Mashreq SmartSaver Credit Card Terms and Conditions

Transcription

1 TERMS AND CONDITIONS Section 1: Cashback Terms & Conditions Section 2: General Credit Card Cardholder Agreement Page 1 of 98 Mashreq SmartSaver

2 Cashback Terms & Conditions 1.1 DEFINITIONS AND INTERPRETATION DEFINITIONS Billing Month for the purposes of this section means the statement period for the Primary Card Account and billed amount is the amount of the qualifying transaction as it appears in the statement of account. Cards means Mashreq SmartSaver Credit Cards. Cardholders means the holders of Mashreq SmartSaver Credit Cards. Cashback means an accrued amount earned on Qualifying Transactions at rates decided by the Bank from time to time at its absolute discretion; and which may be credited to the Primary Account on application by the primary Cardholder. Enrolment Date means the date of activation of the Card for the existing Cardholders and the date on which the Primary Account is activated for new Cardholders. Primary Account has the meaning ascribed to in section 1.2. Program has the meaning ascribed to in section 1.2. Qualifying Transactions for the purposes of this section means retail, online transactions and/ or other transactions that the Bank defines as eligible from time to time INTERPRETATION (a) The Program supplements, but does not in any way amend the Credit Card Agreement between the Bank and the Cardholder, and any term referenced but not defined herein would be interpreted in accordance with the agreement pertaining to credit cards entered between the primary Cardholder and the Bank (the Credit Card Agreement ). (b) Notwithstanding anything contained herein, in the event there is any contradiction between these Terms and Conditions and the Credit Card Agreement, then terms of Credit Card Agreement shall prevail. 1.2 THE PROGRAM Mashreq s SmartSaver Credit Card allows eligible Cardholders to accumulate Cashback on Qualifying Transactions incurred on their Cards during the Billing Month as per the maximum amount set by the Bank from time to time (the Program ). Cashback accumulated on such Cards can only be redeemed by credit to the primary Cardholder s Card account ( Primary Account ). Only Qualifying Transactions posted by the Bank to the Primary Account would be considered eligible for the Program. The billed Page 2 of 98 Mashreq SmartSaver

3 amount of the Qualifying Transaction will be considered for Cashback calculation in the statement that the Qualifying Transaction appears. 2. ELIGIBILITY 2.1 The Program is open to such Cardholders as determined by the Bank from time to time whose Cards are not blocked, and are in good standing as determined by the Bank. 2.2 The Cashback earned by a supplementary Cardholder will accrue to the account of the primary Cardholder. 3. ENROLMENT 3.1 Participation in the Program is automatic for all eligible Cardholders. 3.2 The Cardholder may continue to use his/her Card as he/she normally does. 3.3 The Bank may impose fees on the Program at its absolute discretion, which may be varied from time to time. 4. CASHBACK 4.1 The Cardholder will earn Cashback at a percentage of Qualifying Transactions as specified by the Bank from time to time, provided that the total Qualifying Transactions incurred in AED (Dirhams) during a Billing Month meets the minimum amount determined by the Bank. The Bank at its sole discretion will round down the total Cashback earned during a Billing Month to the nearest Dirham. 4.2 All Qualifying Transactions billed to the Primary Account under this Program are eligible to earn Cashback. This will not include the following transactions: Balance transfers Local cash advances Credit card cheques Finance charges All fees charged on the Card by the Bank Transactions reversed by Merchants Utility bill payments like telephone bills, water and electricity bills made through the Bank's payment channels like Call centre Mashreq On-line, ATM, mobile banking, branches or any other Bank's payment channel. Any other transactions determined by the Bank from time to time Page 3 of 98 Mashreq SmartSaver

