Chapter I General Provisions
Article 1 These Provisions are formulated in accordance with the relevant provisions of the Insurance Law of the People's Republic of China and the Regulations on the Administration of Travel Agencies.
Article 2 The term "travel accident insurance" as used in these Provisions refers to an insurance practice whereby a travel agency, when organizing group tours, pays the insurance premium to an insurance company on behalf of tourists to protect their interests.In the event of an accident during the trip, the underwriting insurance company shall pay the insured amount to the tourist as stipulated in the contract.
Article 3 Travel agencies within the territory of the People's Republic of China shall comply with these Provisions when handling travel accident insurance.
Chapter II Scope of Compensation for Travel Accident Insurance
Article 4 Travel agencies organizing group tours must arrange travel accident insurance for tourists.
Article 5 The scope of compensation covered by the travel accident insurance arranged by the travel agency shall include the following items arising from accidents during the trip:
(1) Compensation due to personal injury, death, or death from acute illness;
(2) Medical expenses incurred for injuries and treatment of acute illnesses;
(3) Expenses required for handling death or repatriating remains;
(4) Compensation required for loss, damage, or theft of luggage and belongings carried by tourists;
(5) Compensation arising from third-party liability.
The proportion of the above-mentioned compensations in inbound, domestic, and outbound travel accident insurance shall be agreed upon between the travel agency and the underwriting insurance company.
Chapter III Insurance Period and Insurance Amount
Article 6 For inbound tours organized by travel agencies, the period of travel accident insurance shall begin when the tourist joins the travel itinerary arranged by the travel agency after entering the country and shall end when the travel itinerary is completed and the tourist completes exit formalities to leave the country.
For domestic and outbound tours organized by travel agencies, the period of travel accident insurance shall begin when the tourist boards the transportation arranged by the travel agency at the agreed time and shall end when the tourist leaves the transportation arranged by the travel agency at the conclusion of the trip.
If a tourist voluntarily terminates the travel itinerary arranged by the travel agency, the insurance period shall end at the time the tourist ceases the travel itinerary.
Travel that a tourist undertakes independently after terminating the mutually agreed-upon travel itinerary shall not be covered by travel accident insurance.
Article 7 The insurance amount for travel accident insurance arranged by the travel agency for tourists shall not be lower than the following basic standards:
(1) Inbound travel: 300,000 RMB per tourist;
(2) Outbound travel: 300,000 RMB per tourist;
(3) Domestic travel: 100,000 RMB per tourist;
(4) One-day tours (including inbound, outbound, and domestic travel): 30,000 RMB per tourist.
Article 8 For special tourism activities such as mountaineering, hunting, rafting, and car and motorcycle rallies organized by travel agencies, the insurance amount may be agreed upon with the insurance company based on the risk level of the activity, above the basic insurance amount standards specified in Article 7 of these Provisions.
Chapter IV Insurance Procedures
Article 9 Travel agencies arranging travel accident insurance must do so through domestic insurance companies.
The tenth clause: When organizing group tours, travel agencies shall clearly include the terms of travel accident insurance in the contracts signed with tourists.
The terms of travel accident insurance shall include the following contents:
(1) Insurance premium;
(2) Insurance amount;
(3) The compensation ratios for various types of travel accident incidents agreed upon between the travel agency and the underwriting insurance company.
The eleventh clause: The procedures for purchasing travel accident insurance shall be handled once by the organizing travel agency, and the receiving travel agency shall not purchase insurance again.
The twelfth clause: The organizing travel agency shall sign the insurance contract as stipulated, the Travel Accident Insurance Contract, with the underwriting insurance company.
The thirteenth clause: Travel agencies may handle the procedures for purchasing travel accident insurance from insurance companies in the following ways:
(1) Handling the insurance procedures with the insurance company once for each organized tour group;
(2) Handling the annual insurance procedures with the insurance company in one go based on the number of tourists organized in the previous year.
