Legal analysis
Operators of catering industry can charge private room fees to consumers who eat in the store, but the premise is to clearly inform consumers of the detailed charging standards of private room fees in advance; Otherwise, the private room fee shall not be charged to the consumer, and if the private room fee has been charged, it shall be returned to the consumer.
The law should equally protect consumers' right to choose consumption and the legitimate management right of consumer service providers. Consumers have the right to know the real situation of the goods they buy or use or the services they receive, and make comparison, identification and selection on the basis of knowledge. Operators have the obligation to provide consumers with true information about goods or services. Only when the operator clearly informs consumers of the details of private room charges in advance can consumers compare, identify and choose on the basis of knowledge; If the operator fails to inform the consumer of the detailed information of the private room charge, it is not fulfilling the obligation of the operator and infringing on the legitimate rights and interests of the consumer, such as the right to know. Therefore, no fees should be charged, and the fees already charged should be returned to consumers.
legal ground
Article 26 of the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests, when using standard clauses in business activities, business operators shall draw consumers' attention to quantity and quality, price or expense, time limit and method of performance, safety precautions, risk warning, after-sales service, civil liability and other matters related to consumers' major interests in a conspicuous 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.