What does the travel agency liability insurance cover?

Article 1 This insurance contract consists of insurance clauses, application forms, insurance policies and approval forms. Any agreement on this insurance contract shall be in written form.

Article 2 Any travel agency established, registered and operated in People's Republic of China (PRC) according to law can be regarded as the insured.

insured liability

Article 3 During the validity period of this insurance contract, if the domestic and foreign tourists received by the insured suffer the following economic losses due to the negligence or fault of the insured, the insurer shall be responsible for the economic compensation that should be borne by the insured according to law:

(1) Economic losses and expenses caused by personal injury or death;

(2) Other related expenses incurred due to personal injury or death:

1, medical expenses;

2. If necessary, the transportation and accommodation expenses for close relatives to visit, the return expenses for accompanying children or elders, the transportation and accommodation expenses handled by travel agency personnel and medical personnel, the expenses for reissued travel documents and the expenses incurred due to travel delays;

(3) Losses caused by lost, damaged or stolen luggage;

(4) The litigation expenses with the prior written consent of the insurer.

The total compensation of each person in the above items (1) to (4) shall not exceed the compensation limit of each person listed in the schedule of this insurance policy.

When an insurance liability accident occurs, the insurer is also responsible for the necessary and reasonable expenses paid by the insured to reduce the liability for compensation and rescue the injured tourists and their property. The total compensation per person for this fee shall not exceed the compensation limit per person specified in the schedule of this insurance policy.

exonerate

Article 4 An insurer shall not be liable for losses, expenses and liabilities caused by the following reasons:

(1) Intentional acts of the insured or its representatives or employees;

(2) War, hostile acts, military actions, armed conflicts, strikes, riots and riots;

(3) Confiscated by the relevant government authorities;

(4) Nuclear reaction, nuclear radiation or radioactive pollution;

(5) Natural disasters such as earthquake, lightning strike, rainstorm, flood, volcanic eruption, underground fire, tornado and storm.

Article 5 An insurer shall not be liable for losses, expenses and liabilities caused by the following reasons:

(a) tourists commit crimes, negligence or illness;

(two) the quality of the insured's tourism service does not meet the standards stipulated by the state, industry or contract;

(three) do not provide full escort or tour leader, local escort personal tourism activities;

(4) The insured entrusts a unit or individual other than the travel agency to handle the travel business.

Article 6 The insurer shall not be liable for the following losses, expenses and liabilities of the insured:

(1) Personal injury or death of the insured, its representative or its employees, and all property losses of the above-mentioned persons;

(2) The responsibilities stipulated in the agreement signed between the insured and others, except those that should be borne by the insured according to law;

(3) Property losses caused by theft or robbery without identification by the public security department or obvious traces from the outside;

(4) All indirect losses caused by the insurance liability accident;

(5) Fines, fines or punitive damages;

(6) Losses directly or indirectly caused by Y2K problem;

(seven) the mental damage of the insured to the domestic and foreign tourists it receives.

Article 7 The insurer shall not be liable for the loss of the following property:

Loss or damage of gold and silver, jewelry, jewelry, cultural relics, software, materials, cash, credit cards, bills, documents, securities, documents, account books, technical materials and other property that is difficult to be valued.

Article 8 The insurer shall not be liable for compensation for personal injury or property loss caused by engaging in the following activities:

High-risk activities such as running, horse racing, rock climbing, gliding, adventure rafting, diving, skiing, skateboarding, skydiving, hot air balloon, bungee jumping and surfing.

Article 9 The insurer shall not be liable for other losses, expenses and liabilities not covered by this insurance.

Obligations of the insurer

Article 10 After the establishment of this insurance contract, the insurer shall issue an insurance policy or other insurance certificates to the applicant in time.

Article 11 If the insurer's right to terminate the contract obtained in accordance with Article 15 of this insurance clause is not exercised for more than 30 days from the date when the insurer knows the reason for termination, the right shall be extinguished.

When concluding an insurance contract, the insurer may not terminate the insurance contract if it knows that the applicant has not truthfully informed it; In the event of an insured accident, the insurer shall be responsible for compensation.

Article 12 After the occurrence of an insured accident, if the certificates and information provided by the applicant and the insured about the claim are incomplete, the insurer shall promptly notify the applicant and the insured to provide supplementary information at one time.

Article 13 After receiving the claim for compensation from the insured, the insurer shall promptly verify whether it belongs to the insurance liability and notify the insured of the verification result.

