Summer drifting heat operators must fulfill their security obligations

Case

Tourist Liu and colleagues signed up for a group in a travel agency to participate in a floating event in a certain scenic spot. The scenic area posted in the tourist service center and the drifting along the way, and set up the scenic spot drifting tourist notes and warning signs. The content includes: please consciously buy tickets and insurance tickets. According to the staff's arrangements, the ship is available in an orderly manner, and each ship is limited to two people; children under 1.2 meters, elderly people over 55 years old, pregnant women and heart disease, hypertension, coronary heart disease, dementia, osteoporosis, epilepsy, etc. Patients with dangerous diseases are strictly forbidden to participate in drift.

On the same day, Liu and his colleagues controlled the inflatable boat to drift. When drifting to the third slope, Liu felt unbearable because of the pain of impact, and asked the surrounding staff for help. With the help of the staff, Liu parked the inflatable ship on the shore, and later inspected the damage to the bottom of the ship. At the same time, the scenic area arranged vehicles to send Liu to the hospital for treatment. The diagnosis was caused by severe osteoporosis caused by severe osteoporosis. The level of disability at the judicial appraisal center is tenth.

Liu sued the travel agency and the scenic area operator and asked him to bear joint responsibility and compensate for losses.

Article 1,198 of the "People's Republic of China" stipulates that "hotels, shopping malls, banks, stations, airports, stadiums, entertainment venues and other operating places, public places, managers, managers, or mass activities Organizers who fail to fulfill their obligations and cause damage to others shall bear the liability for infringement. "At the same time, Article 8 of the" Supreme People's Court on Several Issues of the Application of Laws on Touring Tourism Disputes "stipulates that Tourism auxiliary services have not fulfilled the notification and warning obligations of tourist projects that may endanger the personal and property of tourists, causing personal damage and property losses of tourists. Tourists request tourist operators and tourist auxiliary services. Support. "

The court determines that: 1. As a service providing drift project service, the scenic area operator should do its best to the tourist's personal safety to a reasonable and safe security obligations according to the tourist project provided. Notice, and the notification of high blood pressure and osteoporosis, such as high blood pressure, osteoporosis and other dangerous diseases, and the diseases of dangerous diseases participating in the drifting. Make a corresponding prompt. At the same time, there are defects at the bottom of the inflatable ship provided by the scenic area operator to Liu. The requirements of drift ships are not met, and the safety prompts and guarantee obligations are not fulfilled.

2. As an organizer of this tourist activity, travel agencies lack corresponding organizations and necessary reminders to participate in the drift activities. There are certain mistakes, and they should also bear corresponding responsibilities.

3. As a person who has the ability to fully civil behavior, Liu is aware of the danger of drifting the drift of the inflatable ship in the turbulent water flow. It is necessary to have a lack of knowledge of severe osteoporosis. Understanding has caused him to be injured during the drift, and he should bear some responsibility for his personal safety.

In summary, the court judged: The scenic area bears 60%of the liability for compensation, the travel agency assumes 10%of the liability for compensation, and Liu bears 30%of the liability for compensation.

Suggest

The hot summer and hot rafting projects are favored. However, the risks and stimulus are accompanied. Personal safety issues during the game should attract attention from all parties. In this regard, the following suggestions are made for the parties involved in drifting activities:

Suggestions for the drifting scenic spot: 1. Get high -risk project permits: Scenic areas operate high -risk game projects in accordance with relevant national regulations, equipped with legal and safe qualifications, facilities, and corresponding rescue facilities to protect tourists' safety, and follow the according to the safety of tourists, and follow the according to the safety of tourists. The law stipulates the purchase of high -risk liability insurance.

2. Equipment and facilities must meet the requirements: Before the opening of each day, the scenic area should be inspected and eliminated hidden dangers to ensure that the equipment and facilities are intact, and the equipment facilities such as drifting and other play projects meet the requirements.

Third, the obligation to notify and warn from time to time: The scenic area can inform the scenic area safety notifications by tickets, signboards and other methods, or to adopt a speaker voice prompt to inform tourists' precautions and prohibitions of high -risk play projects. At the same time, it can be equipped with a prompt, inform, and training for professional drifts for tourists. When an accident occurs, it should be rescued in time.

Fourth, reasonably control the flow of people, prevent collision and emergencies: The terrain of the implementation of drift projects is generally steep, and the rainy rainfall in summer, rainfall will increase the danger in the play process. As a result, the scenic area should always pay attention to the number of passenger flow and reasonably control the flow of people.

Suggestions for travel agencies: 1. Examine the business qualifications of collaborators: operating high -risk tourism projects require competent authority for approval, otherwise it is illegal operation, and the personal safety of tourists cannot be guaranteed. Travel agencies should review the qualifications of the project operator in advance, verify the safety of the equipment and facilities, and jointly discuss emergency measures and rescue plans when accidents occur.

2. Pay attention to safety notifications and risk warnings: When designing tourism routes, it should be confirmed with the project operator to correctly use related facilities and equipment in the process of play. For the existing risks, precautions, and groups that are not suitable for participating in related activities, etc., when signing a tourist contract with tourists, they will fully inform and prompt the above precautions to tourists in a timely manner.

3. Actively fulfill the rescue obligation: When an emergencies or are in danger, travel agencies should take necessary rescue measures in time to reduce risks, reduce damage, and save evidence.

Fourth, strengthen the insurance awareness of tourists: Drifting projects are highly dangerous activities. It is easy to cause accidents due to environmental factors such as environmental factors. Travel agencies have the obligation to remind tourists to buy accident insurance.

Suggestions for tourists: 1. When participating in high -risk tourism projects, tourists should fully understand the safety notes of the project and the group that is not suitable for participating, comply with the rules and obey management.For projects that are not suitable for participation, it should be considered for its own safety and avoid incurable injuries due to luck.

2. When participating in high -risk projects such as rafting, tourists should choose to play the project that suits them and put themselves safely.(This column is co -organized by the China Tourism Newspaper of the Ministry of Culture and Tourism Quality Supervision and Administration; Editor: Song Yuqiu)

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