People or their relatives would be able to seek compensation from liability insurance due to death or injuries sustained while on a tour, regardless of fault, says an amendment to the Act for the Development of Tourism (發展觀光條例), which passed its third reading at the Legislative Yuan yesterday.
The amendment would take effect once promulgated by President Tsai Ing-wen (蔡英文).
Additionally, water sports service operators must provide liability insurance for customers, the amendment says.
Photo: CNA
Settling such claims usually takes a long time, as liability must be ascertained before compensation can be paid, the Tourism Bureau said.
The amendment would shorten the time for claimants to receive compensation, the bureau said.
The amendment says that if a member of a tour group or staff member from the tour provider dies or sustains injuries, claimants can seek compensation from liability insurance, regardless of whether the person was responsible for the incident.
The scope and amount of the compensation is to be determined by the Tourism Bureau, the amendment says.
For people who die on a tour, order of precedence for claimants starts with parents, followed by children and spouses, grandparents, grandchildren and siblings, it says.
The amendment says that water sports operators must purchase liability insurance on behalf of their customers due to the popularity of water sports.
The same requirement applies to operators that offer venues and equipment for watersports, it says.
Insurance benefits would be deemed part of damages payable by policyholders and may be deducted when they are subject to a claim for damages, it says.
In accordance with provisions of the Electronics Signatures Act (電子簽章法), an article was added to the tourism act to recognize the validity of liability insurance contracts.
Chinese National Party (KMT) Legislator Tseng Ming-chung (曾銘宗), who proposed the amendment, said the changes were drafted by consulting regulations of compulsory automobile liability insurance.
“The amendment clearly stipulates that tourism and water activity operators should purchase liability insurance on behalf of their customers, and formulates the order of requests, so that travelers and relatives can be protected,” Tseng said.
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