yes. Infringed on consumers' right to choose their own goods or services. ?

article 9 of the consumer protection law stipulates that 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, decide whether to buy or not to buy any kind of goods, and accept or not to accept any kind of services.

consumers have the right to compare, identify and select goods or services. Consumers bring their own drinks to KTV, which can be said to be a choice made by consumers after comparing their own drinks with KTV drinks. Moreover, the main choice for consumers to spend in KTV is the entertainment service of KTV.

consumers have full autonomy to choose the type of service. Operators refuse consumers to bring their own drinks or charge consumers a bottle opening fee. Where does the reason come from? It can be seen that this practice of KTV violates this provision of the Consumer Protection Law. Infringed on consumers' right to choose their own goods or services.

Extended information

Case:

On February 9, Jiefang West Road, Changsha City, a "warm reminder" was given at the entrance of Windsor KTV, and consumers were not allowed to bring drinks into the venue. Reporter Jun Tang photo

The New Consumer Law prohibits the minimum consumption and box fees. Reporter's survey: The box fees in some restaurants change to the seat fees

The "overlord clause" is difficult to ban, and the merchants charge for changing their names

Sanxiang Huasheng all-media reporter Guo Can intern Zhang Lan Villi

KTV can't bring their own drinks when singing, and the minimum consumption of hotel boxes is 588 yuan ... On March 5, it was newly revised. At noon on February 9, the reporter visited more than 31 restaurants and KTV in Changsha, and found that all KTV and some restaurants are still forbidden to bring their own drinks, while the minimum consumption of boxes has quietly turned into "seat fee" and "service fee".

reporter's investigation

minimum consumption is set in more than half of the hotel boxes

At noon on the 9th, the reporter visited 22 hotels and 9 KTV in Changsha Xiangjiang Middle Road and Huangxing South Road Pedestrian Street as customers.

Of the p>22 hotels, a few said they could bring their own drinks, and several said they would charge a certain corkage fee. For example, in the flower forest on the pedestrian street, you need to charge a "cup-adding fee" of 11 yuan per person for bringing your own drinks, and the elegant old tree coffee waiter in Furong Middle Road said that "a little bottle opening fee is charged symbolically". Nine KTVs in Jiefang Road all said that they could not bring their own drinks, among which KTV such as Flo, Windsor and Xinmaike all made eye-catching sign reminders at the door.

Of the 22 hotels, 12 have set the minimum box consumption, such as Doulao Square on the 4th floor of yue fang Shopping Center, and the minimum box consumption is 811 yuan. You need to charge 31% bottle opening fee for the drinks you bring. Pozi Street Fire Palace, the lowest box consumption needs 511 yuan. The smallest box of the big bowl chef in Yaowang Street has the lowest consumption of 411 yuan, while the box in South Beauty has the lowest consumption of 211 yuan per capita.

The box fee was quietly replaced by the seat fee

The reporter learned in the interview that the original minimum consumption and box fee of some restaurants were quietly replaced by the seat fee and service fee.

Ms. Tang, the head of the catering department of wuyi avenue Dacheng International Hotel, said that the hotel used to set a minimum consumption of 2,111 yuan and needed a service charge of 11%, but now it has cancelled the minimum consumption, but the service charge is still collected.

Coffee Wing in Wuyi Square can't bring its own drinks, and there is no minimum consumption in the box, but the seat fee for each person in 1 yuan needs to be charged. The waiter said that the store had previously set a minimum consumption limit of 388 yuan for the box, but recently received a notice to cancel it.

In addition, the Qinhuang Restaurant in Xiangjiang Middle Road is charged 11% service charge according to box consumption. The account manager surnamed Cai said that the minimum consumption of 411 yuan in the former box has been changed to a service charge of 11%.

There are some restaurants that have no other hidden charges except ordering, such as several shops in Golden Horn King Chinese and Western Restaurant, delicious food in Xiangjiang Middle Road, colorful Jiangnan and so on.

authoritative explanation

the supreme law: the "overlord clause" is invalid even if a notice is posted

In an interview, the staff of the Golden Hans Buffet in the pedestrian street said that the store had told customers in advance that it was forbidden to bring their own drinks, and it would not be considered a violation of the regulations if customers knew before consumption. In addition, many hotel waiters think that the prohibition of bringing their own drinks and the minimum consumption of boxes are not overlord clauses, and they have not even heard of such regulations.

In this regard, the person in charge of the Supreme People's Court said that "no bringing your own drinks" and "minimum consumption in private rooms" in the catering industry belong to the overlord clause in the service contract, which is an unfair and unreasonable provision made by the catering industry in providing catering services to consumers by taking advantage of its dominant position. Even if statements, notices, notices, etc. are posted in these business premises, they are all invalid. Consumers can refuse or bring a lawsuit to the people's court, and the court will support them.

Lawyer's statement

It is unreasonable to charge the seat fee

Lawyer Fan Zhiqin of Hunan Pute Law Firm said that the setting of the seat fee is unreasonable. When customers come to the hotel for consumption, the hotel must provide basic services such as seats to ensure the normal consumption of customers, and no additional seat fee should be charged. Whether the service charge is reasonable depends on the situation. If the hotel informs the customers in advance and sets up a waiter in the box to provide the corresponding tea and wine pouring service for the customers when they consume, the service charge is reasonable to some extent. If the box provides the same service as the lobby, you can refuse to charge the service fee.

when encountering the overlord clause, consumers have three ways to protect their rights: one is to negotiate with the hotel; The second is to complain to the Consumers Association and the industrial and commercial departments; The third is to file a lawsuit with the court.

■ Mi Can, an all-media reporter of Sanxiang Huasheng

Intern Zhang Lan Villi

The cancellation of the "overlord clause" can force merchants to improve their services

A hotel manager of Chinese and Western restaurants who asked not to be named said that boxes spend more on decoration and labor than halls, so many hotels set minimum consumption or increase service fees to ensure profits. After the implementation of the "New Consumer Law", it will bring many new changes to the catering industry, so that hotels can't make a profit from the cost of drinks and boxes, which will encourage them to pay more attention to the taste of food and improve the quality of service to attract and retain customers.

many consumers said that canceling the minimum consumption in the box and being able to bring their own drinks would definitely be welcomed by consumers, but they were worried that restaurants would change their tricks to charge.

People's Daily Online-The new consumer law is still difficult to ban the overlord clause: Windsor KTV prohibits bringing your own drinks.