Now the war for attraction parks has begun

The consumer’s struggle to introduce food into closed enclosures in which he had paid to enter I was in theaters. Then we go to the Music festivals. And finally, the Attraction parks: Facua has denounced several for preventing entry with food and drink from outside its customers. After this decision there is a constant struggle between companies that seek to maximize their benefits and consumers who claim basic rights.

Do not introduce food. Magic Island, Warner Park, Port Aventura and Terra mythical are the Spanish attraction parks that have received the complaint of Facua-Consumenores in Action before the Ministry of Social Rights, Consumption and Agenda 2030 for preventing entry with food and drink. The objective of this prohibition is clear: to force visitors to acquire in establishments and vending machines inside the enclosures, usually at much more expensive prices.

The objective, says Facua in its statement, obeys “economic motivations and the eagerness to obtain greater benefits.” According to the association, these practices violate the Royal Legislative Decree 1/2007 of November 16which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

The reasons. Some of these parks use reasons for the ban. Warner alleges “hygiene and security reasons” From its websiteand mythical terra It also refers to reasons of “health” and “food and safety hygiene”. Magic Island and Portaventura do not detail the causes of the prohibition. Facua states that in all cases these reasons are “unjustified” And they remember that the prohibition “does not occur in Disneyland Paris and Parc Astérix, in France; in Europe-Park, in Germany; in Legoland Windsor Resort, in the United Kingdom, or in the Park of Los Jardines de Tivoli, in Denmark. In all of them it is allowed to access with food and drink.”

Facua’s reasons. The reasons why Facua has filed the demand are the same as he presented (and won) Before movie chains like Yelmo. According to the Association for the Defense of Consumer Rights, the main activity of these companies is “recreational establishments”, in its variant of attraction and thematic parks. The restoration service is a complementary activity and is not part of the price of the entrance that consumers hire when paying it. It is, contrary, the imposition of accessories not requested by the client.

30,000 euros. That was the amount of the fine imposed on the Yelmo cinemas for prohibiting the entry of food and drink from outside in its rooms. The sanction comes from Kontsumobide, the Basque Institute of Consumer, which considered the prohibition as an abusive clause, for the reasons detailed in the previous paradfo. It was not the first time that judicial resolutions were produced against this type of practices. There were already a history In Huelva and Zafrawhere he declared illegal or fined rooms for preventing entry with outdoor food. The company tried to justify the measure, covering in the right of admission.

In festivals it is not so clear. In the case of music festivals, the situation is similar but more complex. Many festivals prohibit entry with exterior food, arguing commercial and security motifs. However, the Ministry of Consumer opened sanctioning file to a music festival for this practice – an important precedent – claiming again that “the main activity of these events is not the restoration, but the musical show.” However, there are discrepancies in The interpretation of the law: Some experts consider that when Food sale is a relevant business part From an event of several hours or days, it can be part of its main activity.

Variable regulation. The regulation in the festivals ultimately depends on each autonomous community, which produces notable differences: in some regions (Like Asturias), the right to access with exterior food is guaranteed if consumption is allowed in the enclosure; In others this access can be vetoed when the promoter markets its own products. The debate also extends to sporting events, where food is usually allowed only in plastic containers and small volumes, with the strict prohibition of alcoholic beverages and glass or metal containers.

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