КПА
All documents
Source: № 513-II47 min read

On compulsory insurance of a tourist

LegislationCompulsory insuranceGeneral insurance

On compulsory insurance of a tourist

Unofficial English summary prepared for informational purposes. Official source: Әділет / adilet.zan.kz. Version checked: 2026-06-20. This is a reference card; in case of discrepancies, the official Kazakh and Russian texts prevail.

Metadata

Act number № 513-II
Act type Law of the RK
Authority Parliament of the RK
Adoption date 31.12.2003
Last amended 16.01.2026
Status In force
Әділет identifier Z030000513_

Scope and relevance

The law governs compulsory insurance of a tourist; the contract is concluded by the policyholder in favour of the insured person. A special retail line of compulsory insurance linked to tourism activity.

Official source


Official source: Adilet / https://adilet.zan.kz/rus/docs/Z030000513_ The relevance of the editorial office has been verified: 2026-06-20.

Footnote: Footnote. Title as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced from 01/01/2019).

TABLE OF CONTENTS

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

Chapter 1. General provisions

Article 1. Basic concepts used in this Law

This Law uses the following basic concepts:

  1. assistance – organization of assistance by the company to the insured through technical, medical and other assistance due to the occurrence of an insured event;

2) assistance company - a legal entity that has entered into an agreement with the insurer to provide assistance to a tourist traveling abroad (the insured person) under a compulsory tourist insurance agreement;

3) beneficiary - a person who, in accordance with this Law, is the recipient of the insurance payment;

4) insured event - an event upon the occurrence of which the compulsory tourist insurance contract provides for the implementation of insurance payment to the insured (beneficiary);

  1. insurance ombudsman - an individual independent in his activities who resolves disagreements between participants in the insurance market in accordance with the Law of the Republic of Kazakhstan “On Insurance Activities”;

6) insurance certificate - a document indicating the availability of valid insurance coverage in relation to the insured and containing information on the conditions of insurance coverage for insurance risks accepted for insurance, issued by the insurer in confirmation of the concluded insurance agreement (insurance policy);

7) sum insured - the amount of money for which the insurance object is insured and which represents the maximum amount of liability of the insurer upon the occurrence of an insured event;

8) insurance premium - the amount of money that the policyholder is obliged to pay to the insurer for the latter’s acceptance of the obligation to make an insurance payment to the insured (beneficiary) in the amount determined by the compulsory tourist insurance contract;

9) insurance payment - the amount of money paid by the insurer to the insured (beneficiary) within the limits of the insured amount upon the occurrence of an insured event;

10) insurer - an insurance organization that has received a license to carry out insurance activities in the “general insurance” or “life insurance” industry, which is obliged, upon the occurrence of an insured event, to make an insurance payment to the insured (beneficiary) within the limits of the amount specified in the contract (insurance amount);

11) insured – a tourist traveling abroad;

12) the insured is a tour operator in the field of outbound tourism who has entered into a compulsory tourist insurance agreement with the insurer in favor of the insured;

13) travel agent - an individual or legal entity carrying out business activities to promote and sell a tourism product generated by a tour operator in the field of outbound tourism;

14) compulsory tourist insurance - a set of relations to protect the property interests of the insured, associated with the risk of unforeseen expenses due to the events specified in this Law.

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

  1. The legislation of the Republic of Kazakhstan on compulsory tourist insurance 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 an international treaty ratified by the Republic of Kazakhstan establishes rules other than those provided for by this Law, then the rules of the international treaty apply.

3. The provisions of this Law applied to the insurer, including the insurance organization, apply to branches of non-resident insurance organizations of the Republic of Kazakhstan opened on the territory of the Republic of Kazakhstan.

Article 3. Main goals, objectives and principles of this Law

Footnote: Footnote. The title of Article 3 is as amended by the Law of the Republic of Kazakhstan dated April 15, 2025 No. 183-VIII (shall be enforced upon expiration of sixty calendar days after the day of its first official publication).

  1. The main purpose of this Law is to provide insurance protection of the property interests of the insured in the event of unforeseen expenses due to events recognized as insured events specified in this Law.

2. The main objectives of this Law are:

  1. ensuring the protection of the property interests of the insured in the scope and manner established by this Law;

2) the tour operator carries out its activities in the field of outbound tourism in the presence of a compulsory tourist insurance agreement in relation to each tourist;

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

3. The main principle of this Law is to ensure the protection of the property interests and rights of the insured.

Article 4. Object of compulsory tourist insurance

The object of compulsory tourist insurance is the property interest of the insured, whose life or health is harmed as a result of the occurrence of insured events specified in this Law.

