restaurants are forced to scan the code to order food

When consumers eat in restaurants, some restaurants do not provide manual ordering or even on-site menus, and consumers can only scan the code to order food after paying attention to WeChat official account or applets. Because of the complexity of smart phone operation, scanning code for ordering food is not universal. The elderly and minors often need the assistance of others to complete it, and there may be problems such as personal information disclosure and even payment security behind the code scanning.

legal basis: infringement of consumers' right to fair trade. The first paragraph of Article 11 of the Consumer Protection Law stipulates that consumers have the right to fair trade. Paragraph 3 of Article 16 stipulates that: when providing commodities or services to consumers, business operators shall abide by social morality, operate in good faith and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced.

suspected of over-collecting consumer personal information. Article 111 of the Civil Code stipulates that the personal information of natural persons shall be protected by law. Any organization or individual who needs to obtain other people's personal information shall obtain and ensure the information security according to law.

article 29 of the law on the protection of consumers' rights and interests stipulates that operators should follow the principles of legality, justness and necessity when collecting and using consumers' personal information, clearly state the purpose, method and scope of collecting and using information, and obtain the consent of consumers.

Comments: Restaurant operators do not provide manual ordering service, but only scan the code to order food, which not only violates business practices, but also makes on-site dining consumers only pay attention to or bind the operator's WeChat official account or applet and passively authorize the operator to obtain his personal information. This practice infringes on consumers' fair trading rights, and it is a kind of compulsory trading behavior for on-site dining consumers by setting unfair and unreasonable trading conditions.

when consumers eat in restaurants, it is not necessary to provide mobile phone number, birthday, name, geographical location, address book and other information unrelated to food consumption. Some restaurants no longer provide manual ordering, requiring on-site dining consumers to pay attention to WeChat official account or applets first, and then scan the code to order food, so as to obtain consumers' personal information, which not only violates the legal, legitimate and necessary principles of collecting and using personal information, but also is suspected of excessive collection of consumers' personal information. If it is not properly kept, consumers' personal information may be leaked or lost.

the operator refused to provide the service

the consumer bought the service of the merchant by group purchase, but the merchant refused when making an appointment because the number of people reserved was full and exceeded the reception capacity of the merchant. When negotiating the date of use with consumers, they shirked providing the agreed service for various reasons. In the end, the group purchase coupons purchased by consumers "hit Shui Piao".

legal basis: article 53 of the law on the protection of consumers' rights and interests stipulates that if an operator provides goods or services in advance, it shall provide them as agreed. If it is not provided in accordance with the agreement, it shall fulfill the agreement or return the advance payment according to the requirements of the consumer, and shall bear the interest of the advance payment and the reasonable expenses that the consumer must pay.

comments: after consumers pay to participate in the group purchase activities of merchants, merchants should provide goods or services to consumers according to the quantity and quality, price or expenses, time limit and method of performance, after-sales service and other contents agreed at that time. If it fails to provide it according to the agreement, it shall fulfill the agreement or return the advance payment according to the requirements of the consumer, and shall bear the corresponding interest and reasonable expenses that the consumer must pay.