Case background: On October 4, 2118, a tourism safety accident occurred in Yanzhou Island, Dinghu District, Zhaoqing City, Guangdong Province. Two tourists who participated in the outbound tour with the unit violated the travel contract when they were free, and they swam in the Xijiang River at their throats, and suddenly drowned in the deep water.
On the eve of the National Day in 2118, Guangdong Staff International Travel Service, entrusted by the Guangzhou Office of Zhengzhou Youde Weiye Technology Development Co., Ltd., organized 111 employees of the company to go to Yanzhou Island near the Xijiang River in Zhaoqing for a two-day tourism expansion activity. The tourism contract signed by both parties specifically stipulated that tourists were not allowed to travel to Xijiang River without authorization. Before the activity, the manager of the travel agency group department and the person in charge of the company surveyed the tourism expansion area, where there were warning signs prohibiting traveling and swimming, and both parties signed a tourism contract. The expansion of tourism activities is progressing smoothly according to the contract. On the morning of October 4th, after visiting Yanzhou Island in Dinghu District, after lunch, the person in charge of the company negotiated with the tour guide, giving the tourists one hour to tidy up, take a break, and then returned to Guangzhou by bus at 4 pm. The tour guide immediately announced the free activities, and then told everyone not to go swimming in the Xijiang River. At 2: 31 pm that day, seven or eight tourists went swimming on the beach without authorization, about 2:41, with three tourists.
after the accident, with the concerted efforts of the local government, tourism, public security, sea trial and other relevant departments, and the organizing unit of the travel agency, after friendly consultation with the family members of the deceased, the organizing unit signed an agreement with the family members of the deceased on behalf of the travel agency and Yanzhou Village Committee, and each deceased received economic compensation of RMB 1,111 yuan and travel accident insurance of RMB 81,111 yuan purchased by the travel agency for the tour group.
expert reviewer, Han Yuling, female, professor, deputy director of the Academic Committee of Beijing Tourism Development Research Base, director of the Research Department of beijing international studies university, and deputy director of the Research Center of Tourism Law and Industry Regulation, mainly engaged in teaching and research work in tourism policy and regulation, tourism safety, world heritage protection and tourism resources protection.
generally speaking, the common reasons for infringing tourists' right to safety protection are: first, the lack of safety awareness. The expansion tour organized by the travel agency in this case belongs to special tourism relying on wading places. Before the incident, the tourist destination was flooded by heavy rain, and tourists were unfamiliar with rice. Although warning signs prohibiting swimming in the water were set up, there were no corresponding obstacles to prevent tourists from getting into the water. There were security risks in the area selected by the travel agency. During the free activities, no special personnel were arranged to patrol and prevent passengers from getting into the water in time.
Second, blindly selling prices to compete for organizing tour groups, organizing tourism activities at a price lower than the cost, greatly reducing the service quality, reception standards, accommodation conditions and transportation, which will inevitably bring high risks. Hiring unqualified personnel, using transportation on the road with illness, providing simple accommodation facilities, and visiting places without safety guarantees have all laid the groundwork for the occurrence of tourism safety accidents.
Third, the tourism products provided, especially special tourism products or tourism environment, do not meet the requirements of tourism safety. In tourist attractions, the amusement facilities are aging, the quality is not up to standard, there are no safety protection facilities or warning signs, and there are hidden dangers in the natural environment, such as thunderstorm angel tourists being struck by lightning, getting lost, etc. How to avoid or reduce safety risks when designing tourism products and how to take necessary measures against possible risks are the first issues to be considered.
Fifth, tourists lack due safety awareness and preventive knowledge. In practice, tourists' awareness of tourism safety prevention is not strong, and the lack of tourism safety knowledge is a common phenomenon. The psychology of low prices and the bad consumption motivation of pursuing maximum benefits have led some tourists to consider the price factor too much when choosing tourism products, ignoring the correct evaluation and judgment of the qualifications and abilities of those who provide tourism products, the safety of tourism products and the reliability of tourism environment. Ignore the necessary constraints on their own behavior and the necessary restrictions on the exercise of power, and ignore the necessary protection measures for their own interests to pass on the non-human risks in tourism activities.
The occurrence of this travel safety accident could have been avoided. This case is thought-provoking:
First, ensure the safety of tourism products, reduce until the unsafe factors are eliminated. The tourism products and services provided by the tourism industry should meet the national standards or industry standards. For the time being, there is no standard for insurance, which is in line with personal health and safety. For tourism products or services that may endanger the safety of tourists, it is necessary to make a true explanation and a clear warning to tourists and stipulate them in the contract. If it is found that there are serious defects in the tourist goods and services provided, even if the tourists use them correctly, they may still cause damage, so they should inform the tourists in time and take practical preventive measures.
the second is to carry out new special tourism activities, and adhere to safety first. In this case, the expansion and tourism carried out by the travel agency, through experience, designed interesting and exciting projects by using the natural environment such as mountains and rivers, so as to temper the will, cultivate sentiment, improve personality, smelt the harvest of the team, and carry out similar special tourism activities, which is very difficult in terms of risk and prevention, which requires the tourism operators to design their products.
Third, organize the unit's group tour. In the travel contract, it is necessary to specify the responsibility of organization and command in the travel process, and formulate a safety emergency plan according to the particularity of the project and activities. The receiving unit of the travel agency entrusts the organization of travel activities, and is a party to the travel contract, which bears reasonable responsibility for the personal safety of the group tourists. When signing the travel contract, it is necessary to clarify the division of organizational authority and responsibility in the travel process. To avoid the difficulty of sharing responsibility after an accident and increase the management cost for travel agencies, it is necessary to formulate an emergency plan for safety accidents according to the particularity of the activity environment, and to ensure the safety of tourism throughout the tourism activities.