The fourteenth clause: Travel agencies shall agree with the underwriting insurance company on the valid claim period for travel accident insurance within the insurance terms, which shall generally be within 180 days from the date of the incident.
The fifteenth clause: Travel agencies shall purchase travel accident insurance for tour guides and team leaders they dispatch to provide services to tourists.
The sixteenth clause: The selling price of travel agencies shall include the travel accident insurance premium, which may be listed as a separate item.
The seventeenth clause: When a tourist suffers an accident within the insurance validity period that falls within the scope of insurance liability, the travel agency shall promptly obtain valid certificates from public security, medical, the underwriting insurance company or its branches and sub-branches at the site of the accident, and the organizing agency shall handle the claims process with the underwriting insurance company.
For the compensation of small amounts of lost luggage or personal belongings of tourists, travel agencies shall stipulate with the underwriting insurance company within the insurance terms; within the agreed amount, the travel agency may advance the payment to the tourist first, and then handle the compensation procedures with the underwriting insurance company based on the claims application and proof of loss.
Chapter V: Industry Supervision
The eighteenth clause: Tourism administrative departments of people's governments at or above the county level shall, in accordance with the relevant provisions, supervise and inspect the handling of travel accident insurance by travel agencies, and include the status of travel accident insurance purchase and claims in the annual inspection of travel agencies.
The nineteenth clause: Travel agencies shall properly keep all materials related to the purchase and claims of travel accident insurance, and accept inspections by tourism administrative departments; after a claims case occurs, they shall promptly report the claims situation to the local tourism administrative department for the record.
The twentieth clause: Travel agencies shall choose insurance companies with good reputations in insurance business, wide service networks, and no records of poor business conduct to purchase insurance.
Chapter VI: Penalties
The twenty-first clause: If a travel agency violates the fourth clause of these regulations by failing to purchase travel accident insurance for tourists, the tourism administrative department shall order it to make corrections within a specified time limit; if there are illegal gains, such gains shall be confiscated; if corrections are not made within the time limit, the agency shall be ordered to suspend operations for rectification for 15 to 30 days, and may also be fined between 5,000 and 20,000 RMB; in serious cases, its license shall be revoked.
The twenty-second clause: If a travel agency violates the seventh clause of these regulations by purchasing travel accident insurance for tourists at an amount lower than the basic standard set forth in these regulations, or if it violates the fifteenth clause by failing to purchase travel accident insurance for tour guides and team leaders it dispatches to provide services to tourists, the tourism administrative department shall order it to make corrections within a specified time limit and issue a warning; if corrections are not made within the time limit, it shall be fined between 5,000 and 10,000 RMB.
The twenty-third clause: If a travel agency violates the eighteenth or nineteenth clause of these regulations by refusing to accept the management and supervision of the tourism administrative department, the tourism administrative department shall order it to make corrections within a specified time limit and issue a warning; if corrections are not made within the time limit, it shall be ordered to suspend operations for rectification for 3 to 15 days, and may also be fined between 3,000 and 10,000 RMB.
The twenty-fourth clause: If a travel agency disagrees with the administrative penalty imposed by the tourism administrative department, it may, within fifteen days from the date of receiving the penalty notice, apply for reconsideration to the people's government at the same level as or the higher-level tourism administrative department that made the penalty decision, or it may directly file a lawsuit with the people's court; if it still disagrees with the reconsideration decision of the higher-level tourism administrative department, it may, within fifteen days from the date of receiving the reconsideration notice, file a lawsuit with the people's court.If it neither applies for reconsideration nor files a lawsuit within the time limit, nor complies with the penalty decision, the tourism administrative department that made the penalty decision may apply to the people's court for compulsory enforcement.
Chapter VII: Supplementary Provisions
The twenty-fifth clause: These regulations shall be interpreted by the National Tourism Administration.
Article 26 These Regulations shall come into force as of September 1, 1997.
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