LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 31, 2003 No. 513-II

About compulsory insurance of the tourist

This Law governs the public relations arising in connection with compulsory insurance of the tourist and establishes legal, economic and organizational basis of its carrying out.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) assistans - the organization assistans the company insured the help through technical, medical and other assistance owing to loss occurrence;

2) assistans the company - the legal entity who signed with the insurer the agreement on provision to the tourist who is going abroad (insured) of assistans within the agreement of compulsory insurance of the tourist;

3) the beneficiary - person who according to this Law is receiver of insurance payment;

4) insured event - event with which approach the agreement of compulsory insurance of the tourist provides implementation of insurance payment to insured (beneficiary);

5) insurance ombudsman - the independent physical person in the activities performing settlement of disagreements between participants of the insurance market according to the Law of the Republic of Kazakhstan "About insurance activity";

6) the insurance certificate - the document testimonial of availability of the operating insurance protection concerning insured and containing information on insurance coverage conditions on the insurance risks accepted on insurance, drawn up by the insurer in confirmation of the signed insurance contract (insurance policy);

7) insurance sum - amount of money for which object of insurance is insured and which represents limiting scope of responsibility of the insurer in case of loss occurrence;

8) insurance premium - amount of money which the insurer shall pay to the insurer for adoption by the last of obligations to make insurance payment to insured (beneficiary) in the amount of, determined by the agreement of compulsory insurance of the tourist;

9) insurance payment - the amount of money paid by the insurer to insured (beneficiary) within insurance sum in case of loss occurrence;

10) the insurer - the insurance organization which obtained the license for the right of implementation of insurance activity in industry "general insurance" or industries "life insurance", obliged to make in case of loss occurrence insurance payment to insured (beneficiary) within the amount (insurance sum) determined by the agreement;

11) insured - the tourist who is going abroad;

12) insurer - the tour operator in the sphere of outbound tourism who signed with the insurer the agreement of compulsory insurance of the tourist for benefit of insured;

13) travel agent - the physical person or legal entity performing business activity on promotion and realization of the tourist product created by tour operator in the sphere of outbound tourism;

14) compulsory insurance of the tourist - complex of the relations on protection of valuable interests insured, the contingencies connected with risk of origin owing to the events specified in this Law.

Article 2. Legislation of the Republic of Kazakhstan on compulsory insurance of the tourist

1. The legislation of the Republic of Kazakhstan on compulsory insurance of the tourist is based on the Constitution of the Republic of Kazakhstan and consists of the Civil code of the Republic of Kazakhstan, this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

3. The provisions of this Law applied in relation to the insurer including insurance company, extend to the branches of the insurance nonresident organizations of the Republic of Kazakhstan opened in the territory of the Republic of Kazakhstan.

Article 3. Purpose and main objectives of compulsory insurance of the tourist

1. The purpose of compulsory insurance of the tourist is ensuring insurance protection of valuable interests insured in case of contingencies owing to the events recognized as the insured events specified in this Law.

2. The main objectives of compulsory insurance of the tourist are:

1) ensuring protection of valuable interests insured in the amount and procedure established by this Law;

2) implementation by tour operator in the sphere of outbound tourism of the activities in the presence of the agreement of compulsory insurance of the tourist concerning each tourist;

3) economic interest of tour operator and travel agent in increase in safety of provision of tourist services.

Article 4. Object of compulsory insurance of the tourist

Object of compulsory insurance of the tourist is valuable interest insured, lives to which health harm as a result of approach of the insured events specified in this Law is done.

Chapter 2. Ensuring functioning of system of compulsory insurance of the tourist

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