news

a man died in a car accident while on a group tour. was he riding in a private car assigned by the travel agency? who is responsible for the accident caused controversy

2024-09-02

한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina

the man was traveling with a group, but unfortunately died in a car accident at the end of his trip, and his life was frozen in the qilian mountain grassland. his family saw the live video uploaded by a passerby on social media, showing that the left side of a gray commercial vehicle was deformed by the collision. netizens thought it was a private car, but the family later learned that it was a private car sent by the travel agency to pick up tourists.

accident scene

regarding the question of whether private cars can be operated, the culture and tourism bureau of xining city, qinghai province said that they cannot, and complaints can be made if such situations occur; the culture and tourism bureau of chengdong district, xining city said that during peak passenger flow periods, travel agencies can dispatch private cars from the society to meet tourists' itineraries as quickly as possible, and said that the issue of illegal operation of private cars is not their responsibility.

the left side of the grey commercial vehicle was deformed by the collision

bad news came:

he died in a car accident while traveling

ju moupeng is from baoji, shaanxi. on august 4, he and his friends were on a tour group tour in xining, visiting some scenic spots on the qinghai-gansu grand loop for a total of 6 days and 5 nights, and the trip was scheduled to end on august 10. on august 9, he was in a car accident while riding in a travel agency's business car.

at about 18:00 on the day of the accident, ju moupeng's cousin received a call from the xining traffic police and learned that the person had died. the family was at a loss for words and finally entrusted ju moupeng's uncle, mr. ju, to handle the funeral. mr. ju said that he drove to xining overnight and arrived on the morning of august 10. his nephew had been sent to the funeral home and the driver also died in the car accident. "the friend who traveled with my nephew was seriously injured." mr. ju said that he learned from the traffic police that the accident occurred at about 12:00 noon on the 9th. the travel agency's business car collided with a large truck with a shanxi license plate, resulting in 2 deaths and 5 injuries.

a travel agency's business car collided with a truck with a shanxi license plate, resulting in 2 deaths and 5 injuries

mr. ju learned more about the accident scene from social media platforms. at the time of the accident, the road section where the accident occurred was heavily congested. some netizens took photos of the accident scene from a high altitude nearby. the reporter saw from the video that a gray commercial vehicle with a qing a license plate was parked near the guardrail on the road. the left side of the vehicle was dented and deformed. not far behind the vehicle, on the opposite lane, a red truck was parked on the road with its double flashes on. the traffic police were investigating the scene and recording it.

the red truck also had damage to the front

netizens passing by said that they were trapped here for more than 5 hours because of the car accident. there are different opinions on the cause of the accident. some netizens said that the large truck forced to overtake when going downhill, causing it to hit the normal-moving car; some netizens said that it was a small car (referring to a commercial vehicle) that forced to overtake, and the large truck could not brake, causing the accident...

the road section where the accident occurred was heavily congested

mr. ju drove to the scene himself to check it out. "that section of road is on the qilian mountain grassland. there are many traffic warning signs along the road, including reminders of 'continuous turns, slow down' and 'speed limit 30' signs." mr. ju said that he went to the scene of the accident on the third day after the accident. the scene had been cleaned up long ago, but the brake marks of the truck could still be clearly seen on the road.

discover:

the one who collected the money was a travel agency

the customer was picked up by another travel agency

ms. qiang, who was traveling with ju moupeng, has now been transferred to a hospital in xi'an for treatment. according to her brother, mr. qiang, his sister fell asleep in the car when the accident happened. after the accident, she was in a coma for seven or eight hours before waking up. she injured her lumbar spine and cervical spine, and her orbital bones and ribs were also fractured. "it was the people from changyun travel agency who talked to us. after they paid several thousand yuan for medical expenses, there was no further news."

the deceased ju moupeng was cremated in xining on august 13. when mr. ju was sorting out his nephew's belongings, he discovered the travel agency's illegal operations from his mobile phone.

"in the chat records between him and the travel agency staff, i saw that a company called qinghai dongjinfan international travel agency co., ltd. (hereinafter referred to as 'dongjinfan travel agency') collected a 200 yuan travel deposit from him, and the note said 'valid for three years and refundable if not come'; on august 4, there was another receipt for the final payment of 5,800 yuan for the travel. the money was collected by qinghai changyun international travel agency co., ltd. ('changyun travel agency'), but it was dongjinfan travel agency that signed the travel contract on august 4." mr. ju said that the bulk of the group registration money went to changyun travel agency, and it was indeed changyun travel agency that received his nephew and his friends. mr. ju suspected that his nephew and his friends were resold by the travel agency.

mr. ju learned about the deformed commercial vehicle from the traffic police. the vehicle with a qing a license plate has a capacity of 7 people, and the vehicle license shows that the vehicle is used from commercial to non-commercial. mr. ju said that the vehicle was originally an operating vehicle, but later it was converted to a non-commercial vehicle, which means that it does not have the qualifications to operate.

responses from all parties:

regarding private cars carrying tourists

the cultural and tourism bureau of shanghe district, xining city, has different opinions

the reporter from the china business news dafeng news called the relevant parties of this incident one after another.

no one answered the phone of the staff of dongjinfan travel agency who signed the travel contract with the deceased. in the recording of the call between the deceased's family and the staff, the reporter learned that he said that dongjinfan and changyun travel agency are parent and subsidiary companies. regarding the family's question about whether the two have a legal relationship, the staff did not give a direct answer, saying that the two travel agencies signed a cooperation agreement privately because during the off-season, one travel agency could not make up a group, and during the peak season, one travel agency could not handle the full situation for a while; as for the source of the vehicle, the staff said that the dongjinfan travel agency transferred the vehicle from outside.

