news

한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina

on september 30, the supreme people's court released five typical cases of tourism disputes based on the specific situation of frequent disputes in the current tourism market. among them, "jiang mouwei and others sued the operators and managers of a tourism company's business premises and public places for liability "dispute case" deserves attention.

on august 20, 2022, jiang mouwei, his wife xu mouxian, and many other family members went for an outing to a scenic spot in jiangshan city, zhejiang province, but did not purchase tickets. during the activity, xu fell off a cliff and died. the place where he fell was not within the scenic tour route. relatives of jiang wei and xu xian believe that jiang wei, xu xian and their party carried out outdoor activities in a scenic spot developed and operated by a tourism company. due to poor management of the scenic spot, long-term disrepair of facilities, and lack of warning signs, accidents occurred, and unable to receive timely treatment, he filed a lawsuit with the people's court and requested that the travel company be ordered to bear compensation liability.

in the first instance, the people's court of jiangshan city, zhejiang province held that xu and his party entered the scenic spot privately without purchasing tickets and did not form a tourism service contract with the tourism company that operates and manages the scenic spot where the incident occurred. judging from the inspection records of the public security agency and the on-site investigation, the place where xu mouxian fell and died was located in a dangerous and inaccessible part of the valley, with no accessible roads or wild roads, and far away from the normal tourist range of the scenic spot. there is no situation where the tourism company fails to maintain the scenic facilities in place or establish prohibited areas. river tracing is an outdoor activity with high risks. activity participants themselves should fully understand, predict and properly manage risks. therefore, the judgment was made to reject the plaintiff’s claim. the judgment has taken effect.

red star news reporter qi biao