"Is it possible to teach relatives and friends to ski at the ski resort?" It is currently the snow season, and a video once again pushed this hot issue to the center of public opinion.
Recently, a netizen released a video saying that a snow friend took his niece skiing in a ski resort in Hebei, which caused the ski pass to be deactivated by the ski resort. The season card was not restored until the account book was presented.
The venue staff said that private teaching is prohibited in the ski resort, and if you need to teach, you must find a ski coach.
The relevant person in charge of the Sports Bureau of Chongli District, Zhangjiakou City responded to the media that according to relevant regulations, only those who have a professional qualification certificate for social sports instructors (skiing) can conduct teaching activities, "no certificate is not allowed."
"Doesn't tutoring your own children do homework also require a teacher qualification certificate?" In this regard, some netizens believe that the ski resort's move is to protect economic interests, "overlord clause" and "forced buying and selling"; some netizens believe that, Skiing is a high-risk professional sport. For safety reasons, it is understandable to prohibit private teaching in ski resorts, but attention should be paid to the methods and methods so as not to hurt the enthusiasm of ice and snow sports participants.
In fact, similar controversies have been frequently reported in the newspapers.
In 2020, a ski resort in Jilin once prohibited guests from teaching their friends to ski. "Friends can ski together but cannot teach." , The interpretation of the rules of the ski resort is not clear enough." In January 2022, when a snow friend in Beijing was teaching his girlfriend to ski, he was also stopped by the management and asked to prove that "your wife is your wife."
The incidents have attracted widespread attention, but the same scenario cannot be avoided in the new ski season. "Can I teach relatives and friends to ski at the ski resort?" has become a difficult problem that has been put on hold.
It's just that with the successful conclusion of the Beijing Winter Olympics and the acceleration of ice and snow sports, this problem seems to have come to an end.
The reason behind the puzzle
On the snow track, if a person slips crookedly or falls down, a stranger immediately steps up to help and provides "teaching services". The two parties soon become a teaching relationship. , This is the most troublesome thing in the ski field." Hao Shihua, the former national alpine skiing champion, founded the first private professional ski school in China after retiring. "Prohibition of private teaching", in fact, is really aimed at the behavior of long-term stealing and black private teaching.
According to Hao Shihua’s recollection, the main source of income for ski resorts in the early days was tickets. Snow friends with real teaching skills taught beginners in the ski resort, which was conducive to helping the experience group to turn into a hobby group, thereby increasing the income of the ski field. Therefore, private teaching at that time The situation doesn't care.
However, with the rapid development of ice and snow sports in my country, the demand for skiing enthusiasts has increased, and professional skiing guidance has become a rigid demand. Whether it is the ski resort’s own training or cooperation with a third party, ski teaching has become an important part of the ski resort’s supervision and income. Corresponding Locally, those "private trainers" who lack organization and management "lurking" in the ski resort have become the source of hidden dangers. "Once something unexpected happens, people will run away, and customers can only find the ski resort when they have problems."
"Skiing (alpine skiing, freestyle skiing, snowboarding) is listed in the first batch of high-risk sports catalog of the State Sports General Administration, and it is a dangerous sport. According to court research, in recent years, this type of sports Not only is the number of cases increasing, but the amount of litigation is also increasing.” Dong Shuangquan, deputy director and secretary-general of the Sports Law and Olympic Legal Affairs Research Association of the Beijing Law Society, said that before, once a skier suffered a sports injury due to choosing a private trainer, the responsibility was defined. It is very likely that the security guarantee obligations of venues will be expanded. Therefore, in order to avoid risks, ski resorts will choose to crack down on private education strictly.
At present, ski resort-related infringement disputes caused by ice and snow sports are increasingly attracting social attention. Whether the ski resort has fulfilled its obligation of safety protection has often become the focus of disputes between the parties and court hearings. Therefore, the ski resort has the obligation to punish skiers for violations. Behavioral reminders, persuasion and stop in a timely manner, "If the ski resort does not remind and persuade the behavior of 'teaching relatives and friends', once the personal injury of consumers or others is caused, the ski resort will generally need to bear the responsibility. "Dong Shuangquan told reporters from China Youth Daily and China Youth Daily that Article 1198 of the Civil Code clearly stipulates the safety guarantee obligations of ski resorts as operators and managers. Therefore, from the perspective of the legal risk of ski resort safety guarantee obligations, "The starting point of the ski resort is reasonable, but the way of communication and management needs to enhance the sense of boundaries."
