Analysis On The Problems Of Third Party Liability Insurance

With rich tourist life, travel infringement disputes increasing, while in these tourism infringement disputes, the phenomenons of Tourism assisted human tort cause breach are increasing. How to determine their legal status,How to divide their responsibilities in tort disputes, How to identify mental damages standards and other issues are also very worthy of study.In this case, the travel agency A transfer tourism business that Has not been agreed to tourists lead to the tourists injured, Tourists sued travel to the grounds of infringement lawsuit.resulting in personal injury tourists, then the tourists Request travel agencies should undertake joint obligation, travel B to participate as third party litigation. During the course of the trial, both sides have differences on the subject of liability for tort and the amount of compensation for mental injury problems. In the tour operator of breach and tort liability concurrence circumstances, how to determine the tour operators, perform the legal responsibility of the auxiliary, travel dispute whether can apply moral damage compensation, often become the focus of such cases. For solving such problems, interpretation and in-depth study of the relevant legal issues are particularly important, although not a direct tort feasor, as an adjunct to perform auxiliary tour operators who fulfill contractual obligations tourism service providers, all of their actions on behalf of the tour operators, in addition, tour operators as a contract The opposite party, bears the personal safety of tourists and security obligations, without the presence of tourists agreed to transfer the fault of the travel business, should be held accountable, the tour operator should bear responsibility and liability for infringement. Mental damages standards should further clarify, we recommend that mental damage liability is defined as the personal scope of application specific property infringement and infringement will be more conducive to safeguarding the legitimate rights and interests of tourists. In this case, based on "a number of interpretation travel dispute" Article10, the Court is clear:transfer of personal travel time between the consequences of the damage caused by tourists, jointly and severally liable with the transferor to the transferee, and support the spirit of the request for damages for tourists meet the requirements of fairness and justice.