Article 9 of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests stipulates:

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, and decide whether to buy or not to buy any kind of goods or accept or not to accept any kind of services. Consumers have the right to compare, identify and choose their own goods or services. ?

Article 26? When using standard clauses in business activities, business operators should draw consumers' attention to the contents that have significant interests with consumers, such as quantity and quality, price or cost, time limit and method of performance, safety precautions and risk warning, after-sales service, civil liability and so on. , and explain according to the requirements of consumers. ?

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. ?

Extended data

In an interview with the media, the Supreme People's Court said that the catering industry's "no bringing your own drinks" and "minimum consumption in private rooms" belong to the unequal format clauses in the service contract (commonly known as overlord clauses), which are unfair and unreasonable provisions made by the catering industry when it uses its dominant position to provide catering services to consumers. Consumers may request the people's court to confirm that the overlord clause is invalid.

According to Article 40 of the Contract Law, the standard terms are invalid if they fall under the circumstances stipulated in Articles 52 and 53 of this Law, or if the party providing the standard terms exempts the other party from its responsibilities, aggravates the other party's responsibilities and excludes the other party's main rights.

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

People's Daily Online-The Supreme Law clarifies that "no bringing your own drinks" belongs to the overlord clause of the catering industry.