Who will be responsible if an accident occurs when you conceal your medical history while traveling?

Nowadays, China’s aging population is rising sharply. Many elderly people are looking forward to traveling, using their travel time to relieve stress, improve their happy life in their later years, and start a new journey. However, the physical condition of the elderly is If some problems arise more or less, you must pay special attention when traveling.

Compared with other tourism products, senior tourism products and services have certain "specialities". Based on the age and physical endurance of tourists, senior tour routes usually cannot tour for too long, and should be equipped with accompanying doctors.

However, in real life, due to factors such as the inaccuracy of the physical assessment of elderly tourists and the non-compliance of travel agencies in the design and implementation of senior tourism products, there are many accidental rights protection cases.

Mr. Liu, 56, participated in a tour to Tibet organized by a travel agency in March 2019. He became unwell during the trip and was diagnosed as pre-hospital death after being sent to the hospital. The emergency medical record showed that he complained of cardiac arrest. Sudden death, the companion complained about past history of heart disease and hypertension.

Mr. Liu’s family sued the travel agency for compensation. However, the travel agency believes that Mr. Liu's death was caused by his own illness. He did not inform the travel agency of his physical condition when signing up for the tour. He still chose to travel to Tibet despite knowing that he had a history of heart disease and high blood pressure. Therefore, Mr. Liu should bear his own responsibility. full responsibility for the accident.

Miao Huimin said that accidental casualties among the elderly during travel are common. The main reason is that the elderly are overtired due to unreasonable itinerary arrangements, or the special environment of the tourist destination is not suitable for the physical condition of the elderly.

In the above case, Mr. Liu, as a person with full capacity, should have a basic judgment on the travel routes in this special region of Tibet, and should also have a better understanding of his own situation, and should take due care of his own health when traveling. If the person fails to fulfill his duty of care and his own safety protection and causes death, he shall bear the main responsibility for his own death.

In addition, the Civil Code, which was implemented on January 1, 2021, introduced the principle of risk-taking and voluntary risk-taking. That is to say, in the future, if tourists voluntarily participate in travel services organized by travel agencies during travel, Cultural and sports activities with certain risks. If any damage is caused by the behavior of other participants during the activity, the loss shall be borne by the participants themselves.

Miao Huimin suggested that as middle-aged and elderly tourists, you know and understand better than anyone else whether your physical condition is suitable for traveling, and you should carefully choose to participate in some cultural and sports activities that are offensive and risk personal injury. For activities, clearly inform the travel agency of your situation and choose activities that suit you.

For tourism companies that organize senior groups, Miao Huimin suggested that when designing travel itineraries, the physical condition, participation ability, activity intensity and possible risks of elderly tourists should be fully considered.

When travel agencies accept tourist registrations, they should fully inform and clearly remind tourists about the travel risks, safety precautions, physical condition requirements, etc. involved in the relevant travel routes, and at the same time, they should actively implement safety regulations during the itinerary. Guarantee obligations, take reasonable measures to prevent risks and avoid damage, and when emergencies or dangers occur, take necessary rescue measures in a timely manner to reduce risks and damage.