Chinanews client, Beijing, April 13 (Zuo Yukun) Delicious and convenient, fast food restaurants like KFC are the first choice for many people to dine out.

But recently, Xiao Du, a girl who lives in Suzhou, Jiangsu, encountered a bad thing at KFC.

Image source: Jiangsu News WeChat public account

Asking for ice water but drinking disinfectant water, the claim is only 1,000 yuan "sealing fee"

　　According to Jiangsu News on April 10, Xiao Du felt thirsty while consuming at a local KFC restaurant, so he asked the waiter for a glass of ice water.

Xiao Du took two sips, and his throat burned.

My friends and the waiter in the shop confirmed that this is a glass of disinfectant.

Image source: Jiangsu News WeChat public account

　　In the afternoon, Xiao Du felt severe discomfort in his throat and stomach. The result of the treatment was acute erosive gastritis and stomach cramps caused by accidentally ingesting disinfectant.

At the request of the doctor, the manager of the KFC restaurant sent over the outer packaging of the "chlorine-containing disinfectant powder" for the preparation of disinfectant, with instructions such as "harmful if swallowed and cause eye irritation".

Image source: Jiangsu News WeChat public account

　　After this, the KFC restaurant assumed Xiao Du's treatment costs of more than 1,500 yuan, and said that he would give Xiao Du a one-time compensation of 1,000 yuan, and also required her to sign a confidentiality agreement first.

　　The "hush fee" made Xiao Du unacceptable.

After receiving the complaint, the local market supervision department intervened in the investigation. After negotiation, KFC Suzhou Wujiang Passenger Terminal Store finally stated that it would give Xiao Du a compensation of 15,000 yuan for lost work expenses on the basis of being optimistic about the illness. The two sides reconciled.

　　According to the latest report from the Jiangsu Public News Channel on the 13th, the store involved has been closed for rectification, and KFC Suzhou also apologized in writing.

Lawyer: The "hush fee

"

agreement is illegal and has no legal effect

　　Although the matter eventually ended in a reconciliation between the two parties, the handling of the KFC store still made many netizens angry.

　　As a large-scale catering company, KFC has repeatedly "turned over" in disinfecting water.

In April 2006, a KFC restaurant in Hefei, Anhui, mistakenly sold sterilized water as a drink; in 2014, in Xidan, Beijing, a KFC store also had an incident where a waiter mistakenly used a glass of sterilized water as a beverage for consumers to drink.

　　This kind of "historical conviction" is played out in different stores every few years, which is shocking.

In this incident, what caused more concern was that the KFC store required consumers to sign a confidentiality agreement when making compensation.

　　The accident that caused injury to consumers due to operational errors is not a trade secret, nor does it involve core technology. How can it be said that it is "secret"?

After all, it's just a "hush fee" with the name of the non-disclosure agreement.

So do companies really have the right to use so-called "shut-up fees" to seal consumers' mouths?

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　　"The confidentiality clause in this agreement is invalid." Geng Jun, deputy director of the Consumer Rights Professional Committee of the Beijing Lawyers Association, introduced to Chinanews.com that according to Article 40 of the Consumer Rights Protection Law, consumers or other victims are caused by commodity defects. In case of personal or property damage, compensation may be sought from the seller or the producer.

Therefore, the misuse of disinfectant in the KFC store did cause property losses to consumers, and consumers have the right to claim compensation in accordance with the law.

　　"However, if the restaurant uses the law to unconditionally compensate consumers for losses to require consumers to sign a confidentiality agreement, it is suspected of infringing on the consumer's right to claim. And the existence of the confidentiality agreement will also cause other consumers to be supposed to The right to know is violated.” Geng Jun believes that the restaurant tried to cover up the facts through a confidentiality agreement, which is extremely irresponsible to other consumers and is suspected of infringing on their right to know.

　　The "Procuratorate Daily" sponsored by the Supreme People's Procuratorate also published an article on the 12th that this so-called "confidentiality agreement" has no legal effect.

　　According to the contract law, if the contract is clearly unfair at the time of conclusion of the contract, the parties have the right to apply for cancellation of the contract; if the illegal purpose is covered up in a legal form or the public interest is harmed, the contract is invalid.

The Consumer Rights Protection Law also clearly stipulates that business operators shall not exclude or restrict consumer rights, reduce or exempt business operators, and aggravate consumer responsibilities by means of format clauses, notices, declarations, shop notices, etc. that are unfair to consumers. , Unreasonable regulations, do not use standard terms and use technical means to force transactions.

China-Singapore Microcomment: How can consumers' rights be bought out with a sealing fee?

　　Although it has no legal effect, the harm of the so-called "hush fee" is not small.

It not only infringes on the interests of defenders, but also conceals major mistakes and potential problems in the management and service of enterprises. This old-fashioned method of "spending small money to eliminate catastrophes" can easily cause adverse effects on the healthy development of the industry.

　　The fast food brand that has always advertised standardized production. When management problems arise, KFC does not reflect on its own faults first, but uses overbearing and unreasonable "hush money" to perfuse consumers, which actually puts the company's interests above the consumers' health and violates Consumer rights: The attitude changed only after law enforcement agencies intervened, and it also reflected the arrogance of corporate stores' bullying customers and "two faces".

　　No matter how big the company is, the "hung-up fee" will never stop the problem, and sincere and responsible handling is the best public relations.

(Finish)