Eating out in a fast-paced life is frequent. Have you ever noticed the "overlord clause" in food consumption? For example:
1. "We refuse to bring our own drinks" and "It is forbidden to bring foreign food in"
Comments: According to Article 9 of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, "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. "
therefore, this clause infringes on consumers' right to choose their own goods or services.
2. "The minimum consumption of boxes in our store is XX yuan"
Comments: Article 12 of the Measures for the Management of Catering Industry (Trial) stipulates that "catering operators are prohibited from setting minimum consumption." Because the store announcement violates the corresponding laws and regulations, it limits the rights of consumers. According to the regulations, catering operators can be fined less than 3 times the illegal income and not more than 31 thousand yuan if they set a minimum consumption.
III. "The cost of sterilizing tableware in our store is RMB X/set"
Comments: Paragraph 2 of Article 56 of the Food Safety Law stipulates: "Catering service providers shall clean and disinfect tableware and drinking utensils as required, and shall not use tableware and drinking utensils that have not been cleaned and disinfected; If the catering service provider entrusts the cleaning and disinfection of tableware and drinking utensils, it shall entrust a centralized disinfection service unit for tableware and drinking utensils that meets the conditions stipulated in this Law. " Providing clean and sterilized tableware is the obligation of catering operators, and this obligation should not be passed on to consumers, and tableware disinfection fees should be charged in disguise.
iv. "Please take good care of valuables, and our store will not be responsible if they are lost."
Comments: Paragraph 2 of Article 18 of the Consumer Protection Law stipulates that "operators of hotels, shopping malls, restaurants, banks, airports, stations, ports, theaters and other business places should fulfill their obligations of safety protection for consumers." Security obligation is a legal obligation that hotel operators should undertake. The shop notice belongs to the standard clause that exempts the operator from the obligation of safety and security. Unless the operator can prove that he has fulfilled his security obligations, such as necessary personnel on duty, video surveillance installation, etc., consumers still need to bear certain responsibilities for the loss of property, and cannot be "not responsible".
the above are the overlord clauses clearly informed by means of notices and store announcements, and consumers should pay attention to them before consumption. At present, the form of scanning code ordering is more common in the catering industry, and the consumption trap similar to the above-mentioned overlord clause may be encountered in the process of scanning code ordering, such as: default selection of paid paper towels, paid disinfection tableware, paid disposable tableware, etc., and you must keep your eyes open during the consumption process. The above-mentioned overlord clause or invisible compulsory consumption behavior of the operator, or the clauses suspected of being illegal or unfair in format, can be reported by reporting the situation to the Consumer Council or calling 12315 if the consumers' rights and interests are damaged and cannot be resolved through consultation; If the claim for direct economic losses is fruitless, you can also safeguard your legitimate rights and interests through judicial channels.