In hotels, restaurants and other places, "no bringing your own drinks" and "minimum consumption in private rooms" are unfair and unreasonable provisions made by catering operators by taking advantage of their dominant position, which aggravate consumers' responsibilities and violate relevant laws and regulations, and belong to the "overlord clause".
according to the second paragraph of article 26 of the law of the people's Republic of China on the protection of consumers' rights and interests, business operators are not allowed to make unfair and unreasonable provisions to consumers, such as excluding or restricting consumers' rights, lightening or exempting business operators' responsibilities, and aggravating consumers' responsibilities, by means of format clauses, notices, statements, store notices, etc., and are not allowed to use format clauses and technical means to force transactions.
format clauses, notices, statements, store notices, etc. that contain the contents listed in the preceding paragraph are invalid.
personally, I think whether it belongs to the overlord clause should be treated differently according to the service motivation of the merchants. If the drinks provided by the merchants are consistent with the market price, it is not the overlord clause, because the use of drinks by customers in the business premises not only occupies their business space and time, but also increases their service volume. It is reasonable to use the drinks they provide, or they can pay extra for the service, which is now recognized by some merchants and customers.
if a merchant forbids customers to bring their own drinks, but refuses to charge them in the form of service fees, deliberately sells drinks at high prices or asks for high service fees, with the purpose of increasing profits rather than providing good services, and customers can only accept it helplessly, it can be regarded as the overlord clause.
however, it is unreasonable for consumers to prohibit customers from bringing their own drinks for the purpose of making profits from drinks. The commercial notice of "refusing to bring your own drinks" is illegal to buy and sell, which is an infringement on consumers' independent choice. In addition, the catering industry should inform consumers in advance of the "minimum consumption", "private room fee", "bottle opening fee" and "service fee".
Eating out is often a kind of enjoyment. Merchants should provide consumers with choices, so that consumers can get the same treatment with or without drinks. Good catering and service quality will lead to more guests and natural profits. From the consumer's point of view, we should choose rationally according to our own needs, and dare to say no when encountering behaviors that harm our own interests.