If a hotel falls, does the travel agency need to take responsibility?

Travel agency bears 30% responsibility for an elderly man’s fall while traveling in a group tour

Court: The travel agency failed to fulfill its safety protection obligations and compensated more than 110,000 yuan

Case

On March 4, 2017, Aunt Liu signed a "Team Domestic Travel Contract" with a travel agency in Pingxiang City, and participated in the East China Five Tour organized by the travel agency from March 30, 2017 to April 4, 2017. city ??tourism.

At around 9:00 on April 2, while the tour group was shopping at a shopping mall, Aunt Liu came out of the bathroom and accidentally stepped on the edge of the stairs and fell. The travel agency tour guide immediately sent Aunt Liu to a local hospital for treatment. Unable to continue her journey, Aunt Liu returned to Pingxiang for hospitalization on the evening of April 3. She was diagnosed with a fracture of the right third malleolus and subluxation of the ankle joint. The forensic appraisal center determined that Aunt Liu had a level 10 disability.

After the accident, unable to reach an agreement due to medical expenses and other issues, Aunt Liu sued the travel agency and the third-party insurance company to the court, demanding compensation for losses.

During the trial, the travel agency argued that it had fulfilled its safety protection obligations during the tour. At the same time, Aunt Liu’s fall was caused by her own carelessness, and the travel agency should not be liable for compensation. (Compiled by reporter Cheng Aidi)

Judgment of the case

The court held that the travel group that Aunt Liu participated in was all older people, and the travel agency, as a tourism operator, did not provide services when providing services. During the process, we should be more cautious about the safety of tourists. However, the travel agency in this case did not effectively remind or warn the plaintiff, failed to fulfill its safety guarantee obligations, was at fault for Aunt Liu's fall, and should bear corresponding liability for compensation. The plaintiff is a person with full capacity for civil conduct who has certain life experience. He should actively manage his own affairs, but he was negligent and was seriously at fault for the occurrence of the damage. The court ruled in accordance with the law that the defendant travel agency should bear 30% of the losses caused by Aunt Liu due to the travel accident, which is more than 110,000 yuan.