Lawyer Min Lingbo of Guangdong William. J law firm also believes that catering operators have no right to charge consumers for meals. This violates consumers' right to know, to choose and to fair trade when buying goods or receiving services.
Min Lingbo analyzed that Article 4 of the Law on the Protection of Consumers' Rights and Interests in People's Republic of China (PRC) stipulates that business operators should follow the principles of voluntariness, equality, fairness, honesty and credibility when conducting transactions 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 choose their own goods or services.
There are many names of invisible expenses, and compulsory consumption requires rights protection.
In fact, some catering enterprises charge tableware, tableware disinfection, tea table, paper drawing, bottle opening and private room fees in addition to table fees. Especially the charge for disposable tableware, some customers spit out a pair of disposable tableware, 2 yuan, and even charge when not in use, which seems to be the "convention" of some restaurants.
YVES believes that it is illegal for the catering industry to collect various hidden fees such as tableware fee, tableware disinfection fee, coffee table fee and paper drawing fee. Article 33 of the Food Safety Law of People's Republic of China (PRC) clearly stipulates the statutory obligations of catering operators. Food production and operation shall conform to food safety standards and meet the following requirements: tableware, drinking utensils and containers containing direct food shall be cleaned and disinfected before use, and cookware shall be used.
In this regard, Min Lingbo analyzed that due to the corresponding provisions in Article 33 of the Food Safety Law, it is a supporting service project in the catering process for catering operators to provide tableware and paper towels that meet the national hygiene standards to consumers, and it is also the statutory obligation and incidental obligation of operators, and no additional fees may be charged.
"For catering enterprises and operators, the taste of dishes is of course important, and integrity and service are the king of a century-old shop." YVES said.
How should consumers protect their rights in this situation? Min Lingbo suggested that, first of all, when eating out, you should have a certain sense of self-protection. In the face of similar charging services provided by catering operators, they can make selective consumption after asking the operators.
Secondly, if operators have compulsory consumption, they should have the courage to say "no" to businesses and safeguard their legitimate rights and interests.
Finally, if such disputes occur between the two parties, they should first negotiate with the merchants to solve them. 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; You can also report to the market supervision and management department, or bring a lawsuit to the court to safeguard your legitimate rights and interests.