General Terms and Conditions of Insurance

Transcription

1 Insured persons: Persons having reserved a rental (accommodation or camping pitch) at Flower and having requested insurance at the time of the booking. Insurer: AGA International Tour Gallieni II - 36, avenue du Général de Gaulle Bagnolet Cedex General Terms and Conditions of Insurance The cover in this policy is governed by the French Insurance Code. The policy comprises these General Terms and Conditions, supplemented by the policy for the insured service sent to the Insured. The cover set out below features in the policy for the insured service sent to the Insured, and is that for which he has paid the corresponding premium. This cover applies to all the private rentals, for a maximum term of 30 consecutive days, sold by FLOWER with which this policy is taken out. These General Terms and Conditions must be read carefully. They specify the respective rights and obligations of the Insurer and the Insured and provide answers to any questions the Insured may have. COMMON DEFINITIONS The terms in italics in the policy are defined either in this chapter, or at the start of each type of cover. ACCIDENT: any sudden, unforeseen event, external to the victim or the damaged item, constituting the cause of the damage. PERSONAL INJURY: any unintentional bodily injury caused by the sudden action of an external cause, diagnosed by a Doctor. INSURED: the persons named in the policy of the insured service provided that their Residence is situated in Europe. INSURER: AGA International, hereinafter referred to by its trading name Mondial Assistance, i.e. the Insurer with which this insurance policy has been taken out. NATURAL DISASTER: event caused by the abnormal intensity of a natural phenomenon and falling under French Law no of 13 July 1982 when it occurs in France. DE FACTO SPOUSES: couple of persons neither married nor bound by a French civil solidarity pact but who can prove with the aid of joint domicile documentary proof (cohabitation certificate or, failing this, housing tax notice, electricity, gas, water bill, insurance, rent payment, etc.) that they have lived under the same roof since the day of taking out this policy and at the time of the Claim. START: day and time of the start of the reserved and insured services. PROPERTY DAMAGE: any damage to, or accidental destruction of an item and also any harm suffered by a pet. Edition of 05/10/2012 Page 1/20

2 RESIDENCE: usual place of residence that determines the exercising of the Insured's civic rights. BREAK-IN: forcing, damage or destruction of an anti-theft device. ABROAD: any country except for the country where the Insured is resident. EUROPE: territories of the member states of the European Union, situated in geographical Europe, as well as the following territories and countries: Guadeloupe, Guyana, Martinique, Mayotte, Reunion Island, Saint- Barthélemy, Liechtenstein, Principalities of Monaco and Andorra, Saint-Marin, Switzerland, Vatican. The Azores, Canaries and Madeira are not part of this definition. EXCESS: the share in the loss payable by the Insured when the Claim is settled. Excess amounts in respect of each type of cover are specified in the Cover and excess amounts table. CIVIL WAR: armed struggle, within a same country between different groups identifiable by their ethnic, religious, community or ideological preference, or between at least one of these groups and the regular armed forces of this country. FOREIGN WAR: armed conflict, declared or not, of a country with regard to one or several other countries or an irregular or external armed force, motivated by a geographical, political, economic, racial, religious or ecological difference. PER EVENT LIMIT: maximum amount of cover for a single event giving rise to Claims, irrespective of the number of persons Insured under the policy. RENTAL: Accommodation or camping pitch in a partner campsite of FLOWER stipulated during the validity period of this policy. ILLNESS: any deterioration in the health of a person diagnosed by a Doctor. DOCTOR: any person who holds a medical qualification that is legally recognised in the country in which he/she usually carries out his/her professional activity. TIME LIMITATION: period beyond which any Claim is time-barred. INTERVENTION LIMIT: minimal period, amount or percentage that triggers the Insurer's coverage or implementation of its cover. CLAIM: event resulting in damage of a kind to activate one or several of the types of cover taken out. POLICYHOLDER: the signatory of the Specific Terms and Conditions/of the policy of the insured service who, due to this, agrees to pay the insurance premium. SUBROGATION: process by which the Insurer replaces the Insured in respect of the Insured's rights and legal actions against any party liable for its damages, in order to obtain repayment of the sums the Insurer has paid the Insured following a Claim. THIRD PARTY: any natural person or legal entity, other than the Insured himself. BURGLARY AND THEFT: theft of Covered Property committed by Break-in or Aggression, shown by filing a substantive complaint. Edition of 05/10/2012 Page 2/20

