Travel Insurance. Insurance notice

Transcription

1 Travel Insurance Insurance notice policy n Cover : Cancellation Mondial Assistance World leader in travel assistance and insurance 1

2 Insurer: AGA INTERNATIONAL Tour Gallieni II - 36, avenue du Général de Gaulle Bagnolet Cedex General terms and conditions The Insured Parties: Those parties that make the request when booking a Disneyland Paris holiday package. The cover in your contract, with the exception of cover for assistance, is supported by the Code of Insurance. Your contract is composed of the aforesaid General Conditions and completed by your Specific Conditions. Amongst the guarantees defined as follows, those that you have selected will be included in your Specific Conditions, according to the package you have signed up for and for which you have paid the relevant premium. Amongst the guarantees defined as follows, those that you have selected will be included in your Specific Conditions, according to the package you have signed up for and for which you have paid the relevant premium. Please read the General Conditions carefully. The Conditions detail our respective rights and obligations and answer any questions you may have. DEFINITIONS Certain terms are frequently applied in our insurance policies. We shall provide definitions for these terms, as follows. DEFINITION OF PARTIES IN THE INSURANCE POLICY THE INSURED PARTY: The Underwriter The parties indicated in your Specific Conditions, will henceforth been known by the term «you», no matter where they are domiciled WE: AGA International, hereafter to be known by its business name, Mondial Assistance, that is to say the insurer with whom you have underwritten your policy. UNDERWRITER: the signatory of the Specific Conditions who is responsible, by this fact, for paying the insurance premium. YOU: The insured parties. DEFINITION OF THE TERMS OF INSURANCE ABROAD: all countries, except the country where you are domiciled or are a citizen of and France and its overseas territories. EUROPE : The European Union (including the following collective overseas territories: Guadeloupe, French Guiana, Martinique, Mayotte, Reunion Island and Saint- Barthélemy), Liechtenstein, the Principalities of Monaco and Andorra, San Marino, Switzerland and the Vatican State. EXCESS AMOUNTS : part of the damages that remain at your expense during the settlement of a claim. The sums of excess amounts that relate to each guarantee are detailed in the cover and excess amounts table. AUTHORIZED AGENT: travel industry professionals, transportation professionals, associations or works committees. COUNTRY OF ORIGIN: to be considered as the country where you are domiciled or of which you are a citizen. TIME LIMITATION: the period of time beyond which any claims are no longer valid. CLAIM: all the consequent incidents of an event, entailing the application of one of the underwritten guarantees. The entire set of incidents deriving from an initial cause, constitutes a single claim. SUBROGATION: an action by which we substitute you in your rights and actions against possible third parties, responsible for your damages, with the aim of obtaining a reimbursement of the sums agreed, following a claim. TRIP: a trip or stay of a maximum duration of two months, as foreseen during the period of validity of the current policy, organized, sold or supplied by the authorized agency or agent where the policy was underwritten. u In Relation to «Cancellation» Cover: NATURAL DISASTER: an event caused by the abnormal intensity of a natural agent. SERVICE CHARGE: charge levied by the approved organization or intermediary when booking the trip, which relate to their preparation of the trip. TEMPORARY INCAPACITY: medically diagnosed loss, for a limited period of time, of a person s functional capacity, requiring them, on the day of cancellation, to cease all activity (including professional activity if applicable), requiring medical care and treatment to be carried out. POLICY TERRITORY Cancellation cover in your policy can be applied worldwide. COMMON EXCLUSIONS TO ALL TYPES OF COVER In addition to the exclusions that are common to all types of cover, the consequences of the following circumstances and events are also excluded: 1. Excluding dispositions to the contrary as described in the cover; civil or foreign war, riots, popular uprisings, strikes, taking of hostages and the handling of fire-arms 2. Your voluntary participation in illegal gambling, crimes or fights, except in the case of self-defense 3. All events of a nuclear origin or caused by a source of radiation 4. Intentional and harmful acts, including suicide and attempted suicide 5. Your consumption of alcohol, drugs and all narcotic substances as described in the Public Health Code, that haven t been medically prescribed 6. Events for which the responsibility could lie with the party organizing your trip according to the application of the first paragraph of Law no of the 22nd July 2009, for