When eating out, you've come across offering.
Sealed sterilization of cutlery sets in the restaurant
Do you think you should pay for this money?
Last weekend, some netizens broke the news to Chao News that when they dined at a restaurant on Qiutao Road in Hangzhou, they were inexplicably charged for tableware, and the dining experience was very bad.
"I don't know when it started.
It has become the default fee item of some restaurants, and there are many complainers on the Internet.
Someone complained: "When customers go to a restaurant to eat, do they have to bring their own utensils?"
Although the amount of money is small, the rights of consumers are important. ”
Some restaurants put tableware on the table for a fee. Photo by Chao News reporter Zhu Gaoxiang.
Is this matter common in Hangzhou?
Will merchants take the initiative to remind consumers?
The reporter decided to take a look.
From December 6th to 7th, the reporter followed Metro Line 1, from Xianghu Station to Hangzhou East Railway Station, across Xiaoshan District, Binjiang District, Shangcheng District and Gongshu District, after 16 subway stations, an average of 3-4 per station, and randomly visited 50.
A restaurant that offers sealed sterilization utensils.
Unannounced visits**and**.
Chao News reporter found
Within a kilometer or two of the 16-stop subway, there are always a few restaurants that offer sealed and sanitized cutlery sets.
Among the 50 restaurants, only one clearly does not charge, and the rest charge 1 yuan or 2 yuan, and will not take the initiative to inform consumers whether they can choose free tableware, and even some restaurants only have an option for paid tableware.
These restaurants are mainly barbecue restaurants, seafood restaurants, hot pot restaurants and local specialty restaurants, and most of them are located in large shopping malls or streets near train stations.
Charging for cutlery seems to be a common practice in the industry.
Some merchants said that "there is no negotiation".
After receiving the news from netizens last weekend, the Chao News reporter first asked his friends around him, and basically everyone had encountered the problem of tableware charging.
Sometimes when I open the tableware, I know that there is a charge, and the key is that there is no free tableware on the table!”
Now most restaurants are scanning the code to order, and the tableware of 2 yuan a piece is added by default, not only can it not be deleted, but it is impossible to order food if you don't choose it."
At the very least, it can be said or stated on the menu that the cutlery is paid, giving consumers a choice. ”
On the morning of December 6, the reporter's first stop came to the "Xianghu" subway station. Although there is still some time before the noon hotel, most of the businesses in the commercial street of Jinhu Art City next to the subway station have already opened their doors.
Stores near the entrance of Xianghu subway station will basically charge consumers for tableware by default. Photo by Chao News reporter Zhu Gaoxiang.
On the second floor of the commercial street, the owner of a pot chicken shop in a certain place greeted guests at the door, and the reporter came over and said that there was *** on the table and you could scan the code to order what you want to eat. After scanning the code, the reporter saw that the tableware of 2 yuan per serving and the seasoning of 3 yuan per serving are must be ordered, and there is no choice, let alone delete or cancel. When the reporter asked, "Do you have to charge for cutlery?"The boss just said "yes".
The owner of the store also said that if you feel that a single point is more expensive, you can also buy it on Dianping**, which also covers the cost of tableware.
On the second floor of the commercial street of Jinhu Art City, many restaurants also choose paid tableware by default when ordering food when providing sealed and sterilized tableware sets.
The second stop of the visit was near the "Binkang Road" subway station. Not far away on Guling Road, in a farmhouse restaurant, the reporter noticed that there were sealed and sterilized cutlery sets on each table. The owner of the store told reporters: "The tableware charges 2 yuan, if you order rice, you can not charge the tableware fee, but if you don't order rice, the tableware fee must be charged." ”
Similarly, a number of nearby restaurants also charge for cutlery and do not actively ask customers if they choose free cutlery.
A small restaurant on Guling Road near Binkang Road subway station. Photo by Chao News reporter Zhu Gaoxiang.
In the following sites, there are many restaurants that only give consumers the option of "using paid tableware". A staff member of a Chaoshan beef hot pot told reporters that they used to provide the restaurant's own free tableware, and in the past two days, they have also changed to a sealed disinfection tableware set, "Each ** unit charges 2 yuan, because the merchants in this row do this." ”
The owner of another barbecue chain also told reporters that they also have to pay a cost of 8 cents for each ** unit, and charge 1 yuan and 2 yuan, which is actually not high.
Journalists experience first-hand rights protection.
Regulators: Consumers can't be left without a choice.
On the afternoon of December 7, the reporter came to Tiancheng Road, which is located near Hangzhou East Railway Station, which is close to the west entrance of Hangzhou East Railway Station, and has gathered many restaurants, including Tonglu cuisine, Quzhou cuisine, hot pot, barbecue, etc. Many short-stay travelers choose to have a meal here before embarking on their journey.
The situation is basically the same at the restaurant on Tiancheng Road near Hangzhou East Railway Station. Photo by Chao News reporter Zhu Gaoxiang.
The reporter randomly walked into a Tonglu restaurant, the clerk brought a pot of hot water, and asked him to scan the code to order, and then walked away.
The reporter noticed that, like most of the restaurants that had been visited unannounced before, only sealed and sterilized tableware sets were provided to customers on the table, and the ordering page automatically checked the tableware and paper towels that need to be used for payment by default, which could not be deleted. In other words, if a customer wants to drink water or wants to continue placing an order, they need to open the charging cutlery in front of them.
