Book six people and five people can’t enter the store? Online celebrity chain store is accused of overlord clause

 

  Have you ever had to wait in line for dinner, and people can’t go in to eat if they don’t arrive regularly? Recently, Xiaoyun, a netizen in Chengdu, encountered such a wonderful thing when friends were waiting in line for dinner. There are 6 people in the row, but because there are only 5 people present, the store said that they can’t enter the door, and they must be here to eat. Xiaoyun felt unreasonable. "This is simply the overlord clause!"

  Huaxi Dushi Bao-cover journalist found that the store’s practice is not a case. In response to this matter, lawyers believe that "this requirement of merchants is obviously unreasonable, and consumers can complain to the Consumers Association or industry and commerce."

  Netizen’s complaint: people who line up to eat can only enter the venue when they arrive.

  On March 22nd, Xiaoyun made an appointment with some friends to eat skewers after work, and the place was Xiaoyuejun liver skewers in the fifth district of the steel pipe factory in Chengdu Zongfu Road. Because she was working nearby, Xiaoyun hurried to the string store to wait in line after work, and got the "big table C2".

  "There are often many people waiting in line in this store, so I want to come early and line up first, and I can start eating immediately when several other friends arrive." Xiaoyun told the reporter, "I ordered five people when I ranked the number, and then I added one person, a total of six people. But when five of us had arrived, we were told by the staff of the store, ‘ People can’t enter the venue until they are all here ’ 。”

  Xiaoyun’s queuing receipt for reporters also clearly stated that those who take the B number must be at least 4 people, those who take the C number must be at least 6 people, and those who take the D number must be at least 8 people. But Xiaoyun felt unreasonable. "This is simply the overlord clause!"

  On-site visit: you can’t sit at a table when you have a table.

  On March 26, the reporter went to Xiaoyuejun’s liver in the fifth district of the steel pipe factory, located at 54 Huaxing main street, to string incense. At this time, it is already more than 6 o’clock in the afternoon, which is at the peak of work. The equal benches have been placed at the door of the shop, but no one has come to line up yet. In the store, there are already customers eating.

  Subsequently, the reporter asked the merchant as a customer: "Is there a place for six people to eat now?" However, I was told by the merchant that there is an empty table now, but I can’t enter the store because I am not here.

  The staff responsible for numbering at the door handed the reporter an equal receipt and said, "Let me know when everyone is here."

  The small ticket shows that there is still a table waiting in front. The staff member told the reporter: "None of them are here. The big table is too tight to occupy a seat. It takes at least four people to get in. Anyway, whoever gets here first will go first. "

  Store response: improve the utilization rate of tables and shorten the queuing time

  Why do chain stores have such regulations? A few days ago, the reporter met the person in charge of the store’s surname Xu.

  As for "people can’t enter the store until they are here", Manager Xu explained that this is to improve the utilization rate of tables and tables and the seating rate of guests, and at the same time shorten the waiting time of guests.

  "From the perspective of the catering format, the queuing time on our side is relatively concentrated, and some tables, especially middle tables and large tables, are relatively few. For example, some guests only have two guests. They occupy the table and don’t order, or their friends are not here, while other guests have already arrived, so they have to wait outside. This can’t turn the table, and the guests outside are also very anxious. "

  When the reporter asked, is such a request reasonable? Manager Xu bluntly said: "We are not the only one in this regulation, and so are some hot pot restaurants nearby."

  According to the industry, it is not a common phenomenon to avoid "occupying a table without spending"

  The reporter visited and found that it is not a case to string incense like Xiaoyuejun’s liver in the fifth district of the steel pipe factory. Through online search, it was found that netizens from Shenzhen, Hangzhou and other places also spoke out that "there has been such an experience that people can’t enter the store until they arrive."

  "This kind of situation is still rare, and it only appears in some restaurants with many people waiting in line and very hot." Yang Hang, a person in Chengdu catering industry, thinks that the requirement that "people can’t enter the venue until they are together" is actually a helpless choice for businesses. Yang Hang told reporters: "Because some very hot restaurants will have guests ‘ Placeholder ’ ‘ Occupy the table without spending ’ The phenomenon, even the equal guests will have a dispute. In the face of such a situation, the most important thing is that businesses and customers should communicate well in advance and fulfill their obligation to inform. "

  Some insiders also told reporters that the requirement of merchants is to maximize the passenger flow and income during business hours. "Sometimes there will be cases where guests and others don’t order or three or four people occupy a big table, which will reduce the turnover rate and passenger flow of restaurants." Law/teacher/view/point

  It is unreasonable for businesses to restrict consumer rights.

