Who is responsible for the female tourist who suffered a stroke and fell while playing?

On July 26, 2015, Ms. Han, a citizen, was participating in a six-day trip to Thailand organized by Shandong Travel Service International Tourism Co., Ltd. Qingdao Branch (hereinafter referred to as CITS Qingdao Branch). An accident occurred while swimming. . During the process of accepting claims from the insurance company, Ms. Han discovered that CITS Qingdao Branch had committed a breach of contract and believed that the insurance premium she paid was 11.5 yuan and she did not pay the 30 yuan insurance premium as agreed. She should be responsible for the expenses incurred by her fall and injury. and bear liability for losses. After hearing the matter, the Shinan District People's Court of Qingdao City ruled in accordance with the law that CITS Qingdao Branch should compensate Ms. Han 180,226.5 yuan.

On July 21, 2015, Ms. Han and her friends signed the "Group Outbound Travel Contract" with CITS Qingdao Branch. CITS Qingdao Branch provided Ms. Han and others with 6-day Thailand travel services from July 23 to July 28, 2015. The travel fee is 2,300 yuan per person, and it is agreed to entrust CITS Qingdao Branch to purchase personal travel accident insurance.

On July 26, 2015, while swimming at Pattaya Beach in Thailand, Ms. Han suddenly became weak on the right side of her body and drowned briefly. Ms. Han's friend found that she was sleepy, unable to move her right arm and leg, and could not speak. After being sent to the hospital, she was diagnosed with a suspected acute stroke, that is, cerebral hemorrhage. After a period of treatment in Thailand, Ms. Han was sent back to China for continued treatment. She was hospitalized for a total of 137 days and incurred medical expenses of 49,865.21 yuan.

After settling the claim with the insurance company, Ms. Han learned that the insurance premium paid by CITS Qingdao Branch for her was 11.5 yuan, and it did not pay the 30 yuan insurance premium as agreed, resulting in her not receiving the corresponding claim. conduct constitutes a breach of contract. Furthermore, Ms. Han believed that CITS Qingdao Branch, as a tourism operation organization, received elderly tourists without taking corresponding safety measures and without any reminders. It should bear compensation liability for the expenses and losses incurred by her falls and injuries. At the same time, , took the matter to Qingdao Shinan District People’s Court.

CITS Qingdao Branch believes that Ms. Han has hidden physical dangers and causes high blood pressure and other diseases, resulting in physical injuries, and the company is not foreseeable. Moreover, after the accident, CITS Qingdao Branch immediately sent Ms. Han to a local medical institution. At the same time, the company objected to the amount of medical expenses and other various expenses proposed by Ms. Han, and therefore appealed to the Qingdao Intermediate People's Court.

After hearing, the Qingdao Intermediate People's Court held that the appeal request of CITS Qingdao Branch was not valid and the court would not support it. The first-instance judgment found the facts clearly and applied the law correctly, so it upheld it and made a judgment: rejected On appeal, the original judgment was upheld.