High-end restaurants cleverly set up a name to charge high "corkage fees"?
The store charges service fees from consumers who bring their own drinks in the name of the usage fee for wine utensils, etc. The lawyer said that the “corkage fee” belongs to the Overlord Clause.
There are many companies near Beijing Guomao, with huge passenger flow, and there are many mid-to-high-end western restaurants in the surrounding area.
A reporter from the Beijing Youth Daily conducted an investigation on August 24 and found that for consumers’ behavior of bringing their own drinks, many shops charge as little as 100 yuan per bottle in the name of service fees for drinks, usage fees for wine utensils, and cup rental and cleaning fees. A "corkage fee" of three to four hundred yuan is charged.
The reporter has reported the relevant information learned during the interview to the Chaoyang District Market Supervision Administration.
reflect
Bringing your own beverages is required to charge a service fee for beverages
"A few days ago, I went to eat at a restaurant in China World Trade Center called F Bistronome, and brought my own red wine. The store said that it would charge a service fee of 200 yuan per bottle." Ms. Zhang, a citizen, told Beijing Youth Daily. The reporter broke the news that because she was puzzled by this practice, she argued for reasons, and the store staff replied that if you use the corkscrew, wine glass, and decanter in the store, you will be charged. If you don’t need them, just use it. They can waive the fee for drinking cups.
There is another way to get it for free, which is to buy a bottle of red wine from the store, but Ms. Zhang observed the price on the menu and found that the cheapest red wine was more than 200 yuan.
Faced with Ms. Zhang's insistence on using wine utensils, the store claimed that the fees charged were mainly used for cleaning of wine utensils, because wine glasses are expensive and require special cleaning, and they will also indicate in the bill that this is a "cup utensil cleaning fee."
After that, Ms. Zhang used wine utensils, but said that she would complain to the shop at 12315.
In the end, the store waived this fee.
Follow up
Many stores claim that there is no charge for buying alcohol in the store
Regarding the phenomenon mentioned by Ms. Zhang, a reporter from the Beijing Youth Daily called many well-known restaurants near China World Trade Center in the name of bringing their own red wine to eat. The staff all said that they would charge a service fee for wine service or use of wine utensils, and cup rental. Cleaning fees, wine service fees, etc.
And many restaurants said that if they can buy wine from the store, they can waive the cost of bringing their own wine.
According to the staff of the Beijing Liang China Grill restaurant of the Park Hyatt Hotel, the restaurant has no restrictions on bringing in beverages, but a service fee of 400 yuan per bottle is required.
"You can also order a bottle of wine in our store, so that you can open a bottle of wine for free."
The staff of another restaurant named Jinting Dining Room of Park Hyatt Hotel also said that for customers who bring their own drinks, the restaurant needs to provide cups and decanting equipment, so each bottle needs to charge a 400 yuan service fee for drinks.
"In fact, this means that you don't want guests to bring their own wine. We have high-cost wines here, and there are also wines for five or six hundred yuan. It is not particularly cost-effective for you to bring your own."
Atta bj (China World Shopping Mall) is an Italian restaurant. The staff said that customers who bring their own drinks will charge a 100 yuan per bottle for the use of wine utensils. 200 yuan is charged. This is stipulated by our boss."
The staff said that if customers order a bottle of wine in the store, they can be exempted from the usage fee for wine utensils.
"The cheapest red wine on our side is 238 yuan, and the mid-range wine in the store costs 400 yuan per bottle."
The staff of a restaurant called The View4109 said that for those who bring their own wine, they need to charge 300 yuan for each bottle of wine. For every bottle of wine ordered in the restaurant, they can waive the fee for a bottle of their own wine. .
"We are a wine-based French restaurant. The wines in the store are very cost-effective. You can choose to buy wine in the restaurant. If you bring your own wine, you need to use the wine glasses and decanters in the restaurant, and you need to serve wine, so The company stipulates that there is a fee for serving wine."
The staff of Huachu (Guomao Store) said that for those who bring their own drinks, they will add 15% of the whole bill. “If we don’t use our wine glasses, decanters, etc., we can provide drinking glasses without charge. In addition, Customers can also purchase a bottle of wine from the store, and the additional 15% fee will be waived."
RAM
The restaurant charges corkage fees 20 years ago
The high cost of drinks in restaurants is the main reason why most consumers choose to bring their own drinks.