  "Whether it is from the consumption habits of the industry or the Consumer Protection Law, it is wrong for businesses to do so." Chen Fengfeng, a lawyer of Yingji Law Firm, told the reporter, "Even if only one of the six people comes, consumers can enter the store. And the merchant proposed ‘ You can’t enter the store until everyone is here ’ The requirements are unfair transactions agreed by themselves, which limits consumers’ consumption rights. "

  Luo Ping, a lawyer of Sichuan Xuxing Law Firm, also believes that "this requirement of merchants is obviously unreasonable, and consumers can complain." According to Article 16 of the Law on the Protection of Consumers’ Rights and Interests, operators should abide by social ethics and operate in good faith to protect the legitimate rights and interests of consumers when providing commodities or services to consumers. Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced.

  "If unreasonable and unfair regulations are imposed on merchants, and additional conditions are unilaterally added to normal consumption activities, which affects consumers’ normal consumption activities, you can call 12315 Consumers Association to complain or directly complain to the local industrial and commercial department." Luo Ping said.

The giant statue of Guan Gong in Jingzhou, Hubei Province, and the 99.9-meter-high Shuisi Building in Dushan, Guizhou Province were notified by the Ministry of Housing and Urban-Rural Development.

  Recently, the Ministry of Housing and Urban-Rural Development, together with relevant departments, investigated the giant statue of Guan Gong in Jingzhou City, Hubei Province and the Shuisi Building in dushan county City, Guizhou Province, which were strongly reflected by the media and the masses. In order to effectively strengthen the management of sculpture construction in large cities and resolutely control the phenomenon of "cultural landmarks" such as the indiscriminate construction of giant statues, the giant statue of Guan Gong in Jingzhou City, Hubei Province and the Shuisilou Project in dushan county City, Guizhou Province are now notified.

  △ The picture shows the giant statue of Guan Gong in Jingzhou City, Hubei Province (Source: Network)

  The giant statue of Guan Gong built in Jingzhou City, Hubei Province, is 57.3 meters high, which violates the approved Protection Plan of Jingzhou Historical and Cultural City and destroys the style and historical context of the ancient city.

  △ The picture shows the Water Department Building in dushan county, Guizhou Province (Source: Network)

  The Shuisi Building, built in Jingxin Valley Scenic Area of Yingshan Town in dushan county, Guizhou Province, has a height of 99.9 meters and an investment of 256 million yuan. There are some problems such as being divorced from reality, building "cultural landmarks" indiscriminately and destroying the natural landscape.

  Hubei, Guizhou Provincial Department of Housing and Urban-Rural Development should cooperate with relevant departments to track and guide Jingzhou City and dushan county to do a good job in the rectification of the giant statue of Guan Yu and the water department building project; It is necessary to draw inferences from others, strengthen supervision, improve the system, intervene and correct problems in time when they are found, and resolutely put an end to the indiscriminate construction of image projects and performance projects such as "cultural landmarks".

  各地要深入学习贯彻习近平总书记关于保护好历史文化和城市风貌的重要讲话和指示批示精神,贯彻落实新发展理念,坚持以人民为中心的发展思想,树立正确的政绩观、文化观、价值观和审美观,从通报的两个典型案例中汲取教训,切实在城乡建设中延续历史文脉、塑造特色风貌、展现时代精神。

  一是根据有关法律法规要求,加快建立和完善城市风貌、历史文化保护、城市雕塑建设等管理制度,加强自然生态、历史人文、景观敏感等重点地段城市与建筑风貌管理,保护历史文化遗存和景观风貌,不拆除历史建筑、不拆传统民居、不破坏地形地貌、不砍老树。

  二是按照《住房和城乡建设部国家发展改革委关于进一步加强城市与建筑风貌管理的通知》等文件要求,将超大体量公共建筑、超高层地标建筑、重点地段建筑和大型城市雕塑作为城市重要项目进行管理,建立健全设计方案比选论证和公开公示制度,对于不符合城市定位、规划和设计要求或专家意见分歧较大、公示争议较大的,不得批准设计方案。

  三是加强监督管理,建立社会监督和舆论监督机制,畅通群众举报渠道,发现问题及时处理并将相关情况报告我部。(总台央视记者 杨潇)

Stars hit the list and harvest fan wallets. Experts: It is illegal to brush the list.

