Traditional Culture Encyclopedia - Travel guide - Does the travel agency have to pay for the injury caused by traveling with a group?

Does the travel agency have to pay for the injury caused by traveling with a group?

Legal analysis: Under normal circumstances, travel agencies and tourists will agree on the corresponding rights and obligations when signing travel contracts, while travel agencies should fulfill the corresponding safety reminders and security obligations in the service process, and should bear the corresponding legal responsibilities if they fail to do so. The Tourism Law clearly stipulates that tourism operators should take corresponding security measures when organizing and receiving tourists such as the elderly, minors and the disabled. After an emergency or tourism safety accident occurs, tourism operators shall immediately take necessary rescue and disposal measures, fulfill their reporting obligations according to law, and make proper arrangements for tourists. Tourists have the right to request timely assistance from tour operators, local governments and relevant institutions when their personal and property safety is in danger.

legal basis: article 12 of the tourism law of the people's Republic of China stipulates that tourists have the right to ask for assistance and protection when their personal and property safety is in danger. Tourists who have suffered personal or property damage have the right to compensation according to law.

Article 1198 of the Civil Code of the People's Republic of China. Operators, managers or organizers of mass activities in hotels, shopping malls, banks, railway stations, airports, stadiums, entertainment places and other business places shall bear tort liability if they fail to fulfill their security obligations and cause damage to others. If the behavior of a third party causes damage to others, the third party shall bear the tort liability; Operators, managers or organizers who fail to fulfill their security obligations shall bear corresponding supplementary responsibilities. Operators, managers or organizers may claim compensation from a third party after assuming supplementary responsibilities.