Your first merchant statement lands, you find the fees column, and the obvious fix jumps straight out: add the card fee onto the bill. The straight answer on card payment surcharge UK rules is no. For consumer debit and credit cards itâs been banned since January 2018. There are legal alternatives though, and shrinking the fee itself is one of them.
TL;DR
- Charging a customer extra for paying by consumer debit or credit card has been banned in the UK since 13 January 2018. Handling fee, processing charge, convenience fee: the name makes no difference.
- Commercial and corporate cards sit outside the ban, but spotting one at the till is harder than it sounds.
- Minimum spend and building the cost into your headline prices are two legal routes open to a small shop.
- Charge it anyway and customers can complain, you should expect to refund the fee, and Trading Standards can act.
- Since you canât pass the fee on, shrink it. Taking 0.3% off your rate on ÂŁ8,000 a month is ÂŁ288 a year back in your pocket.
The short answer: you canât add a card fee to a consumerâs bill
No. If the person in front of you is a member of the public paying with a personal debit or credit card, you canât charge them extra for using it. Not 50p. Not 1.5%. Nor a 30p charge on card payments under a tenner. Itâs been off the table across the UK since 13 January 2018.
The rule lives in the Consumer Rights (Payment Surcharges) Regulations 2012, tightened in 2018. Before then you could add a fee, as long as it didnât come to more than the payment genuinely cost you. That door is shut. For consumer cards you canât add one at all.
It catches more than the obvious wording. A âcard handling feeâ is a surcharge. So is a âprocessing chargeâ, a âconvenience feeâ, or a booking fee that only appears once the customer picks card at the checkout. Giving it a friendlier name changes nothing. What counts is whether the customer ends up paying more because of how they chose to pay.
And no, a sign doesnât fix it. Owners assume that being upfront makes the fee fair, so a laminated notice by the till must solve it. It doesnât. Being open about something youâre not allowed to do only makes it easier to prove.
What the surcharging ban actually covers
The ban applies to you as the seller, not to your provider. Size doesnât matter. CafĂ© with one countertop terminal, plumber taking payment on a phone, shop with a full till system: the rule is the same. If youâre selling to a consumer in the UK and they pay by personal debit or credit card, you canât charge extra for the card.
It covers in-person sales, phone payments and online checkouts equally. A payment link you text to a customer is caught the same way a chip-and-pin sale at the counter is. The ban also reaches several electronic payment services beyond plain card payments, so a workaround built on a different rail usually isnât the escape hatch it looks like.
A small number of payment types do sit outside it. Commercial cards are the main one. Where a charge is still permitted, itâs capped at what that payment genuinely costs your business, and you should make it clear before the customer commits. You canât round it up to a neat 2% because the maths is easier that way.
The regulation itself is short and readable, and itâs the thing to check before you print anything: Regulation 6A of the Consumer Rights (Payment Surcharges) Regulations 2012. What follows here is how the rules land in a small shop, not legal advice. Planning anything unusual? Get someone qualified to look first.
The commercial card exception, and why it rarely helps a small shop
Hereâs the carve-out everyone hears about. The ban is written around the card rather than the buyer, so commercial and corporate cards (the ones issued to a business rather than an individual) sit outside it. A sale to another business paid on an ordinary debit or credit card is still caught. In theory you can pass the cost on for a commercial card, capped at what that payment costs you.
In practice, it rarely earns its keep in a café or a salon. Three reasons.
First, you have to know itâs a commercial card before you take the payment, not after it settles. Check whether your terminal or till can flag the card type at the point of sale, because a customer standing at the counter with a queue behind them isnât going to enjoy the delay while you work it out.
Second, the volume may not be there. If a handful of your sales a month are on company cards, youâre building a process for pennies.
Third, any charge you do apply still has to be capped at your actual cost for that transaction, and you should make it clear before the customer commits. Your merchant agreement may restrict it anyway. If most of your takings come from business customers on commercial cards, itâs worth a proper look. If youâre a takeaway on a Friday night, forget it.
Minimum spend: the route most small shops take
A minimum spend isnât a surcharge. Youâre not adding anything to the price. Youâre setting a condition on when youâll accept a card at all. The surcharge regulations donât ban that, which is why some shops still ask for a minimum on card.
Two things to check before you print the sign. Your merchant agreement comes first: it may restrict a minimum card spend, so read yours or ask your provider directly. Second, the number should be visible before the customer orders, not sprung on them at the card machine. Put it at the door, at the counter and on the menu, and keep it the same number in all three places.
