Top court urges tourists to respect, stay safe at scenic areas

If tourists enter non-scenic areas without permission and cause damage, and the scenic spot has done its best to take safety measures, the tourists should be responsible for the damage, China's top court said.

The reminder was made by the Supreme People's Court on Monday, ahead of the National Day holiday. With details of five cases to show judicial efforts to protect legitimate rights of tourists, the top court also urged them to enhance safety awareness.

On Aug 20, 2022, for instance, a man surnamed Jiang went to Jiangshan, Zhejiang province, took his family alongside a river to go river tracing, but they did not get tickets of that scenic area.

Jiang's wife, whose surname is Xu, fell off the cliff and died during the river tracing, and the place of the fall was not included in the scope of the scenic tour route.

The family initiated a lawsuit, claiming that Xu's death was attributed to the scenic spot's poor management, perennial disrepair of facilities and the absence of warning signs.

But after an investigation, the People's Court in Jiangshan ruled in favor of the scenic spot, saying that the place where Xu fell to death was located in a dangerous and inaccessible part of the valley, with no passable roads or wild roads, and far from the normal range of sightseeing in the scenic spot.

In addition, the court said that the family entered the scenic area without buying tickets, meaning that they did not sign a tourism service contract with the company operating and managing the scenic spot.

"River tracing is an outdoor activity with high risk, so participants should fully understand, anticipate and control the risks," it added.

The top court supported the ruling, noting that it is conducive to enhancing the public's safety awareness and guiding them to strictly abide by tourism regulations.

"While some outdoor sports, such as rafting, river tracing and pool jumping, have become popular among people in recent years, their risks have also brought tragedies to tourists without adequate preparation and safety measures," it said, suggesting every tourist promote self-protection awareness and be responsible for their own safety.

Considering many scenic spots have set up high-risk projects to attract tourists, the top court also reminded those operating the scenic areas to tighten the management and provide more safety measures for visitors.

"If tourists participating in the projects are injured, but through no obvious fault of their own, the scenic spots should bear the legal responsibility," it added.