What is the difference between travel agencies and self-guided tours in the division of responsibilities when accidents occur?

What is the difference in the division of responsibilities between travel agencies and self-guided tours?

What you are asking about is the division of responsibilities between group tours and independent tours, right? First of all, there are only travel agencies in China that are qualified to book itineraries, which are divided into international and domestic, and international ones are also divided into regional routes, etc. Under the premise that all qualifications are legal, the travel agency team and independent travel products are all about the information contained in the products. Responsible for the project.

We enumerate the following situations to explain:

For example, the simplest independent travel is air ticket + hotel booking service. At this time, the travel agency’s responsibility is only whether the flight is booked and whether the hotel is available. Book the room type until the date the guest needs, and that's it. The travel agency needs to issue a valid proof of successful booking. A common situation encountered is that flights are delayed or even cancelled. This is a situation where passengers usually seek trouble from travel agencies. This idea is wrong. Of course, travel agencies are obliged to help guests, but they are not liable for compensation, because travel agencies cannot be greedy for cheap when purchasing. Booked knowing the flight might be delayed or cancelled. Therefore, the airline is solely responsible (of course, it depends on the aviation compensation regulations). If the hotel cannot be checked in or the room is full due to the wrong name, etc., then the travel agency is solely responsible and needs to help the guest solve the problem until the guest is satisfied.

Some self-guided tours also include transfers between airports and hotels. That is, whether the guest arrives on time or late, if there is no one to pick him up at the airport, it is the travel agency's responsibility.

The independent travel category mainly depends on what you include, what you have booked with a travel agency, and what the travel agency's scope of responsibility is. The exception is air tickets. Delays, delays and cancellations are mainly the responsibility of the airline.

The team’s words are also easy to understand. All the contract contents are fulfilled, except that there are 3 more meals, cars, tour guides, attraction tickets, etc. than those for independent travel. These will be clearly written in the contract, which is somewhat detailed Even the dishes of the meal and the model of the car will be written down. If the actual situation is inconsistent with the actual situation, the guest can ask for a corresponding explanation and compensation. If the flight is delayed or there is a problem with the accommodation, the tour leader or tour guide will coordinate it.

Now let’s talk about accidents. It is very important whether the accident case is pending with the travel agency. In many cases, there is a problem with the round-trip flight. This is the responsibility of the insurance company and the airline. If the car in the itinerary is included in the reservation, For example, if a bus has a traffic accident, it is the responsibility of the travel agency. But if an accident occurs when a guest rents a car, the insurance company will be responsible, and the travel agency will help coordinate (provided you have bought insurance). Generally, accidents that occur mainly rely on insurance. , such as being bitten by a fish while snorkeling, or suffering from fractures or falls caused by various sports. Guests must first pay for the medical expenses incurred overseas or in another place, keep all valid documents, and then return based on the insurance compensation they originally purchased. Standard claims.

Everyone asks the insurance company for compensation. The only difference is that when a guest gets into an accident while enjoying the services provided by the travel agency, the travel agency will compensate the guest, and the travel agency will then ask the insurance company for compensation. If an accident occurs while the guest is visiting the destination, it is the guest's responsibility to make a claim with the insurance company. Of course, the travel agency is obliged to provide assistance to the tourist.

If you have other questions, please ask. I will add that after the travel agency signs a contract with the tourists and is reminded by the tour guide, is the travel agency responsible for the accident if the tourist has an accident?

Doesn’t the travel agency buy insurance for tourists? . The insurance company will accompany you, but the travel agency should fulfill its obligation to inform you. What are the differences in determining liability for accidents involving vehicle skidding on icy and snowy roads?

There is no difference.

How to drive a vehicle on icy and snowy roads is an essential skill for drivers in this area. If you are not sure, don’t get on the road. How to divide the responsibilities of pedestrians and motor vehicles in accidents

Based on the principle of the strong protecting the weak, if the pedestrian is the at-fault party, although the motor vehicle is not at fault, the motor vehicle still has to bear secondary liability! Therefore, as a pedestrian, you must be conscious and avoid harming others and yourself. What should I do if an accident occurs while enjoying the car? What’s so tricky about the division of responsibilities

The traffic police allocate responsibilities according to the same traffic plan for any vehicle. Absolutely If you don't see a special car, you will have to make other rules.

