This set of cases involves common tourism disputes, such as health rights disputes caused by wild animal attacks and disputes over tourism operators’ failure to fulfill their safety protection duties.
For instance, in Case No. 1, “Zhang v. Mount Emei Management Committee”, visitor Zhang was scratched by monkeys while visiting Mount Emei Scenic Area in Sichuan province, as he ignored safety warnings to keep a safe distance from the animals and entered a monkey gathering area. After receiving first aid from the Mount Emei Management Committee, Zhang contacted the Sichuan Mount Emei Court’s tourism dispute hotline and demanded compensation from the committee. The court arrived on the scene and mediated between the parties.
The court held that, under Chinese law, operators and managers of public places are required to ensure safety within a reasonable scope. Considering that the scenic area manager did not fully meet its safety obligations and that Zhang did not fully fulfill the corresponding duty of care, and given that Zhang only needed vaccination and did not have a disability subject to certain statutory grade, the court ordered the Mount Emei Management Committee to compensate Zhang CNY 1,000 for the vaccination costs.
Photo by Markus Winkler on Unsplash
Contributors: CJO Staff Contributors Team
