A common question among business owners, professionals and consumers is whether a company is required to have a public price list or rate card — that is, a document setting out all its services and charges.
The answer is not the same for every activity. In Spain there is no general obligation for every business to publish a price list, but there are information duties that require many companies to state their prices clearly before a contract is agreed, particularly where the customer is a consumer.
The key distinction lies between activities subject to specific regulation — where concrete obligations to display or communicate prices may apply — and private businesses, which are free to set their own prices provided they meet their duty of information and transparency.

Activities subject to specific regulation and the duty to disclose prices

Price transparency in regulated sectors

Certain economic activities are subject to special rules because of their importance to consumers, the public interest in the service, or the particular features of the sector.
In these cases, the rules may require prices, the price list or the economic terms to be communicated in a specific way — whether by public display, a price card, information given to the customer beforehand, or other legally established means.
These activities can include areas such as:

• Passenger transport.
• Services subject to administrative authorisation.
• Vehicle repair garages.
• Certain regulated professional activities.
• Hospitality and premises open to the public, where the applicable rules so require.
• Sectors regulated by regional legislation.

That said, it is worth noting that there is no single general rule requiring all these sectors alike to have a “price list” — the specific regulation of each activity must be examined individually.

Shops and outlets selling products to consumers

Where shops sell products directly to consumers, there is a clear obligation to state prices, although this need not always take the form of a formal price list as such.
Royal Decree 3423/2000 requires that products offered to consumers show their selling price clearly, visibly and in an easily identifiable way. It also governs the unit price where relevant.
A shop therefore cannot systematically withhold the price of its products where the rules require it to be visible, even if it does not formally hold a price list as such.
Some examples include:

• A shop must show the price of the clothes or items it sells.
• A supermarket must display the price of its products.
• A commercial offer must clearly state the price that applies.

The aim is to let the consumer compare and make a decision before making a purchase.

Services provided to consumers

Where a company provides services to consumers, consumer protection rules require the customer to be given sufficient information before entering into a contract, even if the company has no published price list.
The business must inform the customer of the main features of the service and, where it can be determined, the total price, including taxes and any other charges that may apply.
The consumer must know the financial terms before becoming bound by the contract.
The obligation, therefore, does not necessarily mean handing over a general price list, but rather providing clear, understandable information about the cost of the service being contracted.

Private businesses with no specific regulation

Freedom to set prices

In most private activities, each business is free to set its own prices.
As a general rule, a company is not required to have a public price list if it works through bespoke quotes or commercial agreements.
This is common in activities such as:

• Renovation and building firms.
• Consultancies.
• Industrial companies.
• Specialist technical services.
• Self-employed professionals, many of whom operate as an “autónomo societario” (a director who is also self-employed).
• Companies supplying services to other businesses.

In these cases, the price can vary depending on factors such as:

• The complexity of the work.
• The time required.
• The materials used.
• The specific features of the job.

The duty to inform customers before contracting

Even where a private company has no public price list, this does not mean it can charge the customer a price they were unaware of.
The main obligation is that the customer knows the financial terms before agreeing to the service.
For example:

• A professional may work from bespoke quotes without publishing a full price list.
• A company may set different prices depending on the project.
• A supplier may negotiate different financial terms with each customer.

In these cases, transparent information takes the place of a fixed price list.

Businesses working with other businesses

Where the commercial relationship is between businesses (B2B), the obligation to have a public price list is even less common.
Typical situations include:

• Negotiated prices.
• Bespoke contracts.
• Volume discounts.
• Individually agreed commercial terms.

Freedom of contract is the general rule in these relationships, always subject to the applicable legislation.

Consequences of failing to inform customers correctly about prices

Where a company fails to give sufficient information about its prices, particularly to consumers, this can result in:

• Complaints from customers.
• Action by consumer protection bodies.
• Enforcement proceedings where there has been a legal breach.
• Disputes over the agreed financial terms.

Beyond being a legal requirement in certain cases, a transparent pricing policy helps build trust and reduce commercial disputes. Regularly reviewing your price list, or the way you inform customers of your financial terms, is also good practice to avoid complaints.

Is it mandatory to have a public price list?

In Spain, there is no general obligation for every company to have a public price list. Whether prices must be displayed or communicated depends mainly on the activity carried out and the specific rules that apply to it.
In certain regulated sectors, the law may require rates, prices or financial terms to be communicated in a specific way. In most private businesses with no specific regulation, however, there is no obligation to have a public price list, although it remains essential to inform the customer clearly and transparently about the price and financial terms before they enter into a contract.
The question, then, is not whether every company must have a price list, but whether the activity it carries out is subject to rules that impose that obligation. Each case should be assessed individually, taking into account the sector, the type of customer and the applicable legislation.

At Blegal we have a team of specialist advisers and lawyers on hand to help you check whether your company meets its legal obligations on price information, review your business documentation, draw up or adapt your price list and contract terms, and resolve any legal, tax or employment query relating to your activity. If you are also wondering whether your current advisory firm still meets your company’s needs, you may find it useful to read about how and when to change your advisory firm.
If you need advice, please get in touch with us. We will review your case individually to offer you the most suitable solution and ensure your company operates with full legal certainty.

Photo by Clay Banks on Unsplash