Illustration Wang Chen Jun

  Last week, the game anchor "Her Royal Highness Qiao Biluo" was blacklisted by the Network Performance Branch of China Performance Industry Association because of malicious speculation that a beautiful woman became an aunt. Fans who thought she was sweet and beautiful could not ask the platform to return the money for brushing gifts.

  Both network anchors and idol stars are now supported by fans’ real money: spending money to buy virtual gifts, flowers and diamonds, and putting idols at the forefront of the list set by the platform, as evidence that idols are popular, explosive and worthy of advertisers — — This is the general rule in the era when fan economy and traffic are king.

  However, when fans exhausted their wallet labor to support their idols, they also walked into the rights trap created by the list setters and their upstream and downstream industries: virtual flowers that were not used because of changing the rules of the list were unable to get a refund; The automatic ranking software used to improve efficiency has been blocked, and who can I ask for the membership money in 2040? The list promises resources to idols. What if fans don’t fulfill their promises?

  In the opinion of experts, this behavior of brushing data for idols makes the entire Internet industry sink into the carnival of crazy wallet harvesting, which is not beneficial to the long-term development of the industry.

  The list was stopped and the website did not refund money.

  "The star power list is the root of all evil." A Xiao, a 29-year-old white-collar worker, is a fan of H, the star who debuted in the talent show "Creation Camp 2019". In July, in order to make H rank in the top three in the "New Star List", the fan group began to spend a lot of time and money playing the list: "Reading, forwarding, commenting and posting about Weibo can get extra points, commonly known as interaction. If you don’t have time to interact, you can spend money directly. "

  A Xiao introduced that Weibo sells virtual flowers, one in 2 yuan, and every time a flower is sent, the idol’s admiration value increases by 2 points: "It is said that flowers are sent to idols, but in fact, they have turned around and returned to Sina’s pocket, and idols can’t get a dime."

  In mid-July, Weibo was suspended from the list of July H due to the accidental exposure of the fan group through special channels.

  "It is to buy a Weibo trumpet to interact. Sina usually turns a blind eye. This time we were reported by competitors, and Weibo could not pretend to be blind." A Xiao said that in this way, the fans’ early investment has hit Shui Piao. "Forget the time, shouldn’t Sina refund the flowers bought with real money?"

  A Xiao said that at first, Sina just returned the flowers to its account: "The people who sent the flowers can’t make the list. What’s the use of flowers for us?" After that, fans began to call 12345 and 96315 to complain that Sina violated consumer rights.

  "At that time, I realized that we were actually consumers who spent money first, and then fans." A Xiao said that after the complaint lasted for a week, the Beijing Consumers Association talked about Weibo, and Weibo gradually returned the money. "Later, I went to look at it carefully. There is no explanation on the flower purchase page, and there is no regulation on whether it can be returned."

  In August, H’s qualification for the list was restored, but A Xiao no longer bought flowers: "The list is a means for websites to make money, and I won’t send money to do stupid things again."

  Software blocked, membership fee wasted

  On June 10th, the "Star Aid App", the behind-the-scenes promoter of 100 million reposts, was investigated. A few days later, super fans said that "Super Aid" could not be used: "From then on, it returned to the era of manual ranking."

  "Star Aid App" and "Super Aid" can help users to automatically perform some operations, such as commenting on Weibo who forwarded idols, sending Weibo related to idols, and automatically searching the names of idols, thus improving the rankings of idols on Sina’s "Star Power List" and Baidu Encyclopedia’s "Star Popularity List".

  "Super aid is from Sina subsidiary, and the annual membership fee for an account is 35.88 yuan. The Star Aid App is even more fierce. 20 yuan, a member for one month, can bind many trumpets with one click, and then let these trumpets automatically sign in and forward every day. " Yan Yan told reporters that the two appeared in 2018 and were very popular among fans.

  Where did these members’ money go after the service was stopped?

  "Can Star Aid App refund money?" On the second day after the Star Aid App was investigated, Xiao Ran asked questions on the Weibo, but so far he couldn’t find a way. "I heard that the illegal profit was more than 8 million, but the App was taken off the shelf and people were arrested. I don’t know who to ask for a refund."

  After the service of "Super Aid" stopped, some fans found that they could ask for a refund from the Sina subsidiary. "Send them payment voucher screenshots, Weibo nicknames and Alipay account numbers. It doesn’t matter if you have more money or less. Remember to ask Sina for a refund. " Weibo user @ honeythurts sent this Weibo on June 17th and got 718 reposts.

