Classification by subject matter of travel insurance

1. Legal provisions

1. Article 61 of the "Tourism Law" stipulates that travel agencies should remind tourists participating in group tours to take out personal accident insurance in accordance with regulations.

2. Article 2 of the "Measures for the Administration of Liability Insurance of Travel Agencies" stipulates that travel agencies established in accordance with the law within the territory of the People's Republic of China shall insure travel agency liability in accordance with the provisions of the "Travel Agency Regulations" and these Measures. Insurance. The term "travel agency liability insurance" as mentioned in these Measures refers to the insurance subject matter that is based on the compensation liability that a travel agency shall bear in accordance with the law to tourists and tour guides or team leaders who are entrusted by it and provide services to tourists due to the tourism activities it organizes.

II. Case Analysis

(1) Classification of Travel Insurance

At present, there are two main categories of travel insurance related to group tours organized by travel agencies in our country. Liability insurance and travel accident insurance, these two types of insurance have different meanings for 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 and is purchased by travel agencies, while travel accident insurance is optional insurance and is purchased by tourists themselves. Of course, in addition to this, tourists can also choose other types of travel 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 tourist accident insurance and purchase them together; another way is to directly purchase comprehensive travel insurance. From a practical point of view, purchasing packaged insurance products or comprehensive travel insurance products is both affordable and convenient, and has been welcomed by travel agencies. However, from a legal point of view, it is still worth exploring whether such sales and purchasing methods are in compliance with regulations.

(2) Travel agency liability insurance

The policy holder of travel agency liability insurance is the travel agency, and the direct beneficiary is also the travel agency. When the travel agency's operation is at fault and 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 the tourists, and the travel agency does not need to pay additional compensation itself. In short, travel agency liability insurance is the insurance purchased by the travel agency for its own fault, that is, it pays for its own fault. When travel agencies promote travel routes, they have some problems with travel insurance:

1. When selling travel products, the salesperson either does not understand the role of travel agency liability insurance, or intentionally sells it to external parties. Sometimes they simply tell tourists that the travel agency has already purchased the insurance, but do not introduce the true meaning of liability insurance, causing tourists to mistakenly believe that the insurance purchased by the travel agency covers all insurances, and the tourists themselves do not need to purchase additional insurance. As was the case in the above case.

2. Travel agencies do not take travel agency liability insurance seriously. A few travel agencies unanimously believe that applying for travel agency liability insurance is to complete the tasks stipulated in the "Travel Agency Regulations", and their own travel agencies have never had any accidents. Applying for liability insurance is a waste of money. Therefore, when applying for specific liability insurance, only choose the liability insurance with the lowest premium. The purpose is not to be held administratively responsible by the tourism authorities, and there is no awareness of the meaning and role of liability insurance.

3. Travel agencies do not pay special attention to the limit of medical expenses. For the death of tourists, liability insurance usually has a higher compensation amount, but the amount of medical expenses for tourists is very low. As a result, when tourists need medical treatment due to the liability of the travel agency, the medical expenses are insufficient and the rights and interests of tourists are difficult to protect. Finally, It is still directly borne by the travel agency itself. In this way, travel agencies feel that liability insurance does not work and do not reflect on their own insurance practices. 2. Travel accident insurance. The policyholder of travel accident insurance should be a tourist, and the beneficiary should also be a tourist. The "Implementation Rules of the Travel Agency Regulations" stipulate that travel agencies "may" recommend accident insurance to tourists. This is an arbitrary norm, not a mandatory norm like travel agency liability insurance. The "Tourism Law" has made clear amendments to this, requiring travel agencies to recommend travel accident insurance to travel groups. Such an amendment is more in line with the actual needs of travel insurance.

Extended reading: How to buy insurance, which one is better, and step-by-step instructions to avoid these "pitfalls" of insurance