Article 12. Rights and obligations of the policyholder and the insured under the Law on Compulsory Tourist Insurance

Home / RLA / Article 12. Rights and obligations of the policyholder and the insured under the Law on Compulsory Tourist Insurance

1. The Policyholder has the right to:

1) require the insurer to explain the terms and procedure of compulsory tourist insurance, their rights and obligations under the contract of compulsory tourist insurance;

2) excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (effective from 01.01.2019); 3) excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (effective from 01.01.2019);

3-1) apply to the insurer, taking into account the specifics provided for in Article 20-1 of this Law, or to the insurance ombudsman or to the court to resolve issues arising from the tourist's compulsory insurance contract;

4) send the application and the attached documents to the insurance Ombudsman (directly to the insurance Ombudsman, including through his online resource, or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource), taking into account the specifics provided by the Law of the Republic of Kazakhstan "On Insurance Activities";

5) terminate the tourist's compulsory insurance contract ahead of schedule.

2. The Policyholder is obliged to:

1) conclude a compulsory tourist insurance contract with an insurer with an appropriate license;

2) pay the insurance premium in the amount, procedure and terms established by the tourist's compulsory insurance contract;

3) within two working days at the latest, when he became aware of the occurrence of the insured event, notify the insurer about it (orally, in writing). The oral communication must be subsequently confirmed in writing.;

4) when concluding a tourist's compulsory insurance contract, provide the insurer with the information necessary for entering into the tourist's compulsory insurance contract.;

5) notify the person to whom the policyholder has sold a tourist product formed by a tour operator in the field of outbound tourism about the conclusion of a compulsory tourist insurance contract with the insurer in favor of this person.

2-1. The Insured has the right to:

1) to choose an insurer for concluding a compulsory tourist insurance contract;

2) get an insurance certificate and, if necessary, an insurance policy;

3) require the insurer and (or) the policyholder to explain the terms and procedure of compulsory tourist insurance, their rights and obligations, reflected in the insurance policy and insurance certificate;

4) inform the insurer about cases of non-provision, incomplete or substandard provision of services under the tourist's compulsory insurance contract;

5) get acquainted with the amount of the insurance payment made by the insurer;

6) apply to the insurer, taking into account the specifics provided for in Article 20-1 of this Law, or to the insurance ombudsman or to the court to resolve issues arising from the tourist's compulsory insurance contract;

7) send the application and the attached documents to the insurance Ombudsman (directly to the insurance Ombudsman, including through his online resource, or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource), taking into account the specifics provided by the Law of the Republic of Kazakhstan "On Insurance Activities".

8) receive an insurance payment in the cases stipulated by this Law.;

9) get a duplicate of the insurance certificate and, if necessary, a copy of the insurance policy in case of their loss.

2-2. The Insured is obliged to:

1) when concluding a tourist's compulsory insurance contract, provide the policyholder with the information necessary for entering into the tourist's compulsory insurance contract.;

2) to get acquainted with and strictly comply with the terms of the tourist's compulsory insurance contract, as reflected in the insurance policy and insurance certificate;

3) ensure the safety of the insurance policy (if any) and (or) the insurance certificate and supporting documents related to the insured event;

4) take measures to reduce losses from the insured event;

5) upon the occurrence of an insured event, immediately notify the assistance company in person or through a representative using any of the available communication methods specified in the insurance certificate, provide information about the insurance certificate and (or) the insurance policy of the assistance company in order to organize technical, medical and other assistance, coordination of actions and expenses;

6) upon the occurrence of an insured event, follow the recommendations, instructions of the assistance company, the insurer and other competent persons, authorities of the country (place) of temporary stay;

7) provide the insurer with the available documents necessary to clarify the circumstances of the nature and extent of the damage caused by the insured event;

8) if medical assistance is received in an emergency and it is impossible to immediately notify the assistance company of the insured event for good reasons, notify the assistance company of the incident within two days or as soon as possible;

9) submit documents in a foreign language with a notarized translation into Kazakh or Russian at the request of the insurer.;

10) ensure that the right to reverse the claim against the person responsible for the occurrence of the insured event is transferred to the insurer.

3. The tourist's compulsory insurance contract may provide for other rights and obligations of the policyholder and the insured that do not contradict the legislative acts of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated December 31, 2003 No. 513.

This Law regulates public relations arising in connection with compulsory tourist insurance and establishes the legal, economic and organizational basis for its implementation.

President

Republic of Kazakhstan

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