I haven't asked ... Is there a legal obligation to pay for the izakaya?How do you prevent trouble?
"Open" but on the izakaya
After the request for a restaurant for a restaurant due to corona evil was released, some people think that "I enjoyed drinking at a izakaya after a long absence."Speaking of izakaya, if you order alcohol, you will be provided by "Otori".The amount, content, and price vary depending on the store, such as pickles and small dishes, but some stores are added to the accounting without clarifying the price and checking with customers.Regarding these systems, there are various voices, such as "Honestly, I don't want to pay for things I haven't ordered," "I have to pay if I eat it," "I want you to say it in advance," "Can you refuse?"I'm up.We asked Kazuo Makino of Shiba Sogo Law Office about legal issues over the passage.
"Application of contract" can be rejected
Q.Is it possible to refuse if the pass is provided without prior explanation?Mr. Makino: "There are places where you come out for free, but it seems that there are many cases that come out for a fee. In principle, you can legally refuse the provision on the spot.Because it was not issued, it can be said that it is a "application application for a contract" from the store to the customer. It is possible to refuse to apply for a contract. However・ If there is a price explanation or display in advance, such as explanation by telephone reservation, explanation from clerks at the time of entering the store, description on the menu, etc., "I agree with the paid offer for paid and the store service.I have to pay the price because it is interpreted as "is being used." Q..Is there any difference between the need to pay for the passage, between eating and not eating?Makino: Even if there is no explanation or display in advance, if you eat the issued, you will accept the application for the contract, so you will have a reasonable market price.In general, it is easy to think that it is not a contract application if you do not indicate the fee, but it is rational even if there is no clear agreement on the price.It can be said that claims at market prices are often accepted. Also, even if you do not touch, if left unattended, there is a possibility that you will be obliged to pay in many cases.If you refuse, the store may have been able to provide it to other customers. The fact that you left it without eating (implicit) (implicit), "I accepted the application for the provision.It will be often considered. Recently, some izakaya will give you an attractive passage that will make you want to eat immediately.It will be, but if you do not need to pass, you need to refuse it immediately. "Q.Can I refuse this if the order is required when entering or explaining the menu?Makino: "If it is explained and displayed in advance that" Otoshi is provided for a fee ", it will be interpreted as using the store service after agreeing, so we refuse to pay.I can't do anything. Also, it seems that it is legally no problem to collect it from customers in the name of the entrance fee and seating fee, considering the provision of a kind of "admission fee" and "seating fee".It is not very common to take admission and seating charges, especially in ordinary restaurants that are not high -end, due to the construction of seats, the presence or absence of customer service.It gives the impression that the seating fee is expensive, so it may be difficult for the store to actually adopt it. In addition, at a luxury hotel or luxury restaurant, there is a generous customer service by hotel staff and Nakai., If there is an announcement or display to collect the so -called "service fee", it seems that there is no problem unless it is an excessive rate. "Q..What should be aware of the store and the customer to prevent the trouble of the passing fee?Makino "The shop needs to explain and display the price to the customer in advance. If you get drunk, you should avoid the attitude of not saying anything.Some people go to the izakaya, so in that sense, the store needs to be careful. If there is no prior price explanation or display, check the price of the pass and give it for a fee.If the content does not match the price, it is necessary to have the courage to refuse immediately. When you go to drink on a business or date, you may be able to do that, but if you are offered and refuse immediately., There is no legal payment obligation. There is a similar trouble with "Music Charge (Performance Fee)". In a lounge such as hotels, live performances and live vocals flow, and "Live for free, this is a free performance.While I thought it was a good shop, I may be charged a music charge of several thousand yen per person at the time of payment. If this is not a prior fee explanation or display, the law.It is difficult to force payments. However, if there is no price explanation or display in advance, you can refuse to receive it immediately, but in the case of a performance, you have to leave the place.As soon as the performance starts, leaving the place is not realistic for customers who are eating and drinking in the lounge, so requesting a music charge is still required to explain and display in advance. "