Relevant laws and regulations in many parts of our country clearly stipulate.
Although restaurants provide paid tableware,
It is also necessary to provide sterilized tableware that meets the hygiene standards for free.
Second, when the store provides tableware,
Did you take the initiative to tell you the charging standard clearly?
Did not fulfill the obligation of reminding and informing.
Customers have the right to refuse to pay.
There are many names of invisible expenses, and compulsory consumption requires rights protection.
Article 10 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests stipulates that consumers have the right to fair trade. When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators. At the same time, the second paragraph of Article 26 of the Law also stipulates that operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , shall not use format terms and technical means to force transactions.
Article 4 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests stipulates that business operators should follow the principles of voluntariness, equality, fairness, honesty and credibility when dealing 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.
Article 33 of People's Republic of China (PRC) Food Safety Law clearly stipulates the legal obligations of catering operators. Food production and marketing shall conform to food safety standards and meet the following requirements: tableware, drinking utensils and containers directly containing food shall be washed and disinfected before use, and cookware and utensils shall be washed and kept clean after use. Drinking operators provide consumers with tableware and paper towels that meet the national hygiene standards, which is a supporting service project in the catering process, and it is also the statutory obligation and incidental obligation of operators, and no additional fees may be charged.
How should consumers protect their rights in this situation?
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.