Twenty-three-year-old girl was seriously injured when she crashed into a reef on a motorboat in Thailand (Source:)
On March 4, a female netizen tweeted that she had ordered a one-day tour group of Pattaya Grand Island, Thailand, organized by a travel agency on the e-commerce platform. However, during the sea project, she was rescued in ICU because her coach was driving a motorboat too fast and accidentally hit a rock. After her coach was injured, she was also seriously injured. The woman said that although there was insurance at the time of signing the project, hospitalization costs in Thailand were high and more than 300,000 baht (about 60,000 yuan) had been spent. What makes her chill is that before she recovers, the travel agency and the local person in charge of the motorboat project pass the buck on each other.
This afternoon, the Yangtze Evening News reporter Ziniu contacted Miss Kim, who is still in a hospital in Thailand. She said that she is now out of danger of life. Although she is lying in bed, she is still negotiating with relevant parties. Subsequently, Ziniu journalist came to Nanjing Excellent International Travel Agency. A person in charge told Ziniu journalist that she was surprised by Miss Jins article because she had purchased insurance and the relevant procedures were being implemented. She had no need to worry at all.
Young Girls Online Shopping for a Days Sea Tour in Thailand
Accidentally and severely injured while experiencing a project
Miss Jin told Ziniu News that she was 23 years old and had just graduated from university. In late February, she made an appointment with friends to travel to Thailand. She ordered a one-day tour of Pattaya Grand Island in Thailand organized by Nanjing Excellent International Travel Agency on an e-commerce platform, and chose one of the water motorboat projects. What she didnt expect was that she had an accident while experiencing the project.
According to Miss Jin, at 14 oclock on February 22, 2019, Miss Jin, who was experiencing water sports, was still in a state of surprise. She was carrying her motorboat at a faster speed. Unexpectedly, the driving coach failed to control it properly. They collided with the motorboat and collided with the reef at sea. Miss Jin was directly hit and flew into the sea. As Miss King was sitting in front of the motorboat at the time of the accident and her coach was sitting in the back, her body was directly impacted, and many injuries occurred. The most serious injuries were the lungs, ribs, hips and legs. After being rescued in time, she was sent to the ICU intensive care unit of a local hospital and subsequently underwent lung surgery. According to Miss Jins description to Ziniu News, all parts of her body were injured except for her good hands. In the accident, the coach who was driving the motorboat behind Miss King had just broken his finger.
Miss King was rescued after an accident
Because of her serious injuries and shock when she fell into the sea, Miss King suffered temporary amnesia after she was rescued by rescue workers. She only remembered her name. Afterwards, rescuers and tourists helped her contact the tour guide, find her companions and call the police.
Miss Kim wrote in her microblog: At that time, I was amnesia, only remembered my name, and nothing else, so that the police came to know the scene and distorted the facts. She told the police in Thai that it was my own motorboat accident. Then the rescuers sent me to Bangkok Hospital in Pattaya for emergency treatment in a lifeboat. Now the travel agency and the local government take over the responsibility, and the accident is not responsible for the treatment of my serious injuries... I dont know how many X-rays I have taken. I have also had a CT scan and a general examination. My lungs are badly injured. Even breathing is painful. Laughter and cough are deadly pains.
As for how Miss Kim deciphered the conversation between the tour guide and the local police, she said that she was a Chinese photographer who went out with the sea, and the other party just understood Thai. When she helped her, she quietly told her that.
Group Travel Agency, Group Travel Agency, Group Travel Agency, Group Travel Agency, Group Travel Agency, Group Travel Agency, Group Travel Agency, Group Travel Agency, Group Travel Agency, Group Travel Agency, Group Travel Agency and Group Travel Agency.
Motorcycle Boss Three-way Bullying?
After the accident, I was rushed to the local hospital for rescue and was admitted to the ICU intensive care unit. The memory was restored after the operation, but the more sad thing came again. Said Miss King.
Ms. Kim told Ziniu that she had signed an insurance contract before the experience project. If there was a safety accident, she could get a quota of 500,000 baht (about 100,000 yuan) for treatment and other expenses. But Thailands hospitals were expensive and the money was not enough in terms of current health conditions. A few days ago, 120,000 baht was spent in ICU and rescue work. Now the ward costs 56,000 yuan a day, and now it has spent more than 300,000 baht. Because of lung surgery, after a period of time can be discharged, but can not immediately return home, the doctor said to restore a week or two to review, the lungs are no problem before flying. Said Miss King.
