"It is forbidden to bring your own alcohol, beverages, food, ......" Nowadays, such reminders are posted in many consumer places, which often cause some controversies and disputes. Many consumers wonder, is it legal for merchants to do this?
Recently, a dispute related to the "ban on outside drinks" has attracted people's attention. Some netizens complained that a bathing center in Bengbu, Anhui Province prohibits carrying drinks, mineral water, snacks, etc., with boiled water at 20 yuan per pot and mineral water at 8 yuan per bottle. Some netizens broke the news that the bathing center had to charge for drinking water, which led to dissatisfaction among guests and disputes with the lobby manager.
Source: Bengbu Daily
Subsequently, the Bengbu Municipal Market Supervision Bureau conducted an on-site inspection of the bathing center in accordance with the law and found that there were indeed store notices posted in the hall on the first floor, including "prohibiting take-out, alcohol, beverages, mineral water, fruit snacks" and other content. The price list on the water bar of the business premises shows: boiled water is 20 yuan a pot, 6 yuan a cup, and mineral water is 8 yuan a bottle.
In this regard, the AMR determined that the bathing center's actions were suspected of violating the Consumer Rights Protection Law and the Regulations on the Protection of Consumer Rights and Interests of Anhui Province. After filing a case for investigation, the SAMR served a Notice of Correction, ordering the parties to immediately correct the illegal acts.
In response to the regulation of "prohibiting take-out drinks" in bathing centers, most netizens have opposing opinions. Some netizens said, "Bengbu lived" and "excessive", and some netizens pointed out that "prohibiting bringing your own things is an overlord clause" and "many bathing centers are like this≠";
Source: Screenshot of Weibo netizen comments
In this regard, Shi Hongsheng, a member of the lawyer expert database of the "Rule of Law Daily" and a senior partner of Beijing Yingke (Huai'an) Law Firm, told the reporter of the rule of law network that Article 9 of the Consumer Rights and Interests Protection Law stipulates that consumers have the right to choose goods or services independently; Article 26 of the Consumer Rights and Interests Protection Law stipulates that business operators shall not make unfair and unreasonable provisions to consumers such as excluding or restricting consumer rights, reducing or exempting business operators' responsibilities, and aggravating consumer responsibilities by means of store notices. Therefore, the provisions of the bathing center are suspected of infringing on consumers' right to independent choice and fair trade, and belong to the overlord clause, which is invalid according to the law.
A reporter from the rule of law network noticed that regulations such as "prohibiting bringing your own alcohol" first attracted attention, mainly in the catering industry. As early as 2013, the Beijing Municipal Administration for Industry and Commerce announced six unfair contract standard clauses in the catering industry, such as "prohibiting bringing your own alcohol", "one yuan for disinfection tableware" or "additional charge for disinfection tableware" and "×× yuan minimum consumption for private rooms", confirming that such clauses are unfair standard terms that exempt operators from their own responsibilities, increase consumer responsibilities or exclude consumer rights.
In 2014, the Supreme People's Court also made it clear that "prohibiting bringing your own alcohol" and "setting a minimum consumption in private rooms" are unfair and unreasonable provisions made by catering operators to increase consumer responsibilities by taking advantage of their dominant position, which violates relevant laws and regulations and belongs to overlord clauses.
It is worth noting that in addition to food and beverage establishments, KTVs, bathing centers, movie theaters, etc. are also places where regulations such as "alcohol and food are prohibited" are frequent. On social platforms such as Xiaohongshu, a reporter from the rule of law network found that many netizens reported their experience of being restricted from carrying alcohol. Although some businesses do not restrict carrying, they require consumers to bear corkage fees, sanitation fees, etc.
Source: Screenshot of Xiaohongshu
Lawyer Shi Hongsheng reminded that KTV and other places require consumers to bear obviously unreasonable corkage fees, sanitation fees, etc., which is an unfair and unreasonable provision made by KTV to increase consumer responsibility by taking advantage of its dominant position as an operator, and is in violation of the law. The profit of the merchant should be within the legal framework, and it is recommended that the merchant operate legally and compliantly to avoid being investigated and punished by the relevant departments for similar violations of laws and regulations.
At the same time, Mr. Shi suggested that consumers should be wary of invalid clauses in standard contracts, and if they encounter "overlord clauses" such as merchants who are not allowed to bring their own alcohol and food when consuming, it is recommended to report to the local market supervision and management department, or they can call 12315 to complain and report to protect their legitimate rights and interests.
Topic selection and planning|Legal Network Research Institute
Text: Huang Meiling
Producer|Yu Yingbo
Editor|Huang Meiling
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