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If there is a traffic accident claim in a group tour, you can find the insurance company to settle the claim and the travel company if you have travel accident insurance.
According to the relevant regulations of the National Tourism Administration, travel agencies must apply for travel accident insurance for tourists when organizing group tours. The compensation scope of travel accident insurance includes compensation caused by accidents during the tourist's travel, such as personal **, acute illness and death; Medical expenses for injuries and acute** expenses, etc. In addition, in accordance with the relevant regulations, I believe that the handling of the travel agency is appropriate.
Mr. Lin's sprained foot was an accident and was not caused by the responsibility of the travel agency, so the medical expenses incurred by the guest** should be compensated according to the travel accident insurance compensation regulations, and the travel agency shall not be liable for the accident.
First of all, it is necessary to understand the coverage of the insurance you have purchased, if you do not understand the coverage of the compensation you can get compensation in advance, and go directly to the insurance company, it is very easy to have claims disputes and disputes, so in order to avoid these disputes, you should have a certain understanding of the content and coverage of the policy.
In the event of an accident, it is necessary to report the accident in time. You can notify the insurance company in a timely manner and submit an application for payment of insurance benefits by means of **, writing, fax, etc. Some traffic accident insurance provides emergency rescue services, and timely reporting can not only get rescue as soon as possible, but also the insurance company can also make the insurance payment as soon as possible.
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Accidentally injured my hand when traveling with a group, I was also careless at the time I thought it was not a big deal, I didn't care about it, I didn't tell the tour guide, the next day my hand was swollen, today is the fifth day, I went to the hospital to take a film, and the doctor said that there were multiple fractures in the wrist, so what should I do if I was plastered,
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In the event of a traffic accident involving a tourist bus, the tourist bus company shall be liable for compensation. The tourist boarded the tourist bus and went to the destination agreed by both parties, at which time the contract of carriage has been established; Tourist bus companies should ensure safety and punctuality to send tourists to their destinations. If an accident occurs in the middle of the way, it is a breach of contract by the tour bus company and shall bear the liability for compensation for breach of contract.
1. Who is responsible for the car accident on the way of tourists?
Travel agencies provide tourism services for tourists, and should fulfill the duty of prudent care for the personal safety of tourists in the entire tourism activities, and have the obligation to ensure the personal safety of tourists during the tour. If a tourist is involved in a traffic accident under the arrangement of a travel agency, and the travel agency fails to perform due diligence on the motor vehicle and the driver, resulting in the failure to perform the travel contract between the two parties, the tourist shall bear the liability for breach of contract and shall bear the main liability for compensation to the tourist.
2. What should I do if I encounter personal injury or property damage while traveling abroad?
If the travel agency fails to fulfill its safety and security obligations and causes personal injury or property loss to the tourist, the travel agency shall be liable; If the tourist's personal injury or property loss is caused by the behavior of the third party, the third party shall be liable; Tour operators and travel ancillary service providers fail to fulfill their safety and security obligations and bear corresponding supplementary responsibilities; If it is the fault of the traveler, the traveler shall be liable.
3. How to apply for compensation in case of traffic accident with group travel.
Shenlu Town with a group tour traffic accident please claim is to invest in travel accident insurance can find the insurance company to settle the claim and the travel company to claim, the scope of travel accident insurance includes the tourist during the travel accident caused by the accident, such as personal **, acute illness death; Medical expenses for injuries and acute** expenses, etc.
Article 577 of the Civil Code of the People's Republic of China provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.
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Claims for traffic accidents in group tours: If you have travel accident insurance, you can find the insurance company to settle the claim and the travel company for compensation.
1. Is there compensation for car damage when you drive the car into the water?
After the car is flooded, the owner should contact the car insurance customer service as soon as possible (within 24 hours) for filing, so that the car can be damaged and then claimed. At that time, I took a picture of the ** when the car was flooded to keep it. There are two types of insurance for insurance claims regarding water ingress into the vehicle.
One is car damage insurance, and the other is engine special loss insurance. Therefore, if you do not buy water insurance, but if you buy car damage insurance, the insurance company should also pay the claim.
