Travel agencies selling travel accident insurance: premium withholding and fake free-insurance issues
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Some travel agencies, under the pretext of arranging or gifting travel accident insurance, withhold premiums, offer fake free insurance, or fail to insure, giving rise to compliance and compensation disputes. Judicial rulings have clarified that free-insurance promotions can constitute a contractual offer, and a travel agency in breach must bear compensation liability within the insurance coverage amount. In the Xining case, the travel agency collected a 200 yuan premium but actually spent only 10.2 yuan, and the difference was found to be unjust enrichment; in the Qingyuan case, the tour fee included insurance but no insurance was purchased, and the travel agency was ordered to pay 100,000 yuan in compensation. Related reports suggest that travel agencies should implement reminders and disclosures, authorization confirmation, insurance placement and policy delivery, while tourists need to check policies and verify their authenticity through the insurance company's official channels.
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- China Tourism NewsUsing Insurance to Build a Safety Defense Line for Travel: Compliance Boundaries of Travel Agencies' Insurance Placement on Behalf of Travelers and Complimentary Insurance
In response to issues such as some travel agencies withholding premiums under the guise of placing or gifting travel accident insurance, falsely claiming to gift insurance, and failing to insure, judicial rulings have made clear that promotional claims about complimentary insurance can constitute a contractual offer, and a travel agency in breach of contract must bear compensation liability within the insurance amount. In the Xining case, the travel agency collected a premium of 200 yuan but actually spent only 10.2 yuan, and the difference was found to be unjust enrichment; in the Qingyuan case, the tour fee included insurance but no insurance was purchased, and the travel agency was ordered to pay 100,000 yuan in compensation. Travel agencies should implement reminders and disclosures, authorization confirmation, insurance placement, and policy delivery, while travelers need to check their policies and verify their authenticity through the insurance company's official channels.
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