3 JOURNEY: transport and/or stay within the validity period of this policy, and organised, sold or supplied by the Organisation or Approved Intermediary with whom this policy was taken out, excluding journeys for an internship or school or university curricula. The "Cancellation" cover applies before departure. TERRITORY OF THE POLICY The "Holiday Curtailment" cover applies in Europe in the country visited and stated in the policy of the insured service. COVER AND EXCESS AMOUNTS TABLE EVENTS COVERED COVER AMOUNTS AND LIMITS CANCELLATION EXCESSES OR INTERVENTION LIMITS As a result of the occurrence of a covered event (except those stated below) As a result of the employer changing the holiday date As a result of burglary and theft of identity papers within 48 hours preceding the Departure Reimbursement of cancellation fees according to the scale stipulated in the General Terms and Conditions of sale within the following limits: 6,500 per insured person, and 32,000 per Claim for all of the persons insured under this policy, within the limit of the total amount of cancellation fees. Per rental: 30-25% of the amount of cancellation fees covered, with a minimum of 150, per insured rental - 30 per insured rental when the price of the rental is below 150 HOLIDAY CURTAILMENT When the stay is interrupted for one of the covered events Payment of compensation proportional to the number of rental days not used (transport not included), up to the following limits: Nil - per insured rental: 6,500 - per event: 32,000 Edition of 05/10/2012 Page 3/20

4 COMMON EXCLUSIONS TO ALL TYPES OF COVER Contrato n In addition to the specific exclusions stated for each type of cover, we never insure the consequences of the following circumstances and events: 1. Damages of all kinds intentionally caused or provoked by the Insured or with his complicity, or following wilful or malicious conduct of the Insured, except in the case of legitimate defence or assisting a person in danger. 2. The suicide or attempted suicide of the Insured. 3. Damages following consumption of alcohol by the Insured and/or the absorption by the Insured of medicines, drugs or narcotics, not medically prescribed. 4. Unless otherwise stipulated in the cover, damage resulting from Civil or Foreign War, acts of terrorism, riots, popular movements, military coups, hostage taking, strikes. 5. The civil or military application of the nuclear reaction, i.e. changes in the nucleus of an atom, the transportation and treatment of radioactive waste, use of a source or radioactive material, exposure to ionising radiation, contamination of the environment by radioactive agents, an accident or malfunction that has occurred on a site making changes to the nucleus of an atom. 6. Events for which liability could fall either on the organiser of the Journey under application of Part I of Law no of 22 July 2009 on the development and modernisation of tourist services, or on the carrier, except for contrary clauses stated in the cover. 7. Bans declared by local authorities, the restriction on the free movement of persons and goods, airport and border closures. Edition of 05/10/2012 Page 4/20

5 POLICY COVER CANCELLATION SPECIFIC DEFINITIONS IN THIS COVER: CANCELLATION: firm and final withdrawal of the Insured, from all of the insured services, formulated with FLOWER. MONITORING CHANGE: new medical consultation and/or performance of additional medical tests. The definitions of the terms common to all the types of cover are set out in the chapter Common Definitions, at the start of the policy. 1. PURPOSE OF THE COVER When the Insured cancels his booking, FLOWER may charge him for all or part of the price of the services, called cancellation fees; these fees increase as the Departure date approaches. They are calculated according to the scale given in the Cover and excess amounts table. The Insurer reimburses the Insured the amount of the cancellation fees charged, after deducting the Excess amount shown in the Cover and excess amounts table. 2. EVENTS COVERED IN RELATION TO A CANCELLATION Cancellation must follow the occurrence, after taking out the insurance, of one of the following events which categorically prevents the Departure of the Insured. Medical events: 2.1. An Illness, including related to a pregnancy, a Personal Injury, involving necessarily: either, hospitalisation from the day of the Cancellation until the day of Departure, or, - the cessation of all professional activity, or home care if the person has not worked since the day of the Cancellation until the day of Departure, and - a medical consultation, as well as drug therapy from the day of the Cancellation or the performance of medical examinations prescribed by a Doctor, Edition of 05/10/2012 Page 5/20

