Analysis Of Cases About "Own Prohibition Drinks" And "Corkage Charge"

"Prohibition own drinks" or "charge corkage fee" is a controversial topic in recent years. In many restaurants, KTV and other places of entertainment this has become an unwritten "rules".29th article of China Tourism Hotel Industry Standards" formulated by China Tourist Hotels Association said:"Operators can forbid guests to bring their own drinks and food into restaurants, bars, discos and other places to enjoy but a notice should be set up at their prominent place " This approach included in the Association rules for the first time. The specification becomes the basis of the hotel prohibiting own drinks and charging "corkage fee". Many consumers complained about this industry rules to Consumer's Association. But the Consumer's Association has no enforcement power. It cannot do anything to adjudge the legitimacy of this action.Because the litigation costs is too much. Civil case that consumers asking for the illegal service charge sue restaurants is uncommon. At present, there were no clear articles of law to definite the action of the operator. So the consumers questioned the legitimacy of such industry rules.My thesis chooses two cases, the hotels charged "corkage fee" in Chengdu and the KTV prohibited own drinks in Changsha.Through the analysis of two cases the author reveals the illegal nature of such industry standards. Operators violated a right to free choice of consumers, fair trading rights. Operator's behavior is illegal tying for the excessive profit profits. And the notice "Prohibition own drinks" violated the right of consumers, so it was invalid Standard terms. Cases also reflect the lacks of regulation to regulate industry standards and defects of protecting the consumer's rights. The imperfection in regulating industry standards are lacks of legislation, administrative supervision in place, unwilling to intervene in judicial review. At the same time, defects of protecting the consumer's rights beside in "Consumer Protection Law " no longer meets the status quo defenders and the contemporary existing defenders channels blocked Rights issues. On this basis, I have given some proposals to solve the problems. In the regulatory aspects of commercial lines regulation, we should improve legislation, strengthen administrative supervision and management and strengthen the sense of judicial review and improve the standard of judicial review. To perfect consumer rights protection system, we should revise " Consumer Protection Law ", reform the existing system of consumer associations mediation and alternative existing consumer litigation.I hope the legitimacy nature of such industry standards will be determined, regulation of commercial regulation is more reasonable and the consumer could protect their own rights easily.