参加冰雪游出了安全问题，谁担责？

参加冰雪游出了安全问题，谁担责？

根据具体情况的不同，游客、旅行社、景区均可能承担相应责任

　　本报记者 吴丽蓉

　　阅读提示

　　相比于普通旅游项目，滑冰、滑雪等冰雪游项目大多风险较高，如果游客参加冰雪游出事故，谁来担责？根据具体情况的不同，游客、旅行社、景区均可能承担相应责任。

　　冬奥会临近，冰雪游迎来新热潮。国家体育总局委托国家统计局开展的“带动三亿人参与冰雪运动”统计调查显示，2015年北京成功申办冬奥会以来，截至2021年10月，全国冰雪运动参与人数达到3.46亿，已实现“带动三亿人参与冰雪运动”的目标。

　　相比于普通旅游项目，滑冰、滑雪等冰雪游项目大多风险较高，如果游客参加冰雪游出事故，谁来担责？

　　“轻微磕碰是常事，摔过几次脑震荡”

　　近日，31岁的缪先生提前休假，从杭州来到北京学习滑雪。他购买了一家滑雪场的季票，几乎天天“泡”在雪场。

　　作为新手，他挑战的是入门难度较高的单板滑雪，“摔倒是家常便饭”。他自备了头盔、护膝和护臀，但“摔多了还是挺痛的”。和他一起滑单板的一个朋友，有一次在斜坡上往后倒时用手撑地，把左手手腕给扭了。

　　即便经常摔跤，而且滑雪场提示“滑雪有风险，选择与自己实际水平相适应的雪道，循序渐进”，但缪先生滑了3天后就上了中级道。他认为自己玩得比较保守，只做练习不做危险动作。他的另一名“雪友”则说，单板滑雪做“平花”动作时容易摔倒，“轻微磕碰是常事，我还摔过几次脑震荡。”

　　他们的滑雪票不含保险，也都没有另外购买滑雪保险。记者了解到，很多滑雪场的套票并不包含保险费用，而普通意外险通常将滑雪等高风险运动列入免赔责任中，滑雪者可根据自身需要考虑购买专门的滑雪险。

　　专业人士建议，滑雪游客应认真阅读安全提示、注意事项，听从景区工作人员的指挥，遵守滑雪场的安全规范，选择与自身滑雪能力相匹配的雪道，以免发生意外。

　　参加滑雪旅游团出安全问题，旅行社负责吗？

　　Most of the ski resorts are far from the urban area, and many people will sign up for one-day ski tours.

In addition, it is also a choice for many people to report to a tourist group to play in a ski resort.

Is the travel agency responsible if there is a safety issue during a ski tour?

　　The Tourism Quality Supervision and Management Institute of the Ministry of Culture and Tourism recently released several typical cases of tourism complaints, one of which is related to this.

Tourist Wang and his mother signed up for a 6-day skiing trip to Changbai Mountain organized by a travel agency. On the second day of the trip, Wang fell and was injured while skiing according to the itinerary. After that, his mother rented a car and sent it to the hospital. It was diagnosed as a right tibia Comminuted fractures require hospitalization.

　　Wang's family believes that because the travel agency failed to prudently choose the recreational and entertainment items for travel assistants, did not organize relevant training before skiing, and did not remind tourists of the relevant risks, Wang suffered an accidental fall while skiing.

After the fall, the staff of the travel agency did not rescue the injured in time, but Wang's mother sent the injured to the hospital for treatment. The travel agency failed to fulfill its safety responsibility and violated the relevant contract and should be liable for compensation.

　　The travel agency believes that the travel agency has told tourists to pay attention to their own safety in the "Notes for Tourists" in the "Tourism Itinerary Planning Instructions", and requires tourists to pay attention to their physical condition and potential safety hazards when participating in high-risk projects.

The travel auxiliary service provider selected by the travel agency has the corresponding business qualifications and has fulfilled the obligation to prudently select the tourism auxiliary service provider.

　　According to the relevant laws and regulations, the conclusion of the case is that since Wang paid the travel expenses to the travel agency according to the contract, and the travel agency organized a group to travel, the travel agency should fulfill the responsibility for the safety and security of the tourists according to the contract between the two parties.

This responsibility includes the travel agency's obligation to inform tourists about the quality and safety of travel, and the obligation to rescue injured tourists.

Wang fell and was injured while participating in skiing according to the itinerary, and it was no fault of his own.

The "Tourism Itinerary Plan" submitted by the travel agency was insufficient to prove that it gave a clear warning to Wang's choice of skiing.

　　Because the travel agency has purchased travel agency liability insurance from the insurance company, according to the insurance clause, if the insured suffers personal injury to the tourist due to negligence, the insurer shall be liable for compensation.

Therefore, the insurance company should be liable for Wang's various losses within the insurance limit, and compensate Wang for a total of 130,000 yuan for medical expenses, nursing expenses, nutrition expenses, and transportation expenses.

　　A minor is injured in an ice and snow playground, is the scenic area responsible?

　　In many ice and snow playgrounds, children can be seen everywhere.

If a minor is injured in an ice and snow playground, is the scenic area responsible?

　　In another typical case of a tourist complaint, a tourist Yuan took his 6-year-old daughter to an ice and snow playground. When riding a snowmobile together, Yuan’s daughter’s foot embedded in the accelerator, which made the snowmobile unable to stop and hit the ground. heap.

The original daughter's mouth collided with the snowmobile. The hospital diagnosed her as a laceration of her lower lip, 5 missing teeth in the front door, and a fracture of the alveolar process in the anterior maxillary area.

　　Yuan believes that the ice and snow playground did not inform tourists about the operation method of snowmobiles, nor did it inform tourists of relevant precautions.

The person in charge of the scenic spot believes that the original daughter's injury was caused by her operating error and not wearing her seat belt. Yuan did not fulfill her guardianship responsibility during the operation, and the playground is not at fault and should not be held responsible.

　　According to the relevant laws and regulations, the conclusion of the case is that Yuan did not fulfill the corresponding duty of care when riding the snowmobile with his daughter, and there was a fault of improper guardianship, and he should bear 30% of the responsibility by himself.

The amusement park did not remind tourists to fasten their seat belts, nor did they arrange for staff to inform tourists about the operation method, and did not fulfill their safety obligations to tourists. They should be liable for 70% of the damage and compensate for medical expenses, nursing expenses, and transportation expenses. 19,000 yuan.

　　In recent years, a series of high-risk tourism products such as rafting, bungee jumping, diving, skiing, and ice skating have been favored by more and more tourists.

Compared with general tourism projects, these projects are more professional and have a higher degree of risk.

Professionals suggest that operators of scenic spots should regularly conduct safety inspections on recreational facilities in scenic spots; they should also provide necessary reminders and warnings to tourists, and inform tourists of the operation methods and precautions of entertainment projects and facilities; if an accident occurs, tourists should be promptly checked. Rescue.