“开瓶费”条款的法律分析

Legal Analysis of the Clause of "Bottle-Opening Service Charge"

"开瓶费"问题反映了消费者和经营者之间的权利冲突,双方容易因此产生争议,在相关的司法判决中,法院对该条款的效力认定也存在差异。对该问题宜从合同法的角度出发进行探讨,"开瓶费"条款属于经营者单方拟定的格式条款,经营者只有履行了合理提示的义务,该条款才能成为双方合同的组成部分,否则经营者收取该费用就没有合同上的依据。而对订入合同的"开瓶费"条款,则应从双方的市场地位、交易对象等诸多因素进行一个综合的考量。

＂Bottle-opening service charge＂ reflects conflict of rights and benefit bctween consumers and operators, which is likely to produce disputes form both sides. In the relevant judicial judgment, there might be different identities on the validity of this clause. So it is necessary to discuss this problem from the viewpoint of Contract Law. This clause belongs to a form clause unilaterally drawn up by the operator. Only when the operator has fulfilled the obligation of reminding the consumer, can this clause become a component part of catering consuming contract for both sides, otherwise, the operator is invalid to get the charge. As for the clause of ＂bottleopening service charge＂, it is advisable to take this into account from such factors as market status of both parties and dealing object.