Who is responsible for a sudden stroke and fall injury while a female tourist is playing?

Updated on society 2024-06-10
3 answers
  1. Anonymous users2024-02-11

    On July 26, 2015, Ms. Han, a citizen, was participating in a six-day tour of Thailand organized by Shandong Travel Agency International Tourism **** Qingdao Branch (hereinafter referred to as CITS Qingdao Branch) when she had an accident while swimming. In the process of accepting the insurance company's claim, Ms. Han found that CITS Qingdao Branch had breached the contract, and believed that the amount of insurance premium she paid was yuan, and she did not pay the insurance premium of 30 yuan as agreed, and she should be liable for the expenses and losses caused by her fall and injury. After hearing the matter, the Shinan District People's Court of Qingdao City ruled that CITS Qingdao Branch should compensate Ms. Han in accordance with the law.

    On July 21, 2015, Ms. Han and her friends signed the "Group Outbound Travel Contract" with CITS Qingdao Branch. CITS Qingdao Branch provided Ms. Han and others with a total of 6 days of travel services in Thailand from July 23 to July 28, 2015. The travel fee is 2,300 yuan per person, and it is agreed to entrust CITS Qingdao Branch to purchase personal travel accident insurance.

    On July 26, 2015, Ms. Han was swimming at the beach in Pattaya, Thailand, when the right side of her body suddenly became weak and she drowned briefly. Ms. Han's friend found that she was sleepy, unable to move her right arm and leg, and unable to speak, and was admitted to the hospital and diagnosed with suspected acute stroke, that is, cerebral hemorrhage. After a period of time in Thailand**, Ms. Han was sent back to China to continue**, and was hospitalized for a total of 137 days, incurring medical expenses.

    After Ms. Han made a claim with the insurance company, she learned that the amount of insurance premium paid by CITS Qingdao Branch was RMB, and she did not pay the insurance premium of RMB 30 as agreed, resulting in her failure to receive the corresponding claim, and her behavior constituted a breach of contract. In addition, Ms. Han believes that CITS Qingdao Branch, as a tourism business organization, receives elderly tourists, and should be liable for compensation for the expenses and losses caused by its fall and injury, and at the same time, it will file a lawsuit with the Shinan District People's Court of Qingdao City.

    CITS Qingdao Branch believes that the company did not foresee that Ms. Han had hidden physical dangers and caused diseases such as high blood pressure, resulting in physical injuries. Moreover, after the accident, CITS Qingdao Branch immediately sent Ms. Han to a local medical institution. At the same time, she objected to the amount of medical expenses and other expenses raised by Ms. Han, and therefore appealed to the Qingdao Intermediate People's Court.

    After the trial, the Qingdao Intermediate People's Court held that the appeal request of CITS Qingdao Branch was not established, and the court did not support it, and the first-instance judgment found that the facts were clear and the law was correctly applied, and upheld it, and made a judgment: the appeal was rejected and the original judgment was upheld.

  2. Anonymous users2024-02-10

    In the course of travel, the tour operator has to bear the obligation of safety and security in the process of tourist's play, and if it fails to fulfill the relevant responsibilities, tourists can claim compensation from it if they are injured while playing.

    Article 79 of the Tourism Law stipulates that tour operators shall strictly implement the laws, regulations, national standards and industry standards for safety production management and fire safety management, have corresponding safety production conditions, and formulate safety protection systems and emergency plans for tourists. Tour operators shall carry out regular emergency rescue skills training for employees who directly provide services to tourists, conduct safety inspections, monitoring and evaluation of the products and services provided, and take necessary measures to prevent hazards. Tour operators organizing and receiving tourists such as the elderly, minors, and the disabled shall take corresponding measures to protect the elderly, minors, and the disabled.

  3. Anonymous users2024-02-09

    12369 is an environmental report**, we know that environmental protection is a very large range of concepts, not only the ecological environment, even the noise problem also belongs to the scope of environmental protection. So does 12369 care about noise? This is a question that we often encounter in our lives, and I have compiled the following to answer for you, I hope it will be helpful to you.

    1. Does 12369 care about noise

    Mainly look at what kind of noise is produced to determine what kind of noise it belongs to. 12369 accepts only industrial noise.

    Nishi dress、What is 12369

    12369 is the report of environmental protection, according to the Ministry of Environmental Protection of the People's Republic of China "Environmental Protection Reporting Work Management Measures" established: "Citizens, legal persons or other organizations by calling environmental protection reports, to the competent departments of environmental protection at all levels to report environmental pollution or ecological damage, request the competent departments of environmental protection to deal with it in accordance with the law".

    3. Scope of 12369 acceptance

    1. The general degree of pollution is accepted by the environmental protection bureau of the jurisdiction, and serious environmental pollution problems can be reported directly to the "12369" city command center.

    2. If it is within the jurisdiction of the environmental protection department, if it belongs to the municipal level, it will be dealt with at the municipal level; If it belongs to a certain district, it will be handed over to the environmental protection department of the district for processing.

    Therefore, in terms of noise, we need to understand what the noise is, if it is industrial noise, then you can report it by dialing 12369, if not, then it is not within the scope of its acceptance, it cannot be handled, and it needs to be handed over to the relevant departments to deal with.

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