How to deal with personal injury to tourists caused by third party infringement during tourism activities

1. Exemption from tourists who fail to fulfill their obligation to truthfully inform:

During the tour, if the tourist participates in a tour organized by the travel agency that is not suitable for his or her physical condition without telling the true information, The travel agency will not be liable for any personal injury caused to tourists due to their tourism activities.

In addition, if the travel agency has discouraged tourists from participating in tourism activities that are not suitable for their own physical conditions, but the tourists still force themselves to participate, the travel agency will not be liable for any personal damage caused thereby.

2. Exemption from liability for damage caused to tourists by the actions of a third party:

During the course of travel, if the actions of a third party cause personal injury or property loss to tourists, the liability shall be borne by that person. The third party is liable. If the travel agency fails to fulfill its safety protection obligations, it shall bear corresponding supplementary liability for the portion that the third party cannot compensate. For example, after C signed up for a tour organized by D Travel Agency, D Travel Agency transferred C to A Travel Agency without C’s consent.

During the tour, the tour bus of travel agency A was hijacked by B. During the hijacking process, B injured tourist C who was organized by travel agency A. B shall bear tort liability to C.

As for travel agency A’s liability, it depends on whether it fulfills its safety protection obligations. If it cannot be proved that travel agency A has fulfilled its safety protection obligations, travel agencies D and A are required to bear joint and several liability commensurate with the degree of fault for the portion that B cannot compensate.