Is it a ＂overlord clause＂ for Shanghai Disneyland defendant to ＂ban food＂ in court？

■ At the entrance of Shanghai Disneyland, tourists are waiting for inspection.

■ The food in Disneyland is spit out by many people. It is too expensive. Chief reporter Liu Yushe

　　[A paper complaint]

　　When you visit Shanghai Disneyland, you must be checked by the staff before entering the park. Except for inflammable and explosive dangerous goods, food, alcoholic beverages and non-alcoholic beverages over 600 ml are prohibited from being brought into the park. This "information for tourists" has aroused many tourists’ dissatisfaction, and the storage fee that is more expensive than "food" has forced many tourists to eat take-away food in a hurry before entering the park, or discard it directly. Xiao Wang, a junior at the School of International Law of East China University of Political Science and Law, also encountered this situation, filed a complaint against Shanghai Disneyland, demanding that the format clause of Shanghai Disneyland prohibiting tourists from bringing food into the park be invalid; Request the court to order Shanghai Disneyland to compensate the plaintiff for the losses, including the food expenses that the plaintiff bought outside Disneyland but was forced to discard because of the defendant’s unreasonable rules, totaling 46.3 yuan. "Laws should be used to overturn these unreasonable rules." Xiao Wang said.

　　[Garden response]

　　In this regard, Shanghai Disney Resort replied to the media on August 11 that the regulations on take-away food and drinks are consistent with most theme parks in China and other destinations of Disney in Asia; If tourists bring their own food or drinks, they can enjoy them in the rest area outside the park.

　　Is it reasonable, compliant and legal to prohibit eating out? What is the significance of this college student public interest litigation? This matter was listed on the "Hot Search" list in Weibo yesterday, and this public interest lawsuit was screened in the circle of friends, which also triggered a heated discussion.

　　plaintiff

　　There is no prompt when buying tickets.

　　Xiao Wang made an investigation on the relevant regulations of Shanghai Disneyland, and found that although the regulations mentioned by the park staff were indeed listed in the column of "Information for Visitors" in official website, Shanghai Disney Resort, she recalled that she did not get the relevant hint of "No Food" when purchasing tickets. In addition, once it is found that there are snacks in the bag, the solutions provided by the garden also make tourists very embarrassed — — If you can’t finish your snacks on the spot, leave them on two tables at the entrance of the park, or choose to deposit them. The storage fee for one day is as high as 80 yuan.

　　Xiao Wang also compared the tourist information of several other Disney parks around the world. To her surprise, the three Disneyland parks in the United States and France did not prohibit consumers from bringing food into the park, while China and Japanese Disneyland, as Asian countries, prohibited tourists from bringing food into the park.

　　consumer

　　90% voted that it was unreasonable

　　It is understood that Shanghai Disneyland had previously allowed tourists to bring unopened food into the park, and the prohibition began on November 15, 2017. Shanghai Disneyland published in the "Notes for Visitors", prohibiting tourists from bringing food, alcoholic beverages and more than 600 ml of non-alcoholic beverages into the park.

　　How do consumers view this matter? Vote in Weibo "What do you think ‘ It is forbidden to bring your own food ’ Is this regulation reasonable? Nearly 90% of the participants think it is unreasonable (the total number of people who have voted so far is 51,100); Another online poll on "How much does it cost to visit Shanghai Disneyland" showed that 40,300 people (more than half of the voters have been to Disney) said that the park cost as much as 1,500 yuan. On the official website of the Shanghai Consumer Protection Committee, a survey about Shanghai Disneyland can also be found, in which less than half of the consumers are interested in Disney catering.

　　lawyer

　　"Disney’s response is untenable"

　　"Disney’s response is untenable." Lawyer Shen Jili, a partner of Shanghai Yaozheng Law Firm, said that even if consumers can enjoy it outside the park and then return, this kind of "freedom" is unfair and unreasonable, which increases the time cost of consumers.

　　She even emphasized: "Public interests and public safety can be legally obtained ‘ Immunity ’ Yes. Many laws show that Disney’s bag-searching behavior violates personal privacy, and this behavior is not enough to constitute an exemption based on public safety. And in paradise ‘ Buy ’ And ‘ Bring your own ’ They are two sources of food. If eating in the paradise may have an impact on public health or the environment, then the governance is the same, and it should not be different because of different channels. On the other hand, the risk of public safety can basically be strengthened through the security check in the park, instead of choking on food. In this case, public health and safety issues are not legitimate and reasonable reasons for depriving consumers of their rights. "

　　safeguard legitimate rights and interests

　　Pay attention to yourself and public interest.

