When you encounter an "unreasonable" tea table fee, or an "illegal" tableware fee, will you ask for a refund? Some netizens left a message on the "leadership message board" of People's Daily Online, suggesting that Shenzhen take the lead in canceling the tea table fee! It said that when northern tourists come to the south for tourism and dining, the unreasonable tea fee collection system of some merchants causes tourists to be disgusted!
01. Event review
Recently, the issue of tea table fees has sparked extensive discussions in Guangdong. Some consumers expressed their dissatisfaction with the unreasonable tea table fees charged by some restaurants in the south through the "leadership message board" of People's Daily Online, especially tourists from the north. This fee system has long existed in the catering industry in Guangdong, regardless of whether the customer consumes tea or not, the merchant charges per capitation, ranging from a few yuan to dozens of yuan.
In this regard, the Shenzhen Municipal Market Inspection Bureau responded that according to the "Provisions on Clearly Marked Prices and Prohibition of ** Fraud", merchants should clearly indicate the service items, content and ** or pricing method when providing services, and it is forbidden to charge any fees without notification. In addition, the Guangdong Provincial Administration for Market Regulation also pointed out that although the tea table fee does not belong to the **guide price or ** pricing range, merchants should abide by the principle of clear price marking, and shall not increase the price or charge unspecified fees without permission.
However, there are mixed views among the public on the fees charged by merchants for tea seats. Some citizens believe that it is customary to charge for tea tables in Guangdong, and that they are willing to pay for it if they can provide services such as tea or tapas. On the other hand, some consumers believe that it is unreasonable to be charged a tea table fee even if they do not consume tea, especially when the "tea" provided is only ordinary lemonade, which is even more unfair.
In addition, there are also cases where restaurants charge additional fees in the name of "tableware fees" and "disinfection fees", but according to the provisions of the Food Safety Law, it is the basic responsibility of catering enterprises to provide consumers with tableware that meets national health standards, so such charging behavior is considered illegal.
Mao Peng, a lawyer at Guangdong Shengdian Law Firm, pointed out that although consumers have the responsibility to provide clean and hygienic utensils when they go to the restaurant, and if the consumer chooses to order tea, it is acceptable to charge for the tea table. But if consumers don't want to, in theory, restaurants shouldn't impose fees. He stressed that merchants should respect consumers' right to know and the right to fair trade, and should not charge additional fees without clear notice.
From a legal point of view, how do you view this matter?
02. Event analysis
From a legal point of view, it can be analyzed from several key points:
If the merchant charges the tea table fee without clear notice, which violates the consumer's right to know and choose, the consumer has the right to request a refund of the fee or file a complaint.
When providing services, merchants must clearly indicate the service items, service content and pricing methods to ensure transparency, and shall not increase the price of goods or services beyond the marked price, and shall not charge any fees that are not indicated. In case of violation of this provision, the consumer may file a complaint with the market supervision department and require the merchant to comply with the law.