If an accident occurs due to the fault of the driver while traveling, is the travel agency responsible?

First of all, it is necessary to determine whether the unit is at fault when borrowing the car, such as if the driver does not have a driving license or is under the influence of alcohol Lend the driver a car. If not, then the driver should bear the liability! What is the difference between medical accidents and liability accidents

Medical accident liability

Medical accidents refer to the death, disability, or tissue damage of a patient that directly results from the negligence of medical staff in diagnosis, treatment and nursing work. The consequences of organ damage leading to dysfunction, etc. Accordingly, the components of medical malpractice liability include:

1. The subject is a medical institution and its medical staff;

2. Any illegal medical behavior is a violation of medical and health management laws and administrative regulations.

3. Subjective negligence;

4. Harmful results causing personal injury;

5. Medical treatment There is a causal relationship between the behavior and the patient's personal injury.

Non-medical malpractice liability

According to this definition, personal injury to patients caused by illegal practice of medicine, infringement of medical products, intentional acts, etc. by medical institutions and their medical staff does not constitute medical malpractice; or Even if there is negligence but no obvious personal injury has been caused to the patient, it does not constitute medical malpractice. Article 33 of the "Medical Accident Handling Regulations": Any of the following circumstances does not constitute a medical accident:

(1) Emergency medical measures are taken to save the life of a dying patient in an emergency and cause adverse effects Consequences;

(2) Medical accidents occur during medical activities due to abnormal conditions of patients or special constitutions of patients;

(3) Under existing medical science and technology conditions, Unforeseen or unpreventable adverse consequences occur;

(4) Adverse consequences due to no-fault blood transfusion infection;

(5) Adverse consequences caused by delays in diagnosis and treatment due to patient reasons ;

(6) Adverse consequences caused by force majeure.

Non-accident medical damages are mainly based on fault liability. In some special circumstances, the no-fault principle applies. It should be noted that Article 49 of the "Regulations on the Handling of Medical Accidents" stipulates: "If it does not constitute a medical accident, the medical institution shall not be liable for compensation." Because this provision is contrary to the provisions of the General Principles of Civil Law, it should be abolished according to law. . In practice, according to Article 4 of the Regulations and the "Classification Standards for Medical Accidents", during the process of diagnosis, treatment and care, if no obvious personal injury is caused to the patient due to the negligence of the medical institution and its medical staff, it does not constitute a medical accident. If the provisions of Article 49 of the Regulations are followed, medical institutions will not be liable for compensation. However, based on the analysis of the elements of fault liability, if a medical staff violates medical diagnosis and treatment regulations during diagnosis and treatment, even if no obvious personal injury is caused to the patient, the medical institution should still bear liability for compensation commensurate with its fault.

Although it does not constitute a medical accident, the existence of medical negligence cannot be absolutely ruled out. If there is a fault, you must bear the corresponding responsibility. That is to say, when the people's court hears cases of doctor-patient disputes, if it does not constitute a medical accident, but it can be determined after trial that the medical institution has a civil fault and meets the requirements for a civil tort, it should be based on the General Principles of the People's Republic of China and the Civil Law. "" and other laws on fault liability determine the civil liability that medical institutions should bear. Travel agencies, guests, and tourist attractions will be held responsible for accidents

A detailed analysis of the specific situation, if the travel agency, tour guide and tourist attractions have all given reminders, it may be a tripartite liability. What are the differences between the business models of Chinese and foreign travel agencies

One requires investment, and the other requires investment in management technology. Does an accident without a driving license have any impact on the division of responsibilities?

If it is just to carry a driving license, this has nothing to do with the division of accident responsibilities. Just get your driving license as soon as possible afterwards. But the traffic police will fine you and deduct points for not bringing your driving license. This has nothing to do with the division of accident liability. The driver is punished separately.

As for the division of responsibilities in traffic accidents, as long as we look at all the specific conditions of driving on the road, anyone who commits illegal acts must bear corresponding responsibilities, such as driving in the wrong direction, speeding, changing lanes at will, running red lights, etc. Should bear corresponding responsibilities.