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

Article 5. State control and supervision in the field of compulsory tourist insurance

  1. State control over the fulfillment by a tour operator in the field of outbound tourism of the obligation to conclude a compulsory tourist insurance agreement established by this Law is carried out by the local executive body of the region, city of republican significance, capital.

2. State control and supervision over the activities of insurance organizations is carried out by the authorized body for regulation, control and supervision of the financial market and financial organizations (hereinafter referred to as the authorized body) in accordance with the legislation of the Republic of Kazakhstan.

3. State control over the fulfillment by a tour operator in the field of outbound tourism of the obligation to conclude a compulsory tourist insurance agreement is carried out in the form of inspection and other forms.

The inspection is carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan. Other forms of state control are carried out in accordance with this Law.

Article 6. Persons carrying out compulsory tourist insurance

Mandatory insurance of the property interests of the insured is carried out by a tour operator in the field of outbound tourism.

Article 7. Inadmissibility of a tour operator carrying out activities in the field of outbound tourism without concluding a compulsory tourist insurance agreement

A tour operator in the field of outbound tourism does not have the right to carry out activities to provide tourist services without concluding a compulsory tourist insurance agreement.

Article 7-1. Features of compulsory tourist insurance

  1. A legal entity registered as an insurance organization, before receiving a license for the right to carry out compulsory insurance of tourists, is obliged to conclude:

  1. participation agreement with the Insurance Payments Guarantee Fund in the manner prescribed by the Law of the Republic of Kazakhstan “On the Insurance Payments Guarantee Fund”;

2) an agreement on providing assistance to a tourist traveling abroad (insured person) upon the occurrence of events recognized as insured events specified in this Law, with an assistance company that has a 24-hour multilingual coordination center and a regional network in the country (place) of temporary stay of the insured person or contracts with carriers, medical and other institutions licensed to provide services to the insured person.

The volume of assistance for each insured and insured event provided by the assistance company is determined by the maximum amount of liability of the insurer.

Requirements for the assistance company with which the insurer enters into an agreement to provide assistance to the insured, as well as the procedure for interaction between the insurer and the assistance company are established by the regulatory legal act of the authorized body.

3. Insurers have the right to participate in the creation of an organization that creates and maintains an information database on insurance risks, insured events and insurance payments for compulsory tourist insurance.

4. Insurance organizations licensed to carry out compulsory tourist insurance are required to pay mandatory contributions and form contingent liabilities in the manner prescribed by the regulatory legal acts of the authorized body.

Article 7-2. Information interaction

State bodies and other organizations that have the information necessary to confirm the occurrence of an insured event and determine the amount of compensation for damage caused to the property interests of the insured are obliged to provide this information to the insurer, the policyholder (the insured, the beneficiary), and the insurance ombudsman when they apply.

Chapter 3. Contract of compulsory tourist insurance

Article 8. Compulsory tourist insurance contract and the procedure for its conclusion

Footnote: Footnote. The title of Article 8 is as amended by the Law of the Republic of Kazakhstan dated November 24, 2015 No. 422-V (to come into effect from January 1, 2016).

  1. Compulsory tourist insurance is carried out on the basis of an agreement 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 relieve the policyholder from the obligation to conclude a compulsory tourist insurance contract.

3. The insurer has no right to refuse the policyholder to enter into a compulsory tourist insurance contract, except for cases provided for by the laws of the Republic of Kazakhstan.

4. Under a compulsory tourist insurance agreement, the policyholder undertakes to pay an 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 compulsory tourist insurance contract is concluded by the insurer issuing an insurance policy to the policyholder in electronic form and an insurance certificate.

When concluding a compulsory insurance contract for a tourist, the insured, depending on the country (place) of temporary stay and the number of days of travel specified in the contract for tourist services, 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 (sum insured) and the types of expenses subject to reimbursement comply with the requirements of international treaties and the legislation of the country (place) of temporary stay of the insured in terms of insurance of the life and health of the tourist.

The basis for concluding a contract of compulsory tourist insurance is an application from the policyholder containing the data necessary for calculating the insurance premium and identifying the policyholder and the insured.

The insurer is responsible for the incompleteness of the conditions to be specified in the compulsory tourist insurance contract. If a dispute arises under the insurance contract due to incompleteness of some of its terms, the dispute is resolved in favor of the policyholder.

The policyholder, exclusively through the travel agent, is obliged to:

issue an insurance certificate to each insured person;

upon request of the insured, provide an insurance policy.

5-1. Requirements for the content and execution 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 tourist insurance is carried out by insurance organizations that have a license to carry out insurance activities for this type of compulsory insurance.

