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Is it legal to charge a service charge for eating in a restaurant?
Legal analysis: At present, there is no clear regulation or clause that restaurants can or cannot charge service fees. The price of catering industry belongs to the category of market-regulated price, and enterprises have the right to set their own prices (whether acceptable or not), but the premise is that consumers as service providers should be clearly informed in advance. At present, what the price department can supervise is not whether the service fee can be collected, but whether the service fee is clearly marked. It is unreasonable not to inform in advance. Consumers enjoy nine rights, namely: 1. The right to know the truth. That is, consumers have the right to know the real situation of the goods they buy or use or the services they receive. 2. Choose independently. That is, consumers have the right to choose their own goods or services. Including two aspects: first, there should be sufficient choices for commodity varieties, service methods and their providers; Second, the choice of goods and services and their providers should be free and not forced. 3. Right to personal and property security. That is, consumers have the right to buy goods when their personal and property are threatened. 4. Trading rights. It means that consumers have the right to obtain fair trading conditions such as quality assurance, fair and reasonable price and accurate measurement when purchasing goods or receiving services, and have the right to refuse compulsory trading by operators. 5. Legal claims. The right of claim refers to the right of individuals or collectives to claim compensation when their rights and resources are infringed or lost. 6. Right to know. That is, consumers "have the right to acquire knowledge about consumption and the protection of consumers' rights and interests." 7. The right to establish consumer organizations. It includes two aspects: first, it has the right to ask the state to establish a functional organization representing the interests of consumers; Second, they have the right to establish their own organizations and safeguard their legitimate rights and interests. 8. The right to supervise and criticize means that consumers have the right to supervise the protection of goods and services and consumers' rights and interests. In particular, consumers have the right to participate in the formulation of national consumption policies and related legislation and supervise their implementation. 9. The right to be respected. Consumers have the right to respect their personal dignity and national customs when purchasing, using goods and receiving services.

Legal basis: People's Republic of China (PRC) Consumer Protection Law.

Article 7 Consumers have the right to protect personal and property safety when purchasing and using commodities and receiving services.

Consumers have the right to demand that the goods and services provided by business operators meet the requirements of protecting personal and property safety.

Article 8 Consumers have the right to know the real situation of the commodities they buy or use or the services they receive.

Consumers have the right to require business operators to provide prices, places of origin, producers, uses, performance, specifications, grades, main ingredients, production dates, expiration dates, inspection certificates, instructions for use, after-sales services or the contents, specifications and expenses of services, etc. according to different conditions of goods or services.

Article 9 Consumers have the right to choose their own commodities 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.

Article 48 A business operator who provides goods or services under any of the following circumstances shall bear civil liability in accordance with the provisions of other relevant laws and regulations, except as otherwise provided in this Law:

(a) The goods or services are defective;

(two) the goods do not have the performance that the goods should have and are not explained at the time of sale;

(three) does not meet the commodity standards indicated on the commodity or its packaging;

(four) does not meet the quality conditions indicated by commodity descriptions, physical samples, etc.;

(five) the production of goods explicitly eliminated by the state or the sale of invalid or deteriorated goods;

(six) the number of goods sold is insufficient;

(seven) the service content and fees are in violation of the agreement;

(8) Deliberately delaying or unreasonably refusing consumers' requests for repair, rework, replacement, return of goods, replenishment of commodity quantity, refund of payment for goods and service fees or compensation for losses;

(nine) other circumstances that harm the rights and interests of consumers as stipulated by laws and regulations.

Business operators who fail to fulfill their obligations to protect consumers' safety and cause damage to consumers shall bear tort liability.