security obligations other food service operators offer their consumers shall enjoy the food and service restaurant provides oversight and complaints rights.Controversy "King terms" 2"I am required to reduce the order to inform fifteen days in advance, otherwise the full charge"Peng Xie believes that the Beijing Industry and Commerce Bureau of the "Beijing catering services contract," also stressed that both sides may, in consultation, agreed to nike air max 2013 mens
issue the number of days advance notice of default and termination of the contract. But now included in the terms of the King, these two approaches is completely contradictory.Qiu Baochang said that this provision of the law point is after the consumer defaults, forcing operators to use the format in accordance with the terms of the full amount will be charged a fee. If the consumer fails to inform in advance ordering operators to reduce the number of seats, the operator can be prosecuted for breach of consumer law, require consumers to pay liquidated damages in accordance with a certain proportion, but without distinction according to the cost of a full charge penalties, obviously over a reasonable range, are infringed upon the legitimate rights and interests of consumers.Controversy
"King terms" 3"Please protect your goods, the shop is not responsible for the loss."Peng Xie said the police department from the perspective of the protection of personal and property safety, requiring the service industry do to remind the obligation, to prompt the police will emphasize ego after losing reminder.Qiu Baochang that defines these terms as unfair format, not to say that as long as property loss occurs by restaurants take full responsibility. nike air max 2012 sale This situation should first distinguish specific responsibilities, if consumers have the responsibility for the loss of property, should be borne; If the loss of property due to the willful or gross negligence caused the operator, the operator is not exempt from the corresponding responsibility. When operators such as "take no responsibility" or "own risk" such absolute terms, they constitute a violation of consumer rights.Controversy "King terms" 4"Sterilization fee for one yuan" or "sterilization additional charges."Peng Xie said that at present all the catering business approach taken is to provide both cutlery used repeatedly for consumers, but also to have sterilization needs of consumers to use more of a choice. And tableware disinfection in accordance with the notification of the Ministry of Health to implement, "sterilization fee for one yuan" such words are generally printed tableware company. Peng Xie believes
that if such statements considered illegal, just use the catering business units, while not illegal body.Qiu Baochang that these views have confused the concept of suspicion, because there is no contractual relationship between the occurrence of disinfection businesses and consumers. "Food Safety Law" to define the obligations of operators to provide sterilization to consumers, food companies should bear the costs incurred due to sterilization. As for specific disinfection is borne by food companies themselves, or outsource to other disinfection companies, there is no relationship with consumers, food companies should not be the nike air max 1 womens
associated costs passed on to consumers.Qiu Baochang dialogueBeijing Morning Post: business sector in determining whether there is sufficient legal basis for the terms of the King Qiu Baochang: "Contract Law" and "Consumer Protection Law" is the standard term issues are clearly defined, the Beijing Industry and Commerce Bureau in accordance with the applicable legal basis is sufficient "contract violations oversight approach", there are these two laws enacted .Beijing Morning Post: How to Understand month proposed rectification of the business sector Qiu Baochang: the rectification of the month, is to self-correction time catering business, which fully reflects the business sector, rational law, the concept of flexible enforcement, this