Traditional Culture Encyclopedia - Tourist attractions - Is the travel company responsible for the bus accident?

Is the travel company responsible for the bus accident?

Whether the travel company should be responsible for the bus accident depends on the situation.

Details are as follows:

1. The traffic accident on the tourist bus is caused by the failure of the tourist bus to fulfill its safety guarantee obligations, and the operating company to which the bus belongs shall bear the responsibility;

2. If the accident is caused by a third party (such as vehicle collision), the third party shall bear the responsibility. It should be noted that if the tourist bus buys accident insurance or third party liability insurance for passengers, it can seek compensation from the insurance company.

Tourist bus accident handling process:

1. Vehicles involved in traffic accidents must stop immediately, and the parties concerned must protect the scene, rescue the injured and property (please indicate the location when moving) and immediately call "122" for alarm handling;

2. After receiving the report, the public security traffic police department sent personnel to the scene to rescue the injured and property, carry out investigation and evidence collection, and restore traffic;

3, after on-site investigation, does not belong to the road traffic accident, the public security traffic management department to make a conclusion of non road traffic accidents served on the parties, the parties may bring a civil lawsuit to the people's court; If it is a road traffic accident, the public security traffic management department shall file an investigation;

4, the public security traffic management department according to the need, the traffic accident vehicles, articles, bodies, the physical and mental state of the parties and the relevant road conditions for inspection or identification;

5. The traffic administrative department of public security shall notify the family of the deceased to handle funeral matters within 10 days from the date of the accident, and notify the parties and their units or motor vehicle owners to prepay the medical expenses for rescuing the injured and the accident liability deposit. No, temporarily detain the vehicle until the accident is handled;

6, the public security traffic management department to find out the cause of the accident, make the accident responsibility according to law. If a party refuses to accept the determination of the responsibility for traffic accidents, he may apply to the legal department of the detachment for re-determination within 15 days after receiving the confirmation of responsibility; The legal department of the detachment shall make a new determination within 30 days after acceptance. The re-determination of traffic accident responsibility is final.

To sum up, if a tourist bus has a traffic accident and the travel agency and the driver fail to fulfill their security obligations, they should bear the responsibility. If a traffic accident is caused by the behavior of a third person, the third person shall bear the responsibility. Travel agencies and drivers who fail to fulfill their security obligations can bear corresponding supplementary responsibilities.

Legal basis:

"Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Tourism Dispute Cases" Article 7.

The people's court shall support the failure of tourism operators and tourism auxiliary service providers to fulfill their security obligations, causing personal injuries and property losses to tourists, and tourists request the tourism operators and tourism auxiliary service providers to bear the responsibility.

If personal injury or property loss is caused by the behavior of a third person, the third person shall bear the responsibility; The people's court shall support tourism operators and tourism auxiliary service providers who fail to fulfill their security obligations and tourists request them to assume corresponding supplementary responsibilities.