Does the travel agency have to pay for the travel accident?

Yes, the travel agency is responsible for compensation.

1. How can travel agencies compensate for travel injuries?

1. Travel accident insurance is to compensate for personal injury caused during travel. The insurance period starts when the tourist goes out with the travel agency and ends when he leaves the travel agency for home. Therefore, as long as there is evidence that the injury was caused by an accident during the trip, you can apply for compensation from the company. If it is a collective accident insurance purchased by a travel agency, you can entrust the travel agency to negotiate with the insurance company.

2. Travel accident insurance, as its name implies, refers to accidental injury insurance caused by foreign, sudden and non-disease reasons during the travel activities arranged by travel agencies during the contract period. The insurance period generally refers to the time when tourists set foot on the means of transportation provided by the travel agency and leave the means of transportation arranged by the travel agency after the trip. Travel accident insurance is a kind of short-term insurance, which covers tourists, not travel agencies, but short-term compensatory insurance purchased by tourists voluntarily.

Second, the responsibility of the tour guide work-related injury travel agency

The liability for industrial injury compensation adopts the principle of employer's liability, that is, the principle of no-fault liability (also known as the principle of no-fault compensation). Specifically, as long as there is an industrial accident, no matter who is at fault or not, the business owner should be liable for compensation. China's current law does not explicitly adopt the principle of imputation, but it implements the principle of negligence compensation in practice. However, from the perspective of protecting workers' rights, we advocate that China should also implement the principle of no-fault liability.

legal ground

Article 74 of the Tourism Law stipulates that if a travel agency accepts a tourist's entrustment to book travel services such as transportation, accommodation, catering, sightseeing and entertainment for it and collects agency fees, it shall handle the entrusted affairs in person. If the travel agency's fault causes losses to tourists, the travel agency shall be liable for compensation.

Article 17 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, if the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.

If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.