Refused entry or service at a shop, bar, bank or gym

Key rules

• Protected grounds: A business cannot refuse you entry or service because of race, origin, religion or similar grounds.
• Objective rules: Posted, objective admission rules that apply to everyone are allowed.
• Complaint form: The business must give you the hoja de reclamaciones when you ask.
• Regions: The complaint route and fines differ by region, so check your regional consumer office.

Can a business refuse you?

A business open to the public cannot refuse you entry or service because of who you are. Race, origin, religion, language, disability and similar protected grounds are not allowed as reasons. A business can still apply objective admission rules, such as a dress code, a capacity limit or a ban for past behaviour. These rules must be public, posted at the entrance and applied to everyone in the same way.

What to do on the spot

Stay calm and ask the staff for the exact reason. Ask to see the posted admission conditions. If there is no sign, or the reason sounds personal, that is a warning sign.

Then build your record while you are still there:

• Note the names of the staff, the time and the place.
• Take photos or video of the signs and the entrance.
• Ask any witnesses for their contact details.

Ask for the hoja de reclamaciones. The business must hand it over when you ask. Fill it in there, and keep your copy. The checklist below has the full list of steps.

The hoja de reclamaciones

The form is usually in triplicate. One copy stays with the business, one goes to the consumer authority and one stays with you. Businesses must display a sign saying forms are available. Format and online filing differ by region, and many regions offer an online form. Your regional consumer office explains how to file it in your area.

When to call the police

If the business will not cooperate, or you think the refusal was hate-motivated or threatening, call the Policía Local or Policía Nacional so the incident is documented. For hate-motivated or criminal conduct you can also report to the Guardia Civil or to the prosecutor's office that handles hate crimes.

Where to complain afterwards

You have several routes, and you can use more than one:

• Your regional or town consumer office (OMIC), usually with the completed hoja de reclamaciones.
• The regional authority responsible for entertainment or commerce, if the refusal was at a bar, club or venue.
• The council that handles racial or ethnic discrimination, if that was the ground.
• An anti-discrimination group such as SOS Racismo or Fundación Secretariado Gitano, which can advise you and help you report.
• A civil claim in court, if you want compensation.

A state equality authority is being set up. Ask your consumer office whether it is working yet before you rely on it.

What the business risks

Discrimination in services can bring fines. The amounts are set out in the page on housing and services discrimination: up to 10,000 euros for minor breaches, 10,001 to 40,000 euros for serious ones and 40,001 to 500,000 euros for very serious ones. Regions set their own fines under their consumer and entertainment laws.

Checklist

• Write down the names of the staff, the time and the place.

• Get the contact details of any witnesses.

• Ask for the hoja de reclamaciones, the official complaint form, and fill it in.

• File a complaint with your regional or town consumer office (OMIC).

• Report to the police or an NGO such as SOS Racismo or Fundación Secretariado Gitano if you think the refusal was hate-motivated.

What to watch out for

• Objective admission rules are allowed: A business can refuse you under objective, public rules, such as a dress code or capacity limit, and that is not discrimination. Refusing you because of a protected ground is not allowed. Ask to see the posted conditions and note whether the rule was applied to everyone.

• Regional rules change the complaint route: Consumer and entertainment laws, forms and fines are set by each region, so the same refusal can follow a different process depending on where you are. Ask your town hall's consumer office which authority handles your case.

• Wrong office can delay your complaint: Sending a complaint to the wrong body can cost you time. Consumer offices, the equality body and the police each handle a different part. Use the hoja de reclamaciones for the consumer route and go to the police or Fiscalía de delitos de odio if the conduct looks criminal.

Frequently asked questions

What is the hoja de reclamaciones and how does it work?

The hoja de reclamaciones is the official complaint form that businesses selling to the public must hold and hand over when you ask.

Who can I report a discriminatory refusal to besides the business?

You can report it to your regional or town consumer office (OMIC), usually through the hoja de reclamaciones. For racial or ethnic grounds you can also go to the Consejo para la Eliminación de la Discriminación Racial o Étnico. You can also bring a civil claim in court.

Should I call the police if a business refuses me entry?

Yes, call the Policía Local or Policía Nacional if you want the incident documented or if the refusal looks hate-motivated. For hate-motivated or criminal conduct you can also report to the Guardia Civil or the Fiscalía de delitos de odio, which handle the criminal route.

Can a venue refuse me entry for any reason?

No, a venue can refuse you only under objective, public and non-discriminatory admission rules. Those conditions must be posted, so ask to see them. Regional entertainment laws set their own fines for breaches.