Is it illegal for a teacher to lead a student to report outdoor travel?

It depends on how old the student is, if the eighteen-year-old can be responsible for himself, then the teacher is not a big problem with or not, but if it is lower than this age, the teacher must be approved by the guardian to take the child out, and all the problems after the trip The teacher will be responsible, and the compensation for the problem is estimated to have to find the teacher, and sometimes the school may be compensated by the way! But basically it is also civil liability, administrative punishment, not enough criminal liability! That is, to lose some money, it must also be his personal property, if people don't have money, then there is no way to execute?

In addition, it is emphasized here that the team of travel outdoor travelers is actually an organization, and it is recommended to let adults, or parents of students decide to take their children to participate, students, especially teachers in schools, and the school itself should not take the initiative to organize or encourage similar activities. If the activity organization charges for profit is already illegal, the organization is dissolved at most, the individual compensates a little money, there is no guarantee, they can be irresponsible for the follow-up problems, the limited liability company of the tourism outdoor organization and the travel agency is absolutely different, don't think it's fashionable to be a travel friend, just ignore this!

There are many claims of AA in outdoor organizations, but everyone tacitly knows that more or less the team leader and the club are earned, and the team leader turns a lot, and there is no need to take responsibility for the tour guide, at most it is not enough, and the outdoor organization can use the cheapest private car, or I don't know what unit car to go to work, but the place to go is ......Most of the places that go outdoors are undeveloped, there are many unknown factors, there is an accident, there is no responsible person to find, the most protection is to buy an accident insurance for yourself before departure, right? The travel agency needs to use the operating car, the driver must operate the license, the qualification certificate, the tourist car employment certificate and other three certificates are complete, there is a problem with the fleet rescue emergency, travel agency compulsory liability insurance, tourist accident insurance, and the seat insurance of the tourist car operating car and the travel quality insurance money in the quality inspection team of the tourism bureau to escort the business behavior, to find the responsible person, a large list, to go to the place is relatively mature, and the danger is less, there are several types of insurance can be used together, there are fleets, travel agencies, The tourist office is available!

As a teacher, you must think carefully about what you are doing, whether you are thoughtful, you are half an energetic child, not necessarily quiet and obedient, especially a child under the age of eighteen? Can I take responsibility for what happens? The above are the problems, the existence of these problems, students must not know, many parents of students also think that the teacher leads, just find the teacher, but I don't know, in addition to the problem, the teacher can accompany your daughter or son can accompany you for a few dollars?

Who is responsible for the follow-up!

Personally, I feel that if you don't go through the parents and take the children to sign up, the teachers themselves are a bit Meng Lang and the responsibility is not strong. It is recommended that parents can explain things through the school and the Education Bureau, the teacher's face and the child's safety, of course, choose the latter, at least ask this teacher to learn how to be a qualified teacher! Oh yes.

If the student volunteered, it would be fine. Pay attention to safety.

Puyang County, Henan Province, Puyang County, Henan Province, No. 3 Middle School allows students to take money to travel every year.

The tourism legal relationship refers to the adjustment and regulation of tourism laws and regulations, and all parties are involved in tourism activities.

The rights and obligations of the insider. The tourism legal relationship is composed of the subject, object and content of the legal relationship. The legitimate rights and interests of tourists, travel agencies and tourists are all constituent elements of tourism legal relations, among which tourists and travel agencies belong to the scope of tourism legal relations, while the legitimate rights and interests of tourists belong to the scope of tourism legal relations.

Because the teacher is a leader and organizer, the teacher should be fully responsible for the accident, which is a legal responsibility, and because there is no good preparation for the accident, the teacher should bear the moral responsibility.

First of all, the students are brought out by the teacher and must be responsible; Second, there is no doubt that if you do not take responsibility, you will certainly be morally condemned!!

If the agreement of the contract does not violate the prohibitions of laws and regulations, the contract agreement is valid. If it violates the law, of course, it is in accordance with the law. You'd better explain the details of the matter, otherwise you won't be able to answer the question.

PS: The Tourism Law has not yet come into effect, and it will only come into force on October 1.

