Yelmo Cines knows the fine for denying foreign food and drink entry: 30,000 euros

The room is afforded the privilege of entrance to its premises, which is something that, according to FACUA, the legislation that is currently in effect does not permit.

During the month of July in the previous year, we were discussing a dispute that had surfaced on the networks surrounding the Yelmo movie chain’s decision to prevent access to theaters with food or drinks that had been acquired from outside the country. The signs that prohibited it had been a continuous presence in the chain for a couple of years, and they had become a subject of criticism against the theaters that it owned. This was not the first time that this had happened.

We reached out to the consumer association FACUA, which was involved in the debate at the time, and they made it quite apparent to us that technically speaking, the chain was not permitted to execute this prohibition by legal means. At that time, FACUA had already brought Yelmo to court for this reason; nevertheless, it is only now that we receive the verdict from Kontsumobide, which is the Basque Consumer Institute.

Following the filing of a complaint by FACUA about abusive provisions, Yelmo Cines was subsequently subjected to a fine of 30,001 euros. FACUA pointed out that the primary activity of a cinema is the screening of films, and not catering, thus they were unable to apply limits in that sense. This was in addition to the fact that the firm could not impose restrictions if it sold its own food inside the premises.

Additionally, FACUA and Consumores de Acción have launched an injunction action in the courts of first instance in the Community of Madrid for the posters that warn of the ban. This litigation is not the only one that the company is currently involved in. In order to accomplish this, the company depends on a purported right of entrance, which, according to the findings of the complaint filed by FACUA, is in violation of the statute. As of right now, this technique is awaiting the outcome of the trial.

Although this is the first time that Yelmo has been fined for this subject, it is not the first time that a judicial resolution has been reached for this kind of conflict. There are a few of legal precedents that have been established. In the city of Cadiz, the Delegation of the Autonomous Government took actions that resulted in the declaration of the admission requirements of the rooms to be unlawful. Additionally, in the year 2019, a venue in Zafra was penalized for denying admission to spectators who brought their own food and drink into the arena.

The Basque Institute of Consumer Affairs, Kontsumobide, has imposed a penalty of 30,001 euros on Yelmo Cinemas for preventing users from accessing its facilities with food purchased outside. This is due to the fact that more than a few people have a desire for something other than popcorn when they go to the movies. As a result, many people will have attempted to sneak food, drinks, and snacks into the theater as covertly as possible in order to avoid being caught.

All of this was brought about by complaints that were submitted by eight different individuals, as well as two complaints that were submitted by two different consumer associations, namely the Basque Association of Consumers and Users (EKA/ACUV) and Facua-Consumidores en Acción.

In the complaint, it was said that since the beginning of this year, it has been prohibited to bring in food and beverages that were purchased from outside of these establishments at the Megapark and Artea movies located in Bizkaia, as well as Boulevard in Vitoria. This is something that these establishments regard to be a major violation of consumer rights because the primary service that Yelmo Films offers is the film exhibition law, and it is against the law to prohibit food from other countries. Except in cases where your primary occupation is the hotel business or when it is usually forbidden.

Yelmo Cines has also been taken to court by this consumer association in the Community of Madrid for the identical reasons that were previously mentioned. A caution that is also issued on the firm’s website when selling tickets is that “the company does not allow access to these facilities with food and/or beverages purchased outside Yelmo, therefore reserving the right of admission.” This warning is displayed on signs that are located in the chain’s theaters in the capital city.

An observation made by the same group is that the movie theater chain “intends to take refuge in the exercise of an alleged right of admission,” which, according to the association’s interpretation, is in violation of the law. In the future, we will provide additional commentary on this news and the potential impact it may have on the rules for food and beverages in theaters. You will find further items that are of interest in our blog.

It is difficult to determine whether movie theaters are engaging in illegal behavior or rather are circumventing the rights of consumers with technicalities because the laws in this regard are so confusing. This is because there is a new controversy regarding the consumption of food inside movie theaters that appears on social media every so often. El Hematocrítico, a writer who specializes in children’s literature and has more than 158,000 followers, was the most recent person to corroborate this information.

Yesterday afternoon, Hematocrítico posted a tweet in which he stated that he had been halted while going through a screening process in order to distribute the food and refreshments that he had brought in from the outside. ‘Ruby, adventures of a teenage kraken’ was being screened at a screening at six in the afternoon at some Yelmo cinemas in Vigo. We have reached out to him in order to get more information about what exactly took place during the screening.

It is said by Hematocrítico that he was accompanied by a group of at least twelve individuals, a significant number of whom were children, and that some of them brought food from outside. A member of the audience had placed a bag of popcorn on an armrest, which resulted in a member of the staff of the theater coming to inform the group that “you cannot enter the theater with popcorn from outside.”

This occurred after the trailers had already begun playing. However, when Hematocrítico brought to the attention of the cinema that this condition is not in accordance with the law, the manager arrived accompanied by a security guard.

It has been reported by Hematocrítico that the manager made a threat to contact the authorities, which the tweeter ultimately decided to carry out. During the conversation, they informed him that “there is a rule that states that the cinema has the ability to prevent you from entering.”

In response to Hematocrítico’s clarification that he was present within the room, the police responded by stating that he would be required to achieve a consensus with the administration of the cinema. Hematocrítico, in an effort to avoid causing any further bother, returned the items that he had obtained outside the room. These items included a bag of popcorn and a couple of cans of soft beverages. Additionally, as he was leaving the establishment, he made a request for the complaint form.

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