Source: China News Agency
Author: Xie Yiguan
Recently, a college student in Shijiazhuang, Hebei, China encountered a cost of 1 yuan (RMB, the same, S $ 0.19) while eating at the restaurant, so he packed all the four sets of tableware away.After the incident was reported, the "Table Toll College Student Pay 1 yuan to take away" directly on Weibo Search.
Coincidentally, because of each set of tableware for the restaurant's disinfection of 1 yuan, a college student in Zibo, Shandong believes that the cost is unreasonable, and take away the tableware used by the charging, which has also caused heated discussion among netizens.
In daily life, the phenomenon of "tableware fees" is common, and it is even considered to be "consumer hidden rules".Now that consumers have frequently "rectified", whether the "tableware fee" should be charged and became the focus of public opinion.
Tolls of "invisible" tableware
The so -called "tableware fee" is the cost of use of disposable tableware bags or disinfection tableware, which is usually charged with meals.Although it is mostly one or two yuan, many consumers have questioned, "Obviously paying for meals, why do you still need to charge 'tableware fees'?"
Recently, the silent (pseudonym) of living in Shenzhen was charged for "tableware" and "pierced" a restaurant.
"We are paper -oriented. Except for the price of dishes, we cannot see other toll projects. But when we pay for it, the waiter asked if there was a tableware. After paying, I found that the tableware and paper towel fees were charged a total of 4 yuan.In silence, the meal fee can be given refreshing, and the cost of tableware and paper towels is a bit excessive.
According to her memories, the store did not remind the charges, nor did it provide free tableware.
From the feedback from a number of consumers, it is not uncommon for tableware to charge for meals.
Zhongxin Financial reporter consulted a number of merchants who charged tableware costs.Judging from the merchant's reply, although it will actively provide tableware bags including disposable chopsticks, paper towels and other supplies, if you do not want to use it, you can ask the waiter to replace it with free tableware.
But when many people dine, if you do not see the free tableware, you often choose to eat "dumb losses" without the waiter's notification, and use tableware with cost.
"Tableware fee" should it be charged?
The "tableware fee" that does not wait for one yuan to a few yuan is not worth mentioning compared to hundreds of thousands of meals. Consumers will not choose to talk carefully with the merchant.The atmosphere of the merchant charges such costs.
In response to this, the Jiangsu Provincial Consumer Protection Commission has stated that although the phenomenon of collecting "tableware fees" is commonplace, it does not mean reasonable and legitimate.The Food Safety Law of the People's Republic of China did not prohibit merchants from collecting "tableware fees", but it is obviously unreasonable to pass the operating costs of "tableware" to consumers in the name of "tableware fee".
Yan Bing, a senior partner of the Beijing Times Jiuhe Law Firm, believes that catering operators can provide paid tableware under the premise of consumers' knowledge and voluntary, Article 8 and 9 of the Consumer Rights Protection Law of the People's Republic of ChinaThe consumer's right to know and independent choice is clearly clarified.However, merchants should provide free tableware that meet the food hygiene standards at the same time, and their jurisprudence is based on the "attachment obligation of contracts."
"Article 509, paragraph 2 of the People's Republic of China stipulates: 'The parties shall follow the principle of integrity and perform the notice, assistance, confidentiality and other obligations according to the nature, purpose and transaction habits of the contract.Article 11 (5) stipulates: 'If the parties are not clear about the content of the contract, and the following provisions are still not determined, the following provisions are applicable: if the performance method is not clear, it is fulfilled in accordance with the purpose of achieving the contract./P>
"As a long -established catering culture country, China has a relatively common and unified understanding of the way of eating and the required tableware. If consumers and operators have a contractual relationship, then the tableware is obviously to realize the contract for the contract."Based on this," based on this, Yan Bing believes that the operator to provide free tableware is an inevitable obligation to achieve the purpose of catering service contracts.
The reporter noticed that in the face of controversial tableware charges, local regulations such as Hubei, Jiangsu, Hebei, and Jilin Province have made various explorations to protect consumers' rights.
For example, in the regulations on the protection of consumers' rights and interests in Hebei Province, it is clear that they must not charge or disguise the disguised fees, disinfection tableware fees, and bottle opening fees that do not meet the prescribed fees;It is clearly notified that it is not allowed to charge.Operators who use a concentrated disinfection set tableware should provide free tableware for consumers to choose from at the same time.
But the Jiangsu Provincial Consumer Protection Commission also mentioned that, given that the laws and regulations are relatively vague, the regulations and regulations of various localities and regulations in practice are different. In terms of collecting "tableware fees", merchants should fully protect consumers' right to know and choose the right to choose.If there are "tableware fees", you should inform them in advance that the price is clearly marked instead of concealing, and "backbone" consumers in the final bill.
Can consumers refuse to pay or take them away?
Facing the "tableware fee" received by the merchant, more and more people now choose to say "no" bravely.
Some netizens shared it, "I used to go to a seafood barbecue restaurant before eating, and a tableware bag asked for 2 yuan. When checking out, it was unreasonable to tell the boss that the" tableware fee 'is unreasonable.Many people were also rejected when they demanded "tableware fees".
In Yan Bing's view, consumers have the right to refuse to pay if the merchants are not reminded or notified in advance."In some regions with clear local regulations, operators will collect 'tableware fees' illegal regulations, and they may also face a fine of thousands of or even tens of thousands of yuan."
The China Consumers Association has also expressed clearly on the charging problem of disposable disinfection tableware. Some catering companies charges supporting services for supporting services. In essence, it is in disguise to reduce service standards and cause consumers' fair trading rights.The integrity of the catering industry, so consumers have the right to say "no" to toll tableware.
If the "tableware fee" has been paid, can the customer take away the tableware?Wei Wei (a pseudonym) in college students told reporters that when eating chicken boils, she was charged with "tableware fees" and wanted to take away the tableware. It was blocked by the store and said that it was only paid for the tableware.
In this regard, Yan Bing believes that Wei Wei uses plastic film packaging, which contains sets of tableware with plates, cups and bowls. It is a reused public tableware, which generally displays one yuan or two yuan."This price is lower than the reset price of the tableware, so this tableware may not be taken away."
"But the toll tableware bag with disposable chopsticks, consumers can take the tableware away because they paid the tableware fee." Yan Bing added.