6 and in all cases, the payment of all this treatment by one of the health insurance organisations to which the Insured is affiliated, occurring to: the Insured himself, his spouse, de facto spouse, or partner bound by a civil solidarity pact, his direct line ascendants or descendants, as well as those of his spouse, de facto spouse or partner bound by a civil solidarity pact, his brothers, sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, fathers-inlaw, mothers-in-law, legal guardian and any person placed under his guardianship, his work replacement, appointed at the time of this policy, or failing this the person who has been appointed as part of the organisation of leave within the company, the person who was specified when this policy was taken out, against payment, during the stay of the Insured to take care of or travel with the minor children of the Insured or a disabled person living under the roof of the Insured, another member of the family of the Insured provided that his hospital stay lasts for over 48 hours, IMPORTANT: The Insured must prove that all the conditions for implementing the cover stipulated in article 2.1 have been met at the time of the Cancellation. The Insurer can refuse the request, if the Insured cannot provide the documentary proof stated in chapter The psychological, mental or depressive illness of the Insured having resulted in a hospital stay exceeding 3 days A medical contraindication to vaccination, the effects of vaccination or being medically unable to take preventive treatment required for the Insured for the destination of his Journey, provided that the Insured received a favourable medical opinion, prior to booking the insured service. Family events: 2.4. Notification of the Insured to adopt a child during the period of his rental, provided that he did not know of the notification at the time of the booking The death of: the Insured himself, his spouse or de facto spouse, or partner bound by a civil solidarity pact, his direct line ascendants or descendants, as well as those of his spouse, de facto spouse or partner bound by a civil solidarity pact, his brothers, sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, fathers-inlaw, mothers-in-law, legal guardian and any person placed under his guardianship, his work replacement, appointed when this policy was taken out, or failing this the person who was appointed as part of the organisation of leave within the company, the person who was specified when this policy was taken out, against a charge, to be responsible during the stay of the Insured to take care of or travel with the minor children of the Insured or a disabled person living under the roof of the Insured, another member of the family of the Insured, Edition of 05/10/2012 Page 6/20

7 and provided that the home of the deceased is not the place of destination of the insured service. Work events or studies: 2.6. The redundancy of the Insured or that of his spouse, de facto spouse or partner bound by a civil solidarity pact, provided that the notification to attend a prior individual assessment was not received before the day of taking out this policy and/or booking of the insured service Obtaining a salaried position or a paid work placement, taking effect before or during the dates of the insured services, when the Insured had been registered as unemployed, provided that it is not an assignment provided by an agency providing temporary employment. The cover also applies when the Insured obtains a job under an open-ended contract, prior to taking out this policy, whereas he already held a job under a fixed-term contract in the same company at the time the insured service was booked The notification of the Insured to re-sit an examination in connection with his studies, on a date during the insured service and provided that the examination failure was not known at the time of the booking The modification, by the employer of the Insured's date of paid leave that he granted him prior to booking the rental. The cover is granted to salaried employees, excluding persons for whom the validation of a line manager to set down, modify and/or cancel their leave is not necessary (e.g.: corporate officers, managers and company legal representatives, etc.). Compensation is paid after deducting the specific Excess set out in the Cover and excess amounts table. This Excess also applies to persons, registered for the rental at the same time as the Insured, having cancelled. This cover does not apply if the Policyholder of this policy is the company which has changed the leave The non-disciplinary work transfer of the Insured, imposed by his employer, obligating him to move within 8 days before the start of the insured service or during the term of it and provided that the transfer was not known at the time the insured service was booked. Property damage events: Serious Damage to property resulting from: a burglary with Break-in, a fire, water damage, a climatic, meteorological, or natural event, subject to the exclusions set out in articles 4.9 and 4.10, directly affecting the following properties: the main or secondary residence of the Insured, its professional use if the Insured is a craftsman, shop owner, company director or he carries out a liberal profession, and requiring his presence onsite on a date during the period of the insured service to carry out the administrative steps related to the damage or restoring the damaged property. Edition of 05/10/2012 Page 7/20

