Traditional Culture Encyclopedia - Travel guide - Who is responsible for the casualties caused by self-organized tourism?

Who is responsible for the casualties caused by self-organized tourism?

Legal analysis: although the victim's death was an accident, all parties involved in the field collective exploration or self-help tour have fulfilled the necessary rescue obligations, and there is no fault subjectively. In the free self-help tour, the organizer only assumes the general obligation of goodwill protection, and does not assume the responsibility equivalent to that of the travel agency. In view of the accidents in the process of self-help tour, the basic principle is to judge and define the nature of self-help tour first, and then share the responsibility according to the organizational form, participants and specific reasons of the accident.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 186 If neither the victim nor the actor is at fault for the occurrence of the damage, both parties shall share the loss according to law.

Article 119 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.