Catering minimum consumption "new vest" can not wrap up the "taste of infringement"

2022-04-13

In recent years, with the improvement of relevant laws and regulations and the improvement of consumers' awareness of safeguarding their rights, the restaurant overlord clauses such as setting the minimum consumption threshold, prohibiting bringing their own drinks and refusing to take out food have improved. However, some high-end restaurants still set up private rooms for minimum consumption through private environment and one-to-one service. There are also some restaurants that require to order signature dishes, set up online red landscape spaces, minimum consumption and other charging items, which damage the legitimate rights and interests of consumers in a disguised form. (worker's daily, April 12) The minimum consumption of catering has gone from the old routine to a new routine. Some catering businesses are obsessed with the "minimum consumption" marketing logic and firmly believe that it can bring them more turnover. Therefore, they set the minimum consumption threshold in a variety of ways regardless of the ban of the regulatory authorities and the legitimate rights and interests of consumers. However, no matter how businesses operate, the essence of setting the minimum consumption has not changed. The "new vest" can not wrap the "taste of infringement", nor can it avoid the tort liability and legal risk of businesses. The catering industry belongs to the category of market price adjustment. Businesses have the right to set their own prices, but businesses can not set their own prices arbitrarily, and can not break through the bottom line of law and the bottom line of consumer rights and interests. There is nothing wrong with businesses moderately implementing differentiated charges for some services with obvious differences. However, if they fail to make clear the price and inform consumers in advance, they are suspected of infringing upon consumers' right to choose and know. There is no obvious difference in service between the online red landscape seats in some restaurants and other seats. The private rooms in some restaurants are just more private. The one-to-one services such as helping to pick up meals enjoyed by consumers are not exclusive services. The restaurant sets the minimum consumption threshold for the online red landscape, or indirectly sets the minimum consumption threshold by requiring consumers to order expensive signature dishes, which violates consumers' fair trading rights such as reasonable price, correct measurement and voluntary trading. Catering minimum consumption has been widely criticized and has long been determined by relevant departments according to law and included in the scope of supervision. Article 12 of the measures for the management of catering industry (for Trial Implementation) formulated by the Ministry of Commerce in 2014 stipulates that catering operators are prohibited from setting a minimum consumption. In recent years, the minimum consumption set by some catering businesses has changed, and the change of its form can not change its internal illegal attribute. It should be emphasized that saying "no" to the minimum consumption of catering also has the positive significance of anti food waste. Article 7 of the anti food waste law stipulates that catering service operators shall not induce or mislead consumers to order too much. Some local laws and regulations have also made adjustments to this. For example, the Beijing anti food waste regulations clearly stipulates that catering service operators shall specify the service items and their charging standards, and shall not set a minimum consumption amount, and shall not induce, mislead or force consumers to order too much. Catering businesses set the minimum consumption threshold in a variety of ways, resulting in the objective effect of encouraging and inducing food waste in a disguised form, which is contrary to the legal and civilized requirements of anti food waste. For the new minimum consumption items in the catering field, consumers should enhance their legal awareness, refuse them in time, and actively protect their rights by negotiating with merchants, complaining to the consumer association or reporting to the market supervision department. Business, market supervision and other departments as well as consumers' associations, catering industry associations and other units should strengthen the attention and supervision of the "innovative items" of catering minimum consumption, widely collect the problem clues of catering merchants through complaint reporting channels, and force and urge catering merchants to enhance their self-discipline awareness and abide by the bottom line of the law by means of interview, guidance and improvement of marketing rules, filing and investigation, exposing problems, issuing consumption warnings and integrity punishment, Standardize marketing behavior, dismantle the explicit or implicit minimum consumption threshold, and create a more honest, transparent, fair and reasonable consumption environment for consumers. (outlook new era)

Edit:Yuanqi Tang    Responsible editor:Xiao Yu

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