2. What are the reasons for tourism disputes?
A) the content of the contract signed by the travel agency and Xun Ant Tourist is not clear and specific, and the performance is not complete, which leads to disputes;
2) High rebates caused by the inflated travel price, shoddy or even counterfeit and shoddy goods resulting in tourism disputes;
C) the internal management of the tourism company is not standardized, damage the legitimate rights and interests of tourists, thereby causing disputes;
4) the existence of weak links in the management of tourist attractions and the lack of self-protection awareness of tourists, so that criminals have an opportunity;
5) The rapid increase in tourist vehicles, and the improvement of road traffic conditions can not keep up with the needs, resulting in traffic accidents from time to time;
6) Some criminals use the name of tourism development to contract projects to defraud money;
7) The non-storability of tourism services, the fluidity of the tourism process and the irregularity of the form of contracting, etc., make it difficult to obtain evidence in the subsequent trial process.
3. How long does it take for the insurance company to settle the claim after the court closes the case.
After the court concludes the case, the insurance company settles the claim as follows: 1. If it is paid on the date when the judgment takes effect, after the judgment takes effect, you can go to the insurance company to negotiate the settlement of the claim, because the insurance company also has a claim trial procedure; 2. If the other party does not cooperate or does not want to negotiate with the insurance company, it can directly submit an application for enforcement to the case filing division of the people's court that made the judgment, and the executive bureau will carry out the execution without paying any fees in advance, and the court's enforcement period is six months, and the compensation can be obtained within six months after applying for enforcement.
Article 70 of the Tourism Law, if a travel agency fails to perform its contractual obligations for package tours or its performance does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses in accordance with the law; If the personal injury or property loss of the tourist is caused, the tourist shall be liable for compensation in accordance with the law. If the travel agency has the conditions to perform, but still refuses to perform the contract at the request of the tourist, causing serious consequences such as personal injury and detention of the tourist, the tourist may also require the travel agency to pay compensation of not less than one time but not more than three times the travel cost.
The travel agency shall not be liable for the failure to perform the package tour contract or the failure to perform as agreed due to the tourist's own reasons, or the personal injury or property loss of the tourist.
During the period when the tourist arranges the activities by himself, the travel agency fails to fulfill the safety reminder and rescue obligations, and shall bear the corresponding responsibility for the tourist's personal damage and property loss.
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The specific analysis of the handling of car accidents with group tours is as follows:
1. Generally speaking, if a traffic accident occurs with a group trip, on the one hand, the tourist and the travel agency are in a travel contract relationship, and they can claim compensation from the travel agency. After the travel agency bears the liability for compensation, it may recover compensation from the infringer;
2. It is also possible to directly claim infringement from the infringer of motor vehicle traffic accidents and the insurance company insured by the infringer;
3. If you file a lawsuit with the court, you can sue different subjects according to different legal relationships, and tourists can choose the most beneficial way to file a lawsuit.
1. How to claim compensation for injuries in scenic spots.
How to claim for injuries in scenic spots depends on the situation and is as follows:
1. If it is a liability accident caused by the scenic spot's failure to fulfill its safety guarantee obligations, the scenic spot needs to bear the liability for damages;
2. If it is caused by another third party, the third party who infringes shall be liable;
3. If it is a mixed liability accident, then it is necessary to determine the share of liability according to the size of the liability of each party, and the amount of compensation is the loss suffered by the infringed party.
1. The dispute resolution channels between tourists and tour operators are as follows:
1. Negotiation between the two parties;
2. Apply for mediation to consumer associations, tourism complaint acceptance agencies or relevant mediation organizations;
3. Submit to an arbitration institution for arbitration in accordance with the arbitration agreement reached with the tour operator;
4. File a lawsuit with the people's court.
2. Tourists can seek legal rights protection as follows:
1. The travel agency does not perform the contract or agreement;
2. The travel agency did not provide travel services that matched the quality and price, and Wang Randou or failed to meet the service quality standards agreed in the contract due to the fault of the travel agency;
3. The service of the travel agency does not meet the national standard or industry standard;
4. The operator intentionally or negligently causes damage or loss of tourists' luggage;
5. The operator intentionally or negligently causes damage to the person and property of tourists;
6. The operator has fraudulent behavior and damages the interests of tourists;
7. The tour guide asks for tips or kickbacks;
8. Other behaviors that harm the legitimate rights and interests of tourists can be complained and reported to the customs department.
2. Whether tourists can receive moral compensation.
In a tour with a guide, tourists usually sign a travel contract with the travel agency to clarify the rights and obligations of both parties, and either party will be liable for breach of contract if it violates the matters agreed in the contract. Liability for breach of contract refers to the liability assumed by either party for breach of the contract through early discussion of the agreement between the parties to establish, modify or terminate the civil relationship through equal consultation. At the same time, the Constitution gives people the legal right to enjoy personal rights and property rights, and if the damage is caused by infringement, they must also bear the liability for damages.
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