Article 8. The tourist's compulsory insurance contract and the procedure for its conclusion Chapter 3. The tourist's compulsory insurance contract The Law On Compulsory Tourist Insurance

Home / RLA / Article 8. The tourist's compulsory insurance contract and the procedure for its conclusion Chapter 3. The tourist's compulsory insurance contract The Law On Compulsory Tourist Insurance

1. Compulsory tourist insurance is carried out on the basis of a contract concluded between the policyholder and the insurer in favor of the insured in accordance with this Law and the Civil Code of the Republic of Kazakhstan (Special part).

The conclusion of a voluntary insurance contract by the insured does not release the policyholder from the obligation to conclude a compulsory tourist insurance contract.

2. Excluded by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (effective from 01/01/2019).

3. The insurer has no right to refuse the policyholder to conclude a compulsory tourist insurance contract, except in cases stipulated by the laws of the Republic of Kazakhstan.

4. Under the tourist's compulsory insurance contract, the policyholder undertakes to pay the insurance premium, and the insurer undertakes, upon the occurrence of an insured event, to make an insurance payment to the insured (beneficiary) on the basis of the concluded contract, taking into account the requirements of this Law, with the exception of claims related to compensation for moral damage and lost profits, as well as payment of a penalty.

5. A tourist's compulsory insurance contract is concluded by the insurer issuing an insurance policy in electronic form and an insurance certificate to the policyholder.

When concluding a compulsory tourist insurance contract, the policyholder, depending on the country (place) of temporary stay and the number of travel days specified in the travel service contract, chooses one of the insurance programs provided for in the appendix to this Law, according to which the maximum amount of liability of the insurer (insured amount) and the types of expenses to be reimbursed meet the requirements international agreements and the legislation of the country (place) of temporary stay of the insured in terms of life and health insurance of the tourist.

The basis for concluding a tourist's compulsory insurance contract is the policyholder's statement containing the data necessary to calculate the insurance premium and identify the insured.

The responsibility for the incompleteness of the conditions to be specified in the tourist's compulsory insurance contract is borne by the insurer. In the event of a dispute arising under the insurance contract due to the incompleteness of its individual terms, the dispute is resolved in favor of the policyholder.

The policyholder is obliged exclusively through a travel agent:

issue an insurance certificate to each insured person;

at the request of the insured, submit an insurance policy.

5-1. The requirements for the content and design of an insurance policy and insurance certificate for compulsory tourist insurance are established by the legislation of the Republic of Kazakhstan on insurance and insurance activities.

6. Compulsory insurance of tourists is carried out by insurance organizations licensed to carry out insurance activities for this type of compulsory insurance.

7. If the tourist's compulsory insurance contract is concluded on terms that worsen the situation of the policyholder and the insured in comparison with those provided for by this Law, then upon the occurrence of an insured event, the insurer shall bear obligations to the policyholder and the insured on the terms established by this Law.

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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