Administrative Measures On Travel Agencies ' Liability

Original Language Title: 旅行社责任保险管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201102/20110200334078.shtml

Administrative measures on travel agencies ' liability

    (November 25, 2010 China National Tourism Administration, China insurance regulatory Commission announced 35th as of February 1, 2011) Chapter I General provisions

    First in order to protect the legitimate rights and interests of tourists, according to the People's Republic of China insurance law and the travel agents Ordinance, these measures are formulated.

    Article People's Republic of China travel agency legally established in the territory, in accordance with the provisions of the travel agents Ordinance and these rules, insurance of travel agencies ' liability insurance.

    Travel agencies ' liability mentioned in these measures refers to travel agents for its organization of tourism activities on tourists and delegated and provide services to tourists guides or tour guides shall bear the liability of an insurance contract of insurance.

    Article to insure the travel agency liability insurance for travel agencies and travel agencies ' liability insurance company underwriting, should comply with these measures.

    Chapter II cover

    Article fourth of travel agencies ' liability insurance liability, should include travel agencies in the Organization of tourism activities in accordance with the tourist's personal injury and property damage liability and law services to delegate by tourist agencies and tourists guides or tour guides to personal injury compensation responsibility.

    Include the following situations:

    (A) travel agency negligence or negligence shall be liable;

    (B) accident shall bear the liability of travel agencies;

    (C) the Administration, together with the China insurance regulatory Commission (hereinafter referred to as the China insurance regulatory Commission) other circumstances as prescribed.

    Article fifth CIRC and its local agencies to travel agencies ' liability insurance clauses and insurance rates of management.

    Article sixth of travel agencies ' liability insurance rates should follow the principles of marketing, and matched with the travel agency business risk.

    Article seventh travel insured travel agencies ' liability should be to conclude a written travel agency liability insurance contracts with the insurance company (hereinafter referred to as the insurance contract).

    Eighth travel agencies and insurance companies enter into an insurance contract, the Parties shall, in accordance with the People's Republic of China Insurance Act the relevant provisions inform and obligation of explanation.

    Nineth when concluding the insurance contract, the insurance company may compel travel agencies insure other commercial insurance. Tenth after the establishment of an insurance contract, travel agencies in accordance with the contract the premium.

    Insurance companies shall promptly issue an insurance policy or other insurance certificates to travel agents, and in the insurance policy or other insurance certificates set out in the contract as agreed upon by the parties, in accordance with the agreed time begin to assume insurance responsibility.

    11th after the establishment of an insurance contract, except in conformity with the People's Republic of China outside the provisions of the Insurance Act, an insurance company shall not terminate the contract.

    12th after the establishment of an insurance contract, travel agency to terminate the contract, shall conclude new insurance contracts, and notify the tourism administrative departments at and above the County, but due to the travel agency business license is revoked or excluding cancellation and termination of the contract.

    13th termination of an insurance contract, an insurer shall withdraw policies, and notify the travel agency tourism administrative departments at and above the County. Article 14th travel agency name, legal representative or important matters such as business changes, it shall promptly notify the insurance company.

    If necessary it shall change in an insurance contract.

    15th travel agencies ' liability insurance period is 1 year.

    16th travel agencies should be renewed in a timely manner prior to the expiration of the insurance contract.

    17th travel insurance travel insurance, you can independently insured, can also have a standard cover.

    Chapter III compensation

    18th travel agencies in organizing tourism activities occur in this way conditions set fourth in article, insurance companies under the insurance contract according to law, within the limits of travel agencies ' liability compensation.

    Limitation of liability according to the travel agency business, business size, risk management and control capacity, travel agency and the level of local economic and social development needs, determined in consultation with the insurance company by travel agencies, but personal injury liability limit per person shall not be less than RMB 200,000 yuan.

    19th travel agencies organizing tours of an insured, travel agencies or the injured tourists, tour guides, tour managers notify the insurance company, the insurance company shall timely inform the specific procedures and other related matters.

    20th after the insurance accident, travel agents when requesting insurance indemnity under the insurance contract, it shall provide the insurer with the insurance accident has to offer nature, reason, evidence and information relating to the extent of the loss.

    Insurance companies agreed in the insurance contract, considered the evidence or information is not complete, once informed the travel agency supplement to provide in a timely manner. Travel for tourists, tour guides or tour guides to the liability of certain, based on requests from travel agents, insurance companies should report directly to the injured tourists, a tour guide or tour guides to indemnity.

    Travel agents failing to request the injured tourists, tour guides or tour guides will be entitled to the indemnity insurance should receive compensation directly to the insurance company. 21st insurance companies receive indemnities and related evidence, information upon the request should be approved in a timely manner; complex, should be approved at the 30th, except as otherwise stipulated in the contract.

    Insurance companies shall notify the authorized result travel agencies and the injured tourists, tour guides, tour managers; the insurance liability, indemnity agreements with travel agency in 10th after, meet indemnity obligations.

    22nd due to rescue the injured need insurance compensation insurance to cover rescue costs, insurance companies received a travel agency or the injured tourists, tour guides, tour guides to notice, after checking the insurance liability, can, within the limits of liability to pay the necessary fees to medical institutions. Article 23rd because of third party damage caused by insured, insurance company from the date of direct indemnity or advance paid rescue expenses, compensation, the payment of the amount within the right to subrogation for third party compensation.

    Travel agencies as well as the injured tourists, tour guides or tour guides shall provide the insurer with necessary documents and knows the situation.

    24th travel agencies and insurance companies for compensation dispute, may apply in accordance with the agreed arbitration or initiate litigation to the people's Court according to law.

    25th the staff of an insurance company on the privacy of the Parties shall be kept confidential.

    Fourth chapter of supervision and inspection

    26th tourism administrative departments at and above the county level shall exercise supervision over travel insurance travel insurance according to law checks.

    27th the CIRC and its local authority shall supervise and administer the travel agencies ' liability insurance for insurance companies.

    Chapter fifth penalty

    28th article violates this article 12th, 16th, 18th, the provisions of articles, travel agencies terminate the contract but not conclude new insurance contracts, prior to the expiration of the insurance contract was not renewed in a timely manner, or personal injury liability limits of less than 200,000 yuan, tourism administration departments at or above the county level in accordance with the 49th article of the travel agents Ordinance are punishable.

    29th insurance company business travel agencies ' liability, breach of the relevant provisions on administration of insurance clauses and insurance rates, CIRC or its agency in accordance with the People's Republic of China insurance law and relevant regulations of the China insurance regulatory Commission will be punished.

    Article 30th refuse or obstruct the inspection and supervision of insurance companies, by the CIRC or its agency in accordance with the People's Republic of China relevant provisions of the insurance law will be punished.

    The sixth chapter supplementary articles

    31st article this approach by the national tourism administration and the China insurance regulatory Commission is responsible for the interpretation. 32nd article this way come into force February 1, 2011. China National Tourism Administration, released on May 15, 2001 the travel insured travel agencies ' liability insurance regulations repealed simultaneously.