AZE.US
Some restaurants in Baku are increasingly adding a 10% service charge to customer bills, raising questions about whether such fees are legally enforceable and when diners have the right to refuse payment.
In many cases, customers say they are only informed about the extra charge at the end of the meal, when the bill arrives. Consumer advocates argue that adding a 10% to 15% service fee without clear prior notice may amount to a violation of consumer rights.
The issue has drawn more attention as the number of restaurants using the practice continues to grow. In some countries, mandatory service charges have already been restricted or abolished by law. In Azerbaijan, however, the situation remains less clearly regulated in practice.
Economist Natig Jafarli told Bizim.Media that under Azerbaijani law, customers cannot be forced to pay an additional service charge.
He said some restaurants try to justify the fee through internal rules, but those rules do not automatically make the charge mandatory.
“Even if it is regulated by a restaurant’s internal policy, it should not be compulsory,” Jafarli said. “The proper approach would be for the service charge to be paid voluntarily. Customers often leave extra money as a matter of courtesy anyway. Making it mandatory is not the right approach.”
His comments suggest that the key legal issue is transparency. If a restaurant wants to apply a service charge, customers should be informed in advance, not only when they are about to pay.
That means diners may have grounds to challenge the fee if it was added to the bill without clear notice beforehand.
The debate comes as restaurants in Baku face rising costs and look for new ways to increase revenue, but legal experts say any additional charge should be clearly communicated and should not be imposed as a hidden obligation.