Traditional Culture Encyclopedia - Tourist attractions - How does a self-driving tour agreement take effect legally?

How does a self-driving tour agreement take effect legally?

Whether it is the provisions of the law itself or judicial practice, this kind of exemption agreement is difficult to exempt. For self-guided tours among friends, the organizer has certain safety obligations for the participants. If a team member is in danger, the team leader must bear legal responsibility. If the organizer fails to fulfill his safety protection obligations and causes damage to others, he must bear certain legal liability. Once strangers travel together to cause a civil dispute, it is not that simple to confirm the various details of the case and the subsequent claims. Since there is currently no clear legal definition for self-guided tours, the applicable laws include the Contract Law, the Interpretation of Several Issues Concerning the Applicable Laws in the Trial of Personal Injury Compensation Cases, etc.

Almost all organizers of self-guided tours will include a disclaimer when posting, indicating that the participants are participating voluntarily and are responsible for their own responsibility, so as to avoid "worries". This is what "travel friends" often Talk about "life and death". Since most of the services provided by organizers are free of charge, participants do not care too much and generally accept such terms readily. In fact, such a clause cannot really exempt you from liability as soon as it is posted. In the self-organized AA outing, since the organizational form determines that members do not have a service or dependence relationship with the organizer, the exemption clause in advance has a certain warning effect. However, the members agreed to carry out a dangerous activity and set up mutual assistance obligations. When the members violate the purpose of the mutual assistance obligations during the activity, the exemption clause will not apply. Moreover, according to the provisions of the Contract Law, exemption clauses involving personal injury are not protected by law. It can be seen that even if a "declaration of life and death" is signed, the organizers must fulfill their risk warning obligations, and in times of crisis, all "travel friends" must also perform their obligations to rescue each other to the best of their ability. Otherwise, if an accident occurs, you should bear the corresponding liability for compensation.