If the situation is complicated and the insurer fails to verify the insurance liability within 30 days after receiving the insured's claim, the insurer and the insured shall negotiate a reasonable period according to the actual situation, and the insurer shall make the verification results within the agreed period and notify the insured. If it is an insurance liability, it shall perform the obligation of compensation within ten days after reaching an agreement with the insured on the amount of compensation.

If the insurer does not belong to the insurance liability after verification in accordance with the provisions of the preceding paragraph, it shall issue a notice of refusal to pay compensation to the insured within three days from the date of verification and explain the reasons.

Article 14 If the insurer cannot determine the amount of compensation insurance within 60 days from the date of receiving the claim for compensation insurance money and relevant certificates and materials, it shall pay the amount that can be determined according to the existing certificates and materials in advance; After the insurer finally determines the amount of compensation, it shall pay the corresponding difference.

Obligation to acquire

Article 15 The applicant shall fulfill the obligation of truthful disclosure, truthfully answer the insurer's inquiries about relevant information, and truthfully fill out the application form.

If the applicant fails to fulfill the obligation of truthful disclosure stipulated in the preceding paragraph intentionally or due to gross negligence, which is enough to affect the insurer's decision to agree to underwrite or increase the premium rate, the insurer has the right to terminate the contract.

If the applicant intentionally fails to fulfill the obligation of telling the truth, the insurer shall not be liable for the insurance accident that occurred before the termination of the contract and shall not refund the insurance premium.

If the insured fails to fulfill the obligation of telling the truth due to gross negligence, which has a serious impact on the occurrence of the insured accident, the insurer shall not be liable for compensation for the insured accident that occurred before the termination of the contract, but shall refund the insurance premium.

Article 16 Unless otherwise agreed, the applicant shall pay the insurance premium when concluding an insurance contract. The insurer shall not be liable for any insured accident that occurs before the insurance premium is paid.

Article 17 During the insurance period, if the risk of the subject matter insured increases significantly or other important items in the insurance contract change enough to affect the insurer's decision on whether to continue underwriting or whether to increase the insurance premium, the insured shall promptly notify the insurer in writing, and the insurer has the right to request an increase in the insurance premium or terminate the contract.

If the insured fails to fulfill the obligation of informing, and an insured accident occurs due to a significant increase in the risk of the subject matter insured or a change in the important terms of the above insurance contract, the insurer shall not be liable for compensation.

Article 18 The insured shall abide by relevant laws and regulations, and it is forbidden to operate beyond the scope.

Article 19 The insured shall consciously accept the supervision and inspection of the relevant administrative departments and insurers, and make timely rectification when problems are found.

Article 20 The insured must fully remind, advise and warn tourists of their travel safety in advance, and take effective preventive measures against possible travel accidents.

Article 21 Once the insured knows or should know that there is an accident of personal injury or property loss of tourists within the scope of insurance liability, he shall:

(a) try to take necessary and reasonable measures to prevent or reduce losses, accidents involving public security cases, should promptly report to the relevant public security departments and local public security organs. Otherwise, the insurer will not be liable for the increased losses;

(two) immediately notify the insurer, and explain in writing the cause, process and loss of the accident; If it is difficult to determine the nature, cause and loss degree of the insured accident due to intentional or gross negligence, the insurer shall not be liable for the uncertain part, except that the insurer has known or should have known the occurrence of the insured accident in time through other means;

(3) Protect the scene of the accident, and allow and assist the insurer to conduct accident investigation; Refusing or obstructing the insurer's accident investigation, so that the cause of the accident cannot be determined or the loss cannot be verified, the insurer shall not be liable for the part that cannot be determined or verified.

Article 22 When the insured receives a claim from a third party, it shall immediately notify the insurer. Without the written consent of the insurer, the insurer is not bound by any promise, refusal, bid, agreement, payment or compensation made by the insured to a third party.

The insurer has the right to review the amount of compensation promised or paid by the insured himself. If it does not fall within the scope of this insurance or exceeds the compensation limit, the insurer shall not be liable for compensation. In the process of claim settlement, the insurer has the right to handle any claim settlement case for which it is ultimately responsible, and the insured is obliged to provide the insurer with the information and assistance it can provide.

Article 23 When the insured learns that litigation or arbitration may occur, he shall immediately notify the insurer in writing. Upon receipt of court summons or other legal documents, a copy shall be sent to the insurer in time. The insurer has the right to handle relevant litigation or arbitration in the name of the insured, and the insured shall provide relevant documents and give necessary assistance.

The insurer shall not be liable for the losses caused or expanded due to the failure to provide the above notice or necessary assistance in time.

