On May 4, 2024, tourists watched the parade at Shanghai Disneyland. (Photo provided by People’s Vision)
Disney, known as having the “strongest legal department on the planet,” was “defeated” in a civil lawsuit in Shanghai and the remaining balance of the annual card was refunded.
In December 2023, due to force majeure, the performance was canceled. Cheng Mingyuan wanted to cancel the Shanghai Disney annual pass on the day he purchased it, but the park refused and took Shanghai Disney to court.
On May 9, 2024, the Shanghai Pudong New District Court made a first-instance judgment requiring Shanghai Disney to refund the remaining balance of the annual pass of 3,899 yuan. Prior to this, many consumers had complained about Disney’s annual pass refund system.
has been complained about card refunds many times
On December 31, 2023, in order to watch the New Year's Eve fireworks, Cheng Mingyuan purchased a Shanghai Disneyland Annual Pass (unlimited) worth 4,399 yuan when the tickets were sold out on New Year's Day. Diamond card). What
didn’t expect was that at 19:00 that day, the official Weibo of Shanghai Disney Resort announced that the fireworks show would be canceled in accordance with the requirements of Shanghai’s special emergency plan for heavy air pollution. After
saw the notice, Cheng Mingyuan immediately called Shanghai Disney and asked to refund the card, but was refused. "They made it clear that even if you have not entered the park or used it, you cannot refund it." Cheng Mingyuan said that the next day, he went to the park to request a refund, but was rejected again.
Subsequently, Cheng Mingyuan complained to Shanghai's government affairs hotline "12345" and asked Disney for a refund. This complaint was handled by the Pudong New Area Market Supervision Bureau. Staff from the Municipal Supervision Bureau responded that Disney was unwilling to coordinate, and there were actually many complaints from consumers like him.
The reason is that the "Shanghai Disneyland Annual Pass Instructions" (hereinafter referred to as the "Annual Pass Instructions") stipulates that the Shanghai Disneyland Annual Pass cannot be transferred, replaced or refunded, unless otherwise provided by law.
Annual Pass Instructions also mention that due to considerations of park capacity, bad weather, special events, park safety or park order, or under other necessary circumstances, Disney may change the opening of the park or any attractions in the park from time to time. time, temporarily close the park or any part of the park to an unspecified public, control the number of visitors, suspend or cancel any attractions or entertainment performances.
This is not the first time Disney has been complained about card refunds.
On the "Black Cat Complaints" platform, some users once launched a collective complaint saying that the annual pass booked through the official app of the Disney Resort was not activated and the tourist information was not registered. The itinerary changed within 24 hours, and I called customer service to request a refund but was refused.
has had similar situations reported in the press before. According to a report by China Central Broadcasting Network, Ms. Zhou, a consumer in Hangzhou, purchased three "Spring and Summer Travel Season Cards" and wanted to give them to others, but she did not give them away, so she wanted to return the cards, but her application was rejected.
Cheng Mingyuan did not stop at complaining. He chose to take legal proceedings and sue Shanghai Disneyland.
In March 2024, the Shanghai Pudong New District Court accepted the case, and the trial was held on April 11.
Cheng Mingyuan believes that Disneyland’s approach violates the Consumer Rights Protection Law’s provisions on online shopping consumers’ seven-day return without reason.
However, the types of returns stipulated in the Consumer Rights Protection Act do not include annual passes. The law clearly stipulates that in addition to the four categories of commodities: "custom-made by consumers", "fresh and perishable", "audio-visual products, computer software and other digital commodities downloaded online or unpacked by consumers" and "delivered newspapers and periodicals", Operators use the Internet, television, telephone, mail order and other methods to sell goods, and consumers have the right to return goods within seven days from the date of receipt. In the
lawsuit, Cheng Mingyuan asked the park to refund the card, delete the clause "Shanghai Disney Annual Pass cannot be transferred, replaced or refunded unless otherwise provided by law" in the annual pass instructions, and publicly apologize.
Court: It does not comply with the relevant provisions of the consumer law.
Disney believes that the essence of the annual pass transaction is to exchange service rights with a value much higher than this at a fixed price that is not refundable, such as unlimited admission to the park and the use of other rights and interests. Therefore, it is reasonable and necessary to stipulate "non-refundable" in the contract.
On May 9, 2024, the Pudong New District Court of Shanghai made a first-instance judgment, supporting the park’s opinion on this point. The court held that the content of the terms matched the ticket model of the annual pass, and at the same time set up exceptions, so the content was reasonable and legal.
However, Cheng Mingyuan’s refund request was supported by the court.
The court of first instance found that Cheng Mingyuan purchased the annual pass involved in the case in order to watch the New Year's Eve fireworks show. Judging from the time of purchase and subsequent admission to the park, his claim had a certain degree of credibility. Due to air pollution, the park canceled the fireworks display, so Cheng Mingyuan filed an application for refund. It was only 16 hours after he purchased the annual pass and he had not yet used the annual pass. Therefore, Shanghai Disney’s refusal was unreasonable and inconsistent with consumption. relevant provisions of the Law on the Protection of Rights and Interests of Investors.
Regarding the subsequent two visits to the park, Cheng Mingyuan said: After the second card refund was rejected, in order to avoid failure of the lawsuit and greater losses, "so I went to the park to watch the fireworks."
Therefore, the court of first instance held that after deducting the equivalent price of 500 yuan for two visits to the park, Shanghai Disney should refund the remaining 3,899 yuan for the annual pass.
Regarding this, Qin Yong, a lawyer outside the case, believes that although the annual pass instructions stipulate that "the annual pass cannot be transferred, replaced or refunded", it also states that "unless otherwise provided by law", which means that this clause has two levels, "First The first level is in accordance with relevant legal provisions, allowing consumers to transfer, replace and refund; the second level is what is not stipulated by law, and this 'non-transferable, replacement and refund' shall prevail."
But in the opinion of Shanghai Disney Resort, they have agreed to refund Cheng Mingyuan during the mediation process hosted by the court. However, the lawsuit was continued because the other party insisted on other claims. Shanghai Disney Resort responded to Southern Weekend saying, "The court's final judgment is consistent with the partial refund plan we agreed to and does not support other claims."
After Cheng Mingyuan posted the first-instance verdict on social platforms, many voices questioned that the "refundable annual pass" would lead to the cancellation of the annual pass system and further lead to scalpers hoarding tickets at high prices.
Cheng Mingyuan said that during the trial, Disney's lawyer once said that the verdict may lead to Disney canceling the annual pass system, but "I don't think these have anything to do with the normal rights protection of consumers. Scalping is a problem that Disney itself should manage well."
(Cheng Mingyuan is a pseudonym at the request of the interviewee)
Southern Weekend reporter Chen Yifan Southern Weekend intern Gu Liangnan
editor-in-chief Qian Haoping
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