We’ve all been there, out walking the streets of Spain when we feel the urge to go, but there are no public toilets to be found, so is acceptable to use the bathroom in an establishment without buying anything?
Spain may generally be good at local services as there are water fountains on street corners and many benches to take a rest, but when it comes to public toilets, these are almost non-existent.
And if you do happen to find that elusive public toilet, it’s often so badly maintained that you’d rather not use it all.
Most people turn to toilets in bars and cafes when they need to go, but that often involves the pretence of having to order a drink first and then slipping off to the bathrooms. And in fact, getting another drink is probably the last thing you want when you have the urge to go.
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Because of the lack of public toilets and the fact that it’s so common to pop into a bar or restaurant to use their facilities, some establishments have a sign on their window or inside saying that their toilets are for customer use only.
Thus, they’re effectively forcing you to buy a drink or a snack so that you can use the loo. Some places even go as far as locking the bathroom doors, so that you need to ask for a key or code in order to use it. This is particularly common in big cities and touristy areas.
So is this legal? Can establishments in Spain really prohibit you from using their toilet unless you buy something?
Recently lawyer Xavi Abat took to TikTok to post a video explaining why this practice actually has no legal basis, and understandably, it has gone viral.
@xavi_abat Vídeo de septiembre de 2020. Uno de mis primeros vídeos y de los más polémicos …ha llovido mucho desde entonces pero sigue siendo un tema de actualidad …no me gusta verme lo hacía un poco mal no?🤣 #elabogadodetiktok ♬ sonido original – 🙋♂️ #elabogadodetiktok
“The answer is that they can’t prohibit you from using the restroom,” Abat states in the video.
“There is no state regulation that prohibits it,” he says, and “the only way a bar or restaurant owner could prohibit you from using the toilet would be by invoking the right of admission”.
READ ALSO: Should you take off your shoes in a Spanish person’s home?
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This means they can’t simply stop you from using the bathroom, but they can prohibit you from entering the bar for a particular reason, as long as it’s not discriminatory.
The Organisation of Consumers and Users (OCU) states that using the right of admission to prevent access to the bathroom would be a totally arbitrary and unfair action. Abat explains that this would entail an administrative offense that could be subject to a fine.
The video has gotten lots of comments, but most people say that they will buy a drink because staff still have to clean the toilets.
Abat even admits himself “I’ll have a coffee or a water and that’s it”.
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READ ALSO – ‘Mercadona, Mercadona’: The story behind Spain’s most famous jingle
Don’t expect most toilets in bars to be clean, though. In Spain you’ll often find bathrooms with no toilet paper or soap, they’re often smelly and don’t get cleaned regularly. They may have a broken seat, with staff having no motivation to fix it.
So, while you may be able to get away with using the toilets in a bar or restaurant without buying anything it may not be worth getting into a legal argument. This is more likely to happen in upmarket establishments, but more local places may just turn a blind eye.
You may have better luck in fast food joints or in a place you have to queue up to order, rather than a sit-down venue. Other places may let you if you have small kids for example.
There are, however, a few places in Spain where you can use the bathrooms for free without having to buy a thing. These include big depart stores such as El Corte Inglés, chain supermarkets like Mercadona, shopping malls, tourist offices, cultural centres and free museums.