8 2.12. Serious damage to the vehicle of the Insured requiring the intervention of a professional and occurring within the 48 hours prior to his Departure, insofar as the vehicle can no longer be used to take the Insured to his final holiday destination An Accident or a mechanical breakdown of the means of transport used by the Insured en route, resulting in a delay of over two (2) hours compared to the scheduled time of arrival, causing him to miss the transportation reserved for his Departure, and provided that the Insured has arranged to arrive at his place of Departure at least 30 minutes: before the time limit for checking in if he is travelling by plane, before the time of Departure stated on his rail or sea ticket. Other events: Burglary and theft, in the 48 hours prior to Departure, of the Insured's identity documents (passport, identity card) essential to pass through customs during his stay, provided that a complaint has been filed at the latest on the day of the Departure. Compensation is paid after deducting the specific Excess featuring in the Cover and excess amounts table. This Excess also applies to persons having cancelled, who are registered during the stay at the same time as the Insured The notification of the Insured for an organ transplant at the time of the stay The mandatory, unforeseen summons of the Insured to appear in court, as a witness or for jury service that cannot be postponed The Cancellation of persons remaining alone or two staying together due to the Cancellation cover of one of the insured parties, provided that all are insured under this policy and feature on the same registration form on the insured service. However, all of the insured persons who are part of the same household as defined for tax purposes or who can justify between themselves a direct relationship, are insured under the "Cancellation" cover. IMPORTANT: For rentals, the cover is granted provided that the rental is fully vacated. All of the tourist services covered by this policy, irrespective of whether they are additional or sequential constitute a single rental, which only has one single date of Departure: that stated by FLOWER as marking the start of the services. 3. AMOUNT COVERED The Insurer shall reimburse, within the limit of the amounts stated in the Cover and excess amounts table, the amount of the Cancellation fees billed by FLOWER. Cancellation fees are reimbursed up to the limits shown in the Cover and excess amounts table, per insured person, but not the limit per person and per event. Edition of 05/10/2012 Page 8/20

9 The Insurer's compensation is always limited to the amount of the fees that would have been billed to the Insured if he had informed FLOWER! Village, the day the event occurred. Service charges will be reimbursed in full, provided that they form part of the insured amount, declared when this policy was taken out. The cost of tips, administration, visas, aviation taxes and other expenses excluding Service charges, as well as the premium paid to take out this policy will not be reimbursed. When the Insured cancels his Journey for a covered reason, the Insurer shall pay the single supplement of the companion insured under the same policy within the limit of the cancellation fees that would have been billed if he himself had cancelled. If the Insured chooses to change his Journey dates, rather than cancel his Journey, due to the occurrence of one of the covered events, the Insurer shall reimburse the modification fees up to the limit of the amount of the cancellation fees that would have been reimbursed if he had cancelled. An Excess amount per insured person (or per file for rentals and sea crossings), as shown in the Cover and excess amounts table, is always deducted from the compensation which is due. 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 or Personal Injuries already diagnosed, or treatment or relapse or deterioration or a hospital stay between the date on which the Journey booking was made and the date on which this policy was taken out Illnesses already diagnosed, a development, an additional examination or a change in treatment during the 30 days preceding the booking of the insured service Personal Injuries that have occurred or have given rise to surgery, rehabilitation, an additional examination or a change in treatment during the 30 days preceding the booking of the insured service; 4.4. Eardrum infections, gastric and/or intestinal ailments, vertebral column ailments, in the absence of a Monitoring change by a Doctor within 15 (fifteen) days following the first medical consultation that has led to the Cancellation Illnesses linked to a pregnancy beyond the 28 th week, voluntary termination of a pregnancy, in vitro fertilizations Medical contraindications on the Journey not due to an Illness, including linked to a pregnancy, or to a Personal Injury, according to the conditions stipulated by article Failure to have a vaccination or the necessary preventive treatment for the destination of the insured service Employer's refusal of the paid leave Epidemics, the local sanitary conditions, natural or human pollution. Edition of 05/10/2012 Page 9/20

