Is BYO Drinks Allowed in Restaurants?

So, picture this: it’s the weekend, and I’m out with some friends for a nice dinner. As we’re settling in, one of my friends, bless their heart, pulls out a bottle of wine they brought from home. Just as we’re about to toast to a great evening, the eagle-eyed waiter swoops in and stops us in our tracks. “No outside drinks allowed,” he declares, and adds that if we want to drink our own wine, we’d have to pay an extra service fee. So the question is, is this really legal? Can restaurants actually do this?

Well, let’s dive into the legal pool for a moment. Turns out, the restaurant’s policy of “no outside drinks, or else pay a service fee” doesn’t quite hold up under the law. This kind of rule is considered a “standard clause,” which, according to Chinese law, is invalid if it unreasonably restricts consumer rights. Essentially, you can bring your own drinks to a restaurant or KTV without fear of reprisal. The waiter has no grounds to stop you, let alone check your bag like a bouncer at a nightclub.

Let’s break it down in simpler terms:

First, consumer rights are protected by laws that ensure you have the freedom to choose what you want to buy and where you want to buy it from. This means you can decide to bring your own drinks to a restaurant if you wish. The restaurant can’t force you to buy their drinks or charge you extra for bringing your own.

Second, the law insists on fair trade conditions. This means when you’re paying for a meal, you should get what you pay for without any hidden charges or unfair rules. Charging you extra for bringing your own drinks falls into the category of unfair practices because it imposes an unreasonable restriction on your rights as a consumer.

Moreover, businesses are required to highlight significant terms related to services and prices in a clear and noticeable way. They can’t just sneak in unfair rules through notices, declarations, or shop policies that limit your rights or shift their responsibilities onto you. If a restaurant tries to enforce such a rule, it’s considered invalid by law.

Therefore, if you encounter such a scenario, you can take out your phone and start recording, and have your friend call the government consumer hotline 12315 to file for a complaint. The restaurant can be fined a 5 digit number for violating the law.