One question: why do you engage in "double standards", but Europe and the United States can't bring Asia?
Recently, the defendant "Shanghai Disneyland forbids bringing your own food" appeared on the hot search list of Weibo.
Disney has six parks all over the world. According to media reports, European and American Disney has no regulations prohibiting eating. At the beginning of Shanghai Disneyland's opening, there was no strict requirement to bring your own food. On October 2017165438+1October 15, Shanghai Disneyland added the following regulations: "The following items are not allowed to enter the park: food; Alcoholic beverages; More than 600 ml of non-alcoholic beverages ... "
2065438+At the beginning of 2009, Xiao Wang, a junior at Shanghai East China University of Political Science and Law, was checked by the park staff when he entered Shanghai Disneyland with snacks, and was stopped. Xiao Wang believed that the rules formulated by the garden were illegal, which led to the violation of his legitimate rights and interests, and took Shanghai Disneyland to court.
Last year, Disney was also sued by parents Liu Demin for the "double standards" of the preferential policies for children's tickets. The cause of the incident is that the daughter who just turned 10 went to Shanghai Disneyland to play, but was asked to buy more tickets because her height exceeded the prescribed standard. Liu Demin believes that it is unreasonable to charge admission fees according to the height standard, while Disney has formulated preferential admission policies for the other five parks based on the age of children, and adopted the height standard of park shanghai. This is a typical "double standard" model and a discriminatory policy.
"Isn't this naked discrimination?" Some netizens said. Ethan, Xiao Wang's guidance lawyer and lawyer of Shanghai Zhijun Law Firm, also pointed out in an interview with the media that Disneyland's "double standards" approach was suspected of discriminating against the Asian region.
Wei Yilin, director of the Culture and Sports Law Department of Beijing Zigan Law Firm, believes that the prohibition of food in Shanghai Disneyland is a overlord clause that unilaterally restricts consumers' rights. China's Consumer Protection Law clearly stipulates that "consumers have the right to choose their own goods or services".
Second question: Why is it mandatory to turn over the bag and how to protect the privacy of tourists?
Public sign behind the kiosk
With a big bag of sushi, bread and other food, a family of four can only stand on the edge of the security check and wolf down as much food as possible. My father sighed while eating and said that he didn't know the rules of not eating when he came to Xanadu for the first time. It's too wasteful to throw away the food just bought at the subway entrance.
"Why did you go through my bag? This violates my personal privacy. " A tourist expressed strong dissatisfaction because he could not enter the next security check with several bags of bread. The staff just answered mechanically: this is our rule, please cooperate. Another fellow tourist took the picture, and was stared at by the staff and repeatedly stressed that his portrait right was violated, asking the tourists to open the picture and delete the relevant content.
Rummaging through the security site
Tourists stutter at the security check.
Qiu believes that "Shanghai Disneyland's practice of checking tourists' bags to prevent tourists from bringing their own food is suspected of infringing on consumers' personal dignity and privacy." When can I search? "If you suspect that there are other things in the consumer's bag, you can call the police first and let the police search ex officio; Second, you can check. Security inspection is a kind of scanning, but it is not a search, not a package opening. Shanghai Disneyland opened the tourists' bags and looked at them one by one. "
Article 27 of China's Law on the Protection of Consumers' Rights and Interests stipulates: "Operators shall not insult or slander consumers, search consumers' bodies and articles they carry, or infringe consumers' personal freedom."
Third question: Is it forbidden to bring food for the sake of park hygiene? The food sold in the park has no taste?
On April 23rd, the case of Xiao Wang, a student of Shanghai East China University of Political Science and Law, v. Shanghai Disneyland was heard. According to media reports, in court, the defendant argued that consumers may bring food with special smell or potential safety hazards into the park and discard garbage at will. This clause is based on maintaining the public health and safety of the park.
In this regard, Qiu believes that more garbage bins can be set up to guide tourists and so on. You can't impose conditions on tourists just because they have increased the cleaning burden of the park.
Some netizens pointed out that "Disney's insistence on this practice is probably not due to so-called health considerations, but to seek maximum benefits. Because health concerns are not worth refuting at all, Disney sells its own diet and produces garbage "; "The best explanation for not doing this is that it is more profitable to sell high-priced food in the park."
Dining car food price mineral water1a bottle of 0 yuan.
Sandwiches range from 80 to 85 yuan.
In the restaurant of the park, many tourists are dining. The price of a loaf of bread ranges from 25 yuan to 35 yuan, butterfly crisp 30 yuan, sandwich set meal from 80 yuan to 85 yuan, and mousse cake from 58 yuan to 108 yuan.
Regarding consumers' doubts about the high price of meals in Shanghai Disneyland, Dong, deputy secretary-general and spokesman of China Consumers Association, believes that operators have the right to set their own prices, but their autonomy is conditional. "There are two aspects to consider. First, is the pricing and its cost ratio reasonable, and is there profiteering? Second, whether independent pricing has affected a fair and just market order. "
Four questions: Who will correct Disney's "double standards" behavior? Who will protect consumer rights?
In Shanghai Disneyland, the problem of "prohibiting tourists from bringing food into the park and checking their luggage" has been fermenting for several days, and consumers have called on relevant regulatory authorities to investigate and respond.
In response to consumer rights protection, some lawyers suggested that relevant consumer protection organizations can initiate public interest litigation because operators have harmed many unspecified consumers, not just Xiao Wang.
Wei Yilin said that in February, 2065438+2004, the Supreme People's Court explicitly ruled that the clause "No self-brought drinks, minimum consumption in private rooms" was invalid. It is hoped that the lawsuit in Shanghai Disneyland will push the relevant authorities to confirm the invalidity of the provisions such as "No take-away food and drink".
Wei Yilin pointed out that specific regulatory details, such as security inspection, basically have corresponding regulatory provisions for activities in such public places in various regions. However, in the implementation rules, the responsibility of administrative punishment needs to be further clarified for such overlord clauses or some unreasonable provisions.
(The original title is "Four questions about Shanghai Disneyland: flipping bags and" double bidding ".Why? ! ",edited by Wang Zhi)