Generator surcharge in cafés: is it legal for establishments to add markups during blackouts 6 November 2026
Kyiv • UNN
Cafés may factor the cost of operating a generator into the price of goods. A separate charge for its operation on the receipt may raise questions from the tax authorities.
During power outages, some cafés and restaurants add a separate charge for generator operation to customers’ bills. At the same time, questions arise as to whether establishments have the right to charge such an additional fee and whether they can determine its amount independently. Ihor Harbaruk, an economist and member of the Economic Discussion Club, told a UNN journalist more about how pricing works under current market conditions.
Can cafés raise prices because of generator operation
According to the expert, food-service establishments can indeed set prices for their products independently. Owners take their own expenses into account, including those arising from the need to operate during power outages.
"If something is not prohibited by law, then it is accordingly permitted by law. When you come to a restaurant or café, you are charged a certain price for a cup of coffee or a unit of food. If you do not agree with the price at which it is being sold, you simply do not buy it. These are the laws of the market," the economist explained.
He noted that entrepreneurs are not obliged to operate at a loss. Instead, using a generator increases an establishment’s expenses, so the owner may take them into account when determining the price of products.
"What is better for a business entity—the owner of that café—to go bankrupt, taking into account the amount of fixed expenses, or to continue working, but under such conditions? These are absolutely normal things under ordinary market conditions. No one can force anyone to trade or provide services at a loss," Ihor Harbaruk stressed.
Is it legal to charge a separate fee for a generator
At the same time, the economist drew attention to the difference between raising the price of products and charging separately for generator operation. In his opinion, an establishment may set a higher price for coffee or food, but specifying an additional percentage on the bill specifically for the generator is a questionable practice.
"There is the price of the product. They can simply set it at, say, 100 hryvnias, while someone else will set it at 110 hryvnias. And that is absolutely normal. But as for listing generator services separately—they do not have such a calculation, and I think the tax authorities will have questions for them," the expert said.
The expert compared this situation to an additional service charge in restaurants. He noted that an establishment’s expenses should be taken into account when setting the price of goods and services, rather than automatically being passed on to the customer through separate payments. At the same time, the final legal assessment of such a payment arrangement should be made taking the relevant documents into account.
"When you go to a restaurant and they write 15% for service at the bottom. I’m sorry, but I did not order service. These are your internal expenses; they should be covered by the enterprise’s own expenses. Therefore, in my view, this is definitely not legal," the expert said.
Ihor Harbaruk also emphasized the role of the state in supporting entrepreneurs during the energy crisis. In his opinion, separate assistance programs are needed for large, medium-sized, and small businesses, which would allow establishments to operate during power outages.