Traditional Culture Encyclopedia - Travel guide - Who will pay for the accident during the trip?

Who will pay for the accident during the trip?

First, who will pay for the accident during the trip? In this case, the travel agency is exempted from its main responsibility, and of course it cannot be exempted. Therefore, even if what happened during the trip is not attributable to the travel agency, it is ultimately the responsibility of the travel agency. Generally speaking, when starting to perform a travel contract, travel agencies and tourists will determine the responsibilities they will encounter during the travel process through the terms of the contract, while the travel society has too many exemption clauses, and most travel accidents will be listed as one of the exemption clauses. The terms of the contract are probably: the travel agency shall not be liable for compensation for personal injury or property loss caused by the tourists themselves or infringement by a third party and other reasons not attributable to the travel agency. Through the above provisions, coupled with the provisions of China's current laws, this agreement is invalid because it is a standard clause for travel agencies to exempt themselves from their responsibilities and exclude their main rights. Therefore, even if there is a travel accident, the travel agency should bear the obligation of safety guarantee according to the agreement. The specific legal basis is: Article 506 of the Civil Code stipulates that the following exemption clauses in the contract are invalid: (1) Causing personal injury to the other party; (2) Causing property losses to the other party due to intentional or gross negligence. If there is a traffic jam on the way to the plane and you miss the plane, who will bear the responsibility? According to practical experience, if there is a traffic jam on the way, the specific responsibility should also be borne by the travel agency. After all, the travel agency is a professional travel service company and has absolute experience in making the itinerary. When performing the travel contract, we should foresee the delay in sending the plane, so it is the fault of the travel agency and constitutes a breach of contract. Although travel agencies usually buy corresponding accident insurance for tourists when signing travel contracts, they cannot avoid accidents on the way. At this time, whether the insurance company must pay compensation depends on the actual cause of the damage. If a tourist's personal or property is damaged by his own actions, then insurance companies and travel agencies will not be liable for compensation. However, if some facilities in the scenic spot are aging, it is necessary to distinguish the actual situation and see whether the travel agency is liable for compensation or the scenic spot is liable for compensation.