MISSED EVENT INSURANCE

Transcription

1 MISSED EVENT INSURANCE These General Conditions will allow you to know in detail the framework of the agreement you have entered into with AGA INTERNACIONAL, S.A. Sucursal en España (hereinafter, AGA INTERNACIONAL) by taking out this insurance. Please read this policy carefully, including the exclusions hereto. Should you have any queries or claims, the AGA INTERNACIONAL Telephone Help Line is at your disposal on , as well as the website, where you will find all the information you need. How to use your policy As soon as you become aware that it is impossible for you to use your ticket for the event for a reason covered by the policy, you should notify this immediately to AGA INTERNACIONAL by to [email protected], or by telephone on CONTENTS GENERAL CONDITIONS 1-6 I. Definitions II. Common Provisions III. Cancellation Guaranty This insurance agreement is governed by the following provisions: The Insurance Agreements Act 50/80 of 8 October (Official State Gazette ) Royal Legislative Decree 6/2004 of 29 October, approving the revised text of the Private Insurance Regulation and Supervision Act. Rule 2486/1998 of 20 November, approving the Regulation on Management and Supervision of Private Insurance and subsequent amendments Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws and subsequent amendments Any other regulations which, during the term of this Policy, may be applicable, as well as the provisions of these General Conditions, Private Conditions, and where appropriate, Special Conditions. This agreement shall be executed under the Régime of Right of Establishment. I. DEFINITIONS In this agreement, the following terms shall have the following meanings: INSURER is AGA INTERNACIONAL, S.A,. Sucursal en España, with its registered office at Avenida de Manoteras 46 bis, Madrid, and holder of Tax number W A. It is recorded at the Commercial Registry of Madrid at Tome 26,138, Folio 140, Section 8, page M , and recorded at the Special Register of Insurance Companies in Spain This is the legal entity that is to bear the contractually-agreed risk, and the regulation and supervision of the said activity corresponds to: - The Member State responsible for regulating the INSURER is France and the Authority who is responsible for this control is the "Autorité de Contrôle Prudentiel", 61 rue Taitbout, Paris Cedex 09 - The Spanish Insurance and Pension Funds Directorate-General, of the Ministry of the Economy and Taxation, pursuant to article 133 of the Private Insurance Regulation and Supervision Rules (Royal Decree 2486/1998). The Spanish legislation does not apply to the eventual liquidation of insurance companies, as described in Royal Decree 6 / 2004 of 29 October, approving the revised Laws of the regulation Supervision of Private Insurance.

2 POLICYHOLDER is the private individual or body corporate with habitual residence in Spain who/which enters into the agreement with the insurer and who/which is responsible for the duties arising under the said agreement, except where the nature of the said duties requires that they be discharged by the insured. INSURED is the private individual with habitual residence in Spain who purchases a ticket for any event marketed by TICK TACK TICKET, S.A. through its website, with regard to whom the insurance is established. He/she assumes the duties arising under the agreement in default of the policyholder. ADDRESS is where the insured has his/her habitual residence, and this is stated in the Private Conditions of the policy. PREMIUM is the price of the insurance. The payment order shall also include any surcharges and taxes as applicable by law: - Surcharge aimed at financing the settlement functions of insurance companies - Surcharge on extraordinary risks ACCIDENT is any event that is capable of being covered by this insurance. A harmful event or series of harmful events caused by one single original cause shall be deemed to amount to one single accident, irrespective of the number of claimants or claims deriving therefrom. POLICY is the document containing the conditions that govern the insurance. The following form an integral part of the policy: the general conditions, the private conditions, which individualize the risk and contain those clauses which, in accordance with the wishes of the parties, complete or amend the General Conditions as allowed by law, the special conditions, and the supplements or annexes issued in relation thereto in order to complement it or expand it. INSURED SUM is the amount set in the Private Conditions, or where appropriate in the General and Special Conditions, which constitutes the maximum limit of the indemnity payable by the Insurer for each accident. EXCESS is the amount in each claim, in accordance with the provisions of the policy for each one of the risks covered, payable by the insured. EPIDEMIC is the appearance of an infectious disease affecting a high number of people, in a specific region and in a relatively short space of time. FAMILY MEMBERS: only the following are considered as being family members: spouse, commonlaw spouse, children, parents, grandparents, grandchildren, siblings, parents-in-law, sons or daughters-in-law, brothers or sisters-in-law of the Insured, unless the cover should provide otherwise. In addition, the legal guardians of the Insured shall also have this status. Should the content of the policy differ from the insurance proposal or from the agreed clauses, the policyholder may request the insurer, within one month as from the delivery of the policy, to remedy the divergence that has been discovered. Once the said period has elapsed without any such request being made, the provisions of the policy shall prevail. In the event that the insurance has been purchased remotely, and in accordance with the provisions of Law 22/2007 of 11 July on the remote marketing of financial services aimed at consumers, we hereby inform you that if the term of the insurance is more than one month, the policyholder may withdraw from this agreement within a term of fourteen calendar days as from the date the insurance was acquired. In order to exercise the right to withdraw, the policyholder must send a letter by registered mail or any other method that allows a record to be kept of its date of sending and receipt to the Department of Commercial Assistance and Customer Care at AGA INTERNACIONAL, SA,. Sucursal en España, Avda. de Manoteras 46 bis (Madrid 28050), or by to [email protected]. Should the policyholder opt to withdraw from this agreement, AGA INTERNACIONAL,SA Sucursal en España shall refund him/her/it with the proportional part of the unused premium in accordance with the risk covered up to the date of the withdrawal. Said refund shall be made within 30 days following receipt of the application. 2-6