Set it against your real cost floor rather than a round number that feels right. On a ÂŁ2 sale, a per-transaction fee of a few pence plus your percentage is a meaningful slice of a thin margin. On a ÂŁ15 sale itâs noise. Work out where your break-even actually sits and set the threshold just above it.
Be honest about the cost too. Some customers may walk. Others may add something they didnât want to reach the minimum. A minimum is a blunt tool, and it works best where your average spend already sits near the threshold.
Build the cost into your prices instead
This is the boring answer, and itâs the one that holds up. Card acceptance is a cost of trading, the same as your rent, your bin collection or your till roll. You donât itemise those on the bill. You price so theyâre covered.
Nothing stops you raising your prices. The regulations govern charging extra for a payment method, not what you charge for the thing youâre selling. A headline price that quietly absorbs your card cost is completely legitimate, and the customer sees one number they can actually pay.
Worked example: Average sale ÂŁ12, card rate 1.6%. Thatâs 19p a sale. At 400 card sales a month youâre absorbing roughly ÂŁ77. Add 20p to a couple of your highest-volume lines and itâs covered. Nobody at the counter has to be told about a card fee.
One caution. Donât advertise one price and charge another. If your menu says ÂŁ3.00, the customer pays ÂŁ3.00 whichever way they tap. Build the cost in before the price goes on the board, not after the order goes in.
The cash discount grey area
Offering a discount for paying a particular way is a grey area. Itâs the opening people reach for when they hear surcharging is out.
The trouble is what usually gets built. Two prices go on the board, the card price is the price you were always going to charge, and the âcash discountâ is a surcharge wearing a better jacket. If your card price is above your normal price, youâve built a surcharge.
If you want to reward cash, do it properly. Set one genuine list price youâd honour for any customer, then discount from it, and keep the discount in proportion to what handling cash actually saves you. Dual pricing also causes friction at the till, and it invites the one conversation nobody in hospitality wants during a lunch rush. Itâs one of the few areas here where the line depends on your exact setup, so get advice before you commit.
What happens if you charge it anyway
Two things, and the first one is refunds. A surcharge the regulations ban isnât something you should hold on to, so expect to refund it, and that applies to every customer you charged, not only the one who complained.
The second is enforcement. Trading Standards handle these regulations and can take civil enforcement action against a business that keeps charging. A single complaint is enough for an enforcement authority to look at what youâve been charging.
Thereâs a commercial cost on top. A âcard feeâ line on a receipt can end up in a one-star review. Your merchant agreement may prohibit surcharging outright too, separately from the law.
The honest summary: the upside is a percentage point or two, and the downside is refunds, an enforcement letter and a review you canât delete. Not a good trade.
If you canât pass the fee on, cut the fee
This is the part worth your afternoon. You canât move the cost onto the customer, so the only lever left is the cost itself.
Run the numbers on your own takings. On ÂŁ8,000 a month of card sales, a rate of 1.6% costs you ÂŁ128. At 1.3% itâs ÂŁ104. That 0.3% is ÂŁ24 a month, ÂŁ288 a year, if a switch gets you that rate.
The percentage is only half the story, mind. Authorisation fees, a minimum monthly service charge, PCI fees, terminal rental and a higher rate on commercial or rewards cards all sit underneath the headline number, and theyâre where a cheap-looking deal often stops being cheap. Weâve broken those down in the hidden costs of card machines in the UK, and thereâs a full price breakdown in how much a card machine actually costs.
Check your contract before you do anything else. If you signed a long term, you may not be able to switch yet. Rolling monthly deals with no long contract do exist. Weâve listed who still offers them in card machines with no long contract. If youâre out of contract or close to it, switching without downtime is worth a look.
FAQs
Can I apply a card payment surcharge in the UK if I display it clearly?
No. For consumer debit and credit cards the charge is banned outright, so displaying it doesnât make it lawful. The 2018 ban replaced the old cost-based cap.
Can I charge a fee to a business paying on a company card?
Commercial and corporate cards sit outside the ban, so a charge is generally possible there. It still has to be capped at what that payment actually costs you, you should make it clear before the customer commits, and your merchant agreement may restrict it anyway.
Is a ÂŁ5 minimum spend on card legal?
A minimum spend isnât a surcharge, so the surcharge regulations donât ban it. Check your merchant agreement and card scheme rules first, and make sure the sign is visible before the customer orders rather than at the card machine.
What about a service charge on a restaurant bill?
A service charge applied to every customer regardless of how they pay isnât a payment surcharge, so itâs a different question entirely. It becomes a surcharge the moment it only lands on people paying by card.
