after she died. After the grief « DavidCadogan.ca Forums

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after she died. After the grief

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Started 10 years ago by 9g0i6SdA4S

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 61-year old Mr. Zhang Jiangxi, travel organizations participated in Nanjing "Tarzan day tour", but, the next day itinerary sudden illness of sudden death in Mount alarmed. Mr. Zhang's children believe that travel agency services is ill father sudden death of incentives, they sued the court to require travel agents in total compensation for the loss of 23 million yuan. Yesterday morning, the case in Nanjing Xuanwu Court held a public hearing. Since the parties requested court after mediation, the case yesterday, the court did not make a ruling. Before the end of the trial, the judge identified the following main points: all the evidence shows that Mr. Zhang is a sudden death due to the disease itself; tour guide not accompany visitors climbing, for accidents occurring some responsibility; the defendant insurance company shall not be liable. ■ case playback Visitors sudden death Taishan Nantianmen Yesterday morning, reporters in the courtroom saw Zhang's son Zhang Chao, he introduced after the trouble. Chao is Taihe people, currently settled in Nanjing. Last year, before the National Day, to Nanjing to visit Mr. Zhang Chao. Chao know my father loves to travel, he decided to take his father out to play during the National Day. September 25, Chao tour with a travel agency in Nanjing signed a contract for himself and his father enrolled in the "Dongyue Taishan, Confucian and Cemetery of Confucius, the Confucius Temple, Temple day tour", two total 1680 yuan. All travel contract three days and two nights, Sept. 30 morning departure, Oct. 2 pm return. At 6:00 on September 30, Chao and his father in Nanjing Deji Plaza by travel agency transfer to the Shandong Taishan. That night, father and son travel arrangements at the hotel to rest. At 7:00 on October 1 and more tourists are accompanied by local guides, from the foot of Mount Tai World Square car to Zhongtian Gate, then climb Nantianmen by the Zhongtian Gate, which is the first leg of their trip. Chao said that the day Tarzan tourists particularly large, they spent a long time waiting for the bus, queuing to buy tickets. 9:00, Chao accompanied his father to climb from the day the door to the South Gate. About 2 hours to climb, his father suddenly collapsed on the roadside, Chao terrified help other guests called the Tarzan managers. More than 20 minutes later, a Red Cross physician mountain rescue station rushed to the scene, this time Mr. Zhang is no longer breathing and heartbeat. Chao then asked people to carry down his father, sent Taishan City, a hospital, but doctors said after viewing the old man had died. Guided incident is not around Chao said that when his father collapsed, the tour guide is not in the side. He was particularly helpless, but fortunately there are other tourists help. The scene was very chaotic, the doctor arrived at the scene when the father has to die. He then asked people to carry his father down to the Zhongtian Gate, only to see the guide. Originally, two guides accompany visitors did not board the South Gate, but remained in Zhongtian Gate waiting. Lift the circumstances of the incident, Chao angry. He said at the time there was no one travel agency to assist him in the side, what are his own treatment, he was unfamiliar, especially helpless. That night, when the family arrived, the father's body in the basement of the positive presence of the local hospital,http://www.jfrhdhzpgs.com/news/html/?3393.html, the scene is very bleak. The travel agency next day, October 2 was to come. October 3,http://cloud2buy.com/forum.php?mod=viewthread&tid=185892, his father's remains cremated in the local travel agencies to advance a part of the cost. Families claims more than 230,http://www.rongorg.com/bbs/forum.php?mod=viewthread&tid=13583,000 yuan He returned to Nanjing after the issue of compensation with the travel agency Chao many consultations, travel agents believe that Mr. Zhang is a disease caused by the sudden death of their own, not the responsibility of the travel agency, should bear responsibility. Chao told reporters that he had asked the travel agency refund travel expenses, the other party to the "Tourism has occurred" as an excuse refused. After unsuccessful negotiations, December 15, 2008, Chao and his family would both travel agents and an insurance company to court. Two travel company responsible for signing, another for the tour, including a travel insurance company has also been named as defendants. Chao believes that travel agencies organize chaos, there are many defects service. For example, the air-conditioned car air conditioning commitments did not open, resulting in abnormal hot car; this is a good afternoon of September 30 visit to Temple, but tamper travel itineraries, resulting in long waiting passengers in the car; pulling in Den 1460 meters high Not for the elderly be dangerous in high altitude travel when necessary to inform alarmed. Let Chao most dissatisfied point is not accompanied by tourist guides Nantianmen board. Chao said that after his father collapsed, his first reaction is called the tour, but the tour guide simply not around when he went to pieces, out of panic, although later other guests called the doctor, but certainly delay treatment. "These are my father's sudden illness of incentives, but a direct result of my father's rescue after the accident are not reasonable." Chao believes that travel agents do not do to the security obligations within reasonable limits, the death of his father bears fault, it should be some liability. Insurance companies should