　　In our daily life, when we find that our rights and interests have been damaged, how should we protect our rights?

　　"The citizens are familiar with the way to make complaints through the Municipal Consumer Protection Committee. In addition, the market supervision administration with law enforcement power is actually a good channel for safeguarding rights. If you encounter unfair and unreasonable behavior in the process of consumption, you can appeal through the complaint platform in official website or call the 12315 hotline. " Shen Jili said, "Judging from this case, this clause infringes on the personal interests of students and also infringes on the interests of tourist consumer groups. Therefore, students can not only carry out ordinary litigation based on their own and public interest rights, but also try to defend their rights and safeguard social public interests through public interest litigation, which is very meaningful. " Using their knowledge of law and holding evidence to talk with large enterprises, Hua Zheng students filed an ordinary civil lawsuit and handed it over to the Songjiang District People’s Procuratorate in Shanghai as a clue of public interest litigation.

　　As a law student, "competing" may be a "duty". They not only want to defend their rights through litigation, but also want to appeal to the public to pay more attention to their own rights and interests and the overall rights and interests of social groups through litigation. At present, the case has changed from summary procedure to ordinary procedure, and it will be reopened. "I hope that through this lawsuit, I will say no to the unreasonable system. Therefore, no matter what the result is this time, we will not be embarrassed and will stick to the lawsuit to the end. " Xiao Wang said.

　　There are also two different voices in the legal profession.

　　● Some experts said that the pricing of food in amusement parks is a market behavior. As long as the price is clearly marked according to the law, consumers will follow the principle of voluntariness and fairness when purchasing these high-priced foods, and they can still choose freely; In addition, although there is no explicit provision in the current law, operators should also enjoy the right to choose in real life. For tourists who do not meet the relevant regulations, operators have the right to refuse to provide services by means of refund.

　　Lawyer Shen Jili believes that according to China’s Consumer Protection Law, consumers enjoy the right to free choice and fair trade. This practice of Disney infringes on consumers’ rights and interests, and also violates Article 16′ s obligation to operators, such as "no unfair and unreasonable trading conditions shall be set, and no compulsory trading shall be allowed". At the same time, this practice also belongs to the "tying" behavior prohibited in the Anti-Unfair Competition Law, which abuses the dominant position in the market and infringes on the rights and interests of consumers. Tying prohibited by law is an unreasonable arrangement, similar to a overlord clause, and sometimes it will have a bad psychological feeling for consumers. "

　　The case of disputes caused by "forbidden eating out" is not a Disney family.

　　As early as 2006, a theme park in Guilin was complained that it was forbidden to bring your own food in. The local consumers’ association thought that this practice was contrary to the provisions of the Consumer Protection Law and judged it as a kind of "overlord clause". In 2014, the Consumers Association of Hengqin New District of Zhuhai received 70 service complaints, mainly about the "no food" clause of a large amusement park in the district. In this regard, the Consumers Association of Hengqin New District and the Industrial and Commercial Bureau of the district have repeatedly carried out supervision and inspection on the park, and ordered the playground to make corrections within a time limit on "no food".

　　Netizen’s viewpoint

　　Netizen HyjJune: Why is it forbidden in Asia, but in Europe and America?

　　Netizen Yao Shantou 2015: It is forbidden to bring your own diet, so you should give consumers the right to choose independently, such as food at different prices, not all high-priced food.

　　Netizen lv3blueglassbottles: It is the right of the garden to prohibit bringing food, as long as it is clearly stated in advance, but it is really wrong to rummage. Public places of entertainment can also have their own rules that are not above the law.

　　Netizen "Can I eat Lamian Noodles today?": What tastes particularly strong with instant noodles, while waiting in line to eat … … It’s not appropriate to think about it.

　　Netizen demon demon fairy: Disney can bring its own food when it opens the park, but the environment is really scary, not to mention the cleaning staff. Now, when it comes to holidays, the environmental order in the park drops sharply. It can only be said that no matter what regulations, it is no use not improving people’s quality.

　　Netizen "Sleepless Little Universe": Disney should actively advocate guiding self-collection of garbage, rather than forcing food not to be brought in.

　　(Reporter Yi Rong Intern Wang Yuanzhou)