7. If a compulsory tourist insurance contract is concluded on conditions that worsen the position 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 bears obligations to the policyholder and the insured under the conditions established by this Law.

Article 8-1. Requirements for the insurer and Internet resources when concluding a contract of compulsory tourist insurance and settling insured events through the exchange of electronic information resources

  1. When concluding a compulsory tourist insurance contract in electronic form and settling insured events under it, an Internet resource and (or) the insurer’s information system are used for the exchange of electronic information resources between the organization for the formation and maintenance of the database, the insurer and the policyholder (the insured, the beneficiary).

When submitting an application to conclude a compulsory tourist insurance agreement in electronic form and settle an insured event, the policyholder is not required to use specialized software.

On the Internet resource of the organization for the formation and maintenance of the database, there is a link to the Internet resource of the insurance organization, which is used to conclude a compulsory tourist insurance agreement and settle insurance cases in electronic form.

2. The procedure for the exchange of electronic information resources between the organization for the formation and maintenance of the database and the insurer, insurer and policyholder (insured, beneficiary) is determined by the regulatory legal act of the authorized body.

3. When concluding a contract of compulsory tourist insurance and settling insured events under it using the insurer’s Internet resource, the insurer is obliged to provide:

  1. immediate sending to the policyholder, the insured person of a notification about the conclusion of a compulsory tourist insurance contract or refusal to conclude it (indicating the reasons for the refusal) in the form of an electronic message;

2) notification of the policyholder (insured) about the main stages of the process of settling the insured event, including refusal to accept documents for settlement (indicating the reasons for the refusal), in the form of an electronic message in the manner determined by the regulatory legal act of the authorized body;

3) the possibility for the policyholder (insured) to check information on the concluded contract of compulsory tourist insurance on the Internet resource of the insurance organization;

4) the ability for the policyholder (the insured, the beneficiary) to check information on the insured event under the compulsory tourist insurance contract on the Internet resource of the insurance organization;

5) storage of the compulsory tourist insurance contract in electronic form and information on the insured event on it, ensuring round-the-clock access for the policyholder insured on the insurer’s Internet resource;

6) the opportunity for the policyholder (insured, beneficiary) to create and send to the insurer information in electronic form (applications, notifications and (or) other documents, information) necessary for:

concluding a contract of compulsory tourist insurance;

early termination of the compulsory tourist insurance contract;

notifications about the occurrence of an insured event (an event considered as an insured event);

settlement of disputes arising from the compulsory tourist insurance contract, taking into account the features provided for in Article 20-1 of this Law.

Notification of the conclusion of a compulsory tourist insurance agreement and the settlement of insured events under it is sent from the organization for the formation and maintenance of the database.

Requirements for the procedure and content of notifications on the conclusion of a compulsory tourist insurance contract and the settlement of insured events under it are determined by the authorized body.

4. When concluding a compulsory tourist insurance contract through the exchange of electronic information resources, the insurance contract is considered concluded by the policyholder from the moment the policyholder pays the insurance premium, unless otherwise provided by the compulsory tourist insurance contract.

5. When concluding a contract of compulsory insurance of a tourist through the exchange of electronic information resources, the policyholder pays the insurance premium after familiarizing himself with the terms of insurance provided for by this Law, thereby confirming his consent to conclude an agreement of accession on the terms offered to him.

6. The insurer provides the opportunity to conclude compulsory tourist insurance contracts and settle insured events under them using the insurer’s Internet resource around the clock.

Article 9. Validity of the compulsory tourist insurance contract

  1. The compulsory tourist insurance contract comes into force and becomes binding on the parties after the policyholder pays the insurance premium from the moment the insured receives a mark from the structural unit of the territorial unit of the Border Service of the National Security Committee of the Republic of Kazakhstan about crossing the State Border of the Republic of Kazakhstan.

2. The validity period of the compulsory tourist insurance contract cannot be less than the duration of the trip determined by the contract for tourist services. The compulsory tourist insurance contract is valid until the insured person crosses the State border of the Republic of Kazakhstan when leaving the insurance territory, but no later than the expiration date of the insurance period specified in the compulsory tourist insurance contract, with the exception of the case of a tourist staying abroad for an additional period due to a flight delay.

The compulsory tourist insurance contract does not terminate upon the first insured event.

If the insured person is located outside the Republic of Kazakhstan and the number of days of travel under the contract for tourist services increases, the policyholder enters into a new compulsory tourist insurance contract for additional days of the insured person’s temporary stay in the country (place).

3. The territory of validity of the compulsory insurance contract (territory of insurance) for a tourist is the territory of provision of tourist services.

The insurance territory for mandatory tourist insurance programs is established by a regulatory legal act of the authorized body.

