Our company accidentally sprained its ankle while traveling. After going to the hospital, I said I needed an operation. The travel agency said I was insured. How much can I insure it?

Ms. Wu participated in a group tour organized by a travel agency. Before leaving, the salesman of the travel agency told her that the travel agency had insured her and let her feel at ease to join the tour group. Ms. Wu accidentally sprained her ankle during the trip and asked the travel agency to pay the insurance money during the treatment. The tour guide told her that the travel agency had taken out liability insurance. Ms. Wu was injured because she was careless, which was an accident and was not covered by liability insurance. Ms. Wu complained to the tourism authorities and asked the travel agency to bear the medical expenses. The tourism authorities accepted the tourism complaints.

I. Legal provisions

1. Article 61 of the Tourism Law stipulates that travel agencies shall prompt tourists who participate in group tours to apply for personal accident insurance in accordance with the regulations.

2. Article 2 of the Measures for the Administration of Travel Agency Liability Insurance stipulates 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.

Second, the case analysis

(A) the classification of travel insurance

At present, there are two kinds of travel insurance related to group travel of travel agencies in China, namely, travel agency liability insurance and travel accident insurance. These two kinds of insurance have different meanings to travel agencies and tourists, and protect the rights and interests of travel agencies and tourists from different aspects. Travel agency liability insurance is compulsory insurance, which is purchased by travel agencies, while travel accident insurance is arbitrary insurance, which is purchased by tourists themselves. Of course, in addition, tourists can also choose other types of personal and property injury insurance according to their own needs. In practice, travel agencies often reach an agreement with insurance companies to package travel agency liability insurance and travel accident insurance and buy them together; Another way is to buy comprehensive travel insurance directly. Practically speaking, it is affordable and convenient to buy packaged insurance products or comprehensive travel insurance products, which is welcomed by travel agencies, but legally speaking, whether such sales and purchase methods conform to the norms is still debatable.

(2) Travel agency liability insurance

The applicant of travel agency liability insurance is a travel agency, and the direct beneficiary is also a travel agency. When there is a fault in the operation of the travel agency, which causes personal and property damage to tourists, and the travel agency needs to bear the liability for compensation, the insurance company shall bear the liability for compensation to tourists, and the travel agency does not need to make additional compensation on its own. In short, travel agency liability insurance is the insurance that travel agencies buy for their own faults, that is, paying for their own faults. There are some problems in travel insurance when travel agencies promote travel routes:

1. When the salesman sells tourism products, the function of travel agency liability insurance is either unclear or intentional. When selling abroad, he simply told tourists that the travel agency had taken out insurance, but did not introduce the true meaning of liability insurance, which led tourists to mistakenly think that the insurance purchased by the travel agency covered all insurance, and tourists did not need to buy another insurance. As mentioned above.

2. Travel agency disagrees with travel agency liability insurance. A few travel agencies agree that it is a waste of money to insure liability insurance for travel agencies in order to complete the tasks stipulated in the Travel Agency Regulations, and their travel agencies have never had an accident. Therefore, in the specific liability insurance, only the liability insurance with the lowest premium is selected, in order not to be investigated for administrative responsibility by the tourism authorities, and the significance and role of liability insurance are not realized.

Travel agencies are not particularly concerned about the limit of medical expenses. For the death of tourists, liability insurance usually pays a high amount of compensation, while the medical expenses of tourists are very low, which leads to insufficient medical expenses when tourists need medical treatment due to the responsibility of travel agencies, and it is difficult to protect the rights and interests of tourists, which is ultimately borne directly by travel agencies. In this way, the feeling of travel agencies is that liability insurance doesn't work and they don't reflect on their own insurance practices. & lt？ XML:NAMESPACEPREFIX=O/>

2. Travel accident insurance. The applicant of travel accident insurance should be a tourist, and the beneficiary is also a tourist. The Detailed Rules for the Implementation of Travel Agency Regulations stipulates that travel agencies can recommend accident insurance to tourists, which is an arbitrary norm, not a mandatory norm like travel agency liability insurance. The Tourism Law has made a clear amendment to this, requiring travel agencies to recommend travel accident insurance to travel teams. This amendment is more in line with the actual needs of travel insurance.

1. Accidents are the most common injuries suffered by tourists. Judging from the personal injury disputes of tourists, most injuries mainly come from accidents, not responsibilities. In order to avoid troubles and losses, travel agencies should recommend travel accident insurance to tourists.

2. Visitors who refuse to take out accident insurance shall confirm in writing. If the travel agency recommends accident insurance to the tourists, and the tourists refuse to take out the insurance, there is no fault in the tourists' behavior, but for the sake of insurance, the travel agency should obtain the written confirmation from the tourists in case the travel agency can't prove it after an accident in the future.

In short, according to Ms. Wu's injury and the fault of the travel agency in business operation, Ms. Wu's medical expenses should be borne by the travel agency.

Please adopt it. Thank you.

Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.