Traditional Culture Encyclopedia - Tourist attractions - What should I do if I have an accident while traveling with a group?
What should I do if I have an accident while traveling with a group?
Second, tourists can directly claim tort compensation from the infringer of motor vehicle traffic accidents and the insurance company they insure.
Tourism traffic accidents are mainly divided into three situations: unilateral accidents of tourist vehicles, multiple accidents and traffic accidents between tourists and third-party vehicles.
1. In the event of a unilateral traffic accident, tourists can either claim tort compensation from the vehicle operator or choose to claim contractual liability from the travel agency first. Where a tourist claims liability for breach of contract from a travel agency, the travel agency may claim compensation from the owner or user of the tourist vehicle according to the road transport contract signed with the owner or user of the tourist vehicle after compensation. 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. 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 claim compensation from the public transport operator.
2. Many accidents happened on tourist vehicles. One is that the coach is not responsible and the other is that the coach is responsible.
3 tourists and third-party vehicles have traffic accidents, which shall be implemented according to the division of traffic accident responsibilities. If the tourists are not responsible, the car will pay for it. Tourists have corresponding responsibilities in traffic accidents, and the compulsory insurance of automobiles will be fully compensated within the insurance limit, and the rest will be borne according to the proportion of traffic accidents. It should be noted that tourists take full responsibility for traffic accidents.
Legal basis:
Article 71 of the Tourism Law of the People's Republic of China * * * In case of breach of contract due to the agency or the performance assistant, the package travel agency shall bear the responsibility; 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.
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