[Asia Economy Reporter Oh Hyung-gil] Ms. Josujin (31) went on a package tour to New Zealand for her winter vacation. During the trip, the tour bus was involved in a minor collision, and due to sudden braking, she hit her head on the front seat. Although it was not a serious accident, her health deteriorated that evening, and she requested the travel agency to arrange her return home, but was told it was impossible. Two days after the accident, her condition worsened, and she was hospitalized at a local hospital. Ultimately, Ms. Jo had to return home through an overseas patient transfer service.
As more people travel abroad during holiday periods, the number of injuries during overseas trips is also increasing. Disputes over liability with travel agencies are also on the rise.
In cases like Ms. Jo’s, where a passenger suffers psychological injury due to a collision caused by the negligence of a bus driver during an overseas package tour, insurance experts point out that it is necessary to determine whether the travel agency is liable for compensation covering domestic and overseas medical expenses, overseas stay costs for treatment and accident handling, repatriation transportation costs, and international phone charges.
Travel agencies selling package tour products have specialized knowledge about the trip and destination and hold a superior position, allowing them to unilaterally decide contract terms regarding destinations or use of travel facilities. On the other hand, travelers generally enter into travel contracts based on the conditions presented by the travel agency.
Travel agencies have a duty to protect the life, body, and property of travelers, as well as a duty of care based on good faith to ensure safety.
Civil law stipulates that if there are unavoidable reasons, either party may terminate the contract. If the reason arises from the fault of one party, that party must compensate the other for damages. Even if the contract is terminated, the travel agency, which has an obligation to provide repatriation transportation under the contract, must still fulfill this duty.
In particular, according to Supreme Court precedents, if a traveler is injured due to the travel agency’s negligence during an overseas package tour (such as being injured in a tour bus traffic accident), the travel agency’s liability for damages extends to overseas stay costs for accident handling and treatment, repatriation transportation costs, and international phone charges.
In other words, Ms. Jo’s travel agency is liable not only for medical expenses in New Zealand but also for overseas stay costs for treatment, repatriation transportation costs to transfer her to a domestic hospital, and communication costs incurred from international calls with family in Korea.
An insurance industry official said, "When purchasing a travel agency’s package tour product, it is important to carefully review the contract’s specified travel details, contract purpose, travel expenses, and excluded items," adding, "It is advisable to check whether the travel agency has repatriation transportation obligations if a traveler is injured during the trip."
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