Consumers and businesses triggered lawsuits due to the "corkage fee", and related cases were reported by the media 20 years ago.
A reporter from Beijing Youth Daily sorted out relevant cases and learned that the first domestic case of corkage fees between consumers and businesses occurred in Guangzhou.
On the evening of July 15, 2001, Mr. Qu, a citizen of Guangzhou, went to a restaurant for dinner and was charged a corkage fee of 20 yuan.
Consumers and businesses have filed a lawsuit over whether they should charge or not.
In the end, the Guangzhou Intermediate People’s Court held that the “corkage fee” charged by the restaurant was actually a service fee, which violated the basic principles of fairness, voluntariness, and equal compensation in the General Principles of Civil Law, and maintained the restaurant’s decision in the first instance. Need to refund the corkage fee of 20 yuan.
The Haidian Court has heard the first case in Beijing regarding the fact that customers bring their own beverages to the store for consumption and the restaurant charges a "corkage fee".
On September 13, 2006, the plaintiff Wang Ziying brought a bottle of white wine with his client to a restaurant.
After the meal, the restaurant charges 296 yuan for the meal, including 100 yuan for the "cork service fee".
The restaurant’s recipes are printed: "Guests bring their own drinks, and a service fee is charged at 50% of the restaurant’s selling price." "For drinks that are not available in this restaurant, a service fee of 100 yuan per bottle will be charged."
After hearings, the Haidian Court held that the restaurant’s practices infringed on the fair trade rights of the consumer Wang Ziying, which constituted illegitimate gains and should be returned.
The first instance of the court determined that the merchant would refund the consumer 100 yuan in full for the “corking service fee”.
Text/Reporter Dong Zhenjie, Bailong Intern Yin Hang
Coordinator/Sun Huili
Lawyer's Statement
"Corkage fee" belongs to the overlord clause in the service contract
Is the corkage fee legal?
Is it allowed if the name is changed?
For consumers, is it worth the time and effort to fight a lawsuit for a meal out?
If there is no lawsuit, is there a way to defend rights?
Regarding the above circumstances, lawyer Jin Jiannan of Beijing Huazhitao Law Firm believes that the catering industry’s “prohibition of bringing your own drinks” and “charging of corkage” are the overlord clauses in the service contract, and the catering industry takes advantage of its dominant position. Provisions made in the provision of catering services to consumers that are unfair and unreasonable to consumers.
Consumers can request the people's court to confirm the invalidity of the Overlord Clause in accordance with the above-mentioned legal provisions.
At present, if there is a charge of "corkage fee" and "private room fee", how should consumers protect their rights?
According to Article 39 of the "Consumer Rights Protection Law", consumer rights disputes between consumers and business operators can be resolved through the following channels: (1) negotiate and settle with the business operators; (2) request consumer associations or legally Set up other mediation organizations to mediate; (3) lodge a complaint with the relevant administrative department; (4) apply to an arbitration institution for arbitration based on the arbitration agreement reached with the operator; (5) file a lawsuit with the people’s court.
When consumers fail to negotiate with catering companies, they can ask the Consumer Association to conduct civil mediation. If they still fail, they can dial 12315 to pass the administrative mediation of the market supervision department.
If an agreement cannot be reached, consumers and businesses can also sign an arbitration clause and submit it to an arbitration institution for arbitration.
Consumers can also file a lawsuit in court to protect their rights.
Jin Jiannan believes that the key to solving the "corkage fee" problem lies in clarifying the illegal responsibilities of catering companies.
It is hoped that laws and regulations can be further clarified, and the rights, responsibilities, obligations, and penalties for charging corkage fees can be further clarified.
Standards should be set for value-added service charges
Attorney Chang Liang from Beijing Jiashan Law Firm stated that there should be a reasonable price range in terms of fees.
In the catering services provided by the restaurant, there is a clear difference between drinks and meals. The meals are processed through a series of restaurant services, and the drinks have no added value. There should be no significant price difference when buying in restaurants or outside.
Chang Liang believes that for merchants to charge "corkage fees" or other nominal fees, the price department should guide and set standards, and should not charge excessively or arbitrarily.
If the corkage fee charged by the merchant is too high, consumers can report the situation to the relevant department, and the price department should also impose penalties.