Is it reasonable for ski resorts to restrict teaching relatives and friends to ski?
Lawyer: Putting an end to obligatory guidance from relatives and friends exceeds the scope of legal crackdown on black coaches
Recently, some netizens said that a skier took his niece skiing at the Fulong Ski Resort in Chongli District, Zhangjiakou City, causing the ski card to be deactivated by the ski resort.
Many netizens said that they have experienced similar situations.
Can you teach relatives and friends to ski at the ski resort?
A reporter from Beijing Youth Daily consulted a number of ski resorts about this.
Teaching my niece to ski on the grounds
A tourist ski pass was suspended
Recently, a netizen released a video saying that a snow friend took his niece to ski at a ski resort in Zhangjiakou, Hebei Province, and the ski pass was suspended by the ski resort.
The person involved, Mr. Hong, said that the incident happened at the end of December 2022. At that time, he took his 5-year-old niece to the ski resort to ski.
After about half an hour, the patrol team of the ski resort said that he was teaching privately in the ski resort and asked to take away the ski resort card.
Because Mr. Hong did not hand in the ski resort card that day, the ski resort stopped the season card that Mr. Hong applied for the next day. The ski resort did not resume the use of the season card until he presented the account book to prove the relationship between Mr. Hong and his niece. .
The staff of the venue said that private teaching is prohibited in the ski resort, if you need to teach, you must find a ski coach.
The video sparked discussions among many netizens.
On January 31, a reporter from the Beijing Youth Daily called the ski resort to ask if tourists could teach relatives and friends to ski. The staff responded that teaching relatives and friends to ski was not allowed in the venue. "If there is teaching behavior, there will be staff who will manage it."
Is it allowed to teach relatives and friends to ski
Every ski resort has different requirements
Is it possible to teach relatives and friends to ski in the venue?
In this regard, the Beijing Youth Daily reporter consulted several domestic ski resorts.
The staff of a ski resort in Qingdao said that private teaching on the field is not allowed.
However, if you want to teach relatives to ski in the venue, you need to register at the information desk of the ski resort school, indicating that you are a friend or relative.
"If you don't report in advance, there will be staff to check." The staff said.
The staff of a ski resort in Beijing said that tourists are not allowed to teach their relatives and friends to ski in the ski resort. If you can't ski, you can hire a coach.
The staff of another ski resort in Beijing said that tourists are allowed to teach relatives and friends to ski in the ski resort, but the ski resort will not ban it.
The staff of a ski resort in Xi'an said that if the relatives and friends of tourists can't ski, tourists can teach them by themselves, and the ski resort will not impose restrictions.
A reporter from the Beiqing Daily found that there have been many controversial incidents in the country where ski resorts prevented tourists from teaching relatives and friends to ski.
In December 2021, Mr. Wei from Beijing took his girlfriend to go skiing at Yunyi Ski Resort in Miyun District, Beijing. Because his girlfriend didn't know how, he taught on the spot.
Halfway through the slide, several staff members stopped him on the slope.
He repeatedly explained that he and his girlfriend were in a relationship, but several staff members still persuaded them to leave the snow track.
The next day, the ski resort issued a statement on its WeChat public account, saying that it mistakenly regarded Mr. Wei as a black guide and personal trainer that day, and apologized to the person concerned.
Lawyer: voluntary guidance from relatives and friends
The reason why private teaching is not allowed is that some ski resorts give the reason that, according to relevant regulations, only those who have a professional qualification certificate for social sports instructors (skiing) can conduct teaching activities.
In this regard, Zhao Liangshan, a senior partner of Shaanxi Hengda Law Firm and a well-known public welfare lawyer, believes that the country involved in the relevant regulations implements a professional qualification certificate system for social sports instructors who take fitness guidance as their profession, which is essentially to crack down on illegal business of fitness guidance The purpose of this behavior is to put an end to black coaches and prevent the masses from being deceived.
The behavior of relatives and friends in ski resorts is an act of mutual communication and assistance, not a profit-oriented fitness operation. Therefore, it is unreasonable for ski resorts to prevent friends from voluntary guidance.
The voluntary guidance of friends should not belong to the scope of professional qualification certificates stipulated in the "National Fitness Regulations", because the guidance of relatives and friends is not a "professional" behavior or business behavior, and should be distinguished.
For example, engaging in medical diagnosis and treatment requires a doctor's qualification certificate, but those who have not obtained the certificate after studying medicine do not violate the law by giving free suggestions and consultations to relatives and friends who are sick.
Zhao Liangshan said that it is understandable for ski resorts to crack down on black coaches, but the purpose of public skiing is for relatives and friends to play together and exchange experiences, and everyone should be allowed to communicate with each other. Autonomous rights of skiers.
Zhao Liangshan specifically pointed out that if relatives and friends guide some high-risk actions and cause falls, the relatives and friends are at fault and shall bear the responsibility within the scope of fault.
If the relatives and friends only guide some basic movements normally, and the risk of skiing itself causes falls, the relatives and friends will not be held responsible.
In addition, as a business place, the ski resort shall be liable within the scope of fault if it fails to fulfill its security obligations.
Ski participants who participate in high-risk outdoor activities are responsible for the damage results themselves.
As for the proportion of liability, due to differences in individual cases, the people's court shall comprehensively determine the specific circumstances and degree of fault.
Text/Reporter Li Tiezhu Intern Shi Jie