Is it not a violation for restaurants to refuse customers bringing their own drinks? Wuhan Catering Industry Association responds

Our newspaper report (reporter Wang Zhixin) The urgently revised "Wuhan Catering Industry Operating Standards (Trial)" has deleted the clause “refusing customers bringing their own drinks”. Yesterday, the secretariat of the Wuhan Catering Industry Association, when explaining to the media, insisted that operators can independently decide whether to allow customers to bring their own drinks and whether to charge a service fee.

The association secretariat claimed that whether an operator allows consumers to bring their own drinks and whether to charge an extra service fee is a civil agreement between the two parties to a transaction, and does not violate the provisions of the General Principles of Civil Law regarding invalid civil acts. Therefore, operators can independently decide whether to allow customers to bring their own drinks and whether to charge a service fee.

“Even if some restaurants refuse customers bringing their own drinks and charge a service fee, they have not violated the provisions of the Law on the Protection of Consumer Rights and Interests.” the association secretariat said.

A reporter randomly interviewed 5 consumers, all of whom found the association's self-contradictory approach puzzling: “The Standards have already deleted the clause refusing customers bringing their own drinks, yet the catering industry association still insists on this not-so-‘standard’ business practice. Should operators and consumers follow the Standards, or follow the association's interpretation?”

It is understood that since 2004, the China Consumers Association has repeatedly attacked the catering industry's unfair clauses such as “refusing customers bringing their own drinks”. In November 2007, China Consumers Association deputy secretary-general Wu Gaohan, in an interview with the media, criticized that catering industry associations in some places had formulated rules to rationalize hotels' “banning customers from bringing their own drinks”, becoming the backing for merchants' tough stance.

In April 2008, the industry and commerce department of Jiang'an District, in accordance with the Law on the Protection of Consumer Rights and Interests, which states: “Consumers enjoy the right of independent choice according to law”, took the lead in the city in halting “refusing customers bringing their own drinks”.

The consumers interviewed said that drink prices in Wuhan's catering industry are up to 4 times the market price, and “bringing your own drinks” is to avoid being “ripped off”.