[Direct answer]Generally, the ropeway operator is responsible for this. When tourists purchase tickets to ride the ropeway, a passenger and service contract relationship is formed between them and the operator. The operator is also the manager of the operating site. According to Article 1198 of the Civil Code of the People's Republic of China and related provisions, the operator has the obligation to ensure safety and provide timely assistance. If the ropeway is suspended or delayed due to equipment failure, improper maintenance, or management negligence, and tourists are injured or suffer damage during this process, the operator may bear compensation liability according to breach of contract or infringement; the exemption of liability due to force majeure and other circumstances shall be determined separately. If the tourists themselves are at fault, their liability may be correspondingly reduced.

I. Problem Background and Typical Scenarios

The scenic area's cable car suddenly stopped operating due to a malfunction, leaving tourists stranded in the gondolas for a long time. They suffered from heat stroke, panic, falls, or injuries during the rescue process, which even led to subsequent losses. After the incident, the operators and the scenic area management each gave different versions of the events, leaving tourists unsure of who to claim against or what responsibilities to pursue. Clarifying the two legal paths—contractual liability and tort liability—is a prerequisite for protecting their rights.

II. Key points of dispute

First, the identification of the responsible parties of the ropeway operator and the scenic area management authority. Second, the choice between breach of contract liability and tort liability. Third, the grounds for exemption from liability and the apportionment of fault. Fourth, the scope of compensation for stranding and injury losses.

III. Professional analysis by Henglue Law Firm

Firstly, the subject of liability: The operating unit of the cableway is responsible for the safe operation of the cableway, equipment maintenance, and emergency response, and is the main subject of liability. If the management of the scenic area is at fault in terms of facility provision, staffing, or unified management, it shall bear corresponding responsibilities according to law. Tourists usually form a service contract relationship with the operator or the scenic ticket seller. Secondly, the choice of liability path: In terms of contractual liability, if the operator fails to provide safe and normal services as agreed, tourists may claim breach of contract liability according to the Contract Chapter of the Civil Code, including ticket refunds and compensation for losses caused by stranding and injuries. In terms of tort liability, if the operator, as the manager of the business premises, fails to fulfill its obligation of ensuring safety and causes damage, it shall bear tort liability according to Article 1198 of the Civil Code. The two can be chosen preferentially or based on specific damages. In practice, when breach of contract and tort overlap, the victim may choose either one. Thirdly, exemption from liability and fault: If the suspension of operation is caused by force majeure (such as severe weather, earthquakes, etc.) and the operator has fulfilled its reasonable disposal obligations, it may be partially or fully exempt from liability. However, improper equipment maintenance, lack of emergency plans, and delayed rescue constitute its own fault, and it cannot evade responsibility by claiming "unforeseen circumstances". If tourists are injured due to disobeying instructions or taking unauthorized actions, the operator's liability may be reduced. Fourthly, scope of compensation and evidence: Medical expenses, loss of income, nursing care expenses, transportation expenses, necessary follow-up treatment expenses, and, if serious mental damage is caused, compensation for mental distress may also be claimed. Reasonable losses during stranding may also be claimed. Evidence includes ticket and consumption receipts, on-site footage, proof of stranding duration, and medical and appraisal materials. For cases involving tourism and personal injury compensation, reference may be made to relevant provisions.Personal injury and medical disputesThe approach to handling plate disputes; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

IV. Practical suggestions and legal basis

The first step is to ensure safety after being stranded or injured, cooperate with rescue efforts, and seek medical treatment promptly to preserve evidence. The second step is to keep ticket and consumption receipts, on-site videos, and records of communication and rescue efforts. The third step is to claim compensation from the operator and, if unsuccessful, file a complaint with the cultural and tourism authorities or market supervision departments. The fourth step is to sue if necessary, claim compensation for breach of contract or infringement, and apply for relevant appraisals. Main legal basis: Articles 577, 1165, 1179, and 1198 of the Civil Code of the People's Republic of China; the provisions on safety guarantees for tourism operators in the Tourism Law of the People's Republic of China; and the provisions on the safety management of equipment such as cableways in the Special Equipment Safety Law. Specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Three key points regarding cable car accidents: The operator is the main responsible party, and equipment maintenance and emergency response are the focus of the review; Violation of contract and infringement of rights are two options, and the party should choose the claim that is more favorable to itself; Force majeure may exempt liability, but management negligence and delayed rescue cannot be attributed to accidents. For cases involving tourism and personal injury compensation, the parties concerned can proceed through legal channels to seek compensation.Personal injury and medical disputesObtain a comprehensive solution for the service, integrating the disputes over tourism contractsBusiness and contract disputes in enterprisesA reference for the execution of compensation involving plate tectonicsCreditor's rights and debts, and enforcementColumns, consultation on difficult casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Who should I claim compensation from if I get injured while the cable car is out of service?

Generally, you can file a claim with the cable car operator. If the scenic area management has any faults in terms of facilities or management, they should bear corresponding responsibilities. You can also assert your rights through contractual or infringement channels.

Q2: Can I claim compensation if I'm just stranded but not injured?

You can claim reasonable losses caused by the delay, such as refunds and direct losses caused by missed deadlines. Compensation for mental distress usually requires serious mental harm as a prerequisite.

Q3: Can the operator exempt themselves from liability due to weather conditions?

If it is truly an act of force majeure and the party has fulfilled its reasonable obligations of disposal and rescue, it may be partially or fully exempted from liability; however, it cannot be exempted from liability for its own faults such as improper equipment maintenance and lack of emergency response measures.

Q4: Which items are covered by the insurance?

It includes medical expenses, loss of income, nursing care expenses, transportation costs, and follow-up treatment costs. For those who have suffered from disabilities, they can claim disability compensation. For those who have suffered from severe mental harm, they can also claim compensation for mental distress.

Q5: What procedures should be followed to protect one's rights?

First, seek medical treatment and obtain a certificate, then negotiate with the operator. If no agreement can be reached, file a complaint with the cultural and tourism authorities or the market supervision department. If there is still no resolution, initiate legal proceedings and apply for an appraisal.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limit.Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.