Who is responsible for the accident when traveling conceals medical history?

At present, the aging population in China is rising rapidly, and many elderly people are looking forward to traveling. They can use their travel time to relieve stress, improve their happy life in their later years and start a new journey. However, the elderly have some physical problems more or less, so we must pay special attention when traveling.

Compared with other tourism products, elderly tourism products and services have certain "particularity". Considering the age and physical endurance of tourists, the tour route of the elderly usually can't last too long, and accompanying doctors should be equipped.

However, in real life, due to the inaccurate physical assessment of elderly tourists, travel agencies are not compliant in the design and implementation of products for the elderly, leading to frequent accidents.

Liu, a 56-year-old teacher, took part in a trip to Tibet organized by a travel agency in March 2008. During the trip, she felt unwell and was diagnosed as dying before being taken to the hospital. According to the emergency medical records, she complained of sudden cardiac death, accompanied by a past history of heart disease and hypertension.

Teacher 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 didn't tell the travel agency about his physical condition when he signed up for the tour. Knowing that he had a history of heart disease and hypertension, he still chose to travel to Tibet, so Mr. Liu should take full responsibility for the accident himself.

Miao Huimin said that it is not uncommon for the elderly to have accidental casualties during their travels. The main reason is that the unreasonable itinerary leads to the overwork of the elderly, 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 tourist routes in this special area of Tibet and know more about his illness. When traveling, you should fulfill your obligation to take care of your health. Those who fail to fulfill their duty of care and self-safety protection shall bear the main responsibility for their own death.

In addition, 202 1, 1 and 1 came into effect, which introduced the principle of taking risks at your own risk and voluntariness. In other words, tourists who voluntarily participate in certain risky cultural and sports activities organized by travel agencies in the future should bear the losses caused by the actions of other participants.

Miao Huimin suggested that as a middle-aged and elderly tourist, he knows better than anyone whether his physical condition is suitable for traveling. He should carefully choose to participate in some sports activities that are aggressive and have the risk of personal injury, clearly inform the travel agency of his illness and choose activities that suit him.

Miao Huimin suggested that tourism enterprises that organize elderly tour groups should fully consider the physical condition, participation ability, activity intensity and possible risks of elderly tourists when designing travel itineraries.

When accepting tourists' registration, travel agencies should fully inform tourists and clearly remind them of the travel risks, safety precautions and physical requirements involved in the relevant tourist routes. At the same time, actively fulfill the obligation of safety and security during the travel, take reasonable measures to prevent risks and avoid damage, and take necessary rescue measures in time to reduce risks and damage in case of emergency or danger.