10 4.10. Natural disasters occurring Abroad, indisputably caused by the abnormal intensity of a natural agent and those natural disasters referred to in Law no of 13 July Criminal procedures brought against the Insured Any covered event that occurs between the reservation date of the Journey and the date when this policy was taken out. 5. WHAT THE INSURED MUST DO IN THE CASE OF CANCELLATION The Insured must notify FLOWER of his withdrawal from when a covered event preventing his Departure occurs. The Insured must then advise the Insurer of the Claim within five working days of the Insured's knowledge of the event, except in the case of exceptional circumstances or force majeure: by telephone Monday to Friday, between 9 am and 6 pm At no (or for non-french speaking insured) If the Insured is outside France: At no (or for non-french speaking insured) After this time period, if the Insurer suffers a loss due to this late declaration, the Insured loses any right to compensation. 6. WRITTEN PROOF TO BE PROVIDED The Insurer shall send to the Insured the necessary information to make his insurance Claim. The Insured must provide the Insurer with any document and any information enabling him to justify the reason for his Cancellation and assess the amount of his compensation. If the reason for his Cancellation is medical, the Insured may, if he so wishes, send the medical details in an envelope marked "confidential", for the attention of the Insurer's medical advisor. EVENTS COVERED IN ALL CASES WRITTEN PROOF TO BE PROVIDED<0} - the booking confirmation of the insured services, - the bill of the cancellation fees of the insured services, - where applicable, the official document specifying the relationship with the person at the origin of the Cancellation (copy of the official family record book, cohabitation certificate, etc.), - the Insured's bank account details, - after assessing the file, any other proof on the request of Mondial Assistance. Edition of 05/10/2012 Page 10/20

11 In the case of Illness, including related to pregnancy or Personal Injury: - where applicable, the prescriptions for drug therapy, - where applicable, the report of examinations, - where applicable, a copy of the work stoppage certificate, - where applicable, the hospitalisation form, - after assessing the file and on the Insurer's request: the reimbursement statements from the health insurance organisation to which the Insured is affiliated. In the case of a medical contraindication for a vaccination or following preventive treatment: - the medical contraindication certificate for a vaccination or following preventive treatment, - any medical document proving the situation making the vaccination or preventive treatment incompatible. In the case of a notification for a child's adoption: - a copy of the official notification. In the case of death: - a copy of the death certificate, - where applicable, the details of the notary public in charge of the succession of the deceased Insured. In the case of re-sitting an examination: - a copy of the notification to re-sit the examination, - a copy of the postponement or statement establishing the postponement. In the case of redundancy: - a copy of the notification letter to attend a meeting prior to redundancy, - a copy of the redundancy letter. In the case of obtaining employment: - recent proof of unemployment or registration at a French Employment Centre, - a copy of the hiring letter or employment contract. In the case of obtaining a paid work placement: - recent proof of unemployment or registration at a French Employment Centre,<0} - a copy of the paid work placement agreement. Edition of 05/10/2012 Page 11/20

12 EVENTS COVERED In the case of the employer changing the dates of the paid leave: WRITTEN PROOF TO BE PROVIDED (continued) - a copy of the prior agreement of the leave, - a copy of the pay slip on which there is a summary of the leave for the month of the cancelled rental. In the case of a work transfer: - a copy of the signed amendment to your employment contract, stating the date and place of the transfer. In the case of serious Damage to property: - the acknowledgment of receipt of the insurance claim with the comprehensive household insurance insurer, - in the case of burglary, a copy of the complaint made to the police authorities. In the case of serious damage to the vehicle: - the acknowledgment of receipt of the insurance claim with the car insurer, - or a copy of the repair bill and/or vehicle towing. In the case of Accident or mechanical breakdown of the means of transport occurring en-route: Public transport: - the public transport stating the time of Departure, - a copy of the certificate drawn up by the transport company stating the date, time of the incident and the delay or immobilisation period. Private transport: - a copy of the breakdown/towing bill, - where applicable, the acknowledgement of receipt of the insurance claim from the car insurer. In the event of the theft of identity papers: - a copy of the substantive complaint drawn up by the police authorities Edition of 05/10/2012 Page 12/20

