Should travel agencies buy accident insurance for tourists?

Do travel agencies have to take out travel agency liability insurance?

Do travel agencies have to take out travel agency liability insurance?

In recent years, the travel insurance system in China has been constantly developing and changing. 65438-0997 The National Tourism Administration issued the Interim Provisions on Travel Agency Handling Travel Accident Insurance, which established travel accident insurance as compulsory insurance. Travel agencies must handle travel accident insurance for tourists, and the premium is included in the tour fare, which plays a certain role in promoting the development of tourism and protecting the legitimate rights and interests of consumers. 1999, China Life took the lead in introducing travel accident insurance clauses in China, and then domestic travel insurance gradually took shape. In May, 20001,the National Tourism Administration promulgated the Provisions on Travel Agency Liability Insurance (hereinafter referred to as the Provisions on Travel Liability Insurance), and at the same time abolished the interim provisions of 1997, stipulating that all travel agencies engaged in tourism business must take out travel agency liability insurance, and the original compulsory travel accident insurance was changed to voluntary purchase by tourists. In addition, the laws and regulations related to travel insurance are not perfect enough, and the Tourism Law is still in the stage of drafting and investigation.

The insurance period is one year, and the compensation limit per person for domestic tourism is not less than 80,000 yuan, and the compensation limit per person for inbound tourism and outbound tourism is not less than 6,543.8+0.6 million yuan. Domestic travel agencies and international travel agencies have a limit of 2 million yuan per accident and 4 million yuan per year. This type of insurance must be insured by an insurance company operating liability insurance in China.

The provisions of travel liability insurance strengthen the social responsibility of travel agencies to a certain extent, and also avoid the phenomenon that compulsory accident insurance leads to double claims between travel agencies and insurance companies. The travel agency liability insurance is aimed at the losses caused to tourists by the travel agency's own fault, which can not completely cover the whole risk of tourists, and consumers need to buy travel accident insurance themselves to further spread the risk; On the other hand, most insurance companies now only sell group travel accident insurance, not for self-help tourists who account for 80% of the total number of domestic tourists. Generally speaking, although the Regulations on Travel Liability Insurance has changed a series of problems caused by travel agencies buying travel accident insurance for tourists, there is no corresponding insurance system and legal system for the time being, which has caused many inconveniences to consumers.

Provisions on liability insurance of travel agencies

Chapter I General Provisions

Article 1 In order to protect the legitimate rights and interests of tourists and travel agencies and promote the healthy development of tourism, these Provisions are formulated in accordance with the Regulations on the Administration of Travel Agencies and the Insurance Law of People's Republic of China (PRC).

Article 2 Travel agencies engaged in tourism business activities must participate in travel agency liability insurance.

Article 3 The travel agency liability insurance mentioned in these Provisions refers to the behavior that the travel agency pays the insurance premium to the insurance company according to the insurance contract, and the insurance company is liable for the personal and property damage caused by the travel agency in its tourism business activities.

Article 4 Travel agencies in People's Republic of China (PRC) shall abide by these provisions when participating in travel agency liability insurance.

Chapter II Insurance Scope of Travel Agency Liability Insurance

Article 5 A travel agency shall take out travel agency liability insurance for the following liabilities it undertakes according to law:

(a) the responsibility of tourists for personal injury or death;

(two) the liability for compensation for the transportation expenses and medical expenses incurred by tourists due to treatment;

(three) the liability for compensation for the death of tourists and the repatriation of remains;

(4) Necessary rescue expenses for tourists, including reasonable transportation and accommodation expenses for visiting close relatives when necessary, repatriation expenses for accompanying minors, transportation and accommodation expenses for travel agency personnel and medical personnel, reasonable expenses for travel delay, etc. ;

(5) Liability for compensation caused by the loss, damage or theft of tourists' luggage;

(six) litigation costs caused by travel agency liability disputes;

(seven) other responsibilities agreed by the travel agency and the insurance company.

Sixth tourists to participate in tourism activities organized by travel agencies, should ensure that their physical conditions can complete the tourism activities. The travel agency is not responsible for all kinds of losses or damages caused by tourists' own diseases during their travel.

Seventh tourists to participate in tourism activities organized by travel agencies, should obey the arrangement of the tour guide or tour leader, pay attention to protect the safety of themselves and accompanying minors during the trip, and properly take care of their luggage and articles. Travel agencies are not responsible for personal injuries and property losses caused by tourists' personal faults, as well as various expenses arising therefrom.

