Joke Collection Website - Bulletin headlines - What is the compensation standard for eating foreign bodies in catering?
What is the compensation standard for eating foreign bodies in catering?
1, up to ten times the price. Suppose a bowl of noodles is 15 yuan, and the highest compensation can be 150 yuan. In addition to obtaining ten times compensation, you can also apply to the competent department for administrative treatment, and you can be punished by 20 thousand yuan according to law.
2. Legal basis: Article 11 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests.
Consumers who have suffered personal or property damage as a result of purchasing or using commodities or receiving services are entitled to compensation according to law.
Article 55
If an operator who is liable for punitive damages commits fraud in providing goods or services, it shall increase the compensation for the losses suffered by the consumer according to the requirements, and the amount of compensation shall be three times the price of the goods purchased by the consumer or the cost of receiving services; If the amount of additional compensation is less than that of 500 yuan, it shall be 500 yuan. Where there are other provisions in the law, such provisions shall prevail.
Where a business operator knowingly provides goods or services to a consumer, causing death or serious damage to the health of the consumer or other victims, the victims have the right to demand compensation from the business operator in accordance with laws and regulations such as Articles 49 and 51 of this Law, and have the right to demand punitive damages less than twice the loss.
Second, what are the rules of punitive damages?
1. The subject of legal relationship applicable to punitive damages is the operator and the consumer. Consumers are the subject of claims, operators are the subject of punitive damages, and others cannot be the subject of punitive damages;
2. The business operator commits fraud when providing goods or services;
3. Punitive damages are based on the fact that consumers have actual losses;
4. double indemnity's demands must be made by the consumers who have been cheated. Since the civil liability is assumed in accordance with the principle of non-litigation, if the consumer does not make this request, the people's court can't take the initiative to investigate the responsibility of the operator double indemnity ex officio.
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