When tourists encounter travel disputes, they should pay attention to the following aspects: if they encounter travel disputes during the trip, they can first communicate more with the tour operator, tour leader or tour guide of the tour operator, and then contact the tour operator to ask for proper handling when they cannot solve the problem. It is necessary to reflect their opinions and suggestions to them in a timely manner, and listen to the reply of the travel agency before making a decision.

If the travel agency refuses to accept the opinion, it should pay attention to collecting evidence, and then complain to the travel agency or the relevant department or resolve it through legal channels after the end of the trip. If the objective conditions allow, you can also request remedial measures from the travel agency on the spot, accept the reasonable remedial measures of the travel agency, and continue to complete the journey. After the return trip, if the tourist thinks that there is a quality problem with the service of the travel agency, he can choose the following five ways to protect his rights to resolve the dispute.

One is to negotiate a settlement with the tour operator; the second is to request mediation from the consumer association; the third is to appeal to the relevant administrative departments; Fourth, it shall be submitted to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the operator; Fifth, a lawsuit is filed in the people's court. Legal basis: Article 128 of the Contract Law of the People's Republic of China?

The parties may settle the contract dispute through conciliation or mediationIf the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement.

If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court. The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.

As the guy upstairs said, there is the option of filing a complaint against the Consumers' Association.

As for the way of litigation, it can be, but I don't approve of it, because this consumes your energy and time, in exchange for an apology, in fact, it may not be a loss for her at all, but it is too costly for you.

Of course, if you insist on doing it, you can go to the hospital now, write a certificate, and then go to the travel agency to find a tour guide to issue a certificate, etc., and then go to court to sue.

This matter is very angry, but there are many such things in society, sometimes people walk in the rivers and lakes, encounter mad dog bites, can only admit bad luck, forget it, dissipate the anger, it is over, it is not worth wasting a good time for these people.

1. You can report the situation to the local consumer association and solve it.

2. If the first article does not work, take the form of litigation to directly demand that the hotel compensate you for your losses and ask the hotel to apologize.

In accordance with the relevant provisions of the Interim Provisions on Tourism Complaints, the following damages are included in the scope of tourism complaints:

1) It is considered that the tour operator has not performed the contract or agreement;

2) Considering that the tour operator has not provided tourism services of the same price and quality;

3) Considering that the tour operator intentionally or negligently caused personal injury to the complainant;

4) Believe that the tour operator has defrauded the complainant and harmed the interests of the complainant;

E) tourism business unit employees privately accept kickbacks and ask for tips;

6) Other harms the complainant's interests.

Where one of the above types of damage occurs in China's tourism activities, the complainant can complain to China's tourism administration. According to China's laws and regulations and the actual situation of tourism disputes, there are four ways to deal with tourism disputes: negotiation, mediation, arbitration and litigation.

Tourists' Rights and Obligations.

Only by understanding their rights and obligations can tourists know how to protect their legitimate rights and interests and abide by tourism laws, regulations and relevant provisions in the process of travel, so as to reduce the occurrence of tourism complaints and promote the healthy development of tourism. According to the "Shandong Provincial Tourism Regulations", tourists have the following specific rights and obligations:

1. Tourists enjoy the right to have their religious beliefs and national customs respected.

2. Tourists have the right to know the true situation of tourism services, and have the right to request the tour operators to provide services such as content, grade and fee.

3. Tourists have the right to choose their own tourism services; The tour operator has the right to refuse the forced transaction.

4. Tourists who suffer damage to their persons or property or who fail to provide standard services to them by tour operators shall enjoy the following rights in accordance with the law:

1) Claim compensation or compensation from tour operators who have harmed their legitimate rights and interests.

B) to the damage to its legitimate rights and interests of the tour operator or the place where the damage occurred the tourism administrative department or relevant departments and organizations of the complaint.

3) Filing a lawsuit with a people's court.

5. Tourists shall abide by national laws, regulations and social morality, and respect local ethnic customs and religious beliefs.

6. Tourists should protect tourism resources, take care of tourism facilities, and consciously abide by the tourism order and the safety and health regulations of tourist attractions and scenic spots.

It should be a combination of civil law and administrative law. The provisions on travel agencies are administrative law, and the provisions on travel contracts are civil law.