Unless otherwise provided by the compulsory tourist insurance contract, the following are subject to exclusion from the insurance territory:

  1. territories not recommended by authorized state bodies of the Republic of Kazakhstan for visiting;

2) states in which the insured has a temporary residence permit or other document allowing him to stay in the insurance territory continuously for more than 90 days;

3) the state of which the insured is a citizen.

The condition for excluding the insurance territory does not apply in cases where the insurance territory began to fall under the exception established by subparagraph 1) of part three of this paragraph after the conclusion of a compulsory tourist insurance agreement.

Article 10. Termination of the compulsory tourist insurance contract

The compulsory tourist insurance contract is terminated in the following cases:

  1. expiration of the contract;

2) early termination of the contract;

3) the insurer makes an insurance payment (insurance payments) in the amount of the insured amount specified in the compulsory tourist insurance contract.

Article 11. Early termination of a compulsory tourist insurance contract

  1. The compulsory tourist insurance contract is terminated early in cases established by the Civil Code of the Republic of Kazakhstan.

2. If the early termination of a compulsory tourist insurance contract is caused by failure to fulfill its terms through the fault of the insurer, the latter shall return the insurance premium paid to the policyholder in full. In cases of early termination of a compulsory tourist insurance contract due to circumstances specified by the Civil Code of the Republic of Kazakhstan, the insurer has the right to a portion of the insurance premium in proportion to the time during which the insurance was in force.

Article 12. Rights and obligations of the policyholder and the insured

Footnote: Footnote. Title Article 12 as amended by the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced from 01/01/2019).

  1. The policyholder has the right:

  1. demand from the insurer an explanation of the conditions and procedure for compulsory tourist insurance, their rights and obligations under the compulsory tourist insurance contract;

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

  1. send an application and attached documents to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource) taking into account the specifics provided for by the Law of the Republic of Kazakhstan “On Insurance Activities”;

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

2. The policyholder is obliged:

  1. enter into a compulsory tourist insurance agreement with an insurer that has the appropriate license;

2) pay the insurance premium in the amount, manner and terms established by the compulsory tourist insurance agreement;

3) no later than two working days when he became aware of the occurrence of an insured event, notify the insurer about it (orally, in writing). A communication made orally must be subsequently confirmed in writing;

  1. when concluding a compulsory tourist insurance contract, provide the insurer with the information necessary for inclusion in the compulsory tourist insurance contract;

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

2-1. The insured has the right:

  1. to choose an insurer to conclude a compulsory tourist insurance contract;

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

3) demand from the insurer and (or) the insured an explanation of the conditions and procedure for 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 low-quality provision of services under the compulsory tourist insurance contract;

5) become familiar with the amount of insurance payment made by the insurer;

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

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

8) receive insurance payment in cases provided for by this Law;

9) receive 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:

  1. when concluding a compulsory tourist insurance contract, provide the insured with the information necessary for inclusion in the compulsory tourist insurance contract;

2) familiarize yourself with and strictly comply with the terms of the compulsory tourist insurance contract 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 an 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) insurance policy to the assistance company in order to organize technical, medical and other assistance, coordinate actions and pay expenses;

6) upon the occurrence of an insured event, follow the recommendations and instructions of the assistance company, 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 about the nature and extent of the damage caused by the insured event;

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

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

10) ensure the transfer to the insurer of the right of recourse to the person responsible for the occurrence of the insured event.

3. The compulsory tourist 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.

Article 13. Rights and obligations of the insurer

  1. The insurer has the right:

  1. when concluding a compulsory tourist insurance contract, require the insurer to provide information about the insured person necessary for inclusion in the compulsory tourist insurance contract;

2) request, in the manner established by the legislation of the Republic of Kazakhstan, from the relevant government bodies and organizations, based on their competence, documents and information related to the fact of the occurrence of an insured event and determination of the amount of damage caused as a result of the occurrence of an insured event;

3) take part in resolving issues related to the claims of the insured for compensation for damage caused as a result of the occurrence of insured events specified in this Law;

4) make a right of recourse against the person responsible for causing harm in the cases provided for in Article 19 of this Law;

5) refuse to make insurance payments in whole or in part on the grounds provided for in Article 20 of this Law.