13 HOLIDAY CURTAILMENT DEFINITION SPECIFIC TO THIS COVER: HOLIDAY CURTAILMENT: premature curtailment of the insured services following a covered event. The definitions of the common terms to all the types of cover feature in the chapter Common Definitions, at the start of the policy. 1. PURPOSE OF THE COVER The Insurer guarantees, within the limits fixed in the Cover and excess amounts table, the payment of compensation in the case of an interruption in the Insured's stay after one of the following events: the medical repatriation of the Insured, organised by another assistance company, hospitalisation of the Insured onsite, provided that this has been validated by another assistance company. the early return of the Insured organised by another assistor in the following cases: - in order to attend a funeral, following the death of his spouse, de facto spouse or partner bound by a civil solidarity pact, one of his direct line ascendants, descendants, or those of his spouse, de facto spouse or partner bound by a civil solidarity pact, his brothers, sisters, brothers-in-law, sistersin-law, sons-in-law, daughters-in-law, fathers-in-law, mothers-in-law, legal guardian and any person placed under his guardianship not participating in the Journey and living in Europe; - in the event of damage to property as a result of a burglary by Break-in, fire, water damage or climatic event, making the Insured's presence onsite essential to implement protective measures and administrative action, and affecting: - his main or secondary residence, - his business when the Insured is a tradesperson, shop owner, company manager or carries out a liberal profession. 2. AMOUNT COVERED Compensation is calculated from the day after the day when one of the events stipulated in article 1 "Purpose of the cover" (medical repatriation, hospitalisation onsite, early return) occurs. Compensation is proportional to the number of days of rental unused and the number of persons who have actually vacated the holiday accommodation during the period under consideration. Administration fees, tips, the insurance premium, as well as the reimbursements or payouts granted by FLOWER will be deducted from the calculation basis. Edition of 05/10/2012 Page 13/20

14 Compensation is paid up to the limits shown in the Cover and excess amounts table, per insured person, but not exceeding the Per event limit. Compensation is calculated on the basis of the cost of the insured rental accommodation, up to the limit and per event of the amounts stated in the Cover and excess amounts table, on the assumption that the rental accommodation will be fully vacated. The Insurer shall also pay for cleaning at the end of the stay, whether initially stipulated or not, within the limit, per rental and per event, of the amounts stated in the Cover and excess amounts table, on the assumption that the rental accommodation will be fully vacated. IMPORTANT: When the stay has been interrupted by the hospitalisation of the Insured onsite, the insured companions having continued to occupy the premises will be compensated from the day after the day of their actual repatriation. 3. 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: 3.1. All the events not stipulated in chapter 1. "Purpose of the cover" Epidemics, the local health situation, natural or human pollution, meteorological, climatic or natural events Natural disasters occurring Abroad, definitely caused by the abnormal intensity of a natural agent and those natural disasters referred to in Law no of 13 July WHAT THE INSURED MUST DO IN THE CASE OF A CLAIM 4.1. Before organising his return, the Insured must call on Mondial Assistance to obtain its prior agreement to his Holiday Curtailment. by telephoning or , if the Insured is outside France 24 hours a day 7 days a week A file reference is then sent to him. Edition of 05/10/2012 Page 14/20