Miss King is lying in bed
Now facing continued treatment, continue to burn money; follow-up rehabilitation, compensation and so on, worried Miss Jin contacted the Nanjing Excellent International Travel Agency, which ordered the tourism project online at that time, as well as the local Thai tour group, as well as the owner of the motorboat project who injured herself when experiencing, hoping to resolve the subsequent hospitalization and treatment recovery through consultation. Check the cost and get the compensation. But to Miss Kims disappointment, all three parties said that she could take insurance first.
Subsequently, Ms. Jin learned that the project she reported also included a liability insurance for a domestic travel agency. She then consulted the e-commerce customer service of the Nanjing Excellent International Travel Agency franchise. The customer service responded that the insurance was complete, but the domestic insurance needed to retain the certificate, and then sued the travel agency liability until the court decided that it was the responsibility of the travel agency, the liability insurance would be launched.
In response, Ms. King said she could not accept it. She told Ziniu News that she had just graduated from university, and now she has been hospitalized for more than ten days. Every day, she had to be injected, checked and treated continuously, and her body was painful. Every time I ask them about customer service and after-sales, they say they take insurance, and then let me sue, not to say they are responsible for my injuries, and nobody comes to see me in the hospital. In the morning, the Thai travel agency came to take my passport, although it was returned to me later, but I was a little afraid. Until I sent this matter to Weibo to find a lot of big V, there are many people concerned, there are only travel agents, including the owner of the motorboat project, the landlady to the hospital. Miss Kim said that it was the coach who drove his motorboat too fast that caused the car to crash into the reef and trigger a safety accident, but Thailands local attitude has been worse. After Ms. Jins companions called the police, they answered the police and said that Ms. Jin had caused the accident herself, and the coach involved would not come back home after the accident.
Miss King was sent to the doctor after an accident
Nanjing Excellent International Travel responded without passing the buck.
Complete insurance procedures with a total amount of 1 million yuan
Then, how did the Nanjing Excellent International Travel Group behave in this incident? At 4 p.m., Ziniu journalist came to Nanjing Excellent International Travel Group on Yunjin Road. The reception hall is neat, and dozens of office workers are busy sitting in front of the computer. After contacting, a person in charge of the company, surnamed Song, received the reporter.
We saw the microblog she posted on the Internet, and we dont know why she said that. If we dont care about her, why can she still receive treatment in the hospital? Song always said, as for Miss Jins microblog, she said, Let me sue them if I have the ability, and not win, and bear all the costs and losses of treatment and the aftermath of the future. Mr. Song showed some helplessness, he said: We have not said such a thing, after the accident, we are all in accordance with legal procedures, first go overseas insurance, let her in the legitimate Thai hospital for treatment. After receiving the news, our company immediately dispatched staff to take care of and accompany Miss Kims Thai hospital, and also informed Miss Kims family at the first time. We also have staff to keep in touch with Miss Kims father, but so far her family has not traveled to Thailand.
Then, what should Miss Jin do about the medical expenses and the rehabilitation after her subsequent return? Mr. Song also explained, Miss Jin is the whole Thai journey purchased on the online platform. There are three different kinds of insurance in the whole journey, namely, travel agency liability insurance, local travel agency insurance and personal accident insurance for passengers. At present, Miss Jins medical expenses. These insurance (offshore) compensation is fully covered, even the Thai section of the insurance compensation has not been exhausted.
In order to facilitate understanding, Song also gave reporters a detailed description. The insurance we buy cant be superimposed, and cant be paid in one lump sum, which means that only when the payment of A insurance is used up, can the payment of B insurance be started. Song explained that, in other words, Miss Jin currently uses overseas insurance shares, and the travel liability insurance purchased through their travel agencies has not yet started, nor is it useful. The insurance coverage is RMB 1 million, which is enough for subsequent use. Song said that there was no need for Miss Jin to worry about medical expenses at present.
As for the follow-up rehabilitation treatment in China, Mr. Song told reporters, After returning to China, the insurance for rehabilitation treatment is also in progress in the normal third-class hospitals in China. Insurance companies need us to provide a variety of materials, after the completion of the process, can be compensated. Weve all shown him the insurance policy, and the process is going.
Everyone is very concerned about Miss Kims current injuries. Mr. Song also learned from Thai staff that Miss Kim was injured in the chest before, and we dont know the details, but she is now in the recovery stage, and her health is not a big problem. For Ms. Jins microblog, Mr. Song also expressed his understanding: they are looking for local staff, may be inconvenient communication, information communication is also biased, a girl alone in a foreign country, but also can understand this mood.
