Beaches: Will those who fail to comply with the rules in concession areas be fined?

Beach concessions have sparked considerable debate, particularly over the placement of beach umbrellas in concession areas. But can people actually be fined for failing to comply with the rules governing these spaces?

"When a consumer rents a parasol, beach hut, sun lounger or other equipment, a contract is entered into between the user and the concessionaire. Under that contract, the user is subject to certain obligations, and any breach of those obligations may result in penalties—either because specific rules apply to the use of the concession area or through penalty clauses (often commonly referred to as contractual fines)," Sara Peixoto, a lawyer at Dower Law Firm, told Notícias ao Minuto.

She noted that these rules must "be set out in the contractual terms and conditions and communicated and explained to the consumer in advance."

"In addition, where such clauses are excessive, unfair or contrary to the principle of good faith, they may be deemed null and void," she added.

As for the use of the beach itself, Peixoto stressed that "the general rule is that concessionaires cannot simply impose rules on people who are merely using the beach."

This means that concessionaires are only entitled to manage the licensed concession area, and "the boundaries of those areas must be clearly and visibly marked on site for beachgoers, particularly through appropriate signage."

"Therefore, the rights granted to concessionaires apply only to the concession area and not to the entire beach. Any restrictions they impose must be limited to the concession area and must always comply with the limits established by law," she concluded.