2. The insurer is obliged:

  1. familiarize the policyholder with the conditions and procedure for compulsory insurance, including the rights and obligations of the parties arising from the contract of compulsory tourist insurance;

  2. when concluding a contract of compulsory tourist insurance, issue an insurance policy and an insurance certificate;

2-1) upon notification of an insured event (event considered as an insured event) that occurred during the period of insurance protection under a compulsory tourist insurance contract, immediately register it and submit information on this insured event (event considered as an insured event) to the organization for the formation and maintenance of a database in accordance with the regulatory legal act of the authorized body;

3) upon the occurrence of an insured event, make an insurance payment in the manner and under the conditions provided for by this Law;

  1. if there are insufficient documents confirming the occurrence of an insured event and the amount of damage to be compensated by the insurer, within three working days from the date of receipt, inform the applicant about this, indicating the full list of missing and (or) incorrectly executed documents;

4-1) upon receipt of an application from the policyholder, insured (beneficiary) to consider the requirements of the policyholder, insured (beneficiary) and provide a written response indicating the further procedure for resolving the dispute within five working days;

4-2) upon receipt from the policyholder, insured (beneficiary) of an application sent to the insurance ombudsman, redirect this application, as well as the documents attached to it, to the insurance ombudsman within three working days from the date of receipt;

4-3) within five working days from the date of receipt from the insured of the documents provided for in Article 18 of this Law, determine the amount of the insurance payment and submit it to the insured for review;

5) ensure the secrecy of insurance;

  1. reimburse the insured for expenses incurred in order to prevent or reduce losses in the event of an insured event;

7) enter into agreements with one and (or) several assistance companies that undertake to provide assistance within the framework of a compulsory tourist insurance agreement.

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

Chapter 4. Sum insured and insurance premium

Article 14. Limits of liability of the insurer

  1. The maximum amount of liability of the insurer (sum insured) under insurance programs, the types of expenses subject to compensation for each insured event, are established in the appendix to this Law.

2. The maximum amount of liability of the insurer (sum insured) is established in United States dollars (hereinafter referred to as the USA). To calculate the amount of the insurance payment, the US dollar is used at the rate established by the National Bank of the Republic of Kazakhstan on the date of the insurance payment.

In cases provided for by international treaties, the legislation of the country (place) of temporary stay, the contract of compulsory tourist insurance, the maximum extent of the insurer's liability for compensation for harm caused to the life and health of the insured is established in euros.

3. Expenses incurred by the insured for the purpose of preventing or reducing losses shall be reimbursed by the insurer if such expenses were necessary or incurred to carry out the instructions of the insurer, even if the corresponding measures were unsuccessful.

Such expenses are reimbursed in actual amounts, while the total amount of insurance payment and compensation for expenses should not exceed the insurance amount established by the compulsory tourist insurance contract. If expenses arose as a result of the insured's execution of the insurer's instructions, they are reimbursed in full, regardless of the insurance amount due to him under the compulsory tourist insurance contract.

These expenses are reimbursed by the insurer directly to the person who incurred them.

Article 15. Amount of insurance premium

  1. The amount of the insurance premium under the compulsory tourist insurance contract is calculated separately for each insured person for each day and is the following amounts in US dollars at the rate established by the National Bank of the Republic of Kazakhstan on the date of concluding the insurance contract for one trip:

Number of travel days Program 1 Program 2 Program 3 to 10 1.12 1.51 1.83 from 11 to 20 1.12 1.48 1.70 from 21 to 40 1.12 1.43 1.59 from 41 to 60 1.03 1.40 1.53 from 61 to 90 1.03 1.35 1.48 91 and over 0.95 1.30 1.40

For the purposes of calculating the insurance premium, the number of days (period) of the insured’s temporary stay in the country (place), including the time spent in transit, is used.

When the contract of compulsory tourist insurance establishes the maximum volume of liability of the insurer for compensation of harm caused to the life and health of the insured, in euros in cases provided for by international treaties, the legislation of the country (place) of temporary stay, the amount of the insurance premium is calculated separately for each insured person and is the above amounts in euros at the rate established by the National Bank of the Republic of Kazakhstan on the date of conclusion of the insurance contract.

2. When concluding a contract of compulsory tourist insurance, the amount of the insurance premium provided for in paragraph 1 of this article may be increased by the insurer based on the results of its assessment of the insurance risk, but not more than twice.

Article 16. Procedure for payment of insurance premium

  1. The insurance premium is paid by the policyholder in a one-time payment.

2. The insurer provides the opportunity to pay the insurance premium by non-cash method through the insurer’s Internet resource.

Chapter 5. Insured event and insurance payment

Article 17. Insured event and determination of the amount of insurance payment

  1. The following events that occur after the entry into force of the compulsory tourist insurance contract are recognized as an insured event:

  1. an accident that occurred in the insurance territory, leading to the death of the insured or causing harm to his health.

An accident means a sudden, unforeseen, unintentional, external event or impact in relation to the insured;

2) a sudden acute illness, a sharp deterioration in health and (or) exacerbation of a chronic disease, requiring emergency and emergency medical care to be provided to the insured to prevent significant harm to health or eliminate a threat to life.

