Is the "corkage fee" of the hotel legal?

Illegal, consumers have the right to decide whether to buy any kind of goods, which is forced consumption.

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 9 stipulates that consumers have the right to choose their own operators who provide goods or services, choose their own products or service methods, decide whether to buy or not to buy any kind of goods, and accept or not to accept any kind of services.

Article 24 stipulates: "Business operators shall not make unfair and unreasonable provisions to consumers by means of format contracts, notices, statements, store notices, etc.

Extended data

It is not illegal to refuse to bring your own drinks;

First, the judgment that "it is illegal to collect bottle opening fees" does not mean that "refusing to bring your own drinks" is also illegal. There is a simple reason. "Charging corkage fee" and "refusing to bring your own drinks" are different concepts and behaviors.

Second, "refusing to bring your own drinks" does not infringe consumers' right to choose.

Article 9 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests stipulates:

"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, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services. Consumers have the right to compare, identify and choose when choosing their own goods or services. "

Since February 22, 2006, 65438 news media reported the verdict of the first case of bottle opening fee in Beijing? Since the prohibition of corkage fees was first supported by the judiciary, the debate about whether corkage fees are legal has never stopped.

The practice of the Haidian District People's Court in Beijing to collect the corkage fee infringes on consumers' right to fair trade, which belongs to unjust enrichment, and the judgment that it should be returned is undoubtedly correct. ? Wu, deputy secretary-general of the China Consumers Association, said that "charging consumers for bottle opening fees violates consumers' right to choose freely" and has no legal basis.

Reference source Baidu Encyclopedia-People's Republic of China (PRC) Consumer Protection Law