The restaurant's attitude struck me as unfair

The restaurant's attitude struck me as unfair

were displayed in both Swiss francs and euros, with a surprisingly favourable exchange rate. At the end of the meal, I told the waiter that I would pay for the meal in euros (in cash). He refused. The discussion with the restaurant manager was no more fruitful, so I was forced to pay in Swiss francs. Is this legal?

J.

Although it is a commonplace act, payment of the price of goods is governed by a detailed legal mechanism and is the subject of a number of provisions among the rules governing contracts of sale. Price is an important criterion for purchase, so it must be displayed in a clear and accessible manner to avoid misleading the consumer.

In Switzerland, prices must be expressed in francs, in accordance with the Federal Law on Currency and Means of Payment (LUMMP). Article 1 of this law stipulates that one franc is divided into 100 centimes.

For goods offered for consumption in our country, the price to be paid must therefore be indicated in Swiss francs, as expressly stipulated in Article 3 of the Ordinance on the Indication of Prices (OIP). Restaurants are also among the establishments that, according to this ordinance, are obliged to display prices (in Swiss francs) "at all times".

It follows from the above that, in principle, payment in Switzerland for goods priced in Swiss francs must be made in Swiss francs.

However, the OIP does not prohibit a price from being displayed in several currencies, and in particular a price in euros may also be indicated alongside the price in francs. To ensure that prices are transparent and comparable, the State Secretariat for Economic Affairs (SECO) recommends adding a reference to the CHF/EUR exchange rate used and the reference date; retailers are also advised to include a statement such as "subject to exchange rate change" to avoid unpleasant surprises.

However, under Swiss law, the principle of freedom of contract prevails. The parties to a contract are therefore - barring exceptions - free to determine the terms of their agreement, including the currency of payment. It follows that payment of the price in euros is only possible if the parties to the contract have agreed on this.

In this sense, simply displaying prices in another currency (which could be done purely for information and comparison purposes) is probably not enough to require a retailer to accept payment in that currency. However, it would be useful to draw this restaurant owner's attention to good practice to avoid any confusion on the part of consumers, as the experience you have had may indeed have seemed unfair.

Pascal Rytz