park “is not the hospitality industry” but rather the provision of a series of attractions and shows.
For FACUA, the charge of three euros for the custody of food and drink purchased outside the premises “violates” article 82 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, in which it is stated that “all” stipulations “not individually negotiated” and all “practices not expressly consented to that, contrary to the requirements of good faith cause, to the detriment of the consumer and user, a significant imbalance” of the rights and obligations of the parties arising from the contract.
In addition, article 89 of this same rule explains that “increases” in price for accessory services, financing, deferrals, surcharges, compensation or penalties that “do not correspond to additional benefits that can be accepted or rejected in each case expressed with due clarity or separation”.
It adds that the Consumer Cooperation Commission collected in its consultation number 5 of 2000 that the clauses in which “limitations are imposed on the consumer in order to acquire the products without being based on objective circumstances, must be considered abusive based on the arguments adduced”.
Finally, it indicates that in recent weeks the Seville City Council has initiated disciplinary proceedings worth 12,000 euros each against the organizing companies of the Interstellar festival and the Red Hot Chili Peppers concert for “preventing or limiting access with food and outside drink.
