Travel accident injury

Legal analysis: Travel with travel agencies has insurance, and the insurance company is responsible for medical compensation. The responsibility of travel agencies is also borne by insurance companies. If you don't have accident insurance before leaving the group, the responsibility of travel agencies will be greater. Travel accident insurance is additional, and you should buy it through the real name and ID card of the tourists. Before leaving, the travel society will communicate with tourists whether it is necessary to buy it.

Legal basis: Article 179 of the Civil Code of People's Republic of China (PRC) infringes upon others and causes personal injury, it shall compensate the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.

Travel agencies have the obligation to inform, and if they fail to fulfill the obligation to inform, they should bear the responsibility, and if they fulfill the obligation to inform, they should also help the rescue.

Tourism operators and tourism auxiliary service providers have the obligation to inform, warn and ensure the safety of tourism projects that may endanger the personal and property safety of tourists. If a tourist operator or tourist auxiliary service provider fails to perform this obligation and is injured, the tourist has the right to ask the tourist operator or tourist auxiliary service provider to bear the responsibility.

Tourists themselves also have the obligation to truthfully inform their personal health and pay attention to their own safety. For example, if tourists fail to truthfully inform their personal health information, do not listen to the notices and warnings of tourism operators and tourism auxiliary service providers, and are injured by participating in tourism activities that are not suitable for their own conditions, the people's court will not support them.

At the same time, tourists should also abide by the itinerary of the travel contract. If tourists leave the team on purpose without the permission of the tour guide or tour leader, and suffer personal injury or property loss, the people's court will not support them.

Extended data:

Disputes arising from accidents during travel:

First, most tourism activities have certain risks. Even the risks that should be noticed in daily life may be magnified in the process of tourism, increasing the probability of tourists suffering personal and property damage. Therefore, the obligation of travel agencies to inform should not be based on the daily living environment, but on the specific background of tourism activities.

2. If tourists are injured or have accidents due to negligence or mistakes of the travel agency, tourists can claim compensation from the travel agency. However, if the tourists are injured due to their own reasons or unexpected accidents, such as earthquakes, it is not within the scope of compensation by travel agencies.