Cases ｜ How to prevent risk prevention when traveling?Court reminder

The scenery of the journey is infinite, and the awareness of security should not be loose. At present, it is the peak of summer tourism, and tourist casualties have attracted attention in some tourist attractions. How does the scenic area managers improve the safety guarantee standards of scenic spots? How do tourists strengthen safety awareness? People's Daily Online has compiled relevant cases to remind.

The Scenic Area Manager did not do its best to the security obligations within a reasonable limit.

Wei Mou and Zhao Moujia are couples, and have a minor boy Zhao Mouyi. In August 2019, Wei Mou purchased tourism products online, and went to a 5A -level natural scenic spot with Zhao Moujia and Zhao Mouyi. At about 15:00 on the same day, the three arrived at a bamboo forest shed. At this time, Zhao Mouyi left the walkway. The irregular sandy land on the east side of the walking sword arrived at the bank of the river to wash his hands, and accidentally slipped into the water. Zhao Moujia and Wei Mou jumped into the water to rescue immediately. In the end, Zhao Moujia rescued himself ashore. The next morning, the rescue team searched and rescued Wei and Zhao, but the two had no vital signs and were declared death. Zhao Moujia sued to the court and asked a scenic spot management company, a travel agency, and a network ticket platform to bear the liability for compensation.

The court believes that Zhao Mouyi lacks the ability to distinguish the risks of washing hands on the banks of the river and accidentally slide into the water. Wei Mou and Zhao Moujia, as a guardian, did not fulfill their duties. To stop, let Zhao Mouyi engage in dangerous acts, leading to the fall of Zhao Mi's danger to fall into the water, and should bear 80%of the liability for the accident. As a manager of the scenic spot, although a warning sign is set up at the entrance of the scenic area and the place where the accident occurred, the evidence of the case shows that the puses near the place of the incident are closer to the river. The channel, and tourists took pictures on the shore, and the scenic managers did not stop this behavior in time; and the river channel was at the end of the flood season, the water flow was turbulent, which was dangerous. The managers of the scenic spot should take into account the above situations, and take measures such as guardrails and voice broadcasts to reduce the occurrence of casualties. In summary, the managers in the scenic spot can not fully fulfill their obligations within a reasonable limit, so the managers of the scenic spot shall bear 20%of the liability for compensation.

The court reminded that as a managers in the scenic spot, they need to follow the requirements of the rule of law, consciously improve the governance of the scenic spot, and actively improve the safety guarantee standards to reduce the legal risks in the management process. In addition, the guidance of tour guidance and security reminder should be refined to protect the personal and property safety of tourist groups, especially the minor groups, so as to avoid accidental damage.

Do not listen to the abundance of snow climbing the mountain injured travelers to take their own responsibilities

Lu Mou signed the "Domestic Tourism Contract" with a travel agency, and participated in the 10 -person travel itinerary of Hebei, Shanxi, and Shaanxi, which participated in the travel agency. During the period, Lu Mou went to Huashan, but due to the weather, the tour guide did not recommend visiting Huashan. Houlu insisted on climbing the mountain and signed in the "Certificate" issued by the guide. The "Certificate" stated that Huashan decided to climb the mountain by himself due to the snow, and the accident on the mountain had nothing to do with the travel agency. During the climbing, Lu was sent to the hospital for treatment due to the slipping of the road, and the traveler agreed to the court to ask for compensation for losses.

The court held that the tour guide had informed the weather on the day of the day before visiting Huashan, and warned that the snowy weather was not suitable for climbing. The travel agency has fulfilled the obligation to inform and warn. Lu Mou did not listen to the notification warning of the tourist operator. He participated in tourism activities in rain and snow to lead to injuries and should bear the risk.

The court reminded that tourists should choose suitable tourism projects according to their physical condition. In the process of receiving tourism services, tourists should truthfully inform tour operators to truthfully notify personal information related to tourism activities, listen and obey the warnings and informs of tourist operators, and choose tourism projects suitable for their own physical conditions. In tourism activities, if the notification obligation is not fulfilled as required, or the notification and warning of the tourist operator and tourist assistant service, the tourism activities that are not suitable for their own conditions will lead to personal damage and property loss. Related risks will occur. The responsibility shall be borne by the tourist. (Comprehensively compiled by the Beijing Third Intermediate People's Court, the People's Court of Chaoyang District, Beijing)

Source: People's Daily Online

Disclaimer: Reproduced this article out of the purpose of passing more information and conducive to the law of law. If there is an error or infringe your legitimate rights and interests, the author is requested to contact the Law of Qinghai with the authority. We will correct and delete it in time. Thank you.

- END -