The restaurant was fined 9000 for illegally charging 2 yuan for tableware. What do netizens think?

The restaurant was fined 9000 yuan for illegally charging 2 yuan tableware fee. Netizens said that this is not a case. Many hotels directly charge for disposable chopsticks and tableware, and few diners are serious. Even some restaurants charge for tea. Take 7 yuan for example, you can't do without drinking.

It is reported that the store does not provide free tableware, but uses high-grade sterilized tableware distributed by tableware disinfection company, which is recycled, cleaned and disinfected after use. 2 yuan per package, without express notice.

According to the Regulations on the Protection of Consumers' Rights and Interests in Jiangsu Province, catering operators should provide tableware that meets hygiene standards, and operators who use centralized disinfection sets to pay for tableware should also provide free tableware for consumers to choose from. No fees shall be charged without prior explicit notice.

In the end, Yuhuatai District Market Supervision Bureau ordered the merchants to rectify immediately and confiscated the illegal income of 42 12 yuan. And impose a fine of5,000 yuan on the merchant.

Lawyer's statement

Lawyer Heng of Jiangsu Shundian Law Firm believes that merchants' compulsory collection of bottle opening fees and tea fees infringes on the legitimate rights and interests of consumers to some extent and is suspected of breaking the law. The "We refuse customers to bring their own drinks" marked and stipulated by the hotel itself has no legal effect.

Heng believes that according to the provisions of the Law on the Protection of Consumers' Rights and Interests, operators are not allowed to exclude or restrict consumers' rights, reduce or exempt operators' responsibilities, and aggravate consumers' responsibilities by means of format clauses, notices, statements, store notices, etc. Unfair and unreasonable provisions are not allowed to use format clauses and technical means to force transactions. In other words, it is illegal whether the merchant informs the consumer in advance to charge the corkage fee, and no matter what form the merchant takes to charge the corkage fee.

Different from the bottle opening fee, merchants can charge an appropriate tea fee, but they don't "collect it if they want". Constant analysis believes that according to the provisions of the Consumer Protection Law, consumers have the right to know the true situation of the goods they buy or use or the services they receive; Consumers have the right to choose their own goods or services, that is, consumers have the right to know and choose the goods or services they buy or use.

"Therefore, in order to legally collect tea fees, two preconditions must be met. First, as a separate consumption item, tea should be clearly informed to consumers in advance. Secondly, if tea is regarded as a separate consumption item, the consent of consumers must be obtained, and consumers must not be forced to' bundle consumption' against their wishes.