Tourism Traffic Accident Damage Compensation And Travel Agency Liability Insurance System Thinking

The compensation for travel transport accidents usually involves multiple parties. As a result, such compensation differs from general transport accidents in that it has different responsibility principles, obligation parties as well as compensation scope and standards. And the different viewpoints on relevant law can also lead to very different judgments on similar disputes. Concerning maintaining the unification of law, I feel I need to point out some relevant bigger issues of the law. The travel agency should be the first to bear the brunt of undertaking responsibility on damage compensation for breach of contract and such risk has not been able to be shifted through the travel agency liability insurance. So it is also necessary to discuss how to perfect the relevant insurance mechanism.This paper will discuss the compensation for travel transport accident damage and the travel agency liability insurance system, which includes the following three parts:The first part of the paper will discuss the relevant legislation for compensation on travel transport accidents damage. It will mainly analyze the different responsibility principles, obligation parties as well as rules, scope and standards on compensation for breach of contract damage and tortious damage; and also identify the legal status, liability of each parties involving compensation for travel transport accidents damage.The second part will discuss legal issues and countermeasures on compensation for travel transport accidents damage. It will list five vexed disputes focuses which affect the knowledge in the theorists and judgment in the judicial practice, and will use the relevant law viewpoints which are already clear in the first part to carry on analysis on these issues and propose the solutions. It mainly includes probability of compensation responsibility burdened on the travel agency for tortious damage, tourists' lawsuit choices, the travel agency compensation scope for breach of contract damage, the unity compensation standards on damage and so on.The third part will discuss the existent insufficiency on travel agency liability insurance system and ponder its perfectness. The travel agency liability insurance is a primary remedy way for the travel agency to undertakes its compensation responsibility for travel transport accidents damage, so this paper will explore and contrast the travel agency liability insurance systems in our country and foreign countries (districts) to analyze the realistic situations on our system and discover the serious limitation in this system. The paper will also propose some suggestion to perfect this system by profiting from the the travel insurance system in Taiwan.