the Development and Modernization of Services to Tourism and to the carrier 7. Your refusal to embark a flight as initially foreseen by the authorized agency COVER IN YOUR POLICY CANCELLATION 1. THE OBJECT OF COVER When you cancel your booking, the authorized agent of agency can charge you fully or partially for services rendered, to be known henceforth as cancellation fees; these fees will gradually rise as the departure date approaches. They are calculated according to the fee structure detailed in the General Conditions of the sale of your trip. They are calculated according to the fee structure detailed in the General Conditions of the sale of your trip. We will reimburse the sum of invoiced cancellation fees. 2. EVENTS COVERED IN THE CASE OF CANCELLATION Cancellation, notified before your departure and after insurance has been taken out, must be the result of one of the following events, which prevents you from traveling in no uncertain terms Permanent or Temporary Incapacity of: Your-self, spouse or common-law spouse, ascendants, descendants, as well as those of your spouse, or of your travel companion, on condition that they are itemized on the same invoice. Your brothers, sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, legal guardians and persons in your charge Your replacement at work, as designated when underwriting the policy The person designated at the time of underwriting of the policy, who has the responsibility of, during your trip, minding or accompanying your children or minors or the handicapped persons living under your roof, Another family member, provided hospitalization is for a period greater than 48 hours Directly after: An illness or an accident Complications in pregnancy, up to the 28 th week From the consequences, after-effects, complications or aggravation of an illness or an accident which was recorded before your trip was booked. It is the insured party s responsibility to prove all details constituting the temporary disability or the permanent disability as defined in this contract. If you cannot establish the occurrence of the temporary or permanent disability at the time of cancellation, we can reject your claim The death of: Yourself, spouse or common-law spouse, ascendants, descendants, as well as those of your spouse; or of your travel companion, on condition that they are itemized on the same invoice. Your brothers, sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, legal guardians and persons in your charge Your replacement at work, as designated when underwriting the policy The person designated at the time of underwriting of the policy, who has the responsibility of, during your trip, minding or accompanying your children or minors or the handicapped persons living under your roof, Another family member Theft at your private or business premises On condition that your presence is necessary and that the theft occurs within 48 hours before departure Serious material damage following a: Burglary Fire Explosion Flooding An event related to climate That requires your presence in-situ on the day of your departure, for the execution of repairs and the initialization of the administrative process and affecting more than 50% of: Your main or secondary residence, Your farming business, Your business premises if you are a trade s person, trader and manager or if you are in a profession Proof of vaccination, vaccination follow-up or of the medical impossibility of following a course of preventative treatment necessary for your trip, on condition that it satisfies the conditions of a favorable medical opinion provided before booking Yours or your spouse s dismissal, on condition that the procedure was not entered into on the day the policy was underwritten The changing of the dates of your holiday leave by your employer. This cover is offered to salaried employees, with the exception of trades-people, traders, members of a profession and managers or company legal representatives. This holiday leave, corresponding to an entitlement, must have been previously agreed by the employer prior to booking the trip. This holiday leave, corresponding to an entitlement, must have been previously agreed by the employer prior to booking the trip. Cover is not applicable if the underwriter is the company making changes to holiday leave. 2

