About this summary
A plain summary of the Colombian rules that matter when you buy meals in advance. It is not legal advice, and the terms of your pass are the ones the counter gives you when you buy.
The app is your own log of the pass. It does not replace the receipt or the counter’s record.
Meals paid in advance
The closest official rules for a pass of meals paid in advance are the SIC’s rules for prepaid vouchers (bonos de compra, certificados and tarjetas de regalo). A voucher proves that you paid in advance for a sum or for specific goods or services. It is not money and is not exchanged for cash.
It must be valid for at least one year from the day it is issued or activated. A longer term can be agreed, never a shorter one.
You can use it bit by bit until it runs out or the term ends. Using part of it does not extend the term unless that was agreed, and you must be told so when you buy.
If it is not used in time, what is left may be lost, as agreed when you bought it.
Source: Superintendencia de Industria y Comercio, Circular Única, Título II, numeral 2.18 (added by Circular Externa 6 de 2014) – official text
What the pass should state
Whatever its form, a prepaid voucher must state at least: who issued it; whether it is in your name or for whoever carries it; your name or ID if it is in your name; the goods or services it covers; the date it was issued; the term to use it, including that partial use does not extend it; what happens when it expires; and any exclusions.
The seller must give you a receipt that proves the purchase and have a way to activate, use and check it.
Source: SIC Circular Única, Título II, numerals 2.18.4 and 2.18.5 – official text
A lost pass
A pass for whoever carries it (al portador) can be used by anyone who shows it, and cannot be used without showing it. If it is lost or destroyed before it is used, the person who can prove they bought it may ask the issuer to replace it.
For a pass in someone’s name, if it is lost and the issuer can identify it, the named person keeps the right to use it.
Source: SIC Circular Única, Título II, numerals 2.18.2 and 2.18.3 – official text
Prices and receipts
Prices must be shown in Colombian pesos and include all taxes and extra costs. You only have to pay the price shown, and if two prices appear you pay the lower one.
You can ask for proof of every purchase at the seller’s cost; an invoice or equivalent serves as proof, but not having it does not stop you from claiming your rights.
Source: Ley 1480 de 2011 (Estatuto del Consumidor), articles 26 and 27 – official text
Prices at a food counter
Places that serve food and drinks must show the price of each product on a list posted where you can easily see it or on printed menus. An app or a QR code can only be an extra way to see them, and you must not be asked for personal data before seeing prices.
They must give you an invoice or equivalent document, not a pre-bill or order slip.
Source: SIC Circular Única, Título II, numerals 2.4 and 2.4.3 – official text
Clear terms that stay the same
The general terms of a pass must be explained to you fully and in advance, in Spanish, and be concrete, clear and complete. Terms that fall short have no effect.
A term that lets the seller change the contract on its own or escape its duties is not allowed, and neither is one that lets it keep your money when it does not provide what you paid for, in whole or in part.
Source: Ley 1480 de 2011, articles 37, 38 and 43 – official text
Changing your mind
The legal right of withdrawal (retracto, five business days) applies to sales financed by the seller, timeshares and sales made at a distance or away from the shop. It does not apply to a service that has already started with your agreement.
A pass bought and paid for in person at the counter is usually not one of those sales, so ask the counter about its own refund terms before you pay.
Source: Ley 1480 de 2011, articles 5 and 47 – official text
Your personal data
The name and phone you put in a request are personal data. The business that receives them is responsible for them: it must tell you what it uses them for, keep them secure and answer your queries and claims.
You can know, update and correct your data, ask for proof of your authorisation and complain to the SIC. Under the conditions the law sets, you can also withdraw your authorisation or ask for the data to be deleted.
Source: Ley 1581 de 2012, articles 3, 4, 8 and 17 – official text
Making a claim
You have the right to complete, truthful information about what you buy and how to protect your rights, and to claim directly from the seller, in person or through someone else.
The voucher rules keep all your consumer actions open at any time.
Source: Ley 1480 de 2011, article 3; SIC Circular Única 2.18.3 – official text