3 II. COMMON PROVISIONS Aim of the insurance AGA INTERNACIONAL guaranties, in accordance with the conditions laid down here, to refund the price of the tickets acquired by the insured through TICK TACK TICKET, S.A., where the latter should cancel attendance at the event prior to the day on which it is to start, for any of the reasons envisaged in the policy. Entry into force and term of the insurance agreement The agreement shall enter into force at 00:00 hours on the day stated in the Private Conditions as being the issue date, and shall expire when the guaranties covered cease to be in effect, in accordance with the provisions of the following paragraph. Effect of the guaranties 3-6 The cancellation guaranty shall come into effect from the issue date of the policy, which date must under all circumstances coincide with the date on which the ticket was purchased, and shall cease on the day of the event, provided that the premium has been paid. The insurance can be purchased until 12pm one day prior to the event. Territorial limits The cover guarantied under this policy shall be valid for any Events in any place in the world offered for sale by TICK TACK TICKET, S.A. Payment of the premium The insurance policyholder shall be under a duty to pay the premium at the time the agreement is formalized. Should the premium not be paid for a reason attributable to the policyholder, AGA INTERNACIONAL shall be entitled to terminate the agreement or to request payment of the outstanding premium. Under all circumstances, where the premium has not been paid before an accident occurs, AGA INTERNACIONAL shall be released from all duties. Claims In the event of an accident, you should notify AGA INTERNACIONAL immediately of what has occurred by way of the website, by [email protected], or by telephone on or within 7 days. Once this time limit has elapsed AGA INTERNACIONAL may seek compensation for losses occurred as a result of lack of communication. Once it has been informed of the accident, the AGA INTERNACIONAL Claim Department will send you a form or a request for documents which you should fill out. This will contain a list of the documents you must necessarily supply in order for the accident to be indemnified. In any event, all original receipts, invoices, payment orders, certificates, and notices shall be supplied, as well as any medical reports and other documents in proof of the occurrence of the events covered by this policy, and of having incurred in expenses that may be reimbursed under the said policy. AGA INTERNACIONAL will be able to check through a computer tool put to disposition previously by TICK TACK TICKET, S.A. the no-utilization of the tickets purchased through Internet. This should be sent to AGA INTERNACIONAL SA. Sucursal en España, Claim Department: Avenida de Manoteras, 46 bis, Madrid. The insured shall under all circumstances notify AGA INTERNACIONAL of guaranties acquired from other insurers for the same risk. Liability AGA INTERNACIONAL shall not be liable for any delay in or failure to comply with the provision of the guarantied services in those cases where the delay or breach are caused as a result of: - Strikes - Explosions

