How to deal with a traffic accident when a tour guide leads a group?

The specific analysis of the handling of car accidents in group tours is as follows:

1. Generally speaking, there is a traffic accident with a group tour. On the one hand, there is a travel contract relationship between tourists and travel agencies, and they can claim compensation from the travel agencies. After the travel agency bears the liability for compensation, it can recover from the infringer;

2. You can also directly claim infringement from the infringer of motor vehicle traffic accident and the insurance company insured by the infringed;

3. If you bring a lawsuit to the court, you can sue different subjects according to different legal relationships, and tourists can choose the most favorable way to bring a lawsuit.

First, how to claim for scenic spot injuries?

How to claim for scenic spot injuries depends on the situation, as follows:

1. If it is a liability accident caused by the scenic spot's failure to fulfill its security obligations, the scenic spot shall be liable for damages;

2. If it is caused by other third parties, the infringing third party shall bear the responsibility;

3. If it is a mixed liability accident, it is necessary to determine the share of responsibility according to the responsibilities of all parties, and the amount of compensation is the loss suffered by the infringed.

First, the ways to resolve disputes between tourists and tour operators are as follows:

1. Both parties shall negotiate;

2. Apply for mediation to consumers' associations, tourist complaint acceptance agencies or relevant mediation organizations;

3. According to the arbitration agreement reached with the tour operators, apply to the arbitration institution for arbitration;

4. Bring a lawsuit to the people's court.

Two, tourists can seek the following legal rights protection:

1. The travel agency fails to perform the contract or agreement;

2. The travel agency fails to provide tourist services with consistent quality and price, or fails to meet the service quality standards agreed in the contract due to the fault of the travel agency itself;

3, travel agency services did not meet the national standards or industry standards;

4. The operator intentionally or negligently causes the damage or loss of tourists' luggage;

5 operators intentionally or negligently cause personal and property damage to tourists;

6, the operator has fraud, damage the interests of tourists;

7. The tour guide asks for tips or kickbacks privately;

8. Other acts that damage the legitimate rights and interests of tourists may be reported to the first customs department.

Second, can tourists get mental compensation?

In the tour guide business, tourists usually sign a travel contract with the travel agency first to clarify the rights and obligations of both parties. Any party who breaches the contract will be liable for breach of contract. Liability for breach of contract refers to the agreement reached by both parties on the establishment, change and termination of civil relations through equal consultation. Any party who violates the contract shall bear the responsibility. At the same time, the people enjoy the personal rights and property rights endowed by the Constitution according to law, and if they are damaged by infringement, they should also be liable for damages.

Legal basis:

Tourism Law of the People's Republic of China

Article 71 The travel agency shall bear the responsibility for breach of contract due to the reasons of the land agency and the performance assistant; After the package travel agency assumes the responsibility, it can claim compensation from the land agency and the performance assistant.

If personal injury or property loss is caused to tourists due to the reasons of the land agency and the performance assistant, the tourists may ask the land agency and the performance assistant to bear the liability for compensation, or ask the travel agency to bear the liability for compensation; After the package travel agency assumes the responsibility, it can claim compensation from the land agency and the performance assistant. However, if a public transport operator causes personal injury or property loss to tourists, the public transport operator shall be liable for compensation according to law, and the travel agency shall assist tourists to recover from the public transport operator.