2. The amount of insurance payment is determined by the insurer based on the amount of actual expenses of the insured on the basis of documents confirming these expenses, submitted by the insured or the assistance company.

Article 18. Conditions and procedure for making insurance payments

  1. The requirement for insurance payment to the insurer is presented in writing, including through the insurer’s Internet resource in accordance with the regulatory legal act of the authorized body, by the insured or by the assistance company when providing assistance to the insured, with the attachment of documents necessary for making the insurance payment.

At the request of the insurer, the applicant is obliged to submit original documents to the insurer necessary for making insurance payment, with the exception of documents available in electronic form in databases and (or) information systems of government bodies to which the insurer has access.

2. The following documents must be submitted with the application for insurance payment:

  1. a copy of an identity document or passport of the insured with marks from a structural unit of the territorial unit of the Border Service of the National Security Committee of the Republic of Kazakhstan on crossing the State Border of the Republic of Kazakhstan and (or) a document that is the basis for the stay of the insured in the insurance territory;

2) an original or a notarized copy of a document confirming the fact of the occurrence of an insured event and the amount of harm caused to the life and health of the insured, including:

medical documents indicating the address and contact information of the medical institution and the doctor, containing information about the date of application for medical care, the state of health of the insured at the time of application for medical care, diagnosis, prescription (prescription) of the doctor, medical procedures performed and medications provided, broken down by quantity, date and cost;

documents confirming the fact of payment for medical and other services provided to the insured as a result of the occurrence of an insured event, indicating the amount, currency, date of payment;

documents confirming the fact of payment for goods and services (sales receipts, invoices, payment receipts and other documents) indicating their name, quantity and cost;

medical documents to establish the fact of use of a psychoactive substance and the state of intoxication of the insured are submitted in the event of an accident;

documents from law enforcement, judicial and other competent authorities confirming the fact of the accident and the circumstances of its occurrence are presented in the event of an accident;

a copy of the death certificate or notice, the medical examiner's report or the postmortem report is submitted in the event of the death of the insured;

documents confirming the cancellation or exchange of travel documents (tickets, boarding passes), refusal of a hotel room booked, as well as other tourist services provided to the insured, for the unused part of the period of stay abroad are submitted in case of a forced longer period of stay in the country (place) of temporary stay or early return to the territory of the Republic of Kazakhstan due to the occurrence of an insured event;

travel documents (ticket, boarding passes) – when transporting minor children and (or) close relatives of the insured;

documents confirming telephone calls, messages to the insurer and assistance from the company at the telephone numbers specified in the insurance certificate or insurance policy;

documents confirming costs associated with taking measures to prevent and reduce losses;

documents confirming the identity and rights of the beneficiary, if necessary.

3. The insurer that accepted the documents is obliged to issue the applicant a certificate indicating the full list of documents submitted and the date of their acceptance.

If the applicant sends an application for insurance payment electronically, the insurer may provide him with this certificate in electronic form.

4. When making an insurance payment, the insurer has no right to demand from the insured (beneficiary) the acceptance of conditions limiting his right of claim against the insurer.

5. The beneficiary is the person determined by the insured, and in the event of the death of the insured - his heirs.

6. Insurance payment is made by the insurer by:

reimbursement of expenses of the insured as a result of the occurrence of an insured event and the insured receiving medical care in an emergency without notifying the assistance company for good reasons no later than fifteen working days from the date of receipt of the documents provided for in paragraph 2 of this article;

payment of the cost of services provided by a medical and other institution to the insured in agreement with the assistance company in the manner established by the regulatory legal act of the authorized body.

7. In cases where the amount of the insurance payment is disputed by the parties to the compulsory tourist insurance contract or by the beneficiary, the insurer is obliged to make the insurance payment in that part that is not disputed by any of these persons within the period established by paragraph 6 of this article.

The disputed part of the insurance payment must be paid by the insurer within three working days from the date of entry into force of the court’s ruling on a settlement agreement or the court’s decision on this dispute, unless the court’s decision is subject to immediate execution.

8. A claim for insurance payment for damage caused during the period of validity of the compulsory tourist insurance contract may be presented to the insurer within three years from the date of the insured event.

9. In case of untimely payment of insurance payment, the insurer is obliged to pay the insured (beneficiary) a penalty in the manner and amount established by the Civil Code of the Republic of Kazakhstan (General Part).

Article 19. Right of recourse against the person who caused the harm

The insurer who has made the insurance payment receives, within the limits of the amount paid, the right of recourse against the person guilty of causing harm to the life and health of the insured.