4 4.3. A Cardholder cannot accrue Cashback for any retail purchase(s) incurred prior to his/her Enrolment Date Cashback accumulated by a Cardholder on the Card cannot be combined or used in conjunction with Cashback of his/her other Cards at the time of redemption or transferred to any other card or customer loyalty program unless otherwise specifically notified by the Bank The Cashback is not transferable by operation of law or otherwise to any other person or entity. The Cashback is an accrual payable solely at the discretion of the Bank; it is not an attachable account balance and neither is it a balance which may be transferred to any other person or entity The accrued Cashback has a monetary value on redemption; it can be redeemed only as a credit to the Primary Account. When redeemed, the equivalent value will reflect as a credit to the Primary Account in the same manner as any other repayment The Bank will notify the primary Cardholder in the monthly card statement of the Cashback accumulated. The primary Cardholder can only redeem Cashback after it has been reflected as an accumulated balance in the card statement In the event the Primary Account is voluntarily closed by the primary Cardholder for any reasons whatsoever, the Cashback accumulated on his/her Card must be redeemed prior to closure of such Card, subject to the same being requested in writing, otherwise the same shall automatically lapse and shall stand forfeited. In the event of cancellation of the Card for any other reason, all the Cashback accumulated shall stand forfeited. If the Card is blocked or suspended for any reason whatsoever, then the Cashback accumulated shall stand forfeited but may be reinstated, at the sole discretion of the Bank The Bank s decision on computation, lapse, cancellation, forfeiture, credit, debit and re-installment of Cashback shall be final, conclusive and binding on the Cardholder % Cashback on Education & utility: The customer shall only be eligible for 5% cash back on their Mashreq SmartSaver MasterCard Credit Card, should the customer have spent a minimum of AED 3,000 on all other retail purchases excluding Education & Utility spends prior to or at the time of billing. The educational institution must be approved and listed with MasterCard Worldwide as an Educational Institution. Any educational institution the customer has enrolled and paid for, regardless of being international and/or domestic yet not approved and listed on MasterCard Worldwide as an Educational Institution, the customer shall NOT be eligible for the 5% cash back, i.e. promotion or offer Bonus Cashback: The Bank will conduct several Cashback offers based on select categories or across Bank preferred partners. For the avoidance of doubts and ambiguity, The Cashback offered under the Page 4 of 98 Mashreq SmartSaver

5 promotion is CONDITIONAL. The customer will be eligible for the Cashback only on actual and valid purchases made and as and when the customer has fulfilled the eligible criteria as determined by the Bank. The Bonus Cashback will be valid for the period determined by the Bank from time to time. The bonus Cashback offer will be at the sole discretion of the Bank. SmartSaver Everyday Partner offers: The list of the partners & offers will be published and updated on the Mashreq website from time to time Any variation, alteration, modification, and/or amendment to the terms and conditions shall be published on the Bank s website: and shall supersede the earlier terms and conditions communicated to the Cardholder The offers listed on the website, will be the valid offers at any point in time during the promo period. These offers may keep on changing during the offer period and for an updated list of all offers, customers should visit the website before deciding to avail the relevant benefit. Mashreq shall not be liable for honoring any discount/benefit in case the offer no longer exists on the website. 5. REDEMPTION & FORFEITURE 5.1 The Card must not be overdue, suspended, blocked, cancelled or terminated by the Bank at the time of the receipt of request for redemption of Cashback. In any of the above events, it is at the discretion of the Bank whether the Cashback amount may be redeemed or will be forfeited. 5.2 The method for redemption of Cashback is that the primary Cardholder shall have to call the Mashreq phone banking number on , and after the identification process, must request redemption of all or part of the accrued Cashback. 5.3 The minimum amount that is allowed to be redeemed in any instance is AED 100/ The Bank will credit the Primary Account with the Cashback redemption amount requested within 3 working days of receipt of the redemption request from the primary Cardholder. 5.5 On redemption, the Cashback would automatically be subtracted from the Cashback accumulated in the Primary Account. 5.6 Cashback must be redeemed by the Cardholder within 18 (Eighteen) months of earning such Cashback. If not redeemed within this period, or such other period as the Bank may decide, such Cashback shall be forfeited and will be reduced from the balance reflected in the statement of the Primary Account. 5.7 Cashback is not exchangeable for other rewards, or refundable, replaceable, or transferable under any circumstances, nor can this be reconverted back to Cashback accrued. Page 5 of 98 Mashreq SmartSaver