Article 24 When applying for compensation from the insurer, the insured shall submit the travel contract, the list of tour group members, the original insurance policy, the accident certificate, the loss list, the award or arbitration, the medical certificate issued by the second-class or above medical institution, and other certificates and materials that the insured and the insured can provide to confirm the nature, cause and loss degree of the insured accident.

If the applicant and the insured fail to fulfill the obligation of providing documents agreed in the preceding paragraph, resulting in the insurer being unable to verify the loss, the insurer shall not be liable for the part that cannot be verified.

Article 25 If the responsible party is responsible for the loss within the scope of insurance liability, the insured shall exercise or reserve the right to claim compensation from the responsible party.

After the occurrence of an insured accident and before the insurer fails to perform the obligation of compensation, the insured waives the right to claim compensation from the responsible party, and the insurer is not liable for compensation.

After the insurer compensates the insured, if the insured waives the right to claim compensation from the responsible party without the consent of the insurer, the act is invalid.

When the insurer exercises the right of subrogation to the responsible party, the insured shall provide the insurer with the necessary documents and relevant information it knows.

If the insurer is unable to exercise the right to claim compensation by subrogation due to the intentional or gross negligence of the insured, the insurer may deduct or demand the return of the corresponding compensation amount.

Compensatory therapy

Article 26 If the insured causes damage to tourists, after the insured's liability for compensation to tourists is determined, the insurer shall directly compensate the tourists for the insurance money at the request of the insured.

If the insured causes damage to the tourists and the insured fails to compensate the tourists, the insurer shall not be responsible for compensating the insured's insurance money.

Article 27 The amount of compensation paid by the insurer to each person shall be subject to the amount determined by the court or relevant government departments according to law. If it has not been handled by the court or the relevant government departments, the amount agreed in the Standard for Handling Compensation of Travel Agency Liability Insurance attached to this insurance policy shall prevail, but the sum of the compensation amount and the litigation expenses agreed by the insurer in advance in writing shall not exceed the per capita compensation limit listed in the schedule of this insurance policy.

During the term of this insurance contract, the cumulative compensation for multiple accidents shall not exceed the cumulative compensation limit listed in the schedule of this insurance policy.

Article 28 The insurer shall compensate the necessary and reasonable expenses paid by the insured to reduce the liability for compensation and rescue injured tourists and their property within the prescribed limits.

Article 29 If an insured accident occurs and the insured's loss can be compensated from other insurances with the same protection, the insurer shall be liable for compensation in proportion to the sum of the compensation limits of this insurance contract and other relevant insurance contracts. The insurer is not responsible for the amount of compensation that other insurers should bear.

When the insured requests compensation, it shall truthfully explain to the insurer the situation of other insurance contracts related to the insurance liability of this insurance contract. If the insurer fails to make a truthful statement, the insurer has the right to recover the overpayment from the insured.

Article 30 The limitation of action for the insured to claim compensation from the insurer is two years, counting from the day when the insured knew or should have known the occurrence of the insured accident.

settlement of dispute

Article 31 Any dispute arising from the performance of this insurance contract shall be settled by both parties through consultation. If negotiation fails, it shall be submitted to the arbitration institution specified in the insurance policy for arbitration; If the arbitration institution is not specified in the insurance policy, and no arbitration agreement is reached after the dispute, a lawsuit shall be brought to the People's Court of People's Republic of China (PRC) according to law.

Article 32 The laws of People's Republic of China (PRC) (excluding the laws of Hong Kong, Macao and Taiwan) shall apply to the settlement of disputes over this insurance contract.

Any other business

Article 33 Before the insurance liability begins, if the applicant requests to terminate the insurance contract, he shall pay the insurer a refund premium equivalent to 5% of the insurance premium, and the insurer shall refund the remaining insurance premium; Where the insurer requests to terminate the insurance contract, it shall not charge the applicant a handling fee, and shall refund the premium already charged.

After the commencement of insurance liability, if the applicant requests to terminate the insurance contract, the insurance contract shall be terminated as of the date of notifying the insurer, and the insurer shall collect the insurance premium from the commencement of insurance liability to the date of termination of the contract according to short term rates, and return the remaining insurance premium;

The insurer may also send a termination notice to the applicant fifteen days in advance to terminate this insurance contract, and the insurer shall collect the insurance premium according to the daily ratio of the period from the date of commencement of insurance liability to the date of termination of the contract to the insurance period, and return the remaining insurance premium.

Extended data

Travel agency liability insurance coverage is incomplete.

It is reported that there are two types of insurance purchased by general tour groups before leaving the country: one is travel agency liability insurance that travel agencies must purchase according to government regulations; The second is the ordinary accident insurance purchased by travel agencies on behalf of tourists.

