Can a restaurant refuse to honor an advertised happy hour, 2x1 or promotion?
No. Once the restaurant advertised the promotion, article 46 of Ley N.º 29571 makes it enforceable even if it doesn't appear on your receipt, and any restriction (hours, days, minimum purchase) had to be disclosed clearly and prominently in the same ad.
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Checked 1 Oct 2026Next review 28 Dec 2026
What the law says
Ley N.º 29571, the Código de Protección y Defensa del Consumidor, treats a business’s offer, promotion and advertising as more than a mere announcement: article 46 establishes that its content binds the provider and is enforceable by the consumer, “aun cuando no figuren en el contrato celebrado o en el documento o comprobante recibido” (even when it doesn’t appear in the contract signed or the document or receipt received). If a restaurant advertised a happy hour, a 2x1 deal or any other promotion, that promise is enforceable even if it never shows up on your receipt.
Can the restaurant make up restrictions on the spot?
No, at least not restrictions it never advertised beforehand. Article 14.2 requires that when a sales promotion has conditions or restrictions on access (say, only certain days, only certain hours, or a minimum purchase), these must be disclosed “en forma clara, destacada y de manera que sea fácilmente advertible por el consumidor” (clearly, prominently, and in a way easily noticed by the consumer) in the ad itself, or in a separate information source as long as the ad clearly points to it.
If the sign or post just said “happy hour” with no more detail, and only at the table do they tell you it “doesn’t apply today” or “is only 6 to 7pm on Tuesdays,” that restriction wasn’t disclosed the way the law requires — so it shouldn’t be usable to deny you the promotion.
What does a promotion’s ad have to include?
Article 14.1 requires every sales-promotion ad to clearly state its duration and the minimum number of units of the offered products that are available. An ad with no expiration date or availability information doesn’t meet that standard.
What to do if they won’t honor the promotion
- Save proof of the ad: a photo, a screenshot, or the sign itself.
- Ask them to honor it on the spot, pointing out that the restriction they’re invoking wasn’t clearly advertised.
- If they still won’t, ask for the complaints book and describe what happened, attaching your proof if you can. The business has 15 business days, non-extendable, to respond.
- If they don’t respond or don’t resolve it, you can escalate the complaint to Indecopi.
This page doesn’t cover an ordinary price change with no promotion advertised — for that, see the restaurant’s obligation to display its price list.
How to file
- Save proof of the adA photo of the sign, the menu, the social media post or the restaurant's website showing the promotion. Article 46 makes it enforceable even if it never appears on your receipt — but you need to be able to show it was advertised.
- Ask them to honor it on the spotIf the ad didn't clearly show a restriction (hours, day, table, minimum purchase) they're now invoking to deny it, article 14.2 requires that restriction to have been disclosed clearly and prominently in the same ad — not mentioned to you for the first time at the table.
- If they won't honor it, log it in the complaints bookAsk for the venue's libro de reclamaciones and describe the ad you saw, with the date and, if you can, an attached photo. The business has 15 business days, non-extendable, to respond (Ley N.º 31435).
- Escalate to Indecopi if they don't respond or don't resolve itWith the complaints-book record and your proof of the ad, you can file a complaint with Indecopi over an unhonored offer or advertisement.
What most people believe — and what the law says
If the promotion isn't on my receipt or in a contract, the restaurant isn't obligated to give it to me.
Article 46 says the opposite, expressly: the content of an offer, promotion or advertisement binds the provider and is enforceable by the consumer "aun cuando no figuren en el contrato celebrado o en el documento o comprobante recibido" (even when it doesn't appear in the contract signed or the document or receipt received).
The restaurant can apply restrictions it never advertised, just by explaining them when you ask for the promotion.
Article 14.2 requires any restriction to be disclosed "en forma clara, destacada" (clearly and prominently) in the ad itself (or in a separate information source, as long as the ad clearly points to it) — not communicated to you for the first time at the venue.
Frequently asked questions
Does a restaurant have to honor a happy hour or 2x1 it advertised on social media?
Yes. Article 46 of Ley N.º 29571 establishes that the content of an offer, promotion or advertisement binds the provider and is enforceable by the consumer, regardless of the medium it was advertised on or whether it appears on your receipt.
Can the restaurant say the promotion doesn't apply that day without having warned you beforehand?
Not if that restriction wasn't clearly and prominently disclosed in the original ad. Article 14.2 requires a promotion's conditions and restrictions to be communicated in the ad itself or in an information source the ad clearly points to.
What does a sales-promotion ad have to state?
Per article 14.1, every sales-promotion ad must clearly state its duration and the minimum number of units of the offered products that are available.
What do I do if a restaurant refuses to give me the advertised promotion?
Save proof of the ad (a photo, a screenshot), ask for the venue's complaints book to log it, and if they don't resolve it, you can escalate the complaint to Indecopi.
The exact law
Ley N.º 29571Artículo 14.1read
Consumer Protection Code — advertising of sales promotions
«La publicidad de promociones de ventas debe consignar, en cada uno de los anuncios que la conforman, la indicación clara de su duración y la cantidad mínima de unidades disponibles de productos ofrecidos.»
↳Artículo 14.2read
Consumer Protection Code — conditions and restrictions on promotions
«Cuando existan condiciones y restricciones de acceso a las promociones de ventas, éstas deben ser informadas en forma clara, destacada y de manera que sea fácilmente advertible por el consumidor en cada uno de los anuncios que las publiciten o en una fuente de información distinta, siempre que en cada uno de los anuncios se informe clara y expresamente sobre la existencia de dichas restricciones, así como de las referencias de localización de dicha fuente de información.»
↳Artículo 46read
Consumer Protection Code — the offer, promotion and advertising as binding on the provider
«El contenido de la oferta, promoción o publicidad, las características y funciones propias del producto o servicio y las condiciones y garantías ofrecidas obligan a los proveedores y son exigibles por los consumidores, aun cuando no figuren en el contrato celebrado o en el documento o comprobante recibido.»
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What this page already lets you do
- Name the rule that protects you
- Copy the exact article and send it
- Follow the steps, in order