Both Group Tours and Independent Travel Require Legal Awareness
While enjoying your holiday, legal experts remind travelers that since Mainland China and Taiwan belong to different legal jurisdictions—with differing laws and specific regulations—and because group tours and independent backpacking trips also differ in nature, it's essential to understand not only local customs but also take precautions against legal risks to prevent potential disputes.
Travel Insurance Policy Required for Independent Travel Permit Application
Lawyer Zhu Guoliang from Jiangsu Xicheng Law Firm reminds travel enthusiasts that individuals applying for an independent travel permit to Taiwan must submit proof of having purchased relevant travel insurance, including coverage for medical and aftermath expenses, with a minimum total insured amount of no less than NT$2 million.
Group Tours: Travel Agencies Collect Liability Insurance, But Travelers Should Purchase Separate Accident Insurance
For those joining a group tour to Taiwan, the fees collected by the travel agency already include the mandatory Travel Agency Liability Insurance. However, Travel Agency Liability Insurance and Travel Accident Insurance are fundamentally different types of coverage—the former being property insurance with the travel agency as the policyholder, and the latter being personal insurance with the traveler as the policyholder. Liability insurance is mandatory for travel agencies to purchase on behalf of tourists, but it only covers injuries caused by the travel agency’s negligence, with the direct beneficiary being the agency itself. Injuries resulting from the traveler’s own mistakes during the trip are not covered under this insurance. Therefore, it is advisable for group travelers to purchase their own Travel Accident Insurance for better protection.
Ensure Insurance Duration Matches Your Travel Itinerary
Independent travel to Taiwan has its unique aspects. Whether you're on a group tour or traveling independently, it is recommended to purchase Travel Safety Insurance with a sufficient insured amount and a duration that matches your travel period. When buying Travel Safety Insurance, ensure that both the insured amount meets requirements and the insurance duration aligns with your itinerary—this is one of the prerequisites for obtaining a travel visa. Also, carefully review the insurance terms, paying special attention to the coverage scope and especially any exclusions.
Cities Without Cross-Region Claims Systems May Face Delayed Compensation
Additionally, as there is no unified insurance claims standard between the two sides of the Strait, generally either a Taiwan-based insurance company introduces a new insurance product on the mainland, or a mainland insurance company partners with a Taiwan insurer to handle cross-region claims. For cities without established cross-region claims systems, in the event of a dispute, timely compensation may be difficult to obtain. In cases of accidental injury, travelers may find it challenging to file a claim with an insurance provider in their location and might have to pay substantial medical expenses upfront before returning to the mainland to apply for reimbursement. Therefore, it is best to choose online insurance purchases and opt for policies that support global advance payment for medical expenses.
When Filing Complaints, Opt for Breach of Contract Claims Where Possible
Lawyer Zhu Guoliang also reminds travelers that due to differences in civil and commercial jurisdiction laws between the two sides of the Strait, if complaints fail to resolve an issue and litigation becomes necessary to protect one’s rights, claimants can choose either a tort claim or a breach of contract claim. However, from the perspective of convenience for mainland residents in litigation and enforcement, it is advisable to opt for a breach of contract claim and file a lawsuit with the court where the group travel agency is located to hold the agency accountable for breach of contract. After assuming liability, the group travel agency may then sue in Taiwan courts to seek compensation from the directly liable party. Independent travelers, lacking a travel agency as a defendant, will find it much more difficult to seek justice by directly suing local hotels, scenic spots, or other entities in Taiwan courts.