There are a variety of implicit consumption regulations in the catering industry, and supervision needs to be strengthened

To standardize “hidden consumption” in catering, “explicit supervision” needs to be strengthened

　　■ Come on

　　According to media reports, there are a variety of hidden consumption in the catering industry, from tableware fees to table fees, tea fees to sauce fees.

In this regard, consumers are not easy to detect and identify, and it is difficult to defend their rights after the fact. The current situation urgently needs to be reversed.

　　Hidden consumption corresponds to two charging behaviors.

The first category is behaviors that merchants can charge according to market rules and business autonomy, such as tea fees, sauce fees, and disposable tableware fees.

Merchants must also guarantee the integrity of basic catering services, that is, consumers can complete the consumption process without choosing a certain fee-based service.

　　The other category is fees that merchants should not charge.

At present, there are major controversies surrounding table fee, paper towel fee, charcoal grill fee, etc. The point of dispute is that some service links are originally within the scope of basic catering services. Merchants separate the service links and charge separately, which is a double charge.

　　In reality, many businesses use the "shop regulations" as the basis and reason for hidden charges.

Obviously, the basis for such a fee is a standard contract.

The "Consumer Rights Protection Law" clearly stipulates that operators who use standard terms in their business activities should draw consumers' attention to the quantity and quality of goods or services, prices or expenses, and other content that has a major interest in consumers. , And explain in accordance with the requirements of consumers.

　　Accordingly, if the merchant fails to fulfill the obligation of prompting during the hidden charging process, or has compulsory transaction behavior, the so-called basis and reason for charging is a typical overlord clause, which does not have legal effect.

　　To eliminate hidden charges, it is also necessary to strengthen "explicit supervision."

It is necessary for the regulatory authorities and industry associations to take the initiative to investigate the hidden charges in the catering and other industries based on consumer complaints and reports, media reports, and to further improve the regulatory rules.

　　At the same time, various hidden charging behaviors must be evaluated and defined in accordance with the law, and the “white list” that businesses can charge and the “black list” that cannot be charged must be drawn, and their charging boundaries, procedures, and bottom lines of obligations must be clarified and released to the public.

　　On this basis, it is also necessary for relevant departments to unblock complaint and report channels, strengthen the attention and supervision of merchants’ charging behavior, and take interviews, investigate and deal with, expose problems, initiate public interest litigation or support consumer prosecution, and credit Intervene in disciplinary and other methods.

　　Only in this way can businesses be forced to hold the bottom line of integrity and the bottom line of the law, and create a more transparent, fairer, and more honest consumption environment for consumers.

　　□Li Yingfeng (lawyer)