Traditional Culture Encyclopedia - Tourist attractions - Traveling with a tour group to Taiwan Province Province, he suddenly suffered a cerebral hemorrhage and stroke after arriving in Taiwan Province. Is the travel agency or insurance company liable for c
Traveling with a tour group to Taiwan Province Province, he suddenly suffered a cerebral hemorrhage and stroke after arriving in Taiwan Province. Is the travel agency or insurance company liable for c
The Measures for the Administration of Travel Agency Liability Insurance (implemented on February 65, 1965, 438+065, 438+0) stipulates in Article 2 of Chapter 1 that travel agencies established in People's Republic of China (PRC) according to law shall handle travel agency liability insurance in accordance with the Regulations on Travel Agencies and these Measures. The term "travel agency liability insurance" as mentioned in these Measures refers to the insurance whose subject matter is the compensation liability that the travel agency should bear for tourists and the tour guides or tour leaders appointed to provide services for tourists according to law.
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Chapter II, Article 4 stipulates that the insurance liability of travel agency liability insurance shall include the personal injury and death liability of tourists and the personal injury and death liability of tour guides or tour leaders appointed by travel agencies to provide services for tourists.
Specifically, it includes the following situations:
(a) due to the fault or fault of the travel agency shall be liable for compensation;
(2) The travel agency shall be liable for compensation due to accidents;
(3) Other circumstances stipulated by the National Tourism Administration in conjunction with the China Insurance Regulatory Commission (hereinafter referred to as the China Insurance Regulatory Commission).
Chapter III Article 18 stipulates that the limit of liability can be determined by the travel agency through consultation with the insurance company according to the business scope, business scale, risk control ability, local economic and social development level and the travel agency's own needs, but the limit of liability for personal injury and death per person shall not be less than RMB 200,000. It is not an accident that the relatives of the subjects get sick during the trip, but more diseases caused by personal discomfort. The specific cause is overwork or cold weather, or other reasons. Maybe the diagnostician can only make a rough inference. Usually, this situation is not attributed to the fault of the travel agency.
You can contact the travel agency to see if they are willing to communicate with the insurance company about compensation for travel liability insurance. Of course, it also depends on how the specific terms of travel liability insurance insured by travel agencies in insurance companies are stipulated. It may be difficult to compensate only for accidental injuries and accidental medical treatment, because if it is not insurance liability, the compensation can only be borne by the travel agency itself.
Whether the problem is caused by the fault or fault of the travel agency can only be arbitrated by legal means.
Finally, add a digression: when traveling abroad, especially with parents and children, it is best to buy a travel insurance. Insurance liability includes accidental death/accidental disability/accidental medical treatment/sudden illness/emergency rescue, etc. Only by relying on travel agency liability insurance can we be better responsible for ourselves and our families. After all, self-help travel is becoming more and more popular.
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