Yes, this is the overlord clause.

Many consumers' association organizations have always believed that according to the relevant provisions of the relevant laws of our country on format contracts and format clauses, it is a typical overlord clause for catering enterprises to refuse consumers to bring their own drinks and collect corkage fees, which infringes on consumers' right to know and free choice and should be stopped. Recently, the China Cuisine Association has publicly stated that it is reasonable for the catering industry to properly charge service fees for consumers who bring their own drinks and food; Catering enterprises can decide whether or not to charge service fees and how much to charge; However, if the charges must be clearly marked according to the regulations, and marked in an eye-catching position for consumers to know clearly, and the charges should be appropriate. The crux of the dispute lies in that both sides have different views on its legal nature. One party thinks that the regulation of "refusing to bring your own drinks" is a standard contract; On the other hand, it is nothing more than a self-protection regulation of the catering industry. So what exactly is a "format contract"? According to the second paragraph of Article 39 of the Contract Law, it refers to those "clauses drawn up in advance by the parties in order to reuse, and without consultation with the other party when concluding the contract". As the emergence of standard contracts often stems from the legal or de facto monopoly position of their users, which may directly threaten the freedom and justice of contracts, countries all over the world have to use various means such as legislation, judicature and administration to regulate their application in order to fully protect the legitimate interests of the weak customers. The relevant provisions of China's Contract Law, General Principles of Civil Law and Consumer Protection Law are all for this purpose. Therefore, if the question of whether to "allow bringing your own drinks" is stipulated in the form of regulations, it is undoubtedly difficult to get rid of the suspicion of positioning yourself as a provider of standard terms; However, the problem is that the catering industry is not a monopoly industry, so I think it is neither appropriate nor wise for catering enterprises to position themselves like this. If catering enterprises can fulfill their legal obligation to inform in their own services, the smartest thing to do is to position "reasonable charges for bring your own drinks" as "invitation to offer". According to Article 15 of the Contract Law of the People's Republic of China, the so-called "invitation to offer" is an expression of intention to expect others to make an offer to themselves. The sending of price list, auction announcement, tender announcement, prospectus and commodity advertisement are invitations to offer ". From the legal point of view, the invitation to offer is nothing more than a preparatory stage for concluding a contract, and it is a factual behavior that the parties express their wishes in the process of preparing for the transaction. Its content is to hope that the other party will take the initiative to express their intention to conclude a contract. Therefore, when catering enterprises clearly inform customers of the contents of "related fees to be charged for bringing their own drinks" by means of format contracts, notices, statements, in-store notices, etc., they can be considered as giving customers a specific catering service price list. Therefore, if our catering enterprises can make clear to the public the standard of reasonable expenses that should be borne by taking up the social service resources of restaurants with their own drinks, and put themselves in the position of inviting offers, this practice is nothing more than to make customers understand that all kinds of resources of catering enterprises are also obtained with compensation under the conditions of market economy, so it is entirely up to customers' own personal meaning to choose or not to choose such catering services and whether they are willing to bear such expenses. Of course, if the catering enterprises themselves are not afraid that customers will occupy their own "resources", it means that customers can bring their own drinks without charge, and it is not bad. This is also the embodiment of the spirit of "freedom of contract" and "autonomy of will" in commodity exchange.