6 6. GENERAL 6.1 Fraud and/or abuse relating to earning and redemption of Cashback in the Program may result in forfeiture of the Cashback as well as termination and cancellation of the Card. 6.2 The Bank reserves the right to cancel, suspend, change or substitute the Cashback or the Cashback conditions or the basis of computation of Cashback or the terms and conditions of the Program at any time, without giving any intimation to the Cardholder. 6.3 The Bank would be deemed to have acted in good faith in response to any oral or electronic instruction or inquiry by the Cardholder in respect of any matter in relation to this Program and the fulfillment of any redemption request. The Cardholder shall not be entitled to claim or allege any loss, damage, liability, expense attributable, directly or indirectly, to any such good faith action of the Bank and the Cardholder shall indemnify and hold the Bank harmless in respect thereof. General Credit Card Cardholder Agreement The issuance and use of Credit Cards from Mashreq shall be governed by and subject to the following terms and conditions: 1. Definitions Save otherwise required by the context, the following words shall bear the meaning given to them ATM means the Automated Teller Machine Mashreq or Bank means Mashreqbank psc and its successors and assignees Billing Cycle means the time period between the dates of issuing two consecutive Statements of Account Card means the new, renewed or replaced MasterCard Credit Card issued by the Bank Card Account means the Account opened by the Bank in the name of the Principal Cardholder for the purpose of debiting all Card Transactions generated as a result of using the Card, together with the interest, fees and any other charges, as well as crediting refunds due, as made by the Cardholder, principal Page 6 of 98 Mashreq SmartSaver

7 and/or supplementary Card Transaction means the purchase of goods, services, receipt of benefits, reservation, and/or receipt of Cash Advance as made by the Cardholder against, and by the use of the Card, the Card number, and/or the PIN including mail, telephone, and/or facsimile orders Cardholder means the person for whose use and in whose name the Bank issued a Card, principal and/or supplementary Cash Advance means cash provided by the Bank to the Cardholder against the Card, usage, either through an electronic device or in a face-to-face transaction Cash Advance Fee means the fee charged to the Card Account by the Bank upon obtaining a Cash Advance. The fee is charged at the time of each Cash Advance Credit Limit means the maximum line of credit permitted by the Bank to a Card Account which is not to be exceeded and can be accessed by the Principal Cardholder as well as the Supplementary Cardholder through using the Card Finance Charges means the interest charged by the Bank to the Card Account on the New Balance, in case the outstanding New Balance is not settled in full on or before the Payment Due Date. The interest charged on the Cash Advances shall be calculated from the Transaction Date of the Cash Advance until it is fully paid, and the rate may or may not be the same as that charged on the Retail Purchases Grace Period means the time period between the Statement Date and the Payment Due Date during which no Finance Charge may be incurred on the New Retail Purchase balance Late Payment Fee means the fee charged to the Card Account when payment is not received/recorded and posted to the Card Account, or received/recorded and posted to the Card Account after the Payment Due Date, and/or if the payment is less than the amount of the Minimum Payment Due Merchant means any, but not limited to, person / shop / company / establishment / organisation which accepts the Card, or the Card number as a method of payment for the goods, benefits, reservations, or services offered by it Minimum Payment Due means the least payment amount, Page 7 of 98 Mashreq SmartSaver

8 specified in the Statement of Account, required to be paid by the Principal Cardholder on or before the Payment Due Date in order to keep the Card Account active. Past Due Amount from previous Billing Cycle will form part of the Minimum Payment Due New Balance means total balance due for payment by the Principal Cardholder to the Bank based on the Bank s records on the date of issuing the Statement of Account. It may include Previous Balance, from previous Billing Cycles, as well as new balances which may comprise New Cash Advance and/or New Retail Purchase New Cash Advance means cash provided by the Bank to Page 8 of 98 Mashreq SmartSaver