also be jointly and severally liable. After weighing, Chao believes the three defendants should bear responsibility for 50% of total compensation for death should, funeral expenses,http://www.uraya.com, is dependent for living expenses, transportation costs, travel expenses of the economic losses totaling 23 million yuan. So, Mr. Zhang in the signing of the contract have not bought travel personal accident insurance? Chao this seemed very dazed. He said he did not know to participate in tourism can also buy insurance, then travel agents also did not remind him. It is understood that the risks of underwriting travel insurance generally have two, one is "travel agency liability insurance", travel agencies must be insured as required; the other is the "personal accident travel insurance" by visitors voluntary purchase. Some traveling with the group of visitors that as long as travel insurance tourism liability insurance, no matter what problems can find insurance companies. Reporters learned after consulting professionals, while traveling the face of unforeseen circumstances, travel agencies only partly responsible, because tourism liability insurance is to provide travel insurance must be insured, it is only required to travel due to negligence or fault assume financial responsibility bill, while the accident occurred is not within my tourists coverage in. ■ focus of the trial Service is defective? The defendant's agent Zhang Chao statements of fact, there are many objections. Travel agents say, Chao pointed out a few service flaws do not exist. The agents admitted, coaches en route air conditioning really close for a while, to really change the landscape after the tour itinerary, but they are caused by force majeure. "September 30, suffered a high-speed coaches in Luning big traffic jam, when the destination is already 8:00 pm,http://www.sanhutouzi.com/home.php?mod=space&uid=111758, later than the estimated time of five hours. At this time, interest has been closed, the tour guide at the consent of everyone's consent The tour takes the case into the next afternoon, this is normal. In addition, the car at high speed blocking more than five hours, drivers of fuel-efficient, turn off the air conditioner it should be also necessary. Moreover, off the air conditioner and Mr. Zhang accident not on the same day, there can be no relationship between the two. " Another agents from the scientific point of view explains why the air conditioning off, she said, the vehicle line long stagnation, if not off the air conditioner,louboutin pas cher, fuel consumption will not only affect the trip, but also adversely gases endanger the safety of tourists inside the car. In order to prove that the service is not defective, travel agents also provide 17 copies of tourist satisfaction feedback form (the family unit), on these tables, Pingjiapogao tourists for their services. Travel agencies that most people's voice is real. What is the cause of death? Trial, the original defendant, the two sides on the causes of death were Zhang's heated debate. Zhang family, he said his father has been in good health, love to travel, each to travel all right, this is because the travel service has been poor, leading to his angry irritability, sudden illness until death, incentive travel agency services is ill. Travel agents is that the sudden death of Mr. Zhang is due to their own reasons, they come up with proof of a local police station, confirmed the incident that day, Chao had said, "My father has a history of heart ......" Surprisingly, Chao also took Tarzan Daiding police issued a certificate, without which the sentence above. Reporters noted that two proven time inconsistencies, time travel aspect of proof than proof Chao held a day earlier. Two identical units issued to prove why there is such a difference? Travel agents said Zhang family to see after the first required to prove "My father had a history of heart ......" sentence deleted, for the care of Zhang family sentiment, travel agencies immediately contact the police station, change proved. Thus, the first proof to better reflect the true situation. But Zhang family said that the reason to change,http://www.postyourblowjob.com, because the first one proved wrong. When the two sides debated, the judge read a survey record, the original, to the local court during the proceedings have been investigated,peuterey spaccio, the material provided by Tarzan Daiding police, the incident Chao did say that his father had a heart attack. Tour guides are not responsible? Guides in the incident is not around? Travel Agent no positive response, but noted that the whole group of 49 people, tourists mountain climbing fast or slow, guided only along with care, you can not stare at every visitor side. As Chao proposed tour he is not around, delayed treatment, the agents believe does not exist. "The local police station to prove the incident showed the doctor soon to site of the incident, described the tour guide is not will not delay treatment, in addition to the death of Mr. Zhang fainted 20 minutes, which is sudden death, not a professional tour guide, even in the side nor to him for treatment. " Have actively afterwards? Travel agents said the day of the incident, they rushed to the car overnight Tarzan, the next morning to find the deceased's family, on the one hand to appease them, on the other hand to help them deal with the follow-up issues, back and forth a total advance of 6290 yuan. According to travel agents believe that they have done everything possible, try to travel bounden duty, and therefore should not be held responsible. "For humanitarian point of view, we are ready to a full refund of travel expenses, after all, they only play on a project." The agents finally said. After the trial, Zhang Chao's wife said angrily, travel