Article 20. Grounds for exemption of the insurer from making insurance payments

  1. The insurer has the right to fully or partially refuse to make an insurance payment if the insured event occurred as a result of:

  1. intentional actions of the insured, aimed at the occurrence of an insured event or contributing to its occurrence;

2) actions of the insured, recognized in the manner established by the legislation of the Republic of Kazakhstan, as intentional criminal or administrative offenses that are causally related to the insured event.

2. The basis for the insurer’s refusal to make an insurance payment may be:

  1. receipt by the insured of appropriate compensation for loss from the person responsible for causing the loss;

2) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (to come into effect from January 1, 2015);

3) force majeure circumstances;

4) failure by the insured to submit to the insurer the documents attached to the application for insurance payment in full in accordance with paragraph 2 of Article 18 of this Law, with the exception of documents for each individual insured event, which are presented based on the actual expenses incurred;

5) the insurer makes an insurance payment in the amount of the insured amount;

  1. the grounds provided for in subparagraphs 1) and 2) of paragraph 1 of Article 839 of the Civil Code of the Republic of Kazakhstan.

2-1. In addition to the grounds provided for in paragraphs 1 and 2 of this article, the insurer is exempt from making insurance payments in the following cases:

  1. practicing insured professional sports;

2) an event that occurred as a result of the insured being in a state of severe alcohol intoxication, as well as narcotic or toxic intoxication, with the exception of cases:

use of medications as prescribed by the attending physician;

forced use of narcotic, toxic substances or their forced administration, established by a law enforcement agency and (or) court;

3) voluntary refusal by the insured to undergo medical transportation from the country (place) of temporary stay in the Republic of Kazakhstan or to comply with the instructions of the attending physician received by the insured in connection with the claim for an insured event.

3. Excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (to come into effect from January 1, 2015).

  1. If there are grounds for refusal of insurance payment, the insurer is obliged, within seven working days from the date of receipt of the documents provided for in Article 18 of this Law, to send to the person who submitted the application for insurance payment an appropriate decision on full or partial refusal of insurance payment in writing with a reasoned justification of the reasons for the refusal and notification of the right of the policyholder (insured, beneficiary) to contact the insurance ombudsman to resolve disagreements, taking into account the specifics of the legislation of the Republic Kazakhstan.

5. The insurer has no right to refuse insurance payment on grounds not provided for in this article.

Article 20-1. Peculiarities of dispute resolution regarding compulsory tourist insurance

  1. If there is a dispute arising from a compulsory tourist insurance contract, the policyholder, the insured (beneficiary) has the right:

send to the insurer (including through a branch, representative office, Internet resources of the insurer) a written application indicating the requirements and attaching documents confirming its requirements, or send an application to the insurance ombudsman (directly to the insurance ombudsman, including through its Internet resource, or through the insurer, including through its branch, representative office, other separate structural unit, Internet resource) or to the court to resolve disputes arising from the contract compulsory tourist insurance, taking into account the features provided for by the Law of the Republic of Kazakhstan “On Insurance Activities”.

2. The insurer, upon receipt of an application from the policyholder, insured beneficiary, within five working days, considers and provides a written response indicating the further procedure for resolving the dispute.

3. If the policyholder, the insured (beneficiary) applies to the insurance ombudsman, the insurer is obliged, at the request of the policyholder, the insured (beneficiary), the insurance ombudsman, to submit documents related to the consideration and resolution of the dispute within three working days from the date of receipt of the request.

Chapter 6. Final provisions

Article 21. Procedure for resolving disputes

Disputes arising from the compulsory tourist insurance contract are considered in the manner established by the legislation of the Republic of Kazakhstan.

Article 22. Liability for violation of the legislation of the Republic of Kazakhstan on compulsory tourist insurance

Persons guilty of violating the legislation of the Republic of Kazakhstan on compulsory tourist insurance are liable in accordance with the laws of the Republic of Kazakhstan.

Appendix to the Law of the Republic of Kazakhstan dated December 31, 2003 "On compulsory insurance of tourists"

Footnote: Footnote. The law is supplemented by an annex in accordance with the Law of the Republic of Kazakhstan dated 07/02/2018 No. 166-VI (shall be enforced from 01/01/2019).

