Traditional Culture Encyclopedia - Hotel reservation - Is it legal for the hotel to charge the service fee for self-contained drinks? A table is twenty.

Is it legal for the hotel to charge the service fee for self-contained drinks? A table is twenty.

It is illegal for hotels to charge for their own drinks.

According to the second and third paragraphs of Article 26 of the Law on the Protection of Consumer Rights and Interests, business operators shall not exclude or restrict consumers' rights, reduce or exempt business operators' responsibilities by means of standard clauses, notices, statements, shop notices, etc.

It is not allowed to use standard terms and technical means to force transactions to increase consumers' responsibilities and other unfair and unreasonable terms to consumers. Format terms, notices, statements, shop notices, etc. If it contains the contents listed in the preceding paragraph, its contents are invalid.

"It is forbidden to bring your own drinks, set a minimum consumption in private rooms, and charge a corkage fee. These are the overlord clauses of the catering industry and belong to an industry monopoly. Catering operators use their dominant position to make unfair and unreasonable provisions that aggravate consumers' responsibilities.

It belongs to the overlord clause. Consumers can negotiate with the store to solve the dispute first. If the solution fails, you can complain to the Consumers Association or call the hotline 123 15, or you can directly bring a lawsuit to the court and ask the court to confirm that the overlord clause is invalid.

Extended data

Illegal case

Mr. Lin's company held a meeting in a hotel in the county, and the participants ate in the hotel after the meeting. But when Mr. Lin checked out, he found that the amount was wrong and overpaid 600 yuan. He looked it over carefully and found that the bill said service charge 600 yuan. The waiter said the money was a service charge for bringing your own drinks.

However, the hotel did not explicitly charge the service fee for bringing your own drinks, and no waiter informed you before the meeting. Mr. Lin thinks this is unreasonable. So he called 123 15 to make a complaint and asked the industrial and commercial department to help mediate.

After receiving the complaint, Pingyi County Administration for Industry and Commerce immediately sent law enforcement officers to the scene to investigate and understand.

After investigation, Mr. Lin reflected the truth. According to Article 8 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests: "Consumers have the right to know the real situation of the goods they buy or use or the services they receive.

Consumers have the right to require business operators to provide information such as the price, place of origin, producer, use, performance, specifications and grades of goods according to the different conditions of goods or services.

Main ingredients, production date, expiration date, inspection certificate, instructions for use, after-sales service or service content, specifications, costs and other related information.

The third paragraph of Article 31 of the Regulations on the Protection of Consumers' Rights and Interests in Shandong Province stipulates: "The charging items and prices of catering and entertainment shall be clearly indicated to consumers before they receive services.

Without express, consumers have the right to refuse to pay. After patient mediation by law enforcement officers, the hotel agreed to refund the 600 yuan service fee charged by Mr. Lin, and Mr. Lin expressed satisfaction.

References:

People's Network-Industrial and Commercial Mediation brings its own drinks to collect service fees to protect rights

China Government Network-People's Republic of China (PRC) Consumer Rights Protection Law