After obtaining the "International Travel Agency Business License", an international travel agency in Beijing organized an outbound tour - a 14-day tour of Thailand, Hong Kong and Macao, and 16 people signed up for Zhang. This travel agency was in too much of a hurry and did not compare the choice of local agencies, so it casually found a Hong Kong travel agency. Due to the poor organization of the local reception agency, there is no local escort in the Thai section, and many scenic spots cannot be visited.

After Zhang returned to Beijing, he went to the Beijing travel agency to file a claim, and the agency defended that it was not our responsibility. Zhang went to the Tourism Quality Supervision Bureau to complain and found that the quality deposit paid by the travel agency was only 600,000 yuan. Excuse me:

1) Is the travel agency's justification correct?

Answer: The travel agency's justification is incorrect, because according to the "Regulations on the Administration of Travel Agencies" and relevant regulations, travel agencies should choose the relevant countries and regions established in accordance with the law, reputable travel agencies, and sign a written agreement with them before entrusting them to undertake the reception work, travel agencies are so sloppy, is one of the mistakes; If the rights and interests of tourists are damaged due to the breach of contract by the travel agency outside the mirror, the domestic travel agency that organizes the exit should bear the liability for compensation, and then recover compensation from the overseas travel agency.

2) If the travel agency is unable to compensate, is the quality deposit applicable?

Answer: According to the "Regulations on the Administration of Travel Agencies", international travel agencies operating inbound tourism business need to pay 600,000 yuan quality deposit, operating outbound tourism business, also need to pay 1 million yuan quality deposit, so the agency paid insufficient quality margin, need to pay 1 million yuan, in addition, according to the "Interim Provisions on Travel Agency Quality Margin" and its "Implementation Rules", travel agencies due to intentional or negligent, If the travel agency does not bear or is unable to bear the liability for compensation, the deposit shall be applied to compensate the tourist, so the tourism accident complained by Zhang is applicable to the quality deposit.

This is an open-ended legal question, so I would like to share my personal thoughts with your question. I think the manager of the island is responsible for M's death, not F's injury. The reasons for this are:

1. On the issue of legal liability, the first step is to characterize the legal facts. From the perspective of jurisprudence, legal facts are composed of both legal events and legal acts. These two facts, the former belongs to the absolute event of legal events, that is, his occurrence is completely independent of the will of the subject, that is, the death of F is caused by the objective natural phenomenon "waves" that do not depend on the will of man.

On the other hand, M's death is a relative event, that is, it occurs based on the subject's behavior (where the subject should be the wrongdoer rather than the injured party), and M's death is caused by not being notified of the danger within a valid time.

Therefore, absolute events are often legally recognized as exempt events from legal liability - force majeure and accidents (although M's death may also be considered an accident, it can not be exempted from liability here from the next point of view).

2. The assumption of legal responsibility is often related to whether the subject of the legal relationship is at fault. In the case of F's injury, F was injured in a wave in a safe swimming area. In this process, it is clear that there is no obvious fault on the part of the island manager, firstly, its division of the security area, and the fact that the security of the area can be covered by external incidents.

Second, the subsequent acts of F after his injury, including being discovered by the lifeguard in a timely manner and being sent to the hospital, can prove that T has fulfilled the relevant duty of care.

However, in the case of M's death, T, as the manager of the island, has an obligation to the safety of the island: first, to monitor the presence of sharks and take necessary precautions; The second is to carry out the necessary isolation of the diving area. Therefore, from the facts of the case, the shark that caused M was not discovered by T as a manager, but an unrelated fishing vessel, and although T was later notified, it was already 200 meters after the shark was flanked, so T was clearly at fault in the death of M.

3. The determination of legal responsibility is also based on the causal relationship between the result of the damage and the subject's behavior. It is clear that the cause of T's actions cannot be found in F's injuries. The death of M can be caused by the failure of T to monitor and protect the safety of the sea area.

Therefore, in summary, the manager of the small island T should be responsible for M's death, but not for F's injury.

For entertainment purposes only. This is because from a purely legal point of view, it does not take into account the differences between time and space of law. Therefore, it can only be used for leisure.