3 2.8. The unforeseen, compulsory summons to appear in court, as a witness or for jury service, which cannot be postponed Your professional transfer, imposed on you by your employer, but not in connection with a disciplinary matter, that requires you to move house during the time of your trip or at the latest, 8 days before the trip, provided that the transfer was not known about when you took out this policy Your notification of the adoption of a child during the period of the trip; provided that the notification was not known about when you took out this policy Refusal of a tourist visa by the authorities of the country of your trip, provided that you had not submitted a request that was refused by these authorities for a previous trip and that your actions allowed sufficient time for them to take a position prior to your departure and subject to your compliance with the constraints imposed by the administrative authorities of this country Cancellation due to one of the events mentioned below, (article 2.1 to 2.11), of one or more persons in your booking and included in this contract, if withdrawal means that you have to travel alone or with another person. Therefore, for all people belonging to the same tax household, all insured parties are covered under «Cancellation». IMPORTANT: The entire range of tourism services covered by the above policy, both complimentary and successive, constitute a single trip, for which there is only one departure date: the one indicated by the agency or authorized agent when outlining the cover for services. 3. AMOUNT COVERED We will reimburse the amount for invoiced cancellation fees on the part of the agency or the authorized agent for your trip, by applying the fee structure contained in the General Conditions of your policy. The cost of tips, visas and other expenses, that are not included in service charges and the premium paid to take out this policy will not be reimbursed. If you choose to modify the trip dates rather than cancel your trip, because of the occurrence of one of the insured events, we reimburse you for the modification costs. The amount of our payment is always limited to the costs you would have been charged if you had informed the authorized agent or intermediary on the day on which the event occurred. 4. COVER EXCLUSIONS In addition to the exclusions that are common to all types of cover, the consequences of the following circumstances and events are also excluded: 4.1. Illnesses already diagnosed or accidents already occurred, or treatment or relapse or worsening or a hospital stay between the date on which the trip booking was made and the date on which this policy was taken out 4.2. Unstable diseases or injuries that were diagnosed or treated during the 30 days prior to your booking 4.3. Pregnancy and/or its complications, after the 28th week and in any case, the voluntary termination of the pregnancy and artificial insemination 4.4. Forgetting to get the necessary vaccination or preventative treatment for your trip 4.5. Epidemics, the local health situation, pollution and climate related events 4.6. Natural disasters occurring abroad, caused by the abnormal intensity of a natural agent and those subject to the procedure provided for in Law no of July 13 th Legal proceedings to which you are party 4.8. All events between the date of booking of your trip and the date of underwriting of the above policy. 5. WHAT YOU MUST DO IN THE EVENT OF CANCELLATION In the event of a claim, you must notify your approved travel organization or intermediary of your withdrawal by the quickest means (fax, telegram, receipted notification), when the covered event that prevents your departure takes place. You must declare the claim to us within five working days of your knowledge of the event, except in the case of an act of God or force majeure u or, directly on the website: Click the «Declare Your Claim» menu Type in your Mondial Assistance policy number Follow the 5 stages that allow you to obtain a number for the claim file and client code A confirmation describing the list of justifications to be supplied Click on the «Consult Your Claim File» menu to track the progress of the file with the help of the previously obtained client code u or by telephone from Monday to Friday, to At: or (for non French speakers) If the insured party is not in France: Tel: or (For non French speakers) u or, by Fax: If we receive a claim after the deadline has expired, indemnity is no longer applicable. We will forward the necessary information to process your claim to you and it will be your responsibility to supply us with all the documentation that justifies the reason for cancellation and to evaluate the amount of the indemnity. If the reason for cancellation is medical, you can, if you wish, forward the medical information, to the Consultant Doctor of Mondial Assistance. ADMINISTRATIVE PROVISIONS 1. PROCEDURES FOR TAKING OUT COVER, WHEN IT TAKES EFFECT AND ITS TERMINATION The policy must be underwritten on the same day as the booking. The cover takes effect the day after you have paid the premium at twelve noon It ends when your trip begins. 2. CUMULATIVE INSURANCE If you are covered for the same risks with other insurance companies, you must inform us of this and provide us with their details and the scope of their cover, in accordance with article L of the French Insurance Code. You can obtain indemnification for your damage by contacting the insurance company of your choice. These provisions do not concern assistance services. 