Injured by traveling with a group

1. What should I do if I fall on a group tour?

There are many strange things in the world, and tourism is synonymous with all kinds of strange things. Some people like to travel abroad; Some like domestic travel; Some people like to travel with a group; Some people like go on road trip; Some people like hiking; Some people like to swim in a static way like migratory birds; Some people like to travel around with their bags on their backs and visit more places in the shortest time. Some people like to go camping and make an appointment with their families, which is challenging to some extent. Another kind is to ride a bicycle and drag a scooter all over the country. The most unusual thing is that they have to travel all over the country with big wheels! No matter how you swim, happiness is the most important thing!

2. How to claim compensation for injuries caused by traveling with a group?

The forest farm is operated by a general partnership composed of three natural persons, and your husband has formed an employment legal relationship with the forest farm.

Articles 38 and 39 of the Partnership Enterprise Law stipulate that a partnership enterprise shall pay off its debts in advance with all its property; If the partnership enterprise fails to pay off the debts due, the partners shall bear unlimited joint liability. Article 11 The Interpretation of the Supreme People's Court of the United States on Several Issues Concerning the Application of Laws in the Trial of Cases of Personal Injury Compensation stipulates that if a worker suffers personal injury in employment activities, the employer shall be liable for compensation. The three partners shall be jointly and severally liable for compensation with their personal property. Regarding the scope of compensation, if your husband is not disabled, the losses you can claim include medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies, necessary nutrition expenses, etc. So you can bring a lawsuit to the court now, and apply for medical expenses to be executed first to solve the urgent need. Article 97 of the Civil Procedure Law stipulates that the court may, upon the application of the parties concerned, make a ruling on a case in which alimony, alimony, pension and medical expenses are recovered first.

3. How to pay for the injury caused by traveling with a group?

If a person is injured in a fight, the hitter shall compensate for the economic losses such as treatment expenses, lost time and transportation expenses. Article 16 Anyone who infringes upon others and causes personal injury shall pay compensation for medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to missed work. If it causes disability, it shall also compensate the disabled for living AIDS and disability compensation. If death is caused, funeral expenses and death compensation shall also be paid.

4. How to compensate for the accident of taking part in a tour group?

Generally speaking, the reimbursement order of expense compensation insurance is social security/free medical care-tax incentives-group insurance-individual commercial insurance. If it is accidental medical treatment, it should be reported by accident insurance first and then by commercial medical insurance. Of course, I've seen people take the trouble to report directly with medical insurance. I don't know what your accidental medical expenses, deductibles and reimbursement ratio are (the scope of reimbursement should only be the local social security directory expenses). It doesn't matter if the medical amount of accident insurance is enough for all the expenses in the newspaper insurance. If it can not be covered, it depends on whether the local new rural cooperative medical system can accept the split list. T know if you have any contact with the accident insurance company (China Life). ) said that a partition table is needed. The total reimbursement of accident insurance and NCMS shall not exceed your actual medical expenses in the hospital. (If there is hospitalization allowance, it may exceed it) Article 4 of Tort Liability Law Medical insurance is divided into cost compensation medical insurance and fixed payment medical insurance according to the nature of insurance payment. Compensation medical insurance refers to medical insurance that determines the amount of insurance money according to the agreed standard according to the actual medical expenses incurred by the insured. The payment amount of compensatory medical insurance shall not exceed the actual medical expenses incurred by the insured.

5. How to pay for the accidental injury caused by traveling with a group?

The elderly fall and the group travel agency bear 30%.

Court: The travel agency failed to fulfill its security obligations and compensated more than 110,000 yuan.

situation

On March 4, 2017, Aunt Liu signed the Measures for the Administration of Health Insurance with a travel agency in Pingxiang, and participated in the tour of five cities in East China from March 30, 2017 to April 4, 2017 organized by the travel agency.

Clock on 9oAp

After the accident, due to medical expenses and other issues, no agreement was reached. Aunt Liu sued the travel agency and the third-party insurance company to the court for compensation.

