Traditional Culture Encyclopedia - Tourist attractions - Who should be held responsible for a traffic accident on a tour bus?
Who should be held responsible for a traffic accident on a tour bus?
Legal analysis: During the travel process, if personal injury occurs, the victim can demand the travel operator and other travel auxiliaries according to the travel contract, such as requiring the travel agency to bear liability for breach of contract. In addition, if the driver's improper operation while driving directly caused the traffic accident, the driver's transportation company can also be required to bear tort liability.
Legal basis: Article 1179 of the "People's Republic of China and Civil Code" Whoever infringes upon others and causes personal injury shall compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, Hospital food subsidy and other reasonable expenses for treatment and recovery, as well as reduced income due to missed work.
If disability is caused, the cost of assistive devices and disability compensation shall also be compensated; if death is caused, funeral expenses and death compensation shall also be compensated.
"Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Tourism Dispute Cases" Article 7 Tourism operators and tourism auxiliary service providers fail to fulfill their safety guarantee obligations and cause personal injury and property loss to tourists. If tourists request tourism operators or tourism auxiliary service providers to assume responsibility, the People's Court shall support it. The third party shall bear the liability for any personal injury or property loss caused by the actions of a third party; if the tourism operator or tourism auxiliary service provider fails to fulfill its safety guarantee obligations and the tourist requests it to assume corresponding supplementary liability, the people's court shall support.
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