Traditional Culture Encyclopedia - Travel guide - Sorry, the tourists fell and got hurt during the trip. Does the travel agency they signed up for need to take responsibility?
Sorry, the tourists fell and got hurt during the trip. Does the travel agency they signed up for need to take responsibility?
According to the "Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases"
Article 8 The people's court shall support the failure of tour operators and tourism auxiliary service providers to inform and warn tourists about tourism projects that may endanger their personal and property safety, thus causing personal injuries and property losses to tourists, and the tourists request the tour operators and tourism auxiliary service providers to take responsibility.
Tourists fail to provide personal health information related to tourism activities in accordance with the requirements of tourism operators and tourism auxiliary service providers, and fulfill the obligation of truthful disclosure;
Or take part in tourism activities that are not suitable for their own conditions without listening to the notices and warnings of tourism operators and tourism auxiliary service providers, resulting in personal injuries and property losses in the process of tourism, and the tourists request the tourism operators and tourism auxiliary service providers to bear the responsibility, and the people's courts will not support them.
Extended data
Tort liability law
Article 6 Where an actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability.
If the actor is presumed to be at fault according to the law, and the actor cannot prove that he is not at fault, he shall bear tort liability.
Article 16 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.
Article 26 If the infringer is also at fault for the occurrence of the damage, the liability of the infringer may be reduced.
References:
Central People's Government-People's Republic of China (PRC) Tort Liability Law
References:
National People's Congress-Provisions on Several Issues Concerning the Application of Law in the Trial of Tourism Dispute Cases
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