[4] Recently, Shanghai Disneyland made headlines after being sued for forcibly checking visitors' bags and banning them from bringing their own food into the park.

The incident originated in March this year when Xiao Wang, a junior at a university of political science and law in Shanghai, was forcibly subjected to a bag check by park staff upon bringing snacks into Shanghai Disneyland. He was prohibited from bringing his own snacks into the park, and this special rule was not explained when he purchased the ticket.

After entering the park, Xiao Wang bought a cotton candy for 30 yuan, but he believed the food prices inside the park were significantly higher than market prices—a corn on the cob cost 20 yuan, and a turkey wing cost 80 yuan. Therefore, Xiao Wang considered that the rules set by Disneyland infringed on his legitimate rights and interests, and he filed a lawsuit against Shanghai Disneyland.

In fact, aside from Disney parks in Asian countries that have rules prohibiting bringing food, Disney parks in the United States and France do not have such regulations.

　　People's Daily Online asks Shanghai Disneyland four questions:

First question: Why implement double standards, allowing it in Europe and America but not in Asia?

Second question: Why forcibly conduct bag checks, and how is visitor privacy protected?

Third question: Is the ban on bringing food for the sake of park hygiene? Do the food and drinks sold in the park have no odor?

Fourth question: Who will correct Disney's "double standard" behavior? Who will protect consumer rights?

On the morning of August 14,the China Consumers Association issued a statement supporting the college student's lawsuit against Shanghai Disney.Disney uses its special status to restrict consumers, and "bag searches" are acts that harm consumers' personal rights.

　　A lawyer from Guangdong Zhiming Law Firm stated,Shanghai Disney has an obligation to inform and explain such standard terms as park entry rules, and special provisions that differ from ordinary standard terms require clear markings or explanations. Secondly, Shanghai Disney's rule prohibiting consumers from bringing food into the park is clearly an unfair and unreasonable provision for consumers, violating Article 26 of the Consumer Protection Law.

According to Article 26 of the Consumer Protection Law:

　　Business operators using standard terms in their business activities shall prominently draw consumers' attentionto matters of significant interest to consumers, such as the quantity and quality of goods or services, price or fees, performance period and method, safety precautions and risk warnings, after-sales service, and civil liability, and shall provide explanations upon consumers' request.

Business operatorsshall not, through standard terms, notices, declarations, in-store announcements, or other means, stipulate provisions that exclude or limit consumers' rights, reduce or exempt the operator's liability, or increase consumers' liability, which are unfair or unreasonable to consumers,and shall not use standard terms with technical means to force transactions. If standard terms, notices, declarations, in-store announcements, or similar contain the content listed in the preceding paragraph, such content shall be void.

　　How to determine whether the rules set by a business are reasonable and fair?

First, businesses can establish corresponding rules to regulate consumer behavior during their operations, such as prohibiting smoking in shopping malls or banning photography in art galleries. These types of regulations, which aim to protect public interests or the business's own legitimate rights by restricting consumer behavior, are considered reasonable.Reasonableness depends on industry practices and public order and good customs.However, in this incident, it was mentioned that Disney parks in Europe and America allow food to be brought in. In fact, this means that banning food from being brought into the park is not an industry practice, and this rule at Shanghai Disney is clearly unreasonable.

Second, this is also an unfair rule.To judge whether it is fair, one must see whether the business profits by excluding or limiting consumers' rights.If an amusement park prohibits consumers from bringing their own food, and at the same time does not sell food inside or sells it at the same price as outside, then it can be considered fair. For example, if a restaurant bans bringing in drinks but also does not sell drinks itself, that would be fair to both parties. However, this rule at Shanghai Disney clearly restricts consumer rights to benefit itself, which is unfair.

Of course, unfair and unreasonable standards vary across different industries and should not be generalized; each case must be analyzed based on specific circumstances.

Shanghai Disney’s blatant ban on bringing food and mandatory bag checks did not just start recently. It is reported that this "unfair clause" has been in place for several years. During this time, complaints have been continuous, yet no action has been seen from the government or courts. Consumers are already in a weak position relative to businesses and are often too scattered to unite in defending their rights. If relevant government authorities do not proactively and promptly protect consumers' legitimate rights, then even without Shanghai Disney, various other consumer institutions will infringe upon consumers' legal rights.

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