What happened after Thai aunt was killed when she crossed the road?

Recently, just after the two festivals, about 700 million people chose to travel this year, many of them chose to travel abroad, and the disputes related to outbound travel also increased.

Ms. Qian from Chongqing died while traveling across the road in Thailand, and her daughter sued the travel agency for failing to fulfill her security obligations. After trial, the court held that Ms. Qian violated traffic safety rules, crossed a road without zebra crossings and traffic lights, and was knocked down by a vehicle. Traffic safety rules belong to the common sense of tourists, so travel agencies do not assume responsibility.

Traveling to Thailand and crossing the road was killed.

2015165438+1October 30th, Ms. Qian signed a Team Situational Travel Contract with Chongqing Youth International Travel Service to participate in a six-day Chiang Mai Chiang Rai tour organized by Chongqing Youth International Travel Service. Travel time ranges from 20 15 12 1 to 2065438+. In this trip, dinner is arranged for the next day, and dinner is taken care of at other times. Ms. Qian paid the travel expenses to Chongqing Youth International Travel Service according to the contract, and took part in the travel as scheduled.

On 20 15 12.5, Ms. Qian crossed the road without zebra crossings and traffic lights during her free activities after finishing her group trip, and was hit by a moving motor vehicle and died. According to the local police, Ms. Qian is mainly responsible for the accident, and the vehicles involved are secondary.

Ms. Yan, the daughter of Ms. Qian, said that at about 5 pm on the day of the incident, the tour guide sent the tourists to the door of the hotel, saying that the tourist attraction project was basically over, and the dinner was self-care and the evening time was arranged by itself. Mom and others are eating in the restaurant opposite the hotel. On the way back from dinner, when they passed the road with traffic lights, because they were old, when others crossed the road, their mother went to the isolation belt in the middle of the road, and she stood in the isolation belt and waited. Then the car hit the isolation belt, causing her to die on the spot.

The daughter sued the travel company for failing to fulfill its security obligations.

Ms. Yan believes that the team outbound travel contract has been signed, and Chongqing Youth International Tourism Company should have the obligation to protect Ms. Qian's personal and property safety. Chongqing Youth International Travel Service, as a professional travel company, should be familiar with the local customs and basic laws and regulations in Thailand, and should give necessary warnings and explanations to Ms. Qian and other tourists. Chongqing Youth International Tourism Company failed to fulfill this security obligation; At the same time, after the traffic accident in Thailand, Chongqing Youth International Tourism Company should fully assist Ms. Yan in dealing with the corresponding aftermath and claims. Ms. Qian bought accident insurance at home and abroad respectively. Although Chongqing Youth International Tourism Co., Ltd. assisted in applying for the corresponding claim, according to the relevant regulations of the local tourism department in Thailand, anyone who died during his tour in Thailand can get a certain amount of solatium. Chongqing Youth International Travel Service not only failed to inform Ms. Yan, but also failed to assist Ms. Yan in handling the corresponding application procedures.

As the sole first heir of Ms. Qian, Ms. Yan filed a lawsuit in Yuzhong District of Chongqing on 20 16 10, demanding that Chongqing Youth International Travel Service be ordered to return and compensate 28,2461yuan, including 245 15 1 yuan for death compensation and 365,440 yuan for funeral expenses.

Travel agency: the deceased violated traffic regulations and the travel agency was not responsible.

Defendant Chongqing Youth International Tourism Company argued that the facts advocated by Ms. Yan were inconsistent with the accident. The deceased Ms. Qian was hit by a moving vehicle into the isolation belt on the side of the road when she passed a road without traffic lights and zebra crossings. After the incident, the travel agency fulfilled its obligation to assist in rescue, quickly handled passports for the families of the deceased, provided round-trip air tickets, arranged accommodation and vehicles in Thailand, and arranged two staff members to assist in the aftermath until the remains were cremated. The travel agency bought personal accident insurance for tourists, and agreed that if the tourists' personal and property rights and interests were damaged during their self-arranged activities, the outbound travel agency would not be liable for compensation if it fulfilled the necessary warning obligation in advance and the necessary rescue obligation afterwards.

Therefore, Chongqing Youth International Travel Service only recognizes the refund of travel expenses 1260 yuan, and does not recognize other liability for compensation.

During the trial, Ms. Yan said that due to Ms. Qian's death, she received insurance compensation of 320,000 yuan and compensation of 2,000 yuan from the perpetrator.

The court ruled that the travel agency refunded the travel expenses and rejected the plaintiff's other claims.

The court held through trial that in this case, the time when the traffic accident occurred was the free time after the team trip. Ms. Qian violated the traffic safety rules, crossed the road without zebra crossings and traffic lights, and was knocked down by vehicles, but the traffic safety rules belong to the common sense that tourists should have. When crossing the road, Ms. Qian can foresee the danger she will face, which does not belong to the danger that must be foreseen with the help of the professional quality and experience of tour operators. Tourism operators can't predict Ms. Qian's behavior and provide security, so Chongqing Youth International Travel Service doesn't have to undertake the obligation of prompting and security.

The court finally made a judgment according to law, and the defendant Chongqing Youth Business International Travel Service Co., Ltd. refunded the plaintiff Ms. Yan's travel expenses 1260 yuan; Reject the plaintiff Ms. Yan's other claims.

Judge's interpretation of the law: improperly expanding the responsibility of tour operators will inevitably lead to inconsistent rights and obligations.

In this case, Ms. Yan and Chongqing Youth International Travel Service have no objection to the conclusion of the team outbound travel contract, and a travel contract relationship has been established between them. Paragraph 1 of Article 19 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases stipulates that if a tourist suffers personal injury or property loss in activities arranged by himself, and the tour operator fails to fulfill the necessary obligation of prompting and helping, and the tourist requests the tour operator to bear corresponding responsibilities, the people's court shall support it.

The legal basis of this judicial interpretation lies in the fact that the parties to a contract should bear the contractual responsibility for violating the collateral obligations, which is based on the requirement of fulfilling the principle of good faith in tourism contracts. Since it embodies the principle of good faith in civil law, what should be protected is the reasonable trust and expectation of the parties to the contract to the other party's behavior in the process of concluding the contract.

Although tour operators have a full understanding of the environment and dangers of tourist destinations, they can only reasonably predict the autonomous activities that tourists may engage in within the normal range based on their professional quality and experience. Improper expansion of tour operators' responsibilities will inevitably lead to inconsistency between rights and obligations.