Who should be responsible for taking a wedding photo in the scenic area?

Recently, when a couple took a wedding photo in Yulong Snow Mountain in Yunnan Province, the groom was unfortunately died in lightning.

Lijiang Yulong Snow Mountain Provincial Tourism Development Zone Management Committee official Weibo reported on August 25: At 13:34 on the 24th, Yulong Snow Mountain Yunshan Ping broke a lightning injury accident. After the incident, the Yulong Snow Mountain Management Committee and the relevant departments of the city and counties rushed to the scene for treatment. Ruan Mou died after the rescue was invalid. At present, aftercare treatment and follow -up related work are being carried out in an orderly manner.

A pair of newcomers came to the beautiful mountainous mountains to take wedding photos with their longing for the future of happy life, but unexpectedly, they could not help but regret it.

In recent years, the news that newcomers have seen safety accidents when taking pictures of wedding photos have seen various media. As early as September 2020, a pair of newcomers in Dongtou District, Wenzhou City, Zhejiang Province was rolled away by the waves while taking wedding photos by the beach, causing the bride, makeup artist and photographer to die.

"Safety issues are not trivial matters, but a major matter of life." Liu Junhai, a professor at the School of Law School of Renmin University of China, said in an interview with reporters that sometimes a warning sign, a protective net, or even a timely broadcast may save people's lives.

The pain of pain is not only a natural disaster, but it may also be related to the lack of safety management loopholes in the scenic area or related parties and the lack of safety awareness of tourists.

The scenic area should bear the obligation and rescue obligation of risk

In recent years, taking wedding photos with beautiful scenic spots has become a popular trend. The reporter learned that the newcomer goes to the scenic area to take a wedding photo not only to buy tickets, but also to pay separately to take a wedding photo fee. The photography team must pay the venue fee. If you do not pay this fee, you are not allowed to wear a wedding dress in the scenic area.

For tourists, what obligations should the scenic area be assumed if they pay hundreds of yuan to the scenic spot?

Mi Zhibin, a partner of strategic cooperation with no litigation strategic cooperation and partner of Beijing Junze Law Firm, told reporters that the scenic area management agency assumes the risk reminder obligations and rescue obligations corresponding to the situation of the scenic area, mainly including:

1. If the scenic area is located in high altitude areas, it should indicate the prompt response to high altitude reactions in an eye -catching place. At the same time, provide tourists with necessary rescue measures and set up medical stations;

2. Safety reminder obligations of weather changes, especially in scenic spots with changing weather and large temperature differences. Tourists enter the park to give the weather prompts, and prompt tourists to prevent cold and keep warm;

3. If the roads of the scenic area are steep and twisted, the road safety warnings should be made to give a safety driving risk prompt.

In Liu Junhai's view, the managers of the scenic area should return to the legal obligations stipulated in the Consumer Rights Protection Law, the mind of the law of the law, the vigilance of risks, and the gratitude of consumers. Obligations are the obligation of security, such as warning, reminders, warnings, as well as the construction of hardware software, the equipment of personnel, the repair of facilities, and the establishment of the safety warning signs.

The scenic area shall fulfill these security obligations, and it may bear the liability for infringement without fulfilling it. After the purchase of tickets, there is also a contractual relationship between the tourists and the scenic spot, which may constitute a competition for breach of contract and infringement.

Do you need to buy insurance for tourists?

The reporter learned that no matter whether it is tickets or admission fees, it does not include relevant insurance costs. So, should the scenic spots require or buy related insurance for tourists for the high -risk attractions such as plateau, snow mountains, and seaside?

In Mi Zhibin's view, scenic spots generally do not force tourists to buy insurance, which is in line with the provisions of the tourism law and other industry standard documents. Some scenic spots also provide insurance services while selling tickets. They should also sell them separately and not shall not bind them. Visitors have the right to choose whether to buy insurance. As one of the main sources of tourist flow of scenic spots, its organizer travel agencies usually ask tourists to buy personal accident safety insurance when they sign the service contract with tourists.

Liu Junhai also said that the purchase of insurance in principle is voluntary, which is different from the compulsory insurance belonging to the legal exception. For example, the strong insurance involves public safety and must be purchased.