3. SUBROGATION IN YOUR RIGHTS AND ACTIONS In consideration for the payment of compensation and, up to its limit amount, we become beneficiaries of the rights and actions that you might own against anyone liable for the claim, in accordance with article L of the French Insurance Code. If, by your doing, we are no longer able to perform this action, we can be relinquished of all or part of our obligations towards you. 4. PENALTIES APPLICABLE IF YOU MAKE A FALSE DECLARATION WHEN TAKING OUT THE POLICY Any non-disclosure or false statement, any omission or inaccuracy in the statement of the risk is penalized under the terms of conditions stated in articles L and L of the French Insurance Code: In the event of bad faith on your part: By rendering the policy null and void; If your bad faith is not established: By a reduction in the indemnity in proportion to the premium paid in relation to the amount, that would have been due if the risk had been fully and accurately declared. 5. PENALTIES APPLICABLE IF YOU MAKE AN INTENTIONAL MISREPRESENTATION AT THE TIME OF THE CLAIM Any fraud, non-disclosure or intentional misrepresentation by you about the circumstances or consequences of a claim will result in the loss of all entitlement to benefit or indemnity for this claim. 6. STATUTORY LIMITATIONS Any legal action arising from the insurance policy is subject to a time limitation period of 2 years from the event which gives rise to it, under the conditions established by articles L and L of the French Insurance Code. The time limitation period is interrupted mainly by the dispatch of a registered letter with acknowledgment of receipt by our company to the insured person in respect of legal action for payment of the premium and by the insured person to our company in respect of payment of the indemnity or by the appointment of an expert as the result of a claim. 7. DAMAGE ASSESSMENT The causes and consequences of the claim are assessed by mutual agreement and failing this, by jointly agreed expert assessment, subject to our respective rights. Each side appoints an expert. If the appointed experts do not agree, they appoint a third expert: the three experts operate in common and by a majority of opinions If one side fails to appoint their expert or the two experts are unable to agree on the selection of the third expert, the appointment shall be made by the Presiding Judge of the District Court of the place where the policyholder is domiciled. This appointment shall be made by written request signed by one or both parties, with the other having being summoned by registered letter. Each party pays the fees and expenses of its own expert and half of the fees of the third expert, if appointed. 8. CLAIM SETTLEMENT TIME PERIOD As soon as your case is over, your indemnity will be paid within 10 days following the agreement between us or an enforceable court ruling. 9. COMPLAINTS HANDLING PROCEDURES In the event of any problems, please consult your usual representative first of all. If you are not satisfied with the response, you may send your complaint to: MONDIAL ASSISTANCE FRANCE Complaints Management Department DT rue de Londres PARIS Cedex 08 If you still disagree after you have received the response from our company, you can request an opinion from an arbitrator. Procedures for access to the arbitrator will be sent to you if you write to the address above. 10. AGA INTERNATIONAL ADDRESS AGA INTERNATIONAL nominates its secondary offices as its domicile: Tour Gallieni II 36, avenue du Général de Gaulle BAGNOLET Cedex Any disputes raised against AGA International concerning this policy, shall be exclusively submitted to the competent French courts and all notices should be made to the address shown below. 3

4 11. DATA PROTECTION AND CIVIL LIBERTIES LAW In accordance with French Law on Data Protection and Civil Liberties No of 6 January 1978, amended by Law no dated August 6th 2004, you have the right to access, object to, modify, correct and delete information about yourself that is contained in our files, by contacting our head office in France. 12. REGULATORY AUTHORITY The body responsible for controlling AGA INTERNATIONAL is the Prudential Regulatory Authority, 61 Rue Taitbout, 75436, Paris Cedex LEGAL INFORMATION AGA INTERNATIONAL Head Office: 37 rue Taitbout PARIS Public Limited Company with a capital of EUR RCS,(Trade and Corporate Register),Paris Secondary Offices: Tour Gallieni II - 36 avenue du Général de Gaulle BAGNOLET Cedex Private company regulated by the Code of Insurance COvEr ANd ExCEss AmOuNTs TAbLE COvEr CANCELLATION AmOuNTs ANd LImITs Of COvEr ExCEssEs Or COvEr TrIggEr points Following an event foreseen in the policy Reimbursement of cancellation fees according to the underwriters fee structure None 4

5 To declare a claim Connect directly the following Web site: Contact us on (0) (from 9h00 to 18h00 from Monday to Friday) Fax : (1) AGA INTERNATIONAL Tour Gallieni II 36, avenue du Général de Gaulle BAGNOLET Cedex Tel.: A private company regulated by the French Insurance Code Share capital : euros, fully paid up RCS PARIS