agencies did not they say "everything humanly possible." "October 1 evening, we arrived at Tarzan, my husband in a hospital doorway waiting for us, he was a man, no one around to accompany, looks particularly haggard, especially the poor. We later into the hospital and found my father's body swing In the basement, that scene, I still think it will be shedding tears. " Insurance can not get? Together to court yesterday also an insurance company, but the trial showed that Zhang family mistake rights object. The insurance company said the agent, travel agents in the company purchased travel agency liability insurance, which is set up for the insurance agency liability, only for travel due to negligence or fault of the required economic responsibility bill, generally by travel agents claim to the insurance company. Both from the point of view of insurance law or contract law, Chao and his family are not the insurance companies as defendants. They should claim directly to travel agencies, travel agencies and then choose whether claims to insurance companies under the circumstances. Judge support the defense of the insurance company in a subsequent opinion the summary trial. Our reporter Chen Shanshan correspondent mysterious law ● News Links Travel three typical lawsuit Keywords · play accident Beijing residents Qian Xi nine people and a travel agency signed a contract of domestic tourism groups, go Fengning prairie, and Sun Xiao Qian Xi carpool a meadow motorcycle play. At this time,http://www.yiduren.net/home.php?mod=space&uid=15860&do=blog&quickforward=1&id=134640, Xu Bing, a large common truck driving in the same direction beyond the front-wheel drive grass Sun Xiao motorcycle accidents, resulting in death Xiao Sun, Qian Xi injured, and later died. Qian Xi parents will travel to court. Court that the defendant should provide travel services for Qian Xi, and sent personnel qualified guides, to ensure the safety of tourists during the tour. After investigation, the defendant sent no qualified staff to accompany the visitors guide,air max pas cher, entirely security obligations, not safety tips for tourists, nor the presence of accompanying persons in the incident, resulting Qian Xi fatal accidents occurred while playing, the defendant fails contractual obligations, should be liable for the economic losses arising therefrom. Court in this travel contract dispute verdict: the defendant to compensate the plaintiff money Fu Zhen, ZHANG Xiu-rong medical expenses, compensation for death, was dependent for living expenses and a total of 97.6 million yuan. Keywords · Accident Wang Jie (a pseudonym) enrolled in the tour group organized by a travel agency, the tour rides a tourism car company in Yunnan bus on the way back from the Shangri-La to Lijiang, because the vehicle lost control and collided with the mountain, including Wang Jie, including 3 people were killed and 23 people were injured, the bus driver bear full responsibility for the accident. After the accident, the traffic control department presided over by the local mediation agreement tourism Motor Company and Wang Jie parents to pay funeral expenses, death compensation, incident handling personnel lost wages, transportation fees, the total cost of 342,230 yuan. Since then, Wang Jie parents again as the plaintiff filed suit to court, requiring the defendant to travel agents travel costs 3540 yuan refund, ask travel agents and tourism Motor Company Common compensation for moral damages solatium 150,000 yuan. Beijing Intermediate Court of Final Appeal ruling that: personal injury case is based on the occurrence of road accidents, so the plaintiff no right to ask the defendant to bear the corresponding Tort Liability travel, tourism Motor Company as contracting units of the vehicle, shall bear civil liability tort. Final judgment tourism Motor Company plaintiff compensation for moral damages solatium 50,000 yuan. In addition, although the Department of tort case, different legal relationship with the Tourism Department contract, but the defendant agreed to return part of the travel fare,woolrich outlet, so the court did not interfere, then the judgment return travel fare. Keywords Insurance payments Tourists on the way accidental death, because not agreed travel insurance and travel insurance, in case the insurance company can not claim the travel agencies that bear any responsibility? In October 2000, he went to Shenyang, a travel agency launched "Malaysia, Singapore, Thailand eight days seven nights luxury tour" project,moncler outlet online, the whole offer 7,500 yuan / person. For filial piety, Shenyang Liu spent 15,000 yuan to the public after the parents sign up, Liu's parents successfully outbound tourism. Trip, Liu's mother a heart attack, after she died. After the grief, Liu suddenly remembered his mother and travel insurance, so the insurance company claims. Insurance companies have informed the travel agency did not give Paul Liu's mother died of acute insurance, Ryu can not get the insurance company claims. Court of First Instance held that travel agencies organize group travel, must apply for travel accident insurance (including acute death) for tourists. Liu mother has delivered a travel agency travel expenses,http://www.laizhai8.com/DiscuzX32/forum.php?mod=viewthread&tid=1429666, which includes travel accident insurance premiums, but not for her travel agency before traveling to buy insurance provisions, just buy the "Group Travel Security Insurance." The insurance is not included in "acute death" insurance compensation, resulting in acute onset of Liu after her mother's death, did not get insurance payments. There is no fault, travel agencies, compensable. Court verdict Liu 225,000 yuan compensation for travel. WASHINGTON - 

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