During the trial, the travel agency argued that it had fulfilled its security obligations during the travel process. At the same time, Aunt Liu's fall was caused by her own carelessness, and the travel agency should not be liable for compensation. (Reporter Cheng Aidi finishing)

Settle a lawsuit

The court held that the tour groups that Aunt Liu participated in were all elderly people. As tour operators, travel agencies should be more cautious about the safety of tourists in the process of providing services. However, in this case, the travel agency failed to effectively remind and warn the plaintiff, failed to fulfill its security obligations, and fell down due to Aunt Liu's fault, and should bear the corresponding liability for compensation. However, the plaintiff, as a person with full capacity for civil conduct with certain life experience, should have actively managed his own affairs, but he was negligent and had gross negligence in the occurrence of the damage. The court ruled in accordance with the law that the defendant, American Travel Service, was responsible for 30% of the losses caused by Aunt Liu, that is, more than 110,000 yuan.

6. What should I do if I get hurt while traveling with a group?

The insurance company is responsible for paying the compensation for the fall and injury caused by traveling with the group. Because most travel agencies travel with groups, the travel tickets purchased by tourists include accident insurance, which means that during the period from the beginning of the tour to the end of the tour, passengers are protected by accident insurance. If tourists have accidental injuries during this period, they will report to the insurance company, and the insurance company will be responsible for the compensation, not the travel agency. Some travel agencies can make compensation after the insurance company pays.

7. How to compensate for the injury caused by traveling with a group?

1. If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses for increasing expenses due to living needs and the income loss caused by loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred for rehabilitation nursing and continuing treatment.

2. For details of the calculation standard of specific compensation items and amounts, please refer to the provisions of the Team Domestic Travel Contract. Suggest consultation;

3. Legal Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases Article 37 If managers of public places such as hotels, shopping malls, banks, stations and entertainment places or organizers of mass activities fail to fulfill their security obligations and cause damage to others, they shall bear tort liability.

If the behavior of a third party causes damage to others, the third party shall bear the tort liability; If the manager or organizer fails to fulfill the obligation of safety guarantee, it shall bear corresponding supplementary responsibilities.

8. How to compensate for accidental falls in travel?

According to the relevant laws and regulations of our country, if the travel agency fails to fulfill its security obligations and causes the death of passengers, the travel agency shall make compensation; If it is the responsibility of the tour operator, the tour operator shall make compensation.

Tort liability law

Article 7 If people's tour operators and tour auxiliary service providers fail to fulfill their security obligations, causing personal injury and property loss to tourists, and tourists request the tour operators and tour auxiliary service providers to take responsibility, the people's court shall support them.

The third person shall be responsible for the personal injury and property loss caused by the behavior of the third person; The people's court shall support people's operators and tourism auxiliary service providers who fail to fulfill their security obligations and tourists ask them to bear corresponding supplementary responsibilities.

Article 8 If a tourist operator or tourist assistant service provider fails to fulfill the obligation of informing and warning about tourism projects that may endanger the personal and property safety of tourists, causing personal injury or property loss to tourists, and tourists demand that the tourist operator or tourist assistant service provider bear the responsibility, the People's Court shall support it.

If tourists fail to provide personal health information,

Article 9 If people's tourism operators and tourism auxiliary service providers disclose the personal information of tourists or disclose their personal information without the consent of tourists, and tourists ask them to bear corresponding responsibilities, the people's court shall support them.

9. How to deal with leaving the group on the day of travel?

There is a handling fee for withdrawing from the group according to the situation. More than 15 days before leaving the group, you can get a full refund without deducting the handling fee. If you give a refund ten days before you leave the group. A 10% handling fee may be deducted. 10% of the tour fee.

If the refund is made within five days before leaving the group, 20% of the group money will be deducted as a handling fee.

If you want a refund three days before leaving the group, you need to deduct 50% of the room rate as a handling fee.

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.