The Spring Festival is approaching. There are many families who choose to go to the restaurant for Chinese New Year's Eve dinner.
Chinese New Year's Eve dinner reservations have entered a peak period
The District Consumer Protection Committee also received it.
Complaints about Chinese New Year's Eve dinner reservations.
Case Introduction
Ms. Yu, a consumer, complained to the Consumer Protection Commission that on December 21, 2023, she ordered a Chinese New Year's Eve meal for 3,888 yuan** at a restaurant and paid a deposit of 1,000 yuan. Recently, Ms. Yu had a banquet at the hotelThe dishes are all pre-made dishes and are cold, and the seasoning is poor。Ms. Yu was very dissatisfied with the quality of the restaurant's dishes, so she went to the restaurant on January 21, 2024 to communicate with the person in charge to cancel the Chinese New Year's Eve dinner. ButThe other party said that it did not accept the cancellation and refused to return the deposit。Ms. Yu hopes that the District Consumer Protection Committee can coordinate the refund of the deposit of 1,000 yuan.
on the Internet
Process and results
After receiving the complaint, the District Consumer Protection Committee asked the consumer to provide relevant consumption vouchers, and the order clearly stipulated that the deposit would not be refunded. However, the consumer proposed that the reservation was for the night of Chinese New Year's Eve, and the actual hotel would not prepare the food so early, and the termination of the contract 20 days in advance would not cause actual losses to the hotel, but the other party refused to communicateIf you do not come to make a purchase, the deposit will not be refunded
Subsequently, the staff of the District Consumer Protection Committee contacted the person in charge of the hotel, and the staff pointed out that in accordance with the relevant provisions of the Civil CodeThe amount of the deposit shall not exceed 20% of the amount of the subject matter of the main contract, so the deposit shall not exceed 777 for the Chinese New Year's Eve dinner of 3888 yuan**6 yuan, the excess part does not produce the effect of the deposit, and shall be returned to the consumer. At the same time, considering that the refund was requested by the consumer due to dissatisfaction with the dish, the staff suggested that he should refund half of the deposit at his discretion.
The person in charge said that on the day of the consumer's purchase, there is indeed a lack of service, and the deposit that exceeds the limit can be refunded, but whether to refund half of the deposit should be decided after consulting the company's legal counsel. However, when the staff communicated with the person in charge again, the other party said that the deposit order signed was based on the equality and voluntariness of both parties, and the agreement was valid, and the deposit would not be refunded. The staff communicated with him many times to popularize legal knowledge. Eventually, the operator agreed to refund half of the consumer's deposit.
on the Internet
The Consumer Protection Council's view
Both parties sign a deposit contractAccording to the relevant provisions of the Civil Code, if the party who pays the deposit breaches the contract, it has no right to demand the return of the deposit. In this case, the consumer's demand for a full refund of the deposit could not be supported, but the deposit collected by the operator in excess of the limit should be refunded. In addition, regarding the satisfaction of dishes, there is an agreement to follow the agreement, and if there is no agreement, it can be resolved through negotiation, litigation, etc.
on the Internet
The District Consumer Protection Committee reminds consumers that inWhen booking a Chinese New Year's Eve dinner, a written or electronic contract should be signed with the hotel, make an agreement on the meal time, the reserved table, the first dishes, whether there are free dishes, and the liability for breach of contract. At the same time,The consumer should confirm whether he or she is paying a deposit or a deposit, and if so, the amount should not exceed 20% of the total contract price.
Eating Chinese New Year's Eve dinner is an important activity in traditional Chinese culture, according to the District Consumer Protection CommitteeIt is recommended that catering enterprises consider the customs of the Spring Festival and formulate a more reasonable and humanized gradient refund plan according to the actual business conditions, according to the length of the time when the consumer requests to cancel the subscription and the start time of the service, the corresponding refund will be processed. At the same time, in the face of a large number of food ordering needs during the Spring Festival, enterprises should prepare for procurement in advance, strengthen food safety self-inspection and management, so that consumers can eat more at ease, comfortably and at ease.
Editor: Chen Yiting.
Contributed by: District Consumer Protection Committee.
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