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Wednesday 16 October 2019

Online food service and delivery aggregators cannot dictate commercials terms

The Federation of Hotel & Restaurant Association of India (FHRAI) has extended its support to the #Logout campaign initiated earlier in August 2019, by the National Restaurant Association of India (NRAI), against deep-discounting and unfriendly trade practices by online food service delivery aggregator #Zomato. The apex hotel industry body comprising HRANI, HRAWI, SIHRA and HRAEI along with several other associations viz. Thane Hotel Association, Pune Restaurants & Hotel Association (PRAHA), NHRA, Vadodara Food Entrepreneurs (VFE) have also come together and joined the #Logout movement.

Anurag Katriar, president, NRAI, “Coming together of the two national representative bodies of the industry is a very significant development meant to send out a strong message to the FSAs about their highly-detrimental and predatory trade practices. Several city-based and affiliated bodies joining the campaign strongly indicate that the pain is being felt across the entire industry and everyone is aligned together in this movement.”

While recognising the need for a peaceful co-existence of the hotel and restaurant industry with e-commerce aggregators, Katriar said, it is also very clear that the terms of engagement between the two sides have to be equal at all times.

Gurbaxish Singh Kohli, president, Hotel and Restaurant Association of India (HRAWI) and vice president, FHRAI said no one can usurp the role of the other, and aggregators cannot dominate the industry or conduct their business in a manner that is detrimental or negatively impacts the industry’s growth or profits.

“The group is further clear that these aggregators, who are heavily funded by private equity (PE) funds, have to recognise that their role is that of a ‘market-place and/or a service-provider’, akin to a travel agency or a discovery platform like Yellow Page of yore. Their role is to merely aggregate services of the industry; they 'do not' represent the hotel and food service industry. Therefore, they cannot decide or dictate commercials terms to and on behalf of the industry,” said Kohli.



Among specific issues and grievances pointed out by the united associations, against Zomato and others aggregators include: deep discounting, lop sided / oppressive contracts with arbitrary rule changes, high commissions, high penalties and unilateral changes to them, delayed payments and unreasonable penalties, unreasonable additional charges, unethical practices such as showing a restaurant closed when riders are unavailable, private labels, forced use of delivery services, unreasonable and arbitrary rules of engagement, non-transparency and inconsistency of search algorithms, imposed certification, data masking, employing coercive tactics by threat of drop in rating, breach of promise and changing goalposts (Zomato Gold is a classic example) and surreptitious attempts to collect customer data through schemes such as free Wi-fi etc.

“This group also unanimously agreed that the Zomato Gold is an extremely detrimental product for the industry and strongly opposes the same. It is clothed in such a manner that it misleads a few gullible members into disastrous consequences. The FSAs are slowly but surely gaining dominance with the help of massive funding being made available to them through venture funds and private equity capital, the funds are then used towards several unfair trade practices. As responsible industry bodies, we stand strongly to protect their interests,
said Katriar.

Having joined hands, according to Pradeep Shetty, vice president, HRAWI and joint secretary, FHRAI, the group of associations will not hesitate in embarking on a nationwide agitation and resistance against Zomato and others if its demands are not met within a stipulated time frame.

Initiating another campaign called #TakingBackControl the group of united associations has put together a five-point charter and send out a strong message to all FSAs that they should always consult them, never appease customers solely at their cost, always ensure their profit as FSAs ensure their GMV-led valuation, never police and compete with the food service business operators.

Through this five-pronged charter, the group clarified that tech start-ups masquerading as new age businesses are a mere digital extension of a traditional market place. The service providers offering aggregated services such as discovery and directory will henceforth be recognised by the industry as ‘ancillary service providers’.

“FHRAI along with its constituent bodies across India and NRAI is committed to educate its members and the food and beverages (F&B) fraternity at large, as well as the Government, media and most importantly its guests that it will in no way allow these ‘ancillary service providers’ to be considered as ‘partners’ which nomenclature has been conveniently abused to confuse everyone into thinking they represent the primary business of hospitality and food service,” said Kohli.

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