4 - Revolts - Popular uprisings - Riots - Quarantine - Restrictions on free circulation - Sabotage - Terrorism - Civil or foreign war, whether declared or not - The effects of radioactivity or any other fortuitous circumstances or force majeure. Other insurers The insured shall, under all circumstances, and in accordance with Law 50/1980 on Insurance Agreements, notify AGA INTERNACIONAL of any guaranties taken out for the same risk with other insurers. Said notification shall be made either at the time the insurance is taken out or during the course of the guaranty. Forums for the resolution of disputes between the parties 1. By way of Order ECO/734/2004 of 11 March, the Ministry of the Economy and Taxation regulates the activities of the Customer Care service that AGA INTERNACIONAL SA. Sucursal en España makes available to all its Clients in order to attend to and resolve any complaints and claims filed by policyholders, insureds, beneficiaries, third-party victims, or the representatives of any of the foregoing. Complaints and claims should be filed at the following address: 4-6 AGA INTERNACIONAL SA. Sucursal en España SERVICIO DE ATENCION AL CLIENTE Avenida de Manoteras 46 bis, MADRID Or to [email protected] The Customer Care Service (CCS) shall resolve the said complaints and claims within a maximum term of two months as from the date they were filed. In the event the client is not satisfied with the decision of the said Service, he/she may appeal the said decision to the CLAIM SERVICE OF THE INSURANCE AND PENSION FUNDS DIRECTORATE-GENERAL, provided that he/she has first exhausted the CCS channel of the Insurance Company. The said appeal should be filed at the following address: Paseo de la Castellana 44, Madrid The functioning of the Customer Care Service is governed by the Regulations, approved by the Company s Board of Directors, which may be viewed on our website, 2. By way of arbitration The parties may, by mutual accord, agree to submit any disputes arising from this insurance to be resolved by arbitration, in accordance with the legislation in force. 3. Before the Courts of Justice Should one of the parties decide to exercise its rights before the Courts of Justice, the Courts of the insured s place of residence shall have jurisdiction. Special clause When you take out this insurance policy, the data you supply to TICK TACK TICKET, S.A., which TICK TACK TICKET, S.A. will thereafter supply to us, or which you supply directly to us, will be stored in a file, responsibility for which rests with AGA INTERNACIONAL, SA Sucursal en España, with the aim of managing your insurance. Furthermore, during the time that it is in force, we may ask you for further personal data in order to handle any possible claims, which data shall likewise be stored in files owned by AGA INTERNACIONAL SA, Sucursal en España. Pursuant to the provisions of the Organic Personal Data Protection Act of 13 December 1999, you are entitled to exercise the rights of access, correction, cancellation, and opposition over your data, by