COMPULSORY TOURIST INSURANCE PROGRAMS

№ п/п События, признаваемые в качестве страхового случая, и виды расходов, подлежащих возмещению Предельный объем ответственности страховщика (страховая сумма) (в долларах США/евро) Программа 1 Программа 2 Программа 3 1. Несчастный случай: 1.1 расходы по стационарному и амбулаторному лечению, включая расходы на медицинские услуги, назначенные лечащим врачом диагностические исследования, лекарственные средства, перевязочные средства и средства фиксации (гипс, бандаж); расходы по транспортировке застрахованного по экстренным и неотложным обстоятельствам к медицинскому учреждению; расходы по экстренной медицинской транспортировке из страны (места) временного пребывания в Республику Казахстан, включая расходы на сопровождение медицинским персоналом (при условии отсутствия возможности у застрахованного по медицинским показаниям самостоятельно вернуться к месту проживания на территории Республики Казахстан); расходы на организацию возвращения урны с прахом или тела (останков), включая расходы на вскрытие, бальзамирование тела и его пребывание в морге, приобретение гроба, оформление документов для перевозки на территорию Республики Казахстан; 10 000 30 000 50 000 1.2 расходы на стоматологический осмотр, рентгеновское исследование, удаление или пломбирование зубов в результате получения травмы, явившейся следствием несчастного случая; 100 300 300 1.3 расходы на проездной документ (билет) для одного совершеннолетнего близкого родственника к месту стационарного лечения застрахованного, путешествующего в одиночку или с несовершеннолетними детьми, если состояние здоровья застрахованного оценивается лечащим врачом и медицинским представителем ассистанс компании как критическое, угрожающее жизни, и срок пребывания в медицинском учреждении превышает десять календарных дней; 800 1000 1200 1.4 расходы на оплату транспортировки несовершеннолетних детей, пожилых близких родственников застрахованного, оставшихся на территории страхования без присмотра в результате страхового случая, произошедшего с застрахованным; 800 1000 1200 1.5 расходы на оплату сообщений, телефонных звонков и иных услуг связи, осуществляемых в адрес страховщика, ассистанс компании; расходы на оплату проживания застрахованного в гостинице с даты выписки его из стационара до даты его отъезда на территорию Республики Казахстан, но не более пяти календарных дней; расходы, связанные с аннулированием или обменом проездных документов; расходы, связанные с отказом от забронированного в гостинице номера, а также других туристских услуг, предоставленных застрахованному, за неиспользованную часть срока пребывания за рубежом. 800 1 000 1 200 2. Внезапное острое заболевание, резкое ухудшение состояния здоровья и (или) обострение хронического заболевания, требующие оказания застрахованному экстренной и неотложной медицинской помощи для предотвращения существенного вреда здоровью или устранения угрозы жизни: 2.1 расходы по стационарному и амбулаторному лечению, включая расходы на медицинские услуги, назначенные лечащим врачом диагностические исследования, лекарственные средства, перевязочные средства и средства фиксации (гипс, бандаж); расходы по транспортировке застрахованного по экстренным и неотложным обстоятельствам к медицинскому учреждению; расходы на экстренную медицинскую транспортировку из иностранного государства в Республику Казахстан, включая расходы на сопровождение медицинским персоналом (при условии отсутствия возможности у застрахованного по медицинским показаниям самостоятельно вернуться к месту проживания на территории Республики Казахстан); расходы на организацию возвращения урны с прахом или тела (останков), включая расходы на вскрытие, бальзамирование тела и его пребывание в морге, приобретение гроба, оформление документов для перевозки на территорию Республики Казахстан; 10 000 30 000 50 000 2.2 расходы по амбулаторному лечению, включая расходы на медицинские услуги, транспортировку застрахованного по экстренным и неотложным обстоятельствам к медицинскому учреждению в случае осложнений во время беременности; 300 500 600 2.3 расходы на проездной документ (билет) для одного совершеннолетнего близкого родственника к месту стационарного лечения застрахованного, путешествующего в одиночку или с несовершеннолетними детьми, если состояние здоровья застрахованного оценивается лечащим врачом и медицинским представителем ассистанс компании как критическое, угрожающее жизни, и срок пребывания в медицинском учреждении превышает десять календарных дней; 800 1000 1200 2.4 расходы на оплату транспортировки несовершеннолетних детей, пожилых близких родственников застрахованного, оставшихся на территории страхования без присмотра в результате страхового случая, произошедшего с застрахованным; 800 1000 1200 2.5 расходы на оплату сообщений, телефонных звонков и иных услуг связи, осуществляемых в адрес страховщика, ассистанс компании; расходы на оплату проживания застрахованного в гостинице с даты выписки из стационара до даты его отъезда на территорию Республики Казахстан, но не более пяти календарных дней; расходы, связанные с аннулированием или обменом проездных документов; расходы, связанные с отказом от забронированного в гостинице номера, а также других туристских услуг, предоставленных застрахованному, за неиспользованную часть срока пребывания за рубежом. 800 1 000 1 200

President of the Republic of Kazakhstan