15 4.2. Then, the Insured must make his reimbursement request for the unused services due to this interruption: Either, by to Or by post to the following address: Mondial Assistance Service Relations Clientèle Tour Gallieni II 36 avenue du Général de Gaulle Bagnolet cedex Or, by telephone Monday to Friday, between 9 am and 6 pm at no or at no , if the Insured is outside France 5. WRITTEN PROOF TO PROVIDE Mondial Assistance will send to the Insured the necessary information to make his insurance Claim and he must provide Mondial Assistance with any document and all information enabling him to justify his request and assess the amount of his loss, particularly: EVENTS COVERED WRITTEN PROOF TO PROVIDE<0} - FLOWER bills concerning the insured service, - the Insured's bank account details,<0} - originals of the unused and used return transport tickets, IN ALL CASES - the file reference for which the Insured has obtained Mondial Assistance's agreement to interrupt the stay, or - the intervention certificate of another assistor specifying the reason for the intervention, - after assessing the file, any other proof on the request of Mondial Assistance. Edition of 05/10/2012 Page 15/20

16 ADMINISTRATIVE PROVISIONS 1. THE TEXTS GOVERNING THE POLICY AND THE LOCATION OF POLICIES This policy is governed by the French Insurance Code, the General Terms and Conditions, as well as the Specific Terms and Conditions. Concerning transactions made on the Internet, the virtual space constituted by web pages at is deemed to be situated in French space and the policies taken out there are therefore located in France, without prejudice to the protection that the consumer has under the law of the country in which he has his usual residence. The General Terms and Conditions are drawn up in French. 2. PROCEDURES FOR TAKING OUT COVER, WHEN IT TAKES EFFECT AND ITS TERMINATION The policy must be taken out: for the "Cancellation" cover: on the same day as the booking or within 2 working days of the booking, at the latest; for the "Holiday Curtailment" cover: before Departure, provided that the Insured has not already taken his means of transport to travel to his destination. Cover takes effect: for the "Cancellation" cover: the day after payment of the premium at midnight. for the "Holiday Curtailment" cover: at midnight on the day of Departure stated in the Specific Terms and Conditions and, at the earliest, after payment of the premium. The cover ends: for the "Cancellation" cover: from the start of the insured services; for the "Holiday Curtailment" cover: 24 hours the day of the return stated in the Specific Terms and Conditions. The "Cancellation" cover does not accumulate with the "Holiday Curtailment" cover. 3. CUMULATIVE INSURANCE If the Insured is covered for the same risks with other insurance companies, he must inform the Insurer of this and provide it with their details and the scope of their cover, in accordance with Article L of the French Insurance Code. The Insured can obtain compensation for his damages by contacting the Insurer of his choosing. Edition of 05/10/2012 Page 16/20

17 4. RIGHT FOR THE INSURED TO CHANGE HIS MIND In accordance with Order no of 6 June 2005 on distance marketing of financial services, the right for the Insured to change his mind does not apply to travel insurance or baggage insurance policies (Article L of the French Insurance Code). 5. SUBROGATION IN THE RIGHTS AND ACTIONS OF THE INSURED In consideration for the payment of compensation and, up to its limit amount, the Insurer becomes beneficiary of the rights and actions that the Insured owned against anyone liable for the Claim, in accordance with Article L of the French Insurance Code. If the Insurer can no longer exercise this action, due to the Insured, he can be released from all or part of his obligations towards the Insured. 6. PENALTIES APPLICABLE IF THE INSURED MAKE A FALSE STATEMENT WHEN TAKING OUT THE POLICY Any non-disclosure or intentional false statement by the Insured in declaring the risk is penalised by the nullity of the policy under conditions stated in Article L of the French Insurance Code: Any omission or inaccuracy by the Insured, for which bad faith is not established is penalised under the conditions stated in Article L of the French Insurance Code: - if it is noticed before any Claim: the Insurer has the right either to continue the policy in return for an increase in the premium, or terminate the policy in under ten days by registered letter, by reimbursing the proportion of the premium overpaid. - if it is only noticed after the Claim: the Insurer can reduce the compensation, proportionate to the premium paid in relation to the amount of the premium which would have been due if the risk had been fully and accurately declared. 7. PENALTIES APPLICABLE IF THE INSURED MAKES AN INTENTIONALLY FALSE STATEMENT AT THE TIME OF THE CLAIM Any fraud, non-disclosure or intentional false statement by the Insured about the circumstances or consequences of an incident will result in the loss of all entitlement to services or compensation for this Claim. 8. TIME LIMITATION Any legal action arising from the insurance policy is subject to a time limitation period of 2 years from the event which gives rise it, under the conditions established by articles L of the French Insurance Code. Pursuant to article L of the French Insurance Code, the time limitation is interrupted by: the sending of a registered letter with acknowledgment of receipt by the Insurer to the Insured regarding the action for payment of the premium and by the Insured to the Insurer concerning payment of the compensation, Edition of 05/10/2012 Page 17/20