5 addressing yourself to the Audit Department, AGA INTERNACIONAL., Sucursal en España, Avenida de Manoteras 46 bis 6ª planta, Madrid. The policyholder states that he/she has informed any third parties whose personal information he/she has supplied of the content of the foregoing paragraphs. III. CANCELLATION GUARANTY ARTICLE ONE. DESCRIPTION OF THE COVER INCLUDED. AGA INTERNACIONAL guaranties, in accordance with the conditions laid down here, to refund the gross price of tickets (including any service, delivery or other fees) for events acquired through TICK TACK TICKET, S.A. up to the maximum limit envisaged in the policy, where the insured is unable to attend the event for any of the reasons stated below. The said reasons must be sufficiently proven: List of reasons for cancellation covered. 1. Serious illness, serious personal injury, or death of: The insured and family members as defined in this policy. Serious illness shall be deemed to be a deterioration in health certified by a medical professional requiring admission to hospital or a need to remain in bed, and where the said situation persists for the 7 days prior to the event, and which in the opinion of the AGA INTERNACIONAL medical team makes it medically impossible to attend on the expected date. Where the illness should affect family members of the insured, whether or not they are insured, serious shall be deemed to mean requiring admission to hospital or where there is a risk of imminent death, and where the said situation persists for the 7 days prior to the event. Serious accident shall be deemed to mean unintentional physical injury suffered by the insured caused by any unforeseen action from an external source, verified by a medical professional, which requires admission to hospital or a need to remain in bed, and where the said situation persists for the 7 days prior to the event, and which in the opinion of the AGA INTERNACIONAL medical team makes it medically impossible to attend on the expected date. Where the accident should affect family members, as they are defined in this policy, serious shall be deemed to mean requiring admission to hospital or where there is a risk of imminent death, and where the said situation persists for the 7 days prior to the event. Annulments caused by pre-existing illnesses or pregnancy complications are guarantied, provided that there has been a supervening aggravation after the date the insurance was taken out. Giving birth and pregnancy complications are excluded as from the 7th month of gestation. 2. Serious damage caused by theft, fire, floods, an explosion, or an act of God at his/her habitual residence or professional premises, whether owned or rented. The damage must make the dwelling or premises uninhabitable, or subject to a serious risk of incurring even greater damage, which justify his/her unavoidable presence on the day of the event. 3. Dismissal of the insured from employment. Under no circumstances shall this guaranty come into effect as a result of expiry of the employment contract, voluntary resignation, or failure to pass a trial period. Under all circumstances, the insurance must be taken out before written notice of the dismissal is served. 4. Being called as a party, specifically as a defendant or plaintiff, witness, or jury member in legal proceedings, notified after the insurance was taken out, and which requires the insured to attend on the date of the event. 5. Breakdown or accident affecting the vehicle owned by the insured or his/her spouse, occurring 48 hours prior to the event, rendering the vehicle unusable, thereby making it impossible for the insured to attend the event. Under all circumstances the vehicle must be taken to a garage for repair and to verify the breakdown, and the insured must provide the pertinent invoice to evidence the occurrence of the event. 6. Geographical transfer of employment, provided always this involves a change of habitual residence for the insured at a distance of at least 150 kilometres during the date of the event, and the insured is not self-employed. The transfer must be notified to the insured after the date on which the insurance was taken out. For the purposes of this guaranty, habitual residence shall be deemed to be where the insured resides on a permanent basis for more than 6 months of the year. 5-6

6 7. Delay in the arrival of the means of public transport used by the insured to reach the event, provided that there is a minimum of 2 hours between the official arrival time of the said means of public transport to the city where the event is to be held and the time at which the event is to start. In order to process payment, it shall be necessary to file the documents in proof of the delay issued by the Operator of the means of public transport. This indemnity shall arise provided that this risk has not been borne by the transport company. INDEMNITY LIMIT. CALCULATION OF THE INDEMNITY The indemnity limit is hereby established in the sum of 300 per person insured. The AGA INTERNACIONAL medical team shall verify in each case that the scope and/or seriousness of the illness or accident are sufficient reason for the cancellation, as well as the start date of the reason for cancellation. ARTICLE TWO. EXCLUSIONS In general terms, cancellations caused as a result of the following are excluded from the insurance: 2.1. The consumption of alcohol, drugs, and narcotics, unless they are prescribed by a doctor and are taken in the manner prescribed Psychiatric, mental, or nervous illnesses that do not require hospitalization for more than 7 days Malicious or negligent conduct on the part of the insured, as well as self-inflicted injuries, suicide, or attempted suicide Accidents caused by taking part in bets, contests, competitions, duels, and fights (except in cases of self-defence) Epidemics, quarantine, pollution, and natural disasters Civil or foreign wars, whether declared or not, riots, popular uprisings, acts of terrorism, as well as any intentional failure to observe official prohibitions Any effects caused by a radioactive, biological, or chemical source Failure to be vaccinated or the impossibility thereof, and the medical impossibility of undergoing the treatment necessary to travel to certain countries Failure for any reason to show necessary travel documents such as passport, visas, tickets, or ID cards Giving birth and pregnancy complications as from the 7th month of gestation, as well as voluntary interruption of pregnancy Medical appointments or check-ups, periodical tests, rehabilitation sessions, treatments, aesthetic treatments Where prior to the 7 days prior to the event, the situation of hospitalization or need to remain in bed as a result of an accident or serious illness has ceased. 6-6