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Hikers travel needs against risks: food hygiene stay humble how rights

Number of visits: Date:2012-07-18 11:57

  Picnic outing is one thing to make us feel good, in case of food poisoning, the event of accidental injury is too unpleasant. The Huairou court the dispute of the farm tourism research, found that 6 there is a security risk:

  A food hygiene. Such as food poisoning at a restaurant that such disputes in a smaller proportion of tourism dispute, but once the people involved will be greater, even serious life-threatening health. The parties will be in batches in succession taken to court, and with the operators in the rescue opportunity, rescue mode, the amount of compensation for moral damage compensation, a greater controversy.

  2, stay humble. Such as carbon monoxide poisoning in the farmhouse accommodation, bathing slip injuries in bath. Such disputes large proportion of the humble farmhouse facilities, operating the lack of safety awareness and other reasons. Especially during the tourist season, some farmhouse operators to build a few simple house, put 35 tables opened welcoming, and lay hidden for the accident.

  And recreational facilities. Involved in recreational projects, due to aging facilities, loosening, failure and fall; sudden death when involved in stimulating projects. Some farmhouse for Showmanship, self-installation of swings, slides, seesaw and other recreational facilities, but there are some problems, some parts rust easily slip some joints, some cement board cracks, easy to play those caused by trauma or greater harm. Such disputes and facilities, lack of maintenance, maintenance, operators not entirely reasonable to pay attention to the obligations as well as tourists and individual physical condition, a variety of factors.

  4 adventure accidents. Struck by lightning, such as climbing the wild Great Wall fell off the mountain of death; the ALICE organizations Walks to explore the field of the original ecological scenic spot accident casualties. Injuries caused by Walks self-help tour organizers and participants of liability, the absence of specific tour operators and insurance, there are often difficulties with the timeliness of losses after the injury occurred, but the law does not explicitly , leading to such disputes, the lack of unified responsibility to recognized standards.

  5, the collective activities of an accident. Have organized the Live CS Competition colleagues wounded eyes; units organize tours frail and drowned; units of the organization to expand the training, because the ill activities of organizations or individuals trying to flaunt the unexpected. Such disputes often has nothing to do with the operator, with the participant himself or herself or other participants, may be involved in the tort liability and work-related injuries identified competing.

  6, children's play and more hidden dangers. Within the special geographical location of the farmhouse, most of Linhe, or some large-scale eco-tourism park there are fish ponds, pools, holidays, farmhouse many tourists. Farmhouse but there is no fixed security personnel, the lack of some key parts of the indicative signs, if the parents of the children come to play Zhigu own fun, lack of supervision on children are prone to injuries. In addition, some of the farmhouse dogs, cats, chickens, etc., the slightest mistake is easy to bring harm to the child.

  To your Weapon

  In general, the injury in the tourism process, visitors often choose to put forward the complaint for breach rather than the infringement complaint. This is mainly based on between some of the differences: The first is attributable to the principles and the burden of proof, breach of contract complaint with strict liability, just to prove that the default behavior of travel agents should be held liable for breach, unless there are statutory or agreed Disclaimer Subject ; infringement lawsuit to take fault liability, under normal circumstances, visitors must prove that the operators fault, there is a causal relationship between this fault and tourists to the damage suffered, obviously select the breach complained of the burden of proof on to be much more convenient.

  Followed by proceedings under the jurisdiction of breach of contract complaint under the jurisdiction of the court of domicile of the defendant or the performance of the contract; infringement complaint by the infringement or the defendant has his domicile court jurisdiction.

  Once again the scope of compensation, breach of contract complaint with the contract and the actual loss is limited, usually does not damage the spirit into within the scope of compensation; infringement lawsuit may claim compensation for moral damage. Therefore, the consolidated proceedings in the case of breach of contract and infringement of the operators are able to set up, visitors can facilitate the burden of proof requirements, the scope of compensation and the other claims paying ability, a choice between a complaint of breach of contract and infringement litigation.

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