Can a business in Peru charge you more for paying by card than in cash?
Only if it told you before you paid, prominently, visibly and accessibly, inside the premises. Article 7 of the Consumer Code allows a different price by payment method, but a «5% más con tarjeta» that first appears at the till is not enforceable.
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Peruvian State portal (gob.pe)
Checked 1 Oct 2026Next review 12 Mar 2027
What we read and what we did notArticles 7 and 110 of Ley 29571 were read in full in the Third Official Edition of the Consumer Protection Code published by Minjus.
What article 7 says
Peru’s Consumer Code does not forbid a business from charging differently depending on how you pay. What article 7 does is attach a disclosure condition.
In the text we read, paragraph 7.1 says that if the seller differentiates the price of a product or service by payment method, such as credit cards or others, «dicha información deber [sic] ser puesta en conocimiento del consumidor, de manera destacada, en forma visible y accesible en el local o establecimiento comercial, a través de carteles, avisos u otros similares». The same rule adds, in the copy we could read, that if the seller fails to do so, consumers cannot be made to pay additional sums and the fixed price must be honoured. That consequence matches the general rule in article 4.2.
Paragraph 7.2, also in the copy we read, deals with offers, promotions, markdowns and discounts: the consumer may use any payment method, unless the seller disclosed the conditions, restrictions and payment terms beforehand and prominently.
What counts as “disclosed”
The statute is specific about the how. It is not enough that a surcharge exists; it must be communicated in four ways at once:
| Requirement | Meets it | Does not |
|---|---|---|
| Prominent | Legible sign at the till or the door | A small line at the foot of the menu |
| Visible | In view from where you choose or order | On a sheet behind the counter |
| Accessible | Before you decide to buy | First seen on the voucher or receipt |
| By signs or notices | Written, in the premises | Only spoken by the cashier at payment |
A «5% más con tarjeta» announced when you take out your card, after eating or choosing, is the textbook breach. You have already consumed, you can no longer decide with that information, and the statute required you to have it beforehand.
The terminal fee changes nothing
It is true that the business pays a fee to the card company. That does not entitle it to pass the fee on in silence. The law lets it pass the fee on; it only requires notice first. A business that wants to charge more for cards has a simple task: a sign. If it did not put one up, it absorbed the fee.
Offers and “cash only”
If a product is on promotion and at the till you are told the offer price applies to cash only, the question is the same: was that disclosed beforehand and prominently? If the offer sign said «precio válido solo en efectivo», it holds. If the sign only showed the price, you may pay however you like at that price.
What to do
- Photograph the payment area and the price list without the notice.
- Ask for the fixed price, citing article 7.
- If you pay the surcharge, keep the voucher: it records the amount.
- Libro de reclamaciones.
- Indecopi’s Reclama Virtual; a denuncia through the Mesa de Partes if you want a sanction.
If you run a business
You may charge more for card payments. Put a visible sign at the till and at the door, with the percentage or the amount, and repeat it on the menu or price list. Without that notice the surcharge is not enforceable, and the charge can end in a procedure before Indecopi.
How to file
- Before you pay, look for the signIf there is a card surcharge it must be on a visible notice in the premises: at the door, at the till or on the menu. If you cannot see one, photograph the till area and the price list without it.
- When the surcharge appears, ask for the fixed price«El artículo 7 del Código del Consumidor exige informar la diferencia por medio de pago antes, con carteles. No estaba informada. Corresponde el precio fijado.»
- If they insist, the libro de reclamacionesDescribe the charge as a payment-method surcharge not disclosed in advance. Attach the receipt or card voucher, which shows the amount, and the photo without the notice.
- No answer? Indecopi's Reclama VirtualFree, and aimed at conciliation. To seek a sanction, file a denuncia through the virtual Mesa de Partes.
Want it drafted for you? Escrito listo — S/ 29 · available soon →
What most people believe — and what the law says
Charging more for card payments is illegal in Peru.
It is not. Article 7 expressly allows it, on one condition: the difference is disclosed beforehand, prominently, visibly and accessibly, inside the premises. What is prohibited is the surprise, not the difference.
If the cashier tells you when you go to pay, you have been informed.
The statute requires signs, notices «u otros similares» in the premises. A verbal warning at the moment of payment, after you have chosen and consumed, is not prior, prominent, visible disclosure.
The card terminal fee is the shop's cost, so it can pass it on without saying so.
It can pass it on if it discloses it first. If it did not, article 4.2 says you cannot be made to pay sums or surcharges on top of the fixed price, and article 7 itself repeats that consequence for this case.
If there is a promotion, they can force you to pay cash.
Under paragraph 7.2, for offers, promotions, markdowns or discounts you may use any payment method, unless the seller disclosed the conditions and payment terms beforehand and prominently.
Frequently asked questions
What if I already paid the surcharge before realizing it hadn't been disclosed?
Keep the voucher or receipt, since it records the amount charged. You can still complain through the libro de reclamaciones and ask for a refund, citing article 7: paying does not validate a surcharge that was never disclosed.
Where in the premises does the sign need to be for it to count as valid disclosure?
It needs to be somewhere you'd see before deciding to buy, typically the door, the till or the menu, legible and prominent. A notice only behind the counter, or one only spoken at the moment of payment, does not meet article 7's requirements.
Which authority do I complain to if the business doesn't answer after I use the libro de reclamaciones?
Indecopi. Reclama Virtual is free and aims at conciliation; if you also want the business sanctioned, you file a denuncia through the virtual Mesa de Partes, which can end in a fine under article 110.
What if a sale sign only shows a price, with nothing about the payment method?
You can pay however you like at that price. Paragraph 7.2 only lets a business require a specific payment method for offers or promotions if it disclosed that condition beforehand and prominently.
What the fine is
| Conduct | Severity | Range | Authority |
|---|---|---|---|
| Charging a different price by payment method without prior prominent, visible and accessible disclosure Ley 29571, arts. 7 and 110 Article 110 runs from a warning up to 450 UIT depending on gravity (minor up to 50, serious up to 150, very serious up to 450). Grading depends on the case. Micro-enterprises are capped at 10% of gross income and small enterprises at 20%, subject to conditions. | variable | up to 450 UIT up to S/ 2,475,000.00 up to $715,939 | Indecopi |
Fines are set in UIT. When the UIT moves, every fine moves with it. UIT 2026 = S/ 5,500 (Decreto Supremo N.º 301-2025-EF). Reference conversion only. The debt is owed in soles.FX rate as of2026-10-12: US$ 1 = S/ 3.457.
The exact law
Ley N.º 29571Article 7read
Consumer Protection and Defence Code — payment method: a price difference must be disclosed beforehand
«dicha información deber ser puesta en conocimiento del consumidor, de manera destacada, en forma visible y accesible en el local o establecimiento comercial, a través de carteles, avisos u otros similares.»
↳Article 4.2read
Consumer Protection and Defence Code — no surcharges on top of the fixed price
«Los consumidores no pueden ser obligados al pago de sumas o recargos adicionales al precio fijado, salvo que se trate de servicios distintos o adicionales.»
↳Article 110read
Consumer Protection and Defence Code — administrative penalties
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