Eighth tourists voluntarily terminate the travel itinerary arranged by the travel agency, or voluntarily participate in the activities agreed by both parties.

The travel agency is not responsible for any personal or property losses during the activity.

Chapter III Insurance Period and Insurance Amount

Article 9 The insurance period of travel agency liability insurance is one year.

Article 10 The insurance amount of travel agency liability insurance shall not be lower than the following standards:

(1) The per capita compensation limit for domestic tourism is RMB 80,000, and the per capita compensation limit for inbound tourism and outbound tourism is RMB 6,543.8+RMB 6,000;

(2) The limit of compensation for each accident and annual accumulated liability of domestic travel agencies is 2 million yuan, and that of international travel agencies is 4 million yuan.

Eleventh travel agencies to organize high-risk tourism projects can negotiate with insurance companies to apply for additional risks.

Chapter IV Insurance and Claims

Twelfth travel agencies to insure travel agency liability insurance, insurance companies must operate liability insurance in China.

Thirteenth travel agencies shall, in accordance with the contents of the insurance contract stipulated in the Insurance Law of People's Republic of China (PRC), sign a written contract with the insured insurance company.

Article 14 A travel agency shall take out travel agency liability insurance on an annual basis, and go through the insurance formalities for this year with the insurance company in accordance with the provisions of Article 10 of these Provisions.

Article 15 The right of a travel agency to claim compensation or pay insurance money from an insurance company shall be extinguished if it fails to exercise it for two years from the date of knowing the occurrence of an insured accident.

Sixteenth travel agency liability insurance premium shall not be listed separately in the sales price.

Article 17 In the event of an accident within the scope of insurance liability during the insurance period, the travel agency shall promptly obtain valid certificates from the public security, medical and underwriting insurance companies or their branches and subsidiaries in the place where the accident occurred, and handle claims with the underwriting insurance companies.

Chapter V Supervision and Administration

Article 18 The tourism administrative department of the people's government at or above the county level shall, in accordance with the Regulations on the Administration of Travel Agencies and other relevant provisions, supervise and inspect the insurance coverage of travel agency liability insurance, and incorporate the insurance coverage and claims settlement of travel agency liability insurance into the annual inspection scope of travel agencies.

Nineteenth travel agencies should properly keep the relevant information of travel agency liability insurance and claims settlement, and accept the inspection of the tourism administrative department; After the case of claim settlement occurs, the claim settlement shall be reported to the local tourism administrative department for the record in a timely manner.

Twentieth travel agencies should choose insurance companies with good reputation, wide service network and no bad business records.

Chapter VI Punishment

Twenty-first travel agencies in violation of the provisions of the provisions of article second, did not cover the travel agency liability insurance, the tourism administrative department shall order it to make corrections within a time limit; If it fails to make corrections within the time limit, it shall be ordered to suspend business for rectification 15 to 30, and may be fined between 5,000 yuan and 20,000 yuan; If the circumstances are serious, the business license of the travel agency may also be revoked.

Article 22 If the scope of responsibility of travel agencies to insure travel agency liability insurance is less than that stipulated in Article 5 of these Provisions, or the insurance amount of travel agency liability insurance is lower than the basic standard stipulated in Article 10 of these Provisions, the tourism administrative department shall order it to make corrections within a time limit and give a warning; If no correction is made within the time limit, a fine ranging from 5000 yuan to 65438 yuan+0,000 yuan may be imposed.

Twenty-third travel agencies in violation of the provisions of Article eighteenth, Article nineteenth, refused to accept the management and supervision and inspection of the tourism administrative department, the tourism administrative department shall order it to make corrections within a time limit and give a warning; If it fails to make corrections within the time limit, it shall be ordered to suspend business for rectification for 3 days to 15 days, and may be fined more than 3000 yuan 10000 yuan.

Chapter VII Supplementary Provisions

Twenty-fourth tourists to participate in group tours organized by travel agencies, according to actual needs, by an insurance agent.

Qualified travel agencies or directly from insurance companies voluntarily buy personal insurance for tourists. When concluding a travel contract with a tourist, a travel agency shall advise the tourist to buy relevant personal insurance for the tourist.

Twenty-fifth these Provisions shall be interpreted by the National Tourism Administration.

Article 26 These Provisions shall come into force as of September 200 1 year 1 day. The Interim Provisions on Travel Agency Handling Travel Accident Insurance issued by National Tourism Administration in May 2003 1997+03 shall be abolished at the same time.

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