Original title: 71 year old sudden death in group tour travel agency: going out to travel is to suffer
The old man died suddenly during the group tour. The travel agency shirked its responsibility and paid only 30000 yuan
4hw.com.cn: Ms. Wu, a 71 year old citizen of Nanjing, signed up to travel with the group to the grassland of Inner Mongolia. Her family never thought that Ms. Wu fell down unexpectedly on the fourth day of the tour.
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Exhausted grassland Tour
The old man fell down in three days on the grassland
On June 12 this year, 81 year old uncle Jiang and his wife, 71 year old Ms. Wu, signed up for the 6-day tour of Xilin Gol at Nanjing qukan Tianxia travel agency located at No. 5 songdelhi, with a total group fee of 7160 yuan. The tour lasted from July 4 to July 9, and the itinerary was Nanjing - Beijing - Zhangbei - Xilin Gol - Tianjin - Nanjing.
"Lei Shaobao, the head of the travel agency, told me that he would take his wife and his parents-in-law with the group. The quality of the group is guaranteed." Uncle Jiang said that Lei Shaobao is also the boss of Nanjing kangbile Biotechnology Co., Ltd., which mainly sells health products for the elderly. He has bought health products with Lei Shaobao for more than three years, so he trusts his recommendation.
Receipts for the two old people's trip
On July 4, the old man and the group took the 9:35 high-speed railway to Beijing. Lei Shaobao and his family were also in the group. 14: After arriving at Beijing South Railway Station in 2008, more than 50 tourists of the whole group were told to walk a section of the way to find a bus. It took more than 40 minutes. " Under the scorching sun, we carried our luggage and walked for more than 40 minutes before we got on the bus. On that day, Beijing was on a high temperature yellow alarm, with a maximum temperature of 38 ℃. " Uncle Jiang said that most of the regiments were over 60 years old, and everyone shouted. After getting on the bus, we took a bus for more than 4 hours to arrive at Taipusi Banner of Xilin Gol League.
In the next two days, the travel agency arranged trips such as the Xanadu site museum, Kublai Khan film and Television City, the no man's land in the hinterland of wurastai sandy land, the private ranch of the king of Mongolia, etc. After a few days of toil, coupled with the low temperature of the northern grassland, Ms. Wu gradually felt uncomfortable. She reluctantly followed the army, but it became more and more uncomfortable. " On the 6th, my wife didn't have the strength to play all day. Basically, she stayed on the bus to rest. The tourists all got off to play, and she was alone on the bus. In the evening, we live in yurts. There is no hot kettle in the room. We can't have a drink of hot water. " Uncle Jiang said he wanted to find a guide for hot water, but he couldn't get in touch without his mobile phone number. He asked several tourists in the same group and gave up.
On the morning of July 7, Ms. Wu felt unbearable pain. Accompanied by a guide in Nanjing, she went to Duolun County People's hospital. B-ultrasound showed a left renal cyst. The doctor suggested that she be transferred to a large hospital for further treatment. The nearest cities are Chengde, Zhangjiakou and Beijing. At 12:30 noon, uncle Jiang's son received a phone call from the travel agency for the first time. " She said she was a tour guide, surnamed Wang. Director Wang told me, & lsquo; Your mother can't cure here. Do you want to transfer to another hospital& rsquo;' Mr. Jiang was in a hurry and said to send people to Beijing, but Ms. Wang said that the money he brought was not enough and could not pay in advance. He asked him to pay 298.2 yuan for the treatment in Duolun and the ambulance fare to Beijing before sending people.
"I transferred 7100 yuan through wechat, and the ambulance didn't leave until more than 2 p.m." Mr. Jiang angrily said, shouldn't the tour guide send people to the hospital at the first time and waste time on accounting? At more than four o'clock that afternoon, the old man died on his way to the hospital.
Family questioned
Travel agencies are irresponsible
Didn't sign a contract with the old man
Only four days after going out, my usually strong mother died. Mr. Jiang and his family believe that the whole travel route and transportation mode are unreasonable and not suitable for the elderly, which makes the elderly too tired and induces diseases. In addition, the travel agency was irresponsible and did not sign a contract with the old man. The old man was ill and did not send him to hospital in time, resulting in missing the best rescue opportunity.
'My father is 81 and my mother is 71. There are more than 50 people in this regiment, most of them old people. " Mr. Jiang believes that for the elderly group, the travel schedule should be loose rather than tight, but the itinerary is too tight. On the first day of departure, after the elderly took the high-speed railway for nearly 5 hours, they also asked everyone to walk for more than 40 minutes in the hot sun to find a shuttle bus? Then take a bus for more than four hours to the grassland with low temperature, and the elderly can't afford it.
Mr. Jiang showed the delegation notice to the reporter. Article 10 of the precautions states that after understanding the precautions and requirements, tourists over the age of 60 should truthfully fill in the health confirmation. Children, the elderly over the age of 70 and pregnant tourists must be accompanied by family members or guardians throughout the journey.
