Practical problems

Chen Mou celebrated his birthday with his colleagues in a private room of a hotel. When he finished the meal, he was told by the hotel waiter that their consumption did not reach the minimum consumption of 1,111 yuan stipulated in the private room of the hotel. If he did not continue to order food until the minimum consumption was reached, he had to settle the bill at 1,111 yuan. Chen Mou was quite dissatisfied and complained to the Consumers Association. So, can operators limit the minimum consumption?

lawyer's answer

At present, many operators set the minimum consumption standard when providing services to consumers, forcing consumers to accept it. Conflicts between such consumers and operators about the minimum consumption amount are common. According to the relevant provisions of the Consumer Protection Law, consumers have the right to choose their own goods or services. At the same time, the law also stipulates that 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.

this provision of the law on the protection of consumers' rights and interests shows that consumers have the right to decide the goods they will buy and use or the services they will receive according to their own economic situation and hobbies, and their consumption behavior is not subject to interference or restrictions from all sides. In this case, the minimum consumption stipulated by the hotel is a restriction on consumers' independent choice and an interference and obstruction to consumers' consumption behavior, which infringes on consumers' legitimate rights and interests and is an illegal act.

legal link

Law of the People's Republic of China on the Protection of Consumer Rights and Interests

Article 9 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 products or service methods, 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 select goods or services.