should the so-called "meal fee" be charged?
Disinfected tableware is tightly wrapped in plastic film
You take out your chopsticks and poke or dig with your hand
Bang
You haven't eaten your meal yet
2 yuan is gone ...
Many people have encountered such a problem when eating out
No one told you that tableware is extra when ordering
Should the so-called "meal fee" be charged by the merchants?
should consumers pay for this?
how to protect rights according to law when encountering such problems?
consumers have been complaining about the "meal fee" for a long time.
No one wants to be a sucker.
How do you know that the store is cheating customers?
There are two main points.
First, does the store take the charging tableware as the only choice?
The relevant laws and regulations in many parts of China clearly stipulate that
restaurants should provide free sterilized tableware that meets the hygiene standards at the same time
Second, when the store provides tableware, did it
actively and clearly tell you the charging standard
without reminding you. When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators. At the same time, the second paragraph of Article 26 of the Law also stipulates that operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc., and shall not use format clauses and technical means to force transactions.
article 4 of the law of the people's Republic of China on the protection of consumers' rights and interests stipulates that business operators should follow the principles of voluntariness, equality, fairness, honesty and credibility when dealing with consumers. Article 9 stipulates that consumers have the right to choose their own goods or services. Consumers have the right to choose their own operators to provide goods or services, choose their own varieties of goods or services, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services. Consumers have the right to compare, identify and select when they choose their own goods or services.
Article 33 of the Food Safety Law of the People's Republic of China clearly stipulates the legal obligations of operators in the catering industry. Food production and operation should meet the food safety standards and meet the following requirements: tableware, drinking utensils and containers for direct food should be washed and disinfected before use, and cookware and utensils should be washed and kept clean after use. Drinking operators provide consumers with tableware and paper towels that meet the national hygiene standards, which is a supporting service project in the catering process, and it is also the legal obligation and incidental obligation of operators, and no additional fees may be charged.
how should consumers protect their rights in such situations?
First of all, when eating out, you should have a certain sense of self-protection. In the face of similar charging services by catering operators, they can make selective consumption after asking the operators. Secondly, if operators have compulsory consumption, they should be brave enough to say "no" to businesses and safeguard their legitimate rights and interests. Finally, if such disputes occur between the two parties, they should first be settled through consultation with the merchants. If negotiation fails, pay attention to retaining relevant evidence such as consumption vouchers, and complain to the Consumer Council, people's mediation and other organizations; Can also reflect to the market supervision and management departments, or bring a lawsuit to the court to safeguard their legitimate rights and interests.