But why did a regulation based on "risk avoidance" evolve into endless conflicts between ski resorts and consumers?
In Hao Shihua's view, the "unclear sense of boundaries" and rigid ski resort regulations in the actual implementation process are the key to frequent conflicts in recent years.
She said that for professional instructors who take skiing as a profession and face the public, they really need professional knowledge reserves and corresponding qualification certification, but it is unreasonable to consider mutual guidance between relatives and friends as "teaching activities" and make the same requirements , "The key lies in whether there is a paid transaction, whether it is an official behavior, if not, at best it is 'guidance'."
Before the "subjective choice" of some consumers, it is indeed difficult for ski resorts to distinguish between "for-profit teaching" and "free guidance between relatives and friends". In order to block foreign personal trainers, some ski resorts have adopted relatively The harsh attitude of Xinjiang reduces the personal experience of consumers and damages the reputation of the ski resort.
Behind the contradictions, we can get a glimpse of part of the current situation of my country's ski industry.
“In some skiing developed countries, services such as teaching, leasing, and cable cars in ski resorts are provided by different parties, with their own interests and risks. However, almost all of our services are provided by the ski resorts themselves, and the benefits and risks are comparable Concentrate.” In Hao Shihua’s view, my country’s ski industry is still in its infancy, so consumers are indeed faced with situations such as insufficient products to choose from, high learning costs, etc., and safety risk awareness needs to be improved. Therefore, consumers and ski resorts do not know Unknowingly stand on both ends of the contradiction.
Breaking through resistance requires the joint efforts of multiple parties
"It can only be sparse but not blocked." Li Xiaoming, director of the Winter Sports Management Center of the Beijing Sports Bureau and chairman of the Beijing Ski Association, told the media that in response to the contradictions caused by the "prohibition of private teaching", relevant departments have already opened some ski resorts in the south and Beijing. The ski resort has made an attempt, as long as ski enthusiasts with ski instructor qualifications are included in the unified management of the ski resort, they are allowed to conduct public teaching in the ski resort, but they must be registered in the ski resort.
Li Xiaoming explained that the reason for adopting this method is, first, to be responsible to ski consumers, to prevent some behaviors that do not have ski teaching qualifications from happening, and to bring harm to ski lovers; Incorporating qualified coaches into the coach management of the ski resort can also make up for the lack of coaches in the ski resort during the peak skiing period; third, those who can be coaches themselves can also bring a certain amount of traffic.
In addition, Dong Shuangquan said that it is also very important to provide better protection for ice and snow sports at the judicial level. "Currently, the judiciary has not yet unified the understanding of the boundaries of the security obligations of ski resorts, and there is a large degree of discretion. I believe that in the future With the development of skiing sports, the boundaries of security obligations of ski resorts will be reasonably limited, including in trial practice, as far as possible to unify the referee standards, which is conducive to the reduction of similar disputes and the healthy development of skiing sports.”
Specific to the current situation, if consumers conduct mutual guidance between relatives and friends in a designated area without affecting others, but are stopped by the ski resort, Dong Shuangquan suggested that consumers should take the initiative to communicate with the staff or person in charge of the ski resort in a friendly manner Or make rational complaints. At the same time, you can take the initiative to make relevant safety commitments to the ski resort. If the problem still cannot be solved, you can protect your own rights and interests by calling the police.
But he emphasized that paying attention to the boundaries of exercising rights applies not only to ski resorts, but also to consumers. "Consumers should also pay attention to the dangers of skiing and obey the formal management of ski resorts."
"Skiing is a high-risk sport, but it also belongs to the tourism industry. Excessive intervention by ski resorts will definitely have counterproductive effects." In Hao Shihua's view, improving product content and service quality in ski resorts and ski industry practitioners is the initiative to solve the problem. , "Not all people who like skiing are rich." She said that as the number of skiing enthusiasts increases, the content of services should be subdivided. For example, for beginners, more cost-effective group lessons can be carried out. For high-level players, it also provides convenient channels for their exclusive personal training. "I believe that consumers want to choose their own suitable service content when they enter the ski resort, instead of waiting for a fall and relying on strangers to recommend themselves to get learning opportunities. There are Only by providing a variety of teaching products can we guide and improve consumer awareness." Seeing the micro-knowledge, the driving force for the healthy and orderly development of skiing comes from working together to break through the resistance of these subtleties.
China Youth Daily and China Youth Daily reporter Liang Xuan Source: China Youth Daily