Buffet deposit attracts diners’ dissatisfaction. Lawyer： Not overlord clause.

　　The per capita consumption of seafood buffet in 200 yuan is close, and it is necessary to collect the deposit of customers’ 100 yuan money per table in advance, which makes Ms. Wang, a diner, somewhat dissatisfied. A survey by the Beijing Morning Post reporter found that at present, many buffet merchants have such regulations. The merchants say that the purpose of this move is to "avoid waste" and attract the attention of diners. In practice, if the waste is not too serious, the money will be refunded in full. Diners have different attitudes towards this. The Consumers Association said that there is no explicit prohibition on such practices by merchants. Lawyers believe that as long as the merchants inform the rules in advance and there is a contractual relationship after the two sides reach an agreement, they should abide by them.

　　You have to pay a deposit before eating buffet.

　　Yesterday, the reporter came to the Nanhai Yusheng seafood self-service store mentioned by Ms. Wang, and stood a signboard of "the deposit of the day" in the eye-catching position of the checkout counter. According to the content, if each guest has more than 200 grams of food left over, he will be charged 20% of the meal fee. Therefore, guests are required to pay the "security deposit" in advance, and the number of people is less than 10, and the security deposit should be paid to 100 yuan, 11 to 20 people, and 200 yuan, and so on. As for the reason, it is also clearly written on the signboard, "In order to avoid extravagance and waste". At the same time, the store also clearly stipulates that the above deposit should be returned to the service desk in time after the dinner on the same day, otherwise it will not be returned later. In addition, in addition to the signboard, after paying the deposit, customers who go to the store for dinner need to sign a paper confirmation form, and the content is consistent with the above tips.

　　The waiter in the store said that after the meal, the waiter would remind the guests to refund the money at the front desk. Unless the waste is very serious, the money will indeed be deducted. The purpose is not to deduct money, but mainly to make guests pay more attention to this matter. Some pressures will be more effective in avoiding waste.

　　The amount of waste should be clear

　　In the interview, the reporter learned that the buffet charges a "margin" and the merchant is not "exclusive". There are also many consumers who have encountered such a situation, and everyone has different views on this.

　　College students pay a small fee to go to a buffet with their classmates. When they pay the meal fee, each person is charged a "deposit" of 10 yuan money, which is refunded in full after the meal. At that time, although Xiao Fu felt uncomfortable, he was not "serious" and expressed his understanding of the business practice. "I didn’t pay the deposit before coming to this store. I guess they came up with such a method only after dissuasion or warning effect was not obvious. Don’t talk about them, I am also annoyed to see that others are left with a lot of waste. Such people should be treated. "

　　However, some consumers have suggested that the concept of "waste" put forward by most merchants is very vague, and how much waste is left should be clear. "More strictly speaking, it should be clearly stated, not a matter of waiter’s words. Although there is not much money, it is hard to say if there is a dispute afterwards. "

　　■ Lawyer

　　Yesterday, the reporter consulted the 12315 consumer report hotline on this matter. The staff said that there is no hard requirement for the above-mentioned businesses and there is no explicit prohibition.

　　Lawyer Chen Shu of Beijing Jingtian Gongcheng Law Firm believes that the merchants communicated to customers in an open and clear way that the "deposit" should be charged for dining. Although the wording is not rigorous and accurate, the two parties have established a "contract" relationship through their actions, which is legally binding and should be implemented in accordance with the agreement. "This kind of announcement of the merchant belongs to the format contract, and the contract should specify the standard of how to collect, how to refund and waste the deposit, and the standard of charging fees. In the event of waste, diners should pay the meal fee according to the contract or directly deduct it with the deposit. "

　　Although merchants can draw up their own deposit collection rules, it is illegal if there is a rule like "customers don’t get the deposit back on the same day."

　　Beijing Morning Post Live Journalist Zhang Jingshu