9 the Cardholder during the current Billing Cycle New Retail Purchase means balance generated from using the Card in purchasing goods, services, receipt of benefits or reservations during the current Billing Cycle Overlimit Fee means the fee charged to the Card Account if the New Balance exceeds the Credit Limit at any time during the month Past Due Amount means the Minimum Payment of the Previous Balance which was due for payment at the previous Billing Cycle and is unpaid and still due Payment Due Date means the date specified in the Statement of Account by which date the Minimum Payment Due, full payment, or a part of the New Balance greater than the Minimum Payment Due, is to be made by the Cardholder to the Bank. If the Payment Due Date is a public holiday, then the last business day before the public holiday will be considered as the Payment Due Date. The payment must be received/recorded and posted to the Card Account on or before the Payment Due Date PIN means the Personal Identification Number provided by the Bank to the Cardholder for use with the Card where and when required Posting Date means the date specified in the Statement of Account on which date the transaction was received by the Bank from the location at which the Card was used and Page 9 of 98 Mashreq SmartSaver

10 posted to the Card Account Previous Balance means the total outstanding balance due for payment carried from the previous Billing Cycle which may consist of Retail Purchase, Cash Advance, Finance Charges and/or fees Principal Cardholder means the person who applies to the Bank for issuing one Card or more, and in whose name the Card Account was first opened and maintained. Under this Agreement, the Principal Cardholder is liable to pay to the Bank all the amounts debited to the Card Account even if generated by the Supplementary Cardholder Retail Purchase means any purchase of goods, services, receipt of benefits, or reservations made against the Card Statement Date means the date specified in the Statement of Account on which the statement is generated and printed. This takes place at the end of each Billing Cycle Statement of Account means the monthly statement sent by ordinary mail or to the Principal Cardholder showing all the Card Transaction details made by the Principal Cardholder and/or the Supplementary Cardholder during the previous Billing Cycle through the Card Account and payable to the Bank Supplementary Cardholder means the person nominated by the Principal Cardholder to use the Card Account and in whose name the Bank issued a Supplementary Card. Page 10 of 98 Mashreq SmartSaver

11 1.30 Transaction Date means the date specified in the Statement of Account on which the transaction took place. 2. Issuance of the Card 2.01 The Bank shall have the right to examine and review the credit standing of the applicant for issuing the Card at any time the Bank deems fit without reference to the applicant or assigning any reason whatsoever. The credit examination / review, necessary to the processing of the Card application process, may require the Bank to disclose the applicant s address, salary, any professional and/or financial information to any other party As a pre-condition for approving any application to issue a Card, the Bank may, in its sole discretion and determination, require the applicant to issue a Cheque and/or pledge and/or assign a cash deposit in favour of the Bank for any amount determined by the Bank. The Bank shall maintain this security so long as the Card is valid and there is any unpaid New Balance. If the New Balance is fully settled the Bank shall continue to maintain this security for a period not less than forty five days from the date of cancelling the Card If the Bank holds any security as collateral for the issuance of the Card, the Bank reserves the right to retain such security for a minimum period of forty five days following the Card cancellation and return to the Bank, whether such cancellation is determined by the Bank or at the request of the Cardholder, provided that the New Balance is fully settled. Page 11 of 98 Mashreq SmartSaver

12 2.04 The Card shall be valid for the period specified on the Card and the Cardholder is eligible to use the Card only within the said period On the first Statement of Account after issuance, renewal, or replacement of the Card, the Bank shall, at its sole discretion and determination, charge the Cardholder and debit the Card Account by the annual membership fee for the issuance of the Card (if applicable), renewal fee for the renewal of the Card, or replacement fee for the replacement of the Card and any other fees and charges determined by the Bank In case the Card is terminated or cancelled, for any reason whatsoever, the Bank shall not be obliged to refund any paid or charged annual membership fee The Card shall at all times remain the property of the Bank and should be returned by the Cardholder to the Bank upon the first request of the Bank or its duly authorized agent without giving prior notice to the Cardholder. The Bank may, at its sole discretion and determination, and without assigning any reason whatsoever cancel, suspend, refuse to reissue, renew or replace the Card The Card shall be non-transferable, non-pledgeable and usable only by the person whose name is embossed/printed on the face of the Card and whose signature appears on the reverse of the Card The Cardholder is fully aware that issuance of the Card Page 12 of 98 Mashreq SmartSaver

