Traditional Culture Encyclopedia - Hotel reservation - Is it legal not to bring your own drinks?

Is it legal not to bring your own drinks?

First, is it legal not to bring your own drinks?

1. It is illegal for a hotel not to let guests bring their own drinks. Consumers have the right to decide whether to buy drinks from catering enterprises. Operators use statements, store notices and other forms to prohibit consumers from bringing their own drinks, and can only buy drinks several times higher than the market price in the store, which violates consumers' right to choose independently and fair trade. Prohibition of alcohol, minimum consumption, etc. Suspected of infringing consumers' right to free choice and fair trade, violating the provisions of the Consumer Law. From the consumer association industry organizations to the industrial and commercial law enforcement departments to the courts, it is often regarded as the "overlord clause" to prohibit bringing your own drinks, the minimum consumption in private rooms, and the charge for disinfecting tableware.

2. Legal basis: Article 26 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests.

Obligatory operators who correctly use standard terms should draw consumers' attention to the quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and other matters related to consumers' major interests in a significant way, and explain them according to consumers' requirements.

Operators shall not make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, reducing or exempting operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, shop notices, etc. , and shall not use format terms and use technical means to force transactions.

Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.

Second, how to punish guests who do not bring their own drinks?

It is unfair and unreasonable for catering operators to take advantage of their dominant position to increase consumer responsibility, which violates relevant laws and regulations and belongs to the overlord clause. If citizens encounter the overlord clause in the process of consumption, they can call the report hotline in time or complain to the Consumers Association or the Industrial and Commercial Bureau if the negotiation with the merchants fails. The industrial and commercial departments will, according to relevant laws and regulations, order enterprises to make rectification within a time limit, impose fines or suspend business for rectification as the case may be.