  Not all fans who ask for a refund can get it. "Private letter, no refund, and now I will ignore it." Fan Xiaozhen said, "There is not much money, forget it."

  Forwarding for resources, promises are hard to honor.

  A trend — has been observed in the side dishes that have been mixed with powder circles for nearly 10 years; — More and more companies have joined the ranks of harvesting fans with the list. "Click on the authentication information, some are still film and television companies, and some are simply trading companies selling hardware department stores, so let’s share a piece of it."

  Dishes told reporters that the common feature of these lists is that fans can vote for idols without spending money, but they must first complete some tasks to get tickets: "What do you need? Watching a 15-second video advertisement will give you 5 votes, and sending a Tik Tok with an idol name and a small program name will give you 15 votes. To put it bluntly, it is to use fans as advertisers, as free publicity, and as a resource for other apps. "

  What are the benefits of idols topping the list? "It’s nothing more than putting some advertisements that can reveal the idol image in some places for fans, such as airports, high-speed railway station, squares and cafes, and opening their small programs for a day, even including sending a low-end ‘ Reward ’ 。” Xiaocai said that new fans are often confused by these "rewards", and the old fritters can see the tricks at a glance. "Take the coffee shop advertisement as an example. The promise is 10 coffee shops, 10 Starbucks or 10 coffee shops that you can’t name. There is a big difference. This kind of commitment is simply vague. After the fans sold the coolies, they found that it was different from what they thought in advance, and there was no place to say it. "

  statement

  Help the stars brush the list, fans are suspected of breaking the law.

  "Internet idolize has evolved into a stage full of deception and profit-seeking, which is not the same as the idolize we used to know." Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, said in an interview with Beijing Evening News that, taking the flower incident as an example, according to the provisions of the Consumer Protection Law, online shopping goods have no reason to return within 7 days, while digital goods, such as audio-visual products and software, are generally not included. "Virtual flowers belong to what goods? There is no clear law about whether it is reasonable to return it for 7 days, or whether it is similar to software. The platform should be stated in the user agreement, and consumers should be clearly informed in advance whether they can retreat. "

  Zhu Wei thinks it is very difficult for users to get back the prepaid membership money after the automatic ranking software stops serving: "It is illegal to brush the list, not only the operator is illegal, but also the participants are illegal. In this case, the illegal income of the operator should be collected, and it is difficult for participants to claim a refund."

  As for the practice that fans use labor to exchange resources for idols, Zhu Wei bluntly said that this is no longer a normal consumption behavior, and the identity of fans is no longer a consumer, which is very risky. "This does not constitute a contract, there is no clear consideration, and it is working for others and others are not aware of it. Whether the operators have relevant abilities and qualifications is often unknown. Whether these unilateral commitments are fulfilled or not, and there is no way to measure them. Don’t do this kind of exchange under the guise of giving aid to idols. This is likely to be fraud or even fraud. "

  Quick comment

  Stars rely on marketing, which is a social disease.

  "The power of Chinese idols has made many people see the huge business opportunities, and it is easy to turn business opportunities into money." Zhu Wei said that the platform corner definitely welcomes fans to play the list. "It can not only improve the popularity of the platform, but also make a lot of money. Idols can also profit from it, because they generally have no works, and they can only increase their popularity through repeated activities. As for whether they can get the benefits of selling flowers from the platform, only fans don’t know. How many people who take the lead in crazy support are sent by idols to brainwash and circle money, and fans will not know. "

  "For the fan economy, the Internet industry is actually a contradictory attitude. On the one hand, fans can increase activity and increase income for the platform; On the other hand, intentional or unintentional, active and passive list brushing, water army and public relations behavior also make the industry hate it, because a good ecology needs a fair and equitable environment, but the reality is that a mouse has broken a pot of soup. When one person starts to brush the list, everyone starts to be forced to brush the list, and the whole ecology is broken. " Liu Xingliang, president of DCCI Internet Research Institute, believes that even at the expense of reducing the activity of the platform, such ecological destruction cannot be tolerated.

  Liu Xingliang introduced that in such a list-brushing game, many ash production companies in the industry earned a lot of money, such as selling trumpet, being a navy soldier and making automatic list-brushing software. "A large part of the money in the entire industrial chain has been earned by these companies, but what these companies do is meaningless or even harmful to the industry and society. The criteria for evaluating stars have also changed from works to well-done marketing and high energy of fans, which is the morbid state of the whole society. " (Reporter Bai Ge)