you can ask for replacement or refund if you eat foreign objects in restaurants, and the compensation for food can be given priority according to the standard of 11 times. Consumers who have suffered personal or property damage as a result of purchasing or using commodities or receiving services have the right to compensation according to law. Consumers can claim compensation for damage, and demand compensation of ten times the price or three times the loss. If the amount of increased compensation is less than 1,111 yuan, the compensation shall be 1,111 yuan. If it is enough to cause serious food poisoning accidents or other serious food-borne diseases, the producer may be investigated for criminal responsibility.
How to deal with foreign objects eaten in restaurants:
First, protect the scene. The tableware and meals that are best consumed can be kept as they are. Don't be impressed from the moment when the problem is discovered. Consumers should stay at the scene and wait for the staff of law enforcement departments to arrive;
the second is fixed evidence. That is, taking videos or photos. This should be done on the basis of the first point, because the videos or photos taken by consumers themselves are more for reference. When taking pictures, you should not only take pictures of food with foreign objects, but also take pictures of the logo and environment of the restaurant. You can take more pictures.
the third is to keep and ask for documents. The first is the order document, which the consumer had better keep in time; Secondly, no matter whether the two parties negotiate successfully or not and what the negotiation plan is, consumers should ask for certain consumption documents, so as to ensure that there will be adverse reactions after eating, and the restaurants involved will not deny it.
How to protect the rights when eating foreign objects in catering:
1. Regarding the view that consumers "eat foreign objects when eating, how to compensate", the staff of Consumers Association think that foreign objects such as hair and mosquitoes in food are food quality problems. According to the relevant provisions of the Consumer Protection Law, hotel operators should exchange or return goods according to the requirements of consumers, but specific problems can be solved through negotiation. At the same time, consumers should keep good food samples and proof of eating, and complain to consumers' associations, industry and commerce, health departments and health supervision departments in time. So that the relevant departments can inspect and punish the hotels that have problems. If there is an adverse reaction after eating, you need a hospital certificate (such as medical records and outpatient records), and the hotel will be responsible for the related expenses such as medicine.
2. In addition, the staff of Consumers Association reminded that it is also the best measure to protect rights to ask the restaurant for a certificate rationally when encountering such problems. For the problem of foreign bodies in meals, most treatments are "free of charge", but restaurants should take full responsibility for the health problems caused by foreign bodies afterwards. "But in practice, the restaurant shirked its responsibilities afterwards. In this case, there must be a hospital diagnosis and evidence of eating in a restaurant.
3. In case of disputes over consumers' rights and interests between consumers and business operators, they can be resolved through the following channels:
(1) settlement through consultation with business operators;
(2) requesting consumers' associations or other mediation organizations established according to law to mediate;
(3) complain to the relevant administrative department;
(4) submit it to an arbitration institution for arbitration according to the arbitration agreement reached with the operator;
(5) bring a lawsuit to the people's court.
Legal basis: Article 126 of the Food Safety Law of the People's Republic of China
A food business operator who has fulfilled the obligations of incoming goods inspection stipulated in this law and has sufficient evidence to prove that he does not know that the purchased food does not meet the food safety standards and can truthfully explain the source of the purchased food can be exempted from punishment, but the food that does not meet the food safety standards should be confiscated according to law; If it causes personal, property or other damage, it shall be liable for compensation according to law.