The Basque Government has fined, through the Basque Consumer Institute-Kontsumobide, the Yelmo Cines chain for not allowing access to its facilities with food purchased abroad, outside its store. This company must pay a fine of 30,001 euros for this policy, which since the beginning of this year prohibited the introduction of food and drinks purchased outside of these establishments.
The policy of this chain of movie theaters, which manages those in Megapark (Barakaldo), Artea (Leioa) and Boulevard (Vitoria-Gasteiz), gave rise to complaints from eight individuals and, also, two complaints filed by consumer associations: the Association of Basque People and Consumers (EKA/ACUV) and Facua-Consumers in Action.
Kontsumobide, a body dependent on the Basque Government, began an investigation that, finally, ended with the aforementioned sanction. The fine, in any case, is appealable and Yelmo Cines has already filed an appeal.
The groups of complaining consumers, whom the Consumer Agency agrees with, understood that the aforementioned practice is “abusive” and requested the imposition of a penalty of up to 150,000 euros, considering that it is a “serious consumer infringement.” .
The reasoning of these groups is that “the main activity that Yelmo Films provides is the exhibition of films”, so it would not be “legal to prohibit foreign food”, unless its main activity was hospitality or it was totally prohibited. consume food and drinks inside movie theaters.
Facua, specifically, argued in its writing that the main activity of a cinema is the exhibition of films and not the restoration, so it was not valid for them to use this excuse to prevent entry with food and drink from outside when, In addition, food can be purchased within the premises itself.
In a note, the consumer organization has added that the chain has signs with the text “the company does not allow access to these facilities with food and/or drinks purchased outside of Yelmo, therefore reserving the right of admission”, a warning which he also does on his website when selling tickets.
In Facua’s opinion, the company “intends to rely on the exercise of an alleged right of admission” which, in its opinion, is contrary to the legislation, since the ambigu service is not the essential defining activity of cinema. “You cannot exercise that right of admission as if it were a restaurant,” he says.
In the Community of Madrid, this consumer association has also taken Yelmo Cines to court for this same reason.