18 the appointment of an assessor following a Claim, the ordinary causes of interruption of the Time Limitation. Contrato n THE ADDRESS FOR SENDING WRITTEN PROOF TO BE PROVIDED IN THE EVENT OF A CLAIM For the Cancellation cover, the written proof must be sent to: Mondial Assistance Service Gestion des Sinistres (Claims Department) DT rue de Londres Paris Cedex 08 For the Holiday Curtailment cover, the written proof must be sent to: Mondial Assistance Service Relations Clientèle Tour Gallieni II 36 avenue du Général de Gaulle Bagnolet Cedex 10. DAMAGE ASSESSMENT The causes and consequences of the Claim are assessed by mutual agreement and failing this by a third party amicable assessment, subject to the respective rights of the Insurer and the Insured. The fees for this assessment are shared between the parties. If the parties cannot agree on the choice of the third party expert, the appointment is made by the Presiding Judge of the Regional Court of the place where the Policyholder resides. This appointment shall be made on a written request signed by the Insurer or by just one of the parties, the other having been summoned by registered letter. 11. CLAIM SETTLEMENT TIME PERIOD As soon as the Insured's file is complete, compensation will be paid within 10 days following the agreement between the Insurer and the Insured, or the enforceable court ruling. 12. COMPLAINTS HANDLING PROCEDURES When an insured party is unhappy with the way in which his request has been treated, his first course of action should be to inform his usual contact so that the reason for his dissatisfaction can be understood and solutions sought. In the event of a disagreement, any complaints should be sent to the following address: Edition of 05/10/2012 Page 18/20

19 MONDIAL ASSISTANCE FRANCE SAS Service Traitement des Réclamations TSA Paris cedex 08 Contrato n The insured will receive an acknowledgement of receipt within ten (10) working days (excluding Sundays and public holidays) from the date on which his complaint is received, unless a response to the complaint is sent to him within this timeframe. A response will be provided no later than two (2) months after the date on which his complaint is received, unless special circumstances arise, of which the insurer shall keep him informed. If the dispute persists after the insurer's response, after a final examination of his request has been made and all modes of internal appeal have been exhausted, the insured may then refer the matter to the independent mediator at the following address: Médiateur de la Fédération Française des Sociétés d'assurance (FFSA) BP Paris cedex 09 The insurance companies belonging to the FFSA have established a system enabling insured and third parties to benefit from a mediation procedure for settling their disputes. This system is governed by the 10 rules set out in the FFSA Mediation Charter. 13. JURISDICTION AGA International elects domicile in its secondary establishment: 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 given above. 14. FRENCH DATA PROTECTION LAW In accordance with French Data Protection Law no of 6 January 1978, amended by Law no of 6 August 2004, the Insured has the right to oppose, access, modify, rectify and delete any information concerning him, that is contained in the files of the Insurer, by contacting its head office in France. 15. REGULATORY AUTHORITY The organisation in charge of regulating AGA International is the Autorité de Contrôle Prudentiel, 61 rue Taitbout, Paris Cedex LEGAL NOTICES AGA International Edition of 05/10/2012 Page 19/20

20 Head office: 37 rue Taitbout PARIS Société Anonyme (French public limited company) with share capital of 17,287, Paris Companies Register Secondary establishment: Tour Gallieni II - 36 avenue du Général de Gaulle BAGNOLET Cedex Private company governed by the French Insurance Code. Edition of 05/10/2012 Page 20/20