Tourists have an accident, is the scenic area responsible

Visitors suffer from personal or property damage in the scenic area. Whether the scenic area is legal to be responsible for specific analysis and specific analysis. The following factors are mainly considered:

1. Whether the source of risks belongs to accidents such as mountain floods and lightning strikes;

2. Whether the scenic area managers do their best to manage their duties or faults;

3. Whether tourists comply with the management regulations of the scenic area and whether the tourists' improper behavior is the main cause of the damage to their personal or property.

"Generally speaking, for the personal or property damage caused by the accident or the entire tourist's violation of the management regulations of the scenic spot, the scenic area does not need to take responsibility. Factors, the degree of faults of the scenic area, and other corresponding compensation liability. "Mi Zhibin said that in any case, tourists have the right to ask for assistance and protection when they encounter danger of personal or property, and the scenic area is responsible for this. This is the right to visit tourists.

Article 12 of the Tourism Law stipulates that "tourists have the right to ask for assistance and protection when they are dangerous in their personal and property safety."

In Liu Junhai's view, the scenic spot should fulfill the obligation to assist in assistance and security within the scope of management and ability. For example, tourists fall and injury. After helping the scenic area, the staff should go to the rescue as soon as possible; if the critical situation such as the outbreak of the floods is encountered, the scenic area should immediately conduct a broadcast prompt and the staff will be evacuated by the staff. "Of course, if the scenic area has fulfilled the warning obligations, it is clear that tourists are prohibited from going to some districts, and tourists must privately cross the guardrail, leading to injury or death, and completely surpass the safety guarantee scope of the scenic area. At this time, I think the scenic area should be exempted from liability At least it should be reduced. "Liu Junhai believes.

Wedding photography companies should also pay attention to safety issues

In addition to the safety issues of scenic spots, in recent years, wedding photography companies or travel photography companies often like to go to the scenic area to shoot, especially to shoot at risky places such as mountainous areas, high -rise buildings, bridges, seasons, etc., and it is not uncommon for safety accidents.

For these wedding photography companies, what responsibilities should they bear?

In Mi Zhibin's view, it is usually said that wedding photography companies or travel auction companies are mainly provided by shooting services, and the shooting location is chosen by consumers. Corresponding to this, the service contracts concluded by the two parties mainly revolved around photography services, shooting locations, shooting content design and quality quality. The contract usually does not include insurance and other content. In principle, the wedding photography company or travel photography company is responsible for accidents that occur during the shooting process.

"However, if a wedding photography company or a travel photography company is not limited to shooting services, but also includes other services, such as shooting location and line decision, consumer capture action or content design, if the above service content has caused the consumer's personal personal body Or when there is a risk of damage in property, the risks that may be generated clearly and fully prompts, and take corresponding security protection measures. "

If Mi Zhibin further explained that if the consumer's personal or property is damaged due to his failure to duties, the wedding photography company or travel photography company should bear the corresponding responsibility. With reference to the trading habits of travel agencies, from the perspective of risk prevention, it is recommended that wedding photography companies or travel auction companies set insurance clauses in the service contract in this case.

"For wedding photography companies and travel auction companies, I think we should fulfill certain security obligations, especially to improve the ability to prevent and judge the risk of outdoor and field photography. Consumers are safe, and they must also ensure employees' own safety. "Liu Junhai said.

Strengthen the safety education of scenic spots

"Of course, the creation of tragedy in practice is not a unilateral role, but a variety of factors such as extreme weather, lack of self -protection awareness, scenic spots and relevant parties. The accident must reasonably divide the boundaries of responsibility according to the different causes of damage results, such as 30%and 50%responsibility. "Liu Junhai said.

In Liu Junhai's view, we responded to the scenic spots across the country to launch a risk investigation of a network and carpet -type risk. It is necessary to strengthen the safety guarantee education for employees in tourist attractions, but also ensure that every inch of land in the scenic area has basic safety guarantees. At the same time, consumers must also enhance their awareness of self -security and learn more about security knowledge.

(Source: Procuratorate Author: Liu Ya)

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