In this regard, relevant professionals said that if the travel agency purchases unilaterally, it will certainly be unable to deal with various problems such as property theft, personal accidents and medical insurance. In this way, in the event of an accident, it is likely that the insured items do not match the accident and it is impossible to claim compensation. In fact, many times, the misfortune of tourists is not covered by these two kinds of insurance, and the possibility of compensation for tourists is quite small.

Therefore, if outbound tourists want to have a "reassurance", they should buy another insurance to cover possible accidents, diseases, lost luggage, etc. It is best to include emergency medical rescue, emergency handling assistance and other information consulting services for accidents caused by tourists' responsibilities.

Ultra-short term accident insurance is flexible.

At present, all life insurance companies have launched accident insurance products for travel. Some insurance companies have designed special types of insurance specifically for outbound travel, such as Ping An Life Insurance Company of China, and launched overseas travel security cards specifically for outbound travel. There are also accident insurance products launched by some insurance companies, which are not specifically aimed at outbound or domestic travel. As long as they meet the insurance conditions, they can be underwritten, such as the travel safety insurance launched by Pacific Antai Insurance.

People in the insurance industry suggest that tourists may wish to purchase an international travel accident insurance and personal property insurance at their own expense on the basis that the tour group has already purchased insurance before going abroad. This kind of insurance is not very expensive-at present, the premium of travel accident insurance ranges from tens to hundreds of yuan, and the corresponding protection amount ranges from tens of thousands to hundreds of thousands of yuan.

In addition, compared with the previous short-term accident insurance of 1 year, the current ultra-short-term accident insurance for tourists (the shortest insurance period is only 1 day) has flexible rates and payment methods. In addition to the agent insurance method, the insured can also apply for insurance online or by telephone. Some insurance companies have introduced card-type insurance policies, and the insured can purchase in advance and apply to the insurance company for signing the bill before going out.

Be sure to apply before signing the bill.

No matter what method the insured takes to insure this ultra-short-term accident insurance, Mr. Sun, the actuary of Pacific Antai Insurance Company, reminds that the insured must apply to the insurance company before signing the bill. Even if you bought insurance before boarding the plane, you must report it by fax or telephone. "Even if you just leave a telephone recording for the insurance company, that's fine. The purpose of this move is to inform the insurance company when the policy takes effect. "

According to his explanation, the insurance company requires customers to do this in order to prevent the phenomenon of "backdating"-the situation of going out of danger first and then going out of danger, and the customer can avoid unnecessary claims disputes with the insurance company after going out of danger.

Case 1: Xiao Zhang, who was traveling in Thailand, fell in love with jet skis at sea. Although it is an activity at his own expense, he still enjoys it. But the accident still happened, and the bump on the speedboat at high speed caused his spinal compression fracture.

Due to the serious injury, Xiao Zhang could not return to China by ordinary flight, but he could not afford the high cost of emergency medical transportation, so he had to stay abroad for treatment and pay high medical expenses. In this regard, according to state regulations, travel agencies are also very helpless.

Countermeasures: Xiao Zhang should immediately make a 24-hour collect call and report the policy number. SOS Rescue Company will send rescuers in time and send him back to China for treatment according to medical conditions. All medical transportation expenses shall be borne by the insurance company, and the maximum amount can be 654.38 yuan+00,000 yuan.

Case 2: Miss Wu, who yearned for a European tour, finally set foot on a flight to France. I didn't want to go to Paris the next day, only to find that the small bag containing digital camera, wallet, mobile phone and round-trip air ticket was stolen. Fortunately, there is not much cash in the wallet. According to a survey of a well-known travel magazine, 42% of tourists have experienced property loss during their travels.

Countermeasures: Miss Wu needs to report the case to the local police station first, and call the claim hotline after returning to China. The insurance company will make claims according to the relevant certificates issued by her, and the maximum amount of personal property claims is RMB 4,000.

Case 3: The beautiful scenery along the Nordic trip made Mr. Qi relaxed and happy. However, before going to bed, he couldn't help lighting a few cigarettes and accidentally burned a hole in the carpet. The next day, the hotel foreman found the tour guide and asked Mr. Qi to pay 150 euros according to the original price.

Countermeasures: Mr. Qi should call the 24-hour rescue service immediately, and the SOS rescue organization will handle the compensation. The maximum amount of compensation for overseas personal liability is RMB 800,000.

Baidu encyclopedia-travel agency liability insurance

China Net-Travel Agency's liability insurance coverage is incomplete. Don't forget to take the initiative to insure your outbound travel.