In recent years, outdoor travel has become a new lifestyle in China. People tend to go outdoors to experience something different from daily life.
It is not just about adventure and challenges, but also to manifest the expression, “To outdoor, to be myself”. It is a combination of fitness, travel, adventure, entertainment, self-recognition, etc. According to the report published by Chinawalking.net.cn, outdoor travel in 2016 surpassed 130 million person-trips.
It is no doubt a huge market but we should also take a look at the following numbers. In 2016, according to incomplete statistics, there were 311 outdoor accidents, in which 64 people died and three people went missing. The numbers are indeed small compared to the total amount. However, every life counts; each person was the whole world to their loved ones.
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Nobody wants accidents. However, the risk is there, whether you recognise it or not. Therefore, from a legal point of view, what are the organisers responsibilities in such outdoor travel activities?
Generally, there are two different kinds of groups in terms of outdoor travel. One is the non-profit, self-organised group, and the other is professional tourism by a company/club.
Due to contractual relationships between the attendees and the professional tourism company/club, the organiser is obliged to assure the safety of travellers. Then what about the organisers in the self-organised groups? Do they take the same responsibilities as the tourism companies?
In 2013, a female traveller unfortunately fell from a mountain while climbing and died. Her family sued the organiser and the group leader for ¥809,065.02. After the second instance, the organiser was ruled to take on 10 percent of the liability and the group leader was ruled to take on 5 percent.
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In 2014, a male traveler went climbing but drowned during the outing. His family sued the climbing organisation and the group leaders for about ¥410,000. The court rejected all claims by the plaintiff.
Why the different rulings under similar circumstances?
In accordance with the Tort Law of People’s Republic of China, managers of public places such as hotels, shopping markets, banks, bus stations plus entertainment venues and the organisers of en-mass activities shall bear tortious liability for injury or damage done to other people as a result of their failure to fulfill their duty of care.
In the first case, the organiser failed to fully remind the victim of the actual risk and essential equipment for the climbing, while in the second case, the organiser fulfilled their duty; the victim chose a different way from the others, which caused the tragedy. Therefore, whether the organiser or the group leader shall take liabilities depends on if they have fulfilled their duty of care.
In order to avoid danger and dispute during outdoor travels, The Nanjinger presents the following useful tips:
- Both organisers and participants of outdoor travel shall be honest to disclose their own physical situation during preparations for the activity. The organisers’ ability and experience should be made known to participants so that they can make judgments and choices accordingly.
- Organisers should arrange the activities carefully and responsibly. Travel routes shall be chosen carefully and take full account of risks. Participants shall be informed of all risks and shall be capable of handling such risks.
- Organisers should consider in advance potential risks and relevant rescue measures. With the outbreak of danger, the organiser shall provide the necessary rescue actions, but only within their capacity.
- Both organisers and participants shall purchase relevant insurance in advance.
DISCLAIMER
This article is intended solely for informational purposes and does not constitute legal advice. Although the information in this article was obtained from reliable official sources, no guarantee is made with regard to its accuracy and completeness. For more information please visit dandreapartners.com or WeChat: dandreapartners
