The Research On Security Obligations Of Self-help Tour Organizers

With the development of China's social economy,people's living standards have improved significantly,and tourism has become an essential way of entertainment in people's lives.Due to the influence of foreign backpackers' pursuit of freedom and closeness to nature,as well as the popularization of family cars in China and the development of e-commerce,traditional group tours have been unable to meet the individual needs of travel enthusiasts,and self-help travel has emerged.The so-called self-help tour,that is,without the constraints of travel agencies and tour guides,the activity members themselves choose the activity method,plan the activity route,and determine the activity time.The biggest feature of the self-guided tour is its full autonomy,which brings a richer experience to the members of the event,but also brings greater danger.Members of self-guided tour activities often prefer to choose items with certain difficulties and dangers to improve the fun.Without professional guides,the safety of the event depends on the rich travel experience of the members.However,in reality,the threshold for self-help travel is relatively low.As long as the promoter is enthusiastic and can call a certain number of participants through the Internet or other platforms,this activity can be launched.The safety awareness of the members of the event is insufficient,the lack of travel experience,and the lack of rescue capabilities lead to increased risk of the event.Secondly,because the history of self-help travel in China is not long,the relevant tourism departments mainly focus on the management of travel agencies and tourism websites and ignore the effective supervision of self-service travel activities,which further increases the risk of self-service travel.Therefore,with the prosperity and development of self-help travel,the increasing number of self-service tour accident liability disputes has become a legal issue that cannot be ignored by society.At present,China has relatively few laws and regulations on self-service travel,and more is to pursue damages liability from the perspective of the "Contract Law" and "Tort Liability Law" after an accident.The current academic circles do not have a unified understanding of the nature of self-help travel activities,leading some scholars to ask the parties to bear the liability for breach of contract from the perspective of the tourism contract,and some scholars use Article 37 of the Tort Liability Law or Interpretation of Personal Damage Compensation "Article 6 of the security guarantee obligations to investigate the infringer's responsibility.However,from the perspective of self-help travel,the organizer does not aim to make a profit,and has no intention of being bound by law in the process,and members do not need to bear legal responsibility for withdrawing from the activity.Therefore,the organizer summons information on the network and It is not an invitation,and the two parties have not formed a contractual relationship.After the participants suffered damage,it is inappropriate to apply the relevant provisions of the Contract Law to investigate the organizer 's liability for breach of contract.Therefore,this article discusses the responsibility of self-help tour organizers in self-service tour disputes with the safety guarantee obligations of self-service tour organizers as an entry point.The primary issue in resolving liability disputes for self-guided travel accidents is to clarify the legal nature of self-guided travel activities and the legal relationship between organizers and other participants.Through the comparative analysis of the "contract behavior theory" and the "friendship behavior theory",the attributes of the self-help tour activities' friendship behavior are clarified.Under this kind of friendship,determine the organizer's security guarantee obligations.Article 37 of the Tort Liability Law stipulates the safety guarantee obligations of mass event organizers,but the number of self-guided tour activities is small,and the organizers do not have the ability to control the event venue,which obviously does not meet the standards of mass event.Therefore,this article is to sort out the development of German security communication attention obligations,and to explore the connotation of security assurance obligations,starting from "other social activities" in Article 6 of the "Interpretation of Personal Damage Compensation",based on the legal basis of the security assurance obligations,to clarify the security assurance obligations origin of.In-depth discussion of the specific content of the safety assurance obligations of self-service tour organizers and the identification of responsibilities for violations of safety assurance obligations.Taking the time of the accident as the dimension,it discusses the precautionary risk prevention obligation,warning obligation,the risk investigation and elimination obligation in the event,and the timely rescue obligation after the accident.When determining the responsibility of the organizer,it mainly starts from the principles of attribution,judging criteria within a reasonable range,constituent elements,and exemptions.Reasonably determine the principle of liability in self-help travel disputes based on the proof-proving capabilities of both parties and the characteristics of self-guided tour activities;propose to determine the reasonable scope of the organizer 's security obligations based on the criteria of “rational person” and predictability;The scope of rights protected by the safety and security obligations;analysis of the rationality and specific situation of self-sufficiency adventure in self-help travel activities.According to the different natures of the accident,the analysis of the main body of tort liability and the scope of liability in the three situations of direct damage caused by the organizer,damage caused by natural disasters,and damage caused by the behavior of third parties.The author hopes that the research in this article will be beneficial to the development and improvement of self-help travel activities and the protection of the personal safety of participants.