When the reporter placed an order, several customers who came to eat unconsciously opened the sealed disinfection tableware set as soon as they sat down, and then drank water, and the clerk did not take the initiative to inform the tableware charge throughout the process. In the end, the reporter ordered an egg fried rice and scrambled eggs with sharp peppers, plus 2 yuan for tableware and 2 yuan for paper towels, a total of 50 yuan.
Consumption history. Photo by Chao News reporter Zhu Gaoxiang.
After that, the reporter called 12315 and the Hangzhou Shangcheng District Market Supervision and Administration Bureau** to complain about the relevant situation.
At half past 3 p.m. on December 8, the reporter received a ** from the staff of the Hangzhou East Railway Station Market Supervision Office, the other party said that the law enforcement officers went to the corresponding restaurant to understand after receiving the complaint, indeed, the clerk did not take the initiative to inform the tableware charges, there is a problem of insufficient communication, and the owner has been ordered to take the initiative to call to apologize, and refund the unreasonable fees overcharged.
Restaurants should give customers the right to choose, and should take the initiative to inform, rather than just providing an option for paid cutlery, which is the obligation of the restaurant. The staff member also said that under normal circumstances, the font "2 yuan per set for paid use" on the cutlery set is small, and customers may not notice it. In this case, the regulator will also ask the restaurant to refund the customer's part of the fee.
Not long after, the person in charge of the above-mentioned Tonglu restaurant called reporters and said: "Under normal circumstances, customers who don't want to use paid tableware will take the initiative to tell us, and we will also replace free tableware." Yesterday, we did not inform us in advance and overcharged the tableware fee, which was a mistake in the work of the restaurant, and we will refund it, so we are very sorry. ”
Subsequently, the reporter received a refund of 2 yuan from the person in charge of the restaurant.
But in fact, this kind of consumer rights protection is still a minority, and many consumers generally choose not to care about it because of face or fear of trouble, feeling that "more is better than less".
Put an end to this.
It also needs to improve industry self-discipline and regulations.
From December 6th to 7th, the reporter found that some businesses used scanning codes to order, some used paper menus, and some did not even have menus.
For paid tableware, scanning the code to order food is the default check, while for paper menus and restaurants without menus, consumers don't know whether the tableware is charged.
A month ago, there was a ** who made a question about "Is it reasonable for restaurants to charge for cutlery?"."The online voting, the participation in the voting of 11 out of 20,000 people10,000 people chose unreasonable.
Previously, a college student in Shijiazhuang, Hebei Province and his companions charged 1 yuan for tableware when they were eating in a restaurant, so they packed all 4** and took them away. After the news was reported, it caused a wide range of heated discussions.
Screenshots of the network. The "cutlery fee" that most people are against
Why is it here for so long?
Can this kind of "unspoken rule" of the industry be effectively regulated?
The staff of the Hangzhou East Railway Station Market Supervision Office said in the complaint feedback** that merchants can save the cost of dishwashers by using sealed disinfection tableware sets, so they are more willing to use this kind of tableware.
In the unannounced visit, some businesses complained to reporters: "We also provided our own free tableware before, but some customers were worried about unhygiene and asked us for sealed and sterilized tableware sets, so we changed them." Help customers check this by default, and everyone does it. ”
In fact, when consumers scan the code to place an order, they have formed a certain contractual relationship with the operator, if there is a default check in the order process and the consumer cannot independently cancel the charge of the tableware fee, such a contract clause or behavior, in a certain sense, is suspected of forcing or disguised to force consumers to buy or use the goods or services provided by the operator. Xia Hailong, a lawyer at Shanghai Shenlun Law Firm, told Chao News reporters.
Xu An, a partner of Beijing Dacheng (Hangzhou) Law Firm, said in an interview with Chao News that the matter of tableware charging is quite common. However, due to the low amount of money involved, the small number of complainants, and the lack of investigation and punishment, it has not attracted widespread attention.
Xu An believes that legally speaking, businesses are obliged to provide free sterilized tableware because it is part of the dining environment. Moreover, the store cannot take the charged tableware as the only option, and should inform the sealed tableware before eating that there will be a charge, and at the same time should provide the disinfected sanitary tableware free of charge.
Some restaurants will only put tableware on the table for a fee. Photo by Chao News reporter Zhu Gaoxiang.
In fact, as early as 2007, the China Consumers Association made it clear that catering companies have the obligation to provide consumers with qualified tableware for disinfection and bear the corresponding disinfection costs, and shall not pass this on to consumers. However, because laws and regulations such as the Food Safety Law and the Consumer Rights Protection do not explicitly prohibit the collection of "tableware fees", such charges have always existed in some areas.
However, there are also some local regulations that clarify the legal issues of tableware charges. The Regulations on the Protection of Consumer Rights and Interests of Hebei Province expressly prohibit the charging of disinfection tableware;The Regulations on the Protection of Consumer Rights and Interests of Jiangsu Province stipulate that fees shall not be charged without prior express notice.
Xu An told reporters that the "Zhejiang Provincial Regulations on the Protection of the Legitimate Rights and Interests of Consumers" on the issue of charging tableware is still relatively vague, to put an end to this situation, in addition to industry self-discipline, it is also necessary to make clear provisions in the law, and those who do not comply with it must bear certain legal responsibility.
*: Chao News reporter Zhu Gaoxiang.