Beijing Recommends Ordering Food Service Contract Templates To Avoid Disputes When Ordering Meals.

When dining out, there are restaurants that do not bring drinks and only charge tableware. Consumers can report directly. Beijing The city commerce and Industry Bureau yesterday released 6 common "overlord clauses" in Beijing catering industry: "Prohibition of bringing drinks", "disinfecting tableware costs $1", "minimum consumption of * * yuan", "keeping good things, losing the shop is not responsible" and other consumer notices which are most commonly seen in restaurants are all listed. Business and catering enterprises are required to correct them within 1 months.

The "overlord clause" of catering is common.

The director of the contract office of the Beijing Municipal Bureau of Commerce and industry said that the business and trade examination of the catering industry in the city started in April this year, and visited the main catering enterprises in Beijing, collecting various forms of contract terms such as recipes, water cards, shop notices, dining cards and so on.

Through collation and analysis, the industry and Commerce Department found that the "overlord clause" in the catering industry, such as bottle opening fee, room charge, service charge, tableware fee and so on, is a violation of the rights and interests of consumers. By organizing experts to demonstrate these Provisions, we finally confirm the 6 terms of contract format, such as "Prohibition of bring drinks", "disinfecting tableware cost per worker" and "minimum consumption of consumer rooms * * yuan", which is a "overlord clause" for businesses to waive their responsibilities, increase consumer responsibilities or exclude consumers' rights.

Punishment is not changed within 1 months.

It is understood that these "overlord clause" before the Consumer Association, Beijing City Consumer Association It has publicly commented on it many times, but it has been banned repeatedly. This is the first time that the official channels of Beijing's business sector have been identified and exposed.

The Municipal Bureau of Commerce and industry pointed out that although the catering operators have the right to price the goods they sell and offer services, they should fulfill their responsibilities while making profits, and can not ignore and violate the fair and equal paid market rules. the administration for industry and commerce It is requested that the catering enterprises in the city should make an illegal statement according to the "overlord clause" issued by the city, and carry out self-examination and self correction within 1 months.

At the same time, the commerce and Industry Department suggests that consumers should make a call to the 12315 hotline if they find that they have the "overlord clause". When ordering meals beforehand, you can download the "window of the capital" or "Beijing industrial and commercial". Beijing reservation service contract The model text is used to avoid unnecessary disputes.

Interpretation of "overlord clause"

1 "Prohibition of bringing drinks".

Alleged forced consumption

"Restaurant restaurants such as prohibiting their own drinks, means that consumers have no choice at all," the contract Bureau of Beijing city commerce and Industry Bureau pointed out that under normal circumstances, restaurant wine prices should be higher than the retail price, suspected of mandatory consumption. For restaurants that have a bottle opening charge for consumers' own drinks, the person said that the bottle opening fee is a market behavior and should be negotiated with consumers rather than by unilateral terms.

2 "minimum consumption of XX Yuan for private rooms"

Compulsory consumption + waste

"The lowest consumption of restaurants is to limit the right of consumers to choose freely", according to the contract department. They only need 500 yuan for a table and 1000 yuan for the minimum consumption, which is mandatory consumption for consumers who are not allowed to order 1000 yuan. At the same time, this is also a waste, customers can not eat so much, not in line with the current central advocacy of strict economy. As for the service charges arising from the use of private rooms, the two sides can negotiate.

3 "disinfection tableware costs $1".

Restaurants should also provide free tableware.

According to the contract, according to the food safety law, restaurants must provide free tableware for consumers free of charge. "Restaurants can have packaged tableware, but there should be free tableware for disinfection, and consumers should be informed, and then consumers will choose to use that utensils."

4 "reduce the number of bookings, do not inform in advance the full charge" exceeding the reasonable amount of breach of contract.

The contract office believes that although consumers fail to inform the restaurant in advance, they may cause losses to the restaurant, but the liability for breach of contract is also proportional to consumers, not all of them. This provision sets the amount of consumer compensation to be "full", exceeding the statutory reasonable amount.

5 "the shop is not responsible for the lost items".

"This provision is too absolute," a contract official told reporters. If the restaurant itself is in a chaotic environment and does not take necessary protective measures or give some hints, the restaurant will be liable for the loss of articles. This provision is actually a business exemption from losses caused to consumers by deliberate or gross negligence.

6 "customers do not accept restaurant recommendations as a right to voluntarily give up food hygiene complaints."

The right of consumer supervision has no right to deprive businesses.

The contract office said that consumers have the right to supervise in accordance with the law, merchants have no right to deprive them, nor can they give consumers legal rights to pre set conditions.