Is it illegal to refuse to bring your own drinks?

It violates the right of consumers to choose their own goods or services. ?

Article 9 of the Consumer Protection Law stipulates that consumers have the right to choose their own goods or services. Consumers have the right to choose their own operators to provide goods or services, choose their own varieties of goods or services, decide whether to buy or not to buy any kind of goods, and accept or not to accept any kind of services.

Consumers have the right to compare, identify and choose their own goods or services. Consumers bring their own drinks to KTV, which can be said to be the choice made by consumers after comparing their own drinks with KTV drinks. And the main choice for consumers to spend in KTV is the entertainment service of KTV.

Consumers have full autonomy in choosing service types. Operators refuse consumers to bring their own drinks or charge consumers a bottle opening fee. Where does the reason come from? It can be seen that this practice of KTV violates this provision of the Consumer Protection Law. Infringed on consumers' right to choose goods or services independently.

Extended data

Case:

On February 19, a "warm reminder" was posted at the entrance of Windsor KTV on Jiefang West Road, Changsha City. Consumers are not allowed to bring drinks in. Reporter Jun Tang photo

The new law prohibits minimum consumption and box fees. Reporter's investigation: Some restaurants changed the box fee to the seat fee.

The "overlord clause" is difficult to ban, and merchants charge different names.

Sanxiang Huasheng All-Media Reporter Yan Can Intern Zhang Lan fluff

You can't bring your own drinks when singing in KTV, and the minimum consumption of hotel boxes is 588 yuan ... On March 15, the newly revised Consumer Protection Law will be officially implemented, and these overlord clauses will become illegal. At noon on February 19, the reporter visited more than 30 restaurants and KTV in Changsha, and found that all KTV and some restaurants are still forbidden to bring their own drinks, and the minimum consumption of boxes has quietly become "seat fee" and "service fee".

Journalist investigation

More than half of the hotel rooms are set with minimum consumption.

19 At noon, the reporter visited 22 hotels and 9 KTV in Changsha Xiangjiang Middle Road and Huangxing South Road Pedestrian Street as customers.

Among the 22 hotels, several said they could bring their own drinks, and several said they would charge a certain bottle opening fee. For example, in the flower forest on the pedestrian street, you need to charge 10 yuan for bringing your own drinks. The elegant old tree coffee waiter in Furong Middle Road said, "A little bottle opening fee is charged symbolically". Nine KTVs in Jiefang Road all said that they could not bring their own drinks. Among them, KTVs such as Flo, Windsor and Xinmaike all made eye-catching signs at the door to remind them.

Among the 22 hotels, 12 have set the minimum box consumption, such as Doulao Square on the 4th floor of Fang Yue Shopping Center, and the minimum box consumption is 800 yuan. You need to charge 30% corkage fee for carry-on drinks. Pozi Street Fire Palace, the lowest box consumption needs 500 yuan. Wang Yao Street Bowl Chef's smallest box has the lowest consumption in 400 yuan, while South Beauty's box has the lowest per capita consumption in 200 yuan.

The box fee was quietly replaced by the seat fee.

The reporter learned in the interview that the original minimum consumption and box fees of some restaurants were quietly replaced by seat fees and service fees.

Ms. Tang, the head of the catering department of wuyi avenue Dacheng International Hotel, said that the hotel used to stipulate a minimum consumption of 2,000 yuan, which required a service charge of 10%. Now the minimum consumption has been cancelled, but the service charge is still collected.

Coffee wings in Wuyi Square can't bring their own drinks, and there is no minimum consumption in the box, but they need a seat fee of 1 yuan per person. The waiter said that the store had previously set a minimum consumption limit of 388 yuan for the box, but recently received a notice to cancel it.

In addition, Qin Huang Restaurant in Xiangjiang Middle Road charges a service fee of 10% according to box consumption. The account manager surnamed Cai said that in the past, the minimum consumption of 400 yuan in the box was changed to 10% service charge.

There are also some restaurants that charge nothing except ordering food, such as several shops in Jinjiao Wangzhong Western Restaurant, delicious food in Xiangjiang Middle Road, colorful Jiangnan and so on.

authentic interpretation

Supreme law: the "overlord clause" is invalid even if it is posted.

During the interview, the staff of Jinhansi Buffet on Pedestrian Street said that customers had been informed in advance that it was forbidden to bring their own drinks. If customers knew before consumption, it would not violate the regulations. In addition, many hotel waiters think that the prohibition of bringing their own drinks and the minimum consumption of boxes is not a overlord clause, and they have never even heard of such a regulation.

In this regard, the person in charge of the Supreme People's Court said that the catering industry's "no bringing drinks" and "minimum consumption in private rooms" are the overlord clauses in the service contract, which are unfair and unreasonable provisions made by the catering industry when it uses its dominant position to provide catering services to consumers. Even statements, notices, notices, etc. All posted in these business premises are invalid. Consumers can refuse or bring a lawsuit to the people's court, and the court will support them.

Lawyer's statement

It is unreasonable to charge a seat fee.

Lawyer Fan Zhiqin of Hunan Pute Law Firm said that the setting of the seat fee was unreasonable. When customers come to the hotel for consumption, the hotel must provide basic services such as seats to ensure the normal consumption of customers, and shall not charge extra seat fees. Whether the service fee is reasonable depends on the situation. If the hotel informs customers in advance and sets up waiters in the box to provide customers with corresponding tea and wine pouring services when they consume, the service fee is reasonable to some extent. If the box provides the same service as the lobby, you can refuse to charge the service fee.

When encountering the overlord clause, consumers have three ways to defend their rights: one is to negotiate with the hotel; The second is to complain to the Consumers Association and the industrial and commercial departments; The third is to file a lawsuit with the court.

■ Sanxiang Huasheng All-Media Reporter Yan Can

Intern Zhang Lan fluff

visual angle

Canceling the "overlord clause" can force businesses to improve their services.

A manager of the hotel's Chinese and Western restaurants, who asked not to be named, said that the box costs more in decoration and labor than the lobby, so many hotels set minimum consumption or raise service fees to ensure profits. After the implementation of the "New Consumer Law", it will bring many new changes to the catering industry, making hotels unable to profit from the cost of drinks and boxes, which will urge them to pay more attention to the taste of food and improve the quality of service to attract and retain customers.

Many consumers said that the cancellation of the minimum consumption of boxes can bring their own drinks, which will definitely be welcomed by consumers, but they are worried that restaurants will change their fees.

People's Daily Online-The new consumer law is still difficult to ban the overlord clause: Windsor KTV is forbidden to bring drinks.