in this regard, the reporter called the relevant person in charge of changyun travel agency, who said that dongjinfan was her husband's travel agency. the two got married and their original travel agencies were now run together. as for the car accident on august 9, she said she was not clear about it and that it was all handled by a lawyer. the reporter called the truck driver's phone several times, but it was always turned off.

on august 21, staff at xining city's 12345 government service hotline said that the travel agency's explanation of the situation was that "due to the illegal driving of an oncoming truck, the driver and a tourist died. after the accident, the travel agency actively handled the situation and has paid 30,000 yuan in burial expenses for the tourist. the travel agency will continue to follow up with the insurance company and the driver to complete the claims process." the qilian county public security bureau responded that after their coordination, the travel agency and the truck driver have already paid funeral expenses to the family of the deceased, and the cause of the accident is still under investigation.

mr. ju said: "the traffic police also coordinated 20,000 yuan in funeral expenses from the truck driver, but what i want to ask is, for a car accident with two deaths and five injuries, don't the regulatory authorities have any responsibility? i have repeatedly reported the problem of travel agencies reselling tourists and using private cars for illegal operations, but no one paid attention. if the regulatory authorities could be more strict in their work, perhaps the accident could have been avoided."

on the morning of august 29, a reporter from huashang daily called the xining city culture and tourism bureau and the chengdong district culture and tourism bureau where the travel agency is located. regarding the above issues, the staff of the xining city culture and tourism bureau said that if the travel agency that tourists paid for is different from the one that actually received them, this is considered "unauthorized replacement of the service provider" and they can complain to the culture and tourism bureau where the travel agency is located; if the vehicle provided by the travel agency is a private car, there is a problem of "using illegally operated vehicles" and they can also complain to the culture and tourism bureau. the staff member suggested that the reporter report these two situations to the chengdong district culture and tourism bureau.

afterwards, the reporter called the culture and tourism bureau of chengdong district, xining city. a staff member who claimed to be a "tourism special team" said that the travel agency did not have the problem of reselling tourists, because the two travel agencies were parent and subsidiary companies, and were considered one. he also said that this year's qinghai-gansu loop route was very popular, and when the travel agency's own fleet was too busy, it could dispatch vehicles (private cars) from the society. regarding the issue of social vehicles not having operating qualifications, he said that the problem of illegal operation was not their responsibility, but when tourists came, their travel needs must be met as soon as possible. afterwards, another staff member of the bureau took over the phone and said that the superior department filed a case for this accident and gave a penalty result, and imposed an administrative penalty of 20,000 yuan on the two travel agencies involved. the specific reason for the penalty, he said, might be related to the contract.

mr. ju was dissatisfied with the reply from the culture and tourism bureau. "i read my nephew's chat records. he consulted the travel agency online about the itinerary and made an appointment in advance. if they didn't have the capacity to receive the tourists, they could have just turned it down or informed us of the available time. it's not like we were coming suddenly. the culture and tourism bureau's statement that 'we should meet the tourists' needs as soon as possible' is too far-fetched. it's as if the travel agency was forced to arrange the tourists."

lawyer's statement:

the travel agency involved is suspected of reselling tourists

when operating private cars as commercial vehicles, regulatory responsibilities cannot be neglected

zhao liangshan, senior partner of shaanxi hengda law firm and well-known public interest lawyer, believes that regardless of whether the travel agency that collects money and receives customers is opened by a couple, or whether the two travel agencies are parent and subsidiary companies, according to the company law, the two travel agencies involved are independent legal entities. therefore, the travel agencies involved are suspected of reselling tourists.

according to the current response from the local cultural and tourism department, an administrative penalty of 20,000 yuan has been imposed on the two travel agencies involved, but the specific reasons for the penalty have not been stated. it is hoped that the local cultural and tourism department will clarify the facts, give the public an explanation, and further clarify whether the penalty is related to the two travel agencies reselling tourists.

zhao liangshan introduced that another focal issue in this matter is that the vehicles carrying tourists should have been operating vehicles, because operating vehicles are more secure for tourists. compared with non-operating vehicles, operating vehicles have obvious differences and advantages.

first, commercial vehicles refer to vehicles used in public transportation, taxi transportation, dangerous goods transportation, freight, tourist charter, etc. these vehicles need to obtain relevant transportation licenses, insurance and other formalities during driving, and relevant information needs to be marked on the vehicles. non-commercial vehicles refer to vehicles used by individuals or units for their own use, such as private cars, company vehicles, etc.

second, from a safety perspective, commercial vehicles need to undergo strict safety inspections and regular maintenance to ensure the safety performance of the vehicle, which is safer. non-commercial vehicles do not have such requirements, and the safety performance of the vehicle is often not guaranteed.

third, from the perspective of legal liability, drivers of commercial vehicles need to have professional driving skills and corresponding professional qualification certificates. once a traffic accident occurs, the driver will bear greater legal liability. drivers of non-commercial vehicles do not have such requirements, and once a traffic accident occurs, the legal liability is relatively small.

fourth, commercial vehicles are generally managed by the operating company. if an accident occurs, the operating company has strong financial support and the compensation is guaranteed. however, the owners of non-commercial vehicles have weaker compensation capabilities.

fifth, commercial vehicles are required to purchase more comprehensive insurance, including compulsory traffic insurance and commercial insurance, which provides more security for insurance compensation. non-commercial vehicles can generally only purchase compulsory traffic insurance, and many vehicles do not have commercial insurance, so the insurance protection is relatively small.

zhao liangshan called for a zero-tolerance attitude against the chaos of using private cars as operating vehicles and overstepping authority. relevant law enforcement departments should shoulder their supervisory responsibilities, increase patrols at ordinary times, and never tolerate them once they are discovered, so as to avoid similar tragedies from happening again.

huashang daily dafeng news reporter miao qiaoying editor wu yi