When traveling during the Spring Festival, beware of "food assassins"!

[2] Compiled from: Suzhou Legal Education
 
Recently, the hashtag #TouristExposes1500YuanFor4DishesInBeihai# trended on social media, sparking discussions among netizens about being “ripped off” while dining out during the Chinese New Year. Dining out during the Spring Festival is meant to be a chance to savor delicious food, but encountering a “food assassin” can leave one feeling “stabbed.”

 
 

Case review
On the evening of January 24, a tourist visiting Beihai was taken by a taxi driver to Qiaomin Seaport Seafood Processing City in Yinhai District for a meal. During the visit, the group ordered four dishes—spicy stir-fried conch, steamed longding fish, water chestnuts, and spicy stir-fried guifei clams—and paid a total of 1,500 yuan when settling the bill.

 
 

In the early hours of January 28, the Beihai Municipal Administration for Market Regulation released the findings of its investigation into the matter. According to the notice, all seafood products in the restaurant’s seafood tank were clearly marked with prices, and the pricing was generally in line with seafood dining prices during the Spring Festival. The prices of four types of seafood products at the restaurant after processing and cooking fell within a reasonable range.
 
In response to consumer doubts about the insufficient portion size of four seafood dishes after cooking, no evidence of seafood substitution or adulteration was found. However, the edible portion of oil snails shrank significantly after processing, and comparisons showed that top snails and imperial snails also had slightly smaller portions.
 
Regulatory authorities found through investigation that the restaurant engaged in paying taxi drivers kickbacks to solicit customers, rushed to prepare and order dishes without adequate communication with consumers, and served slightly smaller portions of some seafood after cooking.
 
The restaurant has been ordered to suspend operations for rectification, make corrections within a specified period, and has been placed on file for punishment. The restaurant stated it will apologize to consumers and issue refunds. For the taxi drivers involved, relevant authorities have ordered taxi companies to conduct interviews, impose fines, and suspend their operations for a specified period.
 
 
The [1] The People's Republic of China Consumer Rights Protection Law
Article 8
Consumers have the right to know the true circumstances of the goods they purchase, use, or the services they receive.
Consumers have the right to request, based on the different circumstances of goods or services, that operators provide information such as price, origin, producer, purpose, performance, specifications, grade, main ingredients, production date, expiration date, inspection certificate, instruction manual, after-sales service, or service content, specifications, and fees.
 
 
The [1] The People's Republic of China Anti-Unfair Competition Law
Article 7
Business operators shall not use financial means or other methods to bribe the following entities or individuals in order to seek transaction opportunities or competitive advantages:
    (1) Staff members of the counterparty in a transaction;
    (2) Entities or individuals entrusted by the counterparty to handle relevant matters;
    (3) Entities or individuals that influence transactions through their authority or influence.
    In business activities, business operators may openly offer discounts to the counterparty or pay commissions to intermediaries. When paying discounts to the counterparty or commissions to intermediaries, business operators shall record them truthfully in their accounts. Business operators who receive discounts or commissions shall also record them truthfully in their accounts.

 
 

 
[1] The author's perspective
During this year's Spring Festival holiday, the tourism industry experienced a golden period, but it was followed by news of tourist attractions overcharging customers. Although relevant authorities have strengthened regulation and businesses have become more restrained, incidents similar to this case still occur occasionally. In this case, the business hastily placed an order without fully communicating with the customer, leading to disputes over the price of the dishes. This shows that while price increases during the Spring Festival are reasonable, the key lies in operating with integrity.
 
Furthermore, the practice of businesses giving kickbacks to taxi drivers who bring in customers disrupts market order and constitutes unfair competition. If many businesses follow suit, it will not only encourage taxi drivers to compete in bringing customers to restaurants but also invisibly drive up food prices, which is unfair and illegal for both the market and customers. Therefore, businesses aiming to improve competitiveness should focus on quality and service rather than resorting to underhanded methods, which will ultimately backfire.