"The grassland conditions are relatively difficult. Almost all team trips are in the grassland and no man's land. Once there is a problem, it is inconvenient to deal with it. Before taking the elderly to these special places, travel agencies do not let the elderly provide health certificates, remind them to buy travel accident insurance, or let their children know and accompany them. The most irritating thing is that the travel agency didn't even sign a formal contract with my parents. The old man didn't know what the contract was. " Mr. Jiang said that he found that the person in charge of the travel agency has been engaged in the business of health products for the elderly since 2001. At present, the staff of the travel agency are also employees of the health products company and have a lot of information about the elderly. " My father still hasn't picked up six boxes of mushroom treasure. He was promoted by them to visit the grassland on the 6th day when he bought health care products. "
Travel agency response
No responsibility in the incident
Only 30000 yuan can be compensated for the elderly
After his mother's death, Mr. Jiang and the travel agency, after several rounds of negotiation, the travel agency always believed that it was not responsible. On July 23, Lei Shaobao, the person in charge of the travel agency, took the initiative to contact Mr. Jiang to discuss compensation and entrusted a staff member of an insurance company surnamed Zhou to coordinate with him. The staff member said, 'in fact, traveling is to suffer. This time, the accident of the elderly was mainly caused by their own diseases. The travel agency can only say that there are defects, but it has no responsibility, so we can only compensate the elderly 30000 yuan from a humanitarian point of view. "
Lei Shaobao told reporters that this team is a 'mix and match' group of all ages. There are many old people in their 70s and 80s, but there are also middle-aged people. This mixed group is difficult to fully take care of the travel rhythm of the elderly in terms of bus time and tour time.
Why is it that the elderly are not required to provide relevant health certificates before leaving the group? " Now the profits from running travel agencies are too small. Can't we not accept the elderly? " Lei Shaobao said.
Why not sign a travel contract with the elderly? Lei Shaobao's words are contradictory, 'in fact, we have electronic contracts, but I'm afraid the elderly won't use them', 'we also have written contracts, which are signed on behalf of others' & hellip& hellip; When a reporter asked who signed on behalf of him? Is there an authorization from the old man? Does director Wang, who accompanied the elderly to the hospital, have the qualification of a regular tour guide? Lei Shaobao said nothing and stopped talking.
Complaint confusion
The travel agency asks someone to sign the contract
Consumer complaints are trapped in a 'dead cycle'
Mr. Jiang told reporters that on July 18, he called Nanjing Tourism complaint hotline 025-52260123 to complain that the old people's group organized by Tianxia travel agency had no contract and the route was unreasonable. The operator said, 'I can't handle it, because Nanjing fun watch world travel agency is not on our acceptance list. I suggest calling 12345 government hotline or 12315.'
'so which travel agencies are on the acceptance list? ' Mr. Jiang was confused. Recently, the reporter also called 025-52260123 twice and got the same answer, 'find 12345', and the operator didn't give a further and clearer explanation. On the afternoon of the 18th, Mr. Jiang called the 12345 government hotline. The staff replied that the business operation application and legal person of this travel agency should find a district level tourism complaint handling agency in Jiangbei new area, and quickly transfer the work order to the comprehensive administrative law enforcement corps of Jiangbei new area.
On July 25, the reporter contacted the comprehensive administrative law enforcement corps of Jiangbei new area. The staff responsible for handling tourism complaints replied that Mr. Jiang's complaints should be handled by two departments. First of all, they are in charge of complaining that travel agencies do not sign contracts. The staff member said that during the investigation, the travel agency provided a 12 person contract to the law enforcement team, which was uniformly signed by a 79 year old man surnamed Dai, but the travel agency failed to provide the authorization certificate. As for whether the contract is true and effective, it is still under investigation. Secondly, complain about the unreasonable itinerary and other issues. This is the category of tourism service quality. The complainant should find the competent department of the industry, such as Nanjing culture and Tourism Administration. It is best to call the National Tourism Administration Service Hotline 12301 directly.
With this reply, uncle Jiang was completely confused, 'my son called Nanjing Tourism complaint, but asked us to find 12345. 12345 let's contact Jiangbei new area, and Jiangbei new area asks us to find the hotline of the National Tourism Administration. If we call 12301, will we go back to Nanjing culture and Tourism Bureau again? "
Lawyer's statement
Travel agencies have higher obligations to the elderly
At present, China's population over the age of 60 exceeds 200 million, and 'silver hair Tour' has become a potential hot spot in the development of tourism market. But the 'pain points' are also becoming increasingly obvious, such as the health problems of the elderly during their journey, low-cost groups and the pitfalls of induced shopping.
In fact, as early as September 1, 2016, the specification for elderly tourism services of travel agencies (hereinafter referred to as the specification) issued by the National Tourism Administration was officially implemented. As a 'national standard' for tourism for the elderly, the code proposes:
The travel agency shall collect the detailed information of elderly tourists, including personal health status, personal communication mode and emergency contact information, and ask the elderly tourists to sign in person. The elderly tourists over 75 years old shall be signed by adult immediate family members and should be accompanied by adult family members;
The continuous tour time for the elderly should not exceed 3 hours, and the continuous bus ride time should not exceed 2 hours;
The pace of the whole tour should be slow. Charter flights, boats, special tourist trains and elderly tour groups with more than 100 people should be equipped with accompanying doctor services.
However, the code is a recommended industry standard and is not mandatory. For the 'national standard' of tourism for the elderly, some travel agencies believe that it is difficult to implement and have resistance. When some travel agencies receive the elderly, they are determined not to receive them beyond what age; Some travel agencies sign an exemption agreement before going out to get rid of their relationship.
"For special groups such as the elderly and children, travel agencies have a higher obligation to take special protective measures when traveling." The lawyer of Beijing Weiheng (Nanjing) law firm believes that as a tourism practitioner, he should have common sense and professional knowledge, take into account the basic diseases of the elderly and make a plan. In this regard, a tourism expert believes that the 'Tourism death of the elderly' incident should not be just a legal dispute. It should only explore what is right and wrong at the legal level, but also go out of the legal field and explore other issues.