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Is it the responsibility of the merchant if the customer burns himself carelessly?

The obligation of safety and security is a legal obligation. Restaurant operators have a certain scale and scope for the obligation of safety and security of dining consumers. If operators violate the legal standards of safety and security obligations, they should bear corresponding civil liabilities. According to the judicial interpretation, we can know that the hotel can't prove that it has done enough and reasonable duty of care when providing services, and has taken necessary preventive measures, nor can it prove that the damage is caused by the guests themselves, so the hotel should bear the responsibility for the burns caused by the guests while eating in the hotel.

Seven hidden rules in the catering industry:

The hidden rule-setting "special charges" without telling

the minimum consumption, private room charges, service charges, etc. is a common special charge item in the catering industry, which has become the practice of the industry; These charges are often not told to consumers in advance, which makes consumers deceived. According to the provisions of the Consumer Law, the "minimum consumption, room charge and service charge" unilaterally stipulated by restaurants are equivalent to special charges, and specific items and standards must be disclosed in the store, otherwise consumers' fair trading rights and choices will be violated.

hidden rule 2 tableware disinfection fee

it is becoming more and more common for restaurants to charge extra tableware disinfection fee. According to the relevant laws and regulations, it is the legal obligation of catering operators to ensure the safety of consumers' meals. Among them, dining safety should include food, environment, tableware and the health of service personnel. Some catering operators outsource "tableware cleaning and disinfection" business, and then pass the related costs on to consumers, and some even make more profits from it.

hidden rule 3: free tea is refurbished for old tea

according to the disclosure of relevant departments, the tea given away for free in some restaurants is actually "low-grade tea", which not only contains excessive pesticide residues and heavy metals, but also contains a lot of dust, so consumers should carefully identify it before drinking. It is understood that an important source of "low-grade tea" is the crushed powder screened during the renovation of old tea in tea farms, which is actually "leftovers". Some people specially buy these tea scraps, sell them to tea wholesale markets or tea shops, and finally flow into the catering sector.

unspoken rule 4: Bottle opening fee should be charged for self-brought drinks

Consumers bring their own drinks, and quite a few restaurants and restaurants charge a bottle opening fee of tens or even hundreds of yuan. The items and standards of corkage fees are usually not clearly stated in the shop, dining table or menu, but are usually told orally by restaurant service personnel, and some of them are even added to the bill secretly, which infringes on consumers' right to know and choose.

unspoken rule 5: You can't issue an invoice at a discount

In order to win the initiative in the competition and evade the taxes and fees that should be paid according to law, restaurants and restaurants have their own unique tricks. Some operators attract consumers with discounts on consumption, and they can't ask for invoices when they offer discounts at checkout; Some operators offer discounts if they don't want invoices when consumers check out. In order to spend less money, consumers usually give in.

The hidden rule of six paper towels and snacks is vague

Consumers often encounter situations in restaurants: as soon as they sit down, the service staff enthusiastically delivers paper towels, pre-meal snacks and tea. In fact, in most cases, these are charged, and some pre-meal snacks and tea are even expensive. However, as long as consumers don't take the initiative to ask, the service staff usually don't explain, and even most restaurants, dining tables and menu items don't clearly indicate such charging items and standards. Consumers can only find out if they carefully check the bill when checking out.

hidden rule 7 straw is sold as seafood

when processing seafood, it has become a common practice for most restaurants and restaurants to weigh seafood together with bundled straw. Don't underestimate this straw. The straw soaked by water usually accounts for 1-31% of the weight of seafood. If it is 71-81 yuan or even 111 yuan per catty of seafood, consumers will have to spend 21-31 yuan more on straw per catty, which has become the unspoken rule of the catering industry.