The case of the couple attacked in Porto de Galinhas after a disagreement over a beach hut’s bill has once again brought to the fore a common summer question: after all, can huts and kiosks charge for chairs and umbrellas on the beach?
According to Procon-SP, charging is permitted, because the rental of umbrellas and chairs is a service like any other. What cannot be demanded from the customer is a minimum consumption – what the Consumer Protection Code considers as tied selling, an abusive practice consisting of conditioning a product or service on the purchase of another.
To get around this rule, many establishments charge astronomical amounts for equipment rental, and also offer the consumption option, which ends up bringing in more. Although legal, the practice can also be considered abusive if it goes beyond what is reasonable. It is also important that all prices are clearly communicated to customers.
“There are no restrictions on pricing, as prices are not controlled,” explained Procon-SP. “But there are situations which, in theory, could constitute an abuse of the Consumer Protection Code.”
Another very common practice of beach huts is to occupy a large part of the strip of sand early in the morning, thus preventing bathers from setting up there with their own umbrellas and chairs. Once again, although this may seem abusive, this practice is not necessarily prohibited.
“The regulation of commercial and leisure activities on beaches is the responsibility of each town hall, including charging for the use of chairs and umbrellas,” Procon said. “These rules may vary from city to city.”
In Santos, for example, a 2023 decree was updated earlier this month, strengthening the ban on minimum consumption and setting a limit of 15 umbrellas and 60 chairs per cart – a number deemed sufficient to serve merchants’ customers without completely obstructing the strip of sand.
On the beach of Porto da Barra, in Salvador, the issue became controversial in January this year. The town hall even restricted the work of the merchants who filled the strip of sand with umbrellas, but soon after they resumed their normal activity.
In October, a bill approved by the municipal council of the capital of Bahia stipulates that umbrellas and chairs can only be placed on the sand of Porto da Barra beach at the request of citizens. Otherwise, bathers can use the structure for free. The bill now awaits the sanction of Salvador Mayor Brunos Reis (União Brasil-BA). According to him, the case only regulates a rule already applied by the town hall.
However, on social networks, bathers continue to complain that the beaches of Porto da Barra and Farol da Barra are still full of umbrellas in the morning. In these cases, Procon’s recommendation is to use the contact channels with the town hall to formally report the situation.
In Florianópolis, in Santa Catarina, since November, a decree of the municipal council has also established a series of rules to order the occupation of the beaches. Among them, the maximum limit for placing tables, chairs and umbrellas is half of the sand strip, starting from the highest tide line of the day. Establishments also need administrative authorization to offer the service.
To try to contain price gouging on the beaches, the city of Florianópolis also created the Manézinho dish, a dish made from fish, rice, fries and a drink for a fixed price of R$40. All permit holders operating on the island’s coastline are required to offer this option.
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