Consumer rights explained: Can a retailer charge for topping up a prepay gas card?
Q: I always top up my prepay gas card in my local grocery shop. Last week I actually checked the receipt and saw they’d added a 50c transaction fee. I’m not sure if this is the first time or has always been happening because I’m usually buying a few other bits and, to be honest, I don’t really look at the receipt. When I asked the person at the till, they said the shop charges a fee for all top up services. But there was no sign anywhere in the shop telling customers of this charge, and the only place it showed up was on the receipt after I’d already paid. Are they allowed to do that?
Veronika, Louth
Under consumer rights law, before you pay for goods or services in store or online, you must be clearly informed of the total price, including any charges or fees, so you can shop around and make informed decisions. This information can be given verbally in store or displayed on a sign, but it must be clear and available before the transaction is completed. This includes services such as topping up prepay gas cards.
Some businesses apply a service fee for processing top-ups themselves. However, under the second Payment Services Directive retailers and service providers cannot charge you an extra fee or surcharge just for paying with a credit or debit card. If this 50c charge is specifically a fee for the top-up service, and not linked to the means of payment, then it may be permitted. But the trader still must tell you in advance to allow you to make an informed decision before you decide to complete the transaction.
In this case, the key issue is whether the shop made the fee known before you handed over your card or cash. If the fee only appeared on the receipt afterwards, and you weren’t told about the full cost in advance, that is against the law.
I would advise following up with the shop and asking them to clarify what the fee relates to and why it was not displayed or communicated in advance of payment. If you believe the fee wasn’t explained in advance, you can make a formal written complaint to the business outlining your concerns and referencing your consumer rights.
While the law does not give you an automatic right to a refund in this situation, you can ask the business to refund the undisclosed fee as a matter of good customer service and request that they make their pricing information clearer for customers.
If the business does not resolve the issue or you are not satisfied with their response, you can report the company to the CCPC and you may have to decide to take your custom elsewhere.
