comment丨a woman paid 6 yuan for tableware and took away the dishes. is it reasonable to take it away?
2024-10-03
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to discuss this matter, we still need to return to the legal framework from the context conflict. whether charging tableware fees is legal and compliant and whether tablewares can be taken away are not the same thing.
according to reports, recently in hangzhou, zhejiang, a girl was charged 6 yuan for tableware after leaving a restaurant. after checking out, she packed up the dishes and took them home. the person involved said bluntly: after paying for the meal, there was still a fee for tableware, and it was still 6 yuan a portion. i suddenly became angry, so i asked the waiter if i could take the tableware away since i paid for the tableware. the waiter agreed and we took it. go.
this incident sparked heated discussions, and "can i take away the tableware after paying for the tableware?" has also become a hot topic.
in response to this topic, many netizens said that it "makes sense" and "this is the way to do it." however, some people reminded that it is not appropriate for consumers to take away tableware. there are different opinions and there seems to be no conclusion. it can be seen that although this matter is small, it also hides a big story. the "quarrel" is not a trivial matter.
considering the situation, it may not be reasonable for restaurants to charge tableware fees.according to legal principles, tableware is an essential item for catering establishments, and operators are obliged to provide consumers with sterilized tableware that meets national health standards. otherwise, it means that the consumer's dining experience is incomplete and missing, and the consumer's consumption experience will be greatly compromised. the woman took away the tableware in anger, which reflected the emotion of consumers in the context at that time.
coincidentally, in october 2023, when xiao zhang, a college student in shijiazhuang, and his companions were eating in a restaurant, they were told by the waiter that each set of tableware would be charged 1 yuan for tableware. after checking out, xiao zhang and others packed up all four sets of tableware and took them away, realizing the "1 yuan purchase" of tableware. since such phenomena are not uncommon, it is not surprising that consumers’ unhappiness spills out into public spaces. however, when discussing this matter, we still need to return to the legal framework from the context conflict.
since there is currently no law that explicitly prohibits restaurants from charging tableware fees, it is not illegal to charge tableware fees as long as this is clearly stated to consumers.
of course, depending on the specific situation, regulations promulgated in some places do not support the charging of tableware fees. article 35 of the "regulations on the protection of consumer rights and interests of hebei province" stipulates that "catering operators shall provide tableware that meets quality standards and hygienic conditions free of charge, clearly indicate the prices of food and services they provide in a prominent position, and shall not set minimum consumption. charge or covertly charge table fees, disinfecting tableware fees, corkage fees and other fees that do not comply with regulations." in january 2023, the municipal supervision bureau of ruichang city, jiangxi province punished restaurants that charged tableware fees on the grounds that the restaurants involved violated the legitimate rights and interests of consumers by illegally charging tableware fees.
the problem is,whether it is legal and compliant to charge for tableware and whether you can take away the tableware are not matters on the same level.one code equals one code. even if the tableware fee is unreasonable, it cannot be said that taking away the tableware becomes "just" - the tableware fee is only a fee for using the tableware, not a cost for purchasing the tableware. in other words, paying for the cutlery does not mean that ownership is transferred. in this case, taking the cutlery away will be full of controversy.
it is worth mentioning that in the aforementioned news events,consumers have obtained permission from the waiter before taking away the tableware. whether it represents the consent of the store owner is another matter. at least, there is a "rational" premise for the woman to take away the tableware. obviously, if the store does not allow consumers to take away the tableware, it is not allowed to "take it by force".
after all, these one or several yuan tableware do not have much material value. taking away the tableware after paying for the tableware does not bring you much material enjoyment, but it has the characteristics of a "performance art". it's just that this kind of "performance art" is quite unusual.
focusing on such disputes, the final consensus that needs to be reached is: try to put yourself in someone else's shoes, be less utilitarian, and be less hostile. even if operators and consumers cannot "go in both directions," at least they should not be regarded as enemies. merchants should try their best to provide consumers with high-quality services and avoid arbitrary charges to attract repeat customers; consumers should also protect their rights rationally. only in this way can fierce conflicts be reduced and avoid falling into a vicious cycle.
red star news special commentator bai ju
editor wang yintao
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