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Is it legal for businesses to charge for tea?
Recently, "tea place fee" topic again on the hot search, many netizens have expressed their views.

@Peace of mind: the return of paper towels is the basic operation of the Cantonese, in the teahouse return tea place fee some funny.

@Today well working: curious about a snack price and the menu is different, it turned out to be added 8 yuan tea place fee, and this tea place fee only contains white water with sweet flavor.

@Today earned money: catering caught customers woolgathering, not only to tea place fee but also wet wipes fee.

@Big Grievance Seed: 28 yuan of tea ceremony fee paid to become a big grievance seed.

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In fact, AoYi News has repeatedly received complaints about restaurants charging for tea.

Previously, the Shenzhen market supervision department law enforcement officers to the West Bay oat village in Shenzhen Huaqiang North nine square store for on-site inspection, and found that the company's menu drinks column in the price of "tea 5 yuan / bit" of the project. Law enforcement officials asked the company to comprehensively self-examination and rectification, according to the relevant provisions, do a good job of commodities and services of the marked price, not mandatory charging of tea fees, to strengthen the education and training and improve the quality of service.

What kind of restaurants charge for tea? How much is the price of the tea table fee? What services are included in the fee?

In order to better understand the Shenzhen restaurant tea place fee charges, Ao a news reporter selected a number of well-known chain restaurant brands, covering Chinese, Korean, Vietnamese cuisine; at the same time, these restaurants sampling in Yitian Holiday Plaza, shopping parks, Joyous Center and other stores.

For the convenience of reading, AoYi News reporter will visit the information consolidated into the following table:

AoYi News investigation found that these restaurants tea place fee ranges from 3 yuan per person to 20 yuan per person, most of which are concentrated in the range of 5-10 yuan. Meanwhile, the food and beverage services included in the tea seat fee are similar. In addition to paper towels and tea, some restaurants offer a choice of Guanyin, Pu'er and chrysanthemum tea.

Some netizens pointed out that the tea ceremony fee is an extra income for the restaurant, and the price is not equal to the service.

One news according to calculations found that Tao Taoju, for example, if a store to receive 40 tables of guests per day, each table according to the 4-person seat to calculate the cost of tea, per capita tea to 8 yuan to count, the light of the tea fee this can bring thousands of dollars in revenue.

Is it legal for businesses to charge for tea?

What kind of situation can consumers get a refund?

How can consumers protect their rights?

In fact, the relevant state departments have previously expressly prohibited the "tea table fee".

In November 2014, the Ministry of Commerce issued the "Measures for the Management of Catering Operations (Trial)", which explicitly prohibits catering operators from setting a minimum consumption, and prohibits the charging of "corkage fee" and "tea table fee", etc.

These measures have been adopted by the Ministry of Commerce, which is the first of its kind in the world.

A lawyer believes that the tea ceremony fee can be based on the "People's Republic of China *** and the Protection of Consumer Rights and Interests Act" Article 4, Article 9, Article 10 of the provisions of the rights of operators and consumers to conduct transactions, should follow the principle of voluntariness, equality, fairness, honesty and credit. Consumers enjoy the right to choose goods or services on their own. Consumers have the right to compare, discriminate and select when choosing goods or services on their own. Consumers in the purchase of goods or services, the right to obtain quality assurance, reasonable price, measurement and other fair trading conditions, the right to refuse the operator's compulsory trading behavior.

Lawyer answer

Guangdong Zhongmu Law Firm Zheng Bo En lawyer said: the two sides in the consumption of "tea" before the charge did not reach a consensus in the case of unauthorized charges for tea is a violation of the law, is a direct violation of the consumer's right to know and the right to a fair choice, and a violation of the legal obligations of the clear price list. Legal obligations. Reminder that, even after ordering prompted the need to charge tea matters, but did not inform the specific charges and the consequences of non-payment of tea, also belongs to the violation of the rights of consumers. Charge tea fee belongs to the conclusion of the contract consciousness, in the absence of the consent of the other party, unauthorized collection of the fee is invalid, then the consumer has the right to ask the business to return.