Forbidden Out-of-Band Food Flip Pack Inspection Cross-Border Consumer Association: Supporting Disney Litigation

 Forbidden Out-of-Band Food Flip Pack Inspection Cross-Border Consumer Association: Supporting Disney Litigation

On the morning of August 14, China Consumer Association announced that it supported college studentslawsuit against Shanghai Disney. Recently, Shanghai Disneyland (hereinafter referred to as Shanghai Disneyland) was sued in court by a law major college student for forbidding tourists to bring food into the park and for checking its bags. The incident triggered heated debate. Shanghai Disney responded by saying that the rules for take-out food and beverages are in line with most theme parks in China and other Disney destinations in Asia.


Disneys double-label ban on food was brought to court by University Students

People who visit Disney in Shanghai may have experienced the experience of bringing their own snacks to the park, or eating them before entering the park, or storing them or discarding them. However, just because of this request, Shanghai Disney was sued by Xiao Wang, a university student. The Pudong Court accepted the case. Beijing Youth Daily reporters learned that Xiao Wang filed two lawsuits against the defendant, Shanghai International Theme Park Co., Ltd. to confirm that the format clause of Shanghai Disneyland prohibiting tourists from carrying food into the park is invalid; to request Shanghai Disneyland to compensate the plaintiff for losses, including the plaintiffs purchase outside Disneyland but unreasonable for the defendant. Food costs forcibly discarded under the rules totalled 46.3 yuan.

Beijing Youth Daily reporter noted that according to the Shanghai Disney regulations, visitors can choose the dining service provided by Disney in the park, while visitors with their own food can eat at the entrance or deposit the food in the locker charged 80 yuan per day in the park.

Beijing Youth Daily reporters learned that three Disneyland parks in the United States and France do not prohibit consumers from carrying food into the park; Chinese official website of Tokyo Disney in Japan does not completely prohibit tourists from taking their own food. Shanghai Disneyland stipulates that no food, alcoholic drinks or non-alcoholic drinks exceeding 600 ml should be brought into the park.


China Consumer Association: Disney uses its special status to restrict consumers

Dong Zhuli believes that the managersbusiness behavior can be judged from the two dimensions of law and honesty. The law is only the bottom line, many acts may not be clearly illegal from the legal point of view, but whether it conforms to the principle of good faith, whether it can win the trust of consumers, this is what operators should consider.

For consumers questioning the high price of Disney meals in Shanghai, Dong Zhuli, Deputy Secretary-General and spokesman of China Consumer Association, believes that business operators have the right to set their own prices, but the autonomy of business operators is conditional. There are two dimensions to consider. First, is the pricing and its cost ratio reasonable, and is there a windfall component? Second, whether self-pricing affects fair and just market order.

In addition, Chen Jian, director of the Legal and Theoretical Research Department of the China Consumer Association, believes that Shanghai Disneyland, as the only Disneyland in mainland China, has used its special status in China to restrict consumers. Food and beverage in the park is more expensive. Consumers should have the right to choose whether to consume in the park or not. Chen Jian believes that the right of enterprises to operate independently cannot be based on depriving consumers of their rights and limiting public interests. Whether the operator considers pricing based on his own strong position and independent management right or deprives consumers of all surplus value is a problem that the independent management right should have corresponding boundaries.


Searching for packages is an act harmful to the personal rights and interests of consumers

Because of the prohibition of taking out food and turning over bags, the defendant went to Shanghai Disneyland in court. At present, the first checkpoint for entering the park is still to check the goods carried by tourists.

Chen Jian believes that Shanghai Disneys package search is harmful to consumerspersonal rights and interests if it is based on the protection of operators own interests. If the essence of this act is to restrict consumers to bring their own food, that is to protect their own interests on the pretext of public interest.

Dong Zhuli said that operators should put the needs of consumers in the first place, so that enterprises with such values can develop for a long time. The college studentslawsuit against Shanghai Disney is an act of consumers exercising their right of supervision, which not only safeguards their personal interests, but also the public interests. We strongly support and advocate it.

Consumers are the strongest force to promote the progress of the level of consumer protection. Dong Zhuli said.


Peoples Network 4 asked Shanghai Disney: Turn over the bag, double standard, with what?!

In response to Disneys refurbishment of packages and prohibition of self-brought food, Peoples Network sent four questions to Disney: Why do we have double-label? Europe and the United States can not bring it to Asia? How to protect touristsright of privacy? Is forbidden food hygienic for the park? Are the food sold in the park odorless? Who is going to correct Disneys double-label behavior? Who will protect the rights and interests of consumers?

According to the article, Disneys requirement of forbidding self-brought food is posted on the back of the website, and it is difficult to find the poster outside the park on the back of the kiosk about 50 meters away from the security check.

The first entry barrier is to check the items carried with you. Each security checkpoint is equipped with one to three staff members. Visitors place bags and articles on the checkpoint for inspection in turn. A tourist expressed strong dissatisfaction and questioned Disneys invasion of privacy because he was unable to enter the next security checkpoint with several bags of bread. Staff member is only mechanical reply: this is our regulation, please cooperate. Another fellow traveler took the picture and was stared at by the staff and repeatedly stressed that his right to portrait had been violated. He asked the tourists to open the picture and delete the relevant content. Tourist Mr. Zhang told reporters: I think its discrimination against Asians, because in Europe and the United States its not overhauled.

In addition, on April 23, Xiao Wang, a student of Shanghai East China University of Political Science and Law, opened a court hearing in the case of Shanghai Disney. According to media reports, in court, the defendant argued that consumers might bring special smelling or potentially unsafe food into the garden and discard garbage at will. This provision is based on the provisions that must be made to maintain public health and safety in the park.

Some netizens pointed out, Disney adheres to this practice, I am afraid it is not so-called health concerns, but to seek maximum benefits. Because health concerns are not worth refuting, Disney sells its own diet, which can also produce garbage.

A bottle of mineral water in Disney Park is priced at 10 yuan, a bottle of Coke is 20 yuan, an ice cream is 40 yuan, and a box of popcorn is 35 yuan. In the park restaurant, many tourists are eating. The price of a bread ranges from 25 yuan to 35 yuan, a butterfly crisp 30 yuan, a sandwich set from 80 yuan to 85 yuan, and a Mousse cake from 58 yuan to 108 yuan.

Source: Beijing Headline Responsible Editor: Wang Ning_NB12468