Lawyers point of view:
Before the accident, Miss Jin booked and participated in a travel group organized by a domestic travel agency through a network platform. Before the accident, Miss Jin established a legal relationship with the travel service contract. According to the relevant laws and regulations such as the Contract Law and the Tourism Law, tourism operators should guarantee the personal and property safety of tourists in the process of providing services.
Projects purchased by Miss King
Because tourists are experiencing accidents while going to sea, and compared with other tourism projects, going to sea by motorboat is itself a high-risk tourism project, so whether the project provides tourism projects for travel agencies agreed in the travel service contract is very important for judging the responsibilities of all parties. According to the name of the tour group one-day trip to the sea on Pattaya Grand Island, Thailand, the sea-going project may be one of the tourism projects arranged by the travel agency, but it is the specific responsibility of the local reception agency in Thailand.
For example, as one of the tourism services provided by the project for tourism operators, the lack of safety awareness and professional training of motorboat coaches and driving too fast have resulted in serious personal injury to tourists. The service provided by the travel agency obviously does not conform to the travel contract between the two parties, and the travel agency constitutes a breach of contract; at the same time, it also infringes on the personal safety of tourists, which is also a kind of tort. For.
Article 70 of the Tourism Law stipulates that if a travel agency fails to fulfill its contractual obligations for package tourism or fails to meet the contractual obligations, it shall bear the liabilities for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses, etc. If it causes personal injury or property damage to tourists, it shall bear the liabilities for compensation according to law; Article 71 stipulates that due to local joining or performing assistants. If the reason leads to a breach of contract, the association shall bear the responsibility; after the association assumes the responsibility, it may join the local association and recover the compensation from the assistant. If the personal injury and property loss of tourists are caused by the reasons of joining the local community and performing the assistant, the tourists may ask the local community to join the community and fulfill the assistants liability for compensation, or the organizing community may be required to assume the liability for compensation; after the organizing community assumes the responsibility, it may join the local community and recover the compensation from the assistant. Therefore, if the accident occurs due to improper driving of motorboat coaches arranged by local associations, causing Miss Jins personal injury, Miss Jin can claim to join the local associations, perform assistants liability for compensation, or ask the associations to assume compensation liability; after the associations assume responsibility, they can contact the local associations and perform assistants compensation.
As for insurance claims, the travel agency has insured the liability insurance of the travel agency. What it insures is the liability of the travel agency for accidents caused by negligence and negligence in the process of organizing tourism activities. It involves the legal relationship between the travel agency and the insurance company, depending on the agreement of the insurance contract. According to the Regulations on the Administration of Liability Insurance for Travel Agencies, insurance accidents occur in travel activities organized by travel agencies. If travel agencies or injured tourists, tour guides or team leaders notify insurance companies, insurance companies shall promptly inform them of specific compensation procedures and other related matters. After the occurrence of an insurance accident, when a travel agency requests insurance company to compensate for the insurance money in accordance with the insurance contract, it shall provide the insurance company with the relevant certificates and information it can provide to confirm the nature, cause and degree of loss of the insurance accident. If an insurance company considers that the relevant certificates and information are incomplete in accordance with the stipulations of the insurance contract, it shall promptly notify the travel agency once and for all to provide additional information. In this case, it is suggested that Miss King should contact the insured company as soon as possible to help solve the problem and keep the relevant procedure vouchers when seeking medical treatment, so as to avoid delays caused by lack of procedures in the follow-up. Source: Ziniu News Author: Editor-in-Charge of Ai Lu Qimei Jianming: Su Hong-hun_NBJ9980
As for insurance claims, the travel agency has insured the liability insurance of the travel agency. What it insures is the liability of the travel agency for accidents caused by negligence and negligence in the process of organizing tourism activities. It involves the legal relationship between the travel agency and the insurance company, depending on the agreement of the insurance contract. According to the Regulations on the Administration of Liability Insurance for Travel Agencies, insurance accidents occur in travel activities organized by travel agencies. If travel agencies or injured tourists, tour guides or team leaders notify insurance companies, insurance companies shall promptly inform them of specific compensation procedures and other related matters. After the occurrence of an insurance accident, when a travel agency requests insurance company to compensate for the insurance money in accordance with the insurance contract, it shall provide the insurance company with the relevant certificates and information it can provide to confirm the nature, cause and degree of loss of the insurance accident. If an insurance company considers that the relevant certificates and information are incomplete in accordance with the stipulations of the insurance contract, it shall promptly notify the travel agency once and for all to provide additional information.
In this case, it is suggested that Miss King should contact the insured company as soon as possible to help solve the problem and keep the relevant procedure vouchers when seeking medical treatment, so as to avoid delays caused by lack of procedures in the follow-up.