13 constitutes a borrowing relationship with the Bank, and that the Cardholder has the ability to repay all the amounts due out of using the Card on the due dates The Bank reserves the right to change the designs of the Card at any time without prior notice. 3. Receipt and usage of the Card 3.01 The Cardholder may collect the Card in person at any of the Bank s branches or the Bank s units through which s/he applied, or the Card may be sent by post/courier, at the Cardholder s risk, to the address mentioned on the Card issuance application, or to the address made available to the Bank by the Cardholder in writing or through telephone The Cardholder shall immediately sign the Card upon receipt and exercise due diligence and care to keep the Card in safe custody against loss / theft / misuse / misplacement, or any other risk The Bank assumes that the Cardholder s signature acknowledging receipt of the Card and/or first use of the Card constitutes binding and conclusive evidence that the Cardholder has read, understood, accepted, agreed with, and is bound by the terms and conditions of this Agreement. Additionally, acknowledgement of the Card and/or first use of the Card implies that the Cardholder is liable for payment of the annual membership fee. Page 13 of 98 Mashreq SmartSaver

14 3.04 The Bank shall send by mail to the Cardholder, at the sole risk of the Cardholder, a PIN for each Card delivered to the Cardholder for use in ATMs or other secure PIN entry equipped electronic devices. The Cardholder is under an obligation to exercise due diligence and care to prevent the disclosure of the related PIN to any other person. The Cardholder must destroy the PIN printed record immediately upon receipt. The Cardholder must ensure that any record of the PIN must be unidentifiable and kept entirely separate and distinguishable from the Card The Cardholder may use the total Credit Limit provided by the Bank for the purchase of goods/services. The amount of Cash Advance available against the Card shall be a portion of the Credit Limit as determined by the Bank from time to time The Cardholder may obtain Cash Advances by any of the following methods: (1) Presenting the Card at any branch or unit of the Bank (2) At any member institution of MasterCard International together with positive internationally recognised evidence of identity (3) By using the Card at any ATM of the Bank (4) By using an ATM of any other member Bank of MasterCard International 3.07 In all cases mentioned in Clause (3.06) above, Finance Charges will accrue on the Cash Advance from the Transaction Date until the Cash Advance balance is fully paid. Page 14 of 98 Mashreq SmartSaver

15 3.08 In all cases mentioned in Clause (3.06) above and based on the prevailing rates charged by the Bank, the Cash Advance will be subject to a Cash Advance Fee that may vary from time to time at the sole discretion and determination of the Bank Any Cash Advance by the use of the Card may be subject to a daily non-exceedable limit, even if the portion of the Credit Limit available for Cash Advance as mentioned in Clause (3.05) above is not fully utilised by the Cardholder Mashreqbank psc reserves the right to increase or decrease the set credit limit of the Cardholder s Card at any time and without cause upon prior written notification to the Cardholder The Bank may, at any time after issuing and delivering the Card, demand the Cardholder to issue and deposit a Cheque in favour of the Bank for the amount the Bank may require, even if such a Cheque was not demanded at the time of the Card issuance, renewal or replacement. The Cardholder hereby authorises the Bank to present the said Cheque for payment against any amount over due to the Bank. If the Cardholder were to refuse to deposit such a Cheque with the Bank, the Bank shall have the right to cancel the Card and suspend the Card Account All fees, charges, and interest paid by the Cardholder to the Bank shall remain non refundable even if the relationship between the Bank and the Cardholder is terminated. In case of amounts billed but not paid, the Cardholder s liability will Page 15 of 98 Mashreq SmartSaver

16 not cease until all such amounts, fees, charges and Finance Charges are fully paid to the Bank If the Card is cancelled by the Bank or at the request of the Cardholder, or for whatever other reason, the Bank shall have the right to take appropriate legal action for any usage of the Card by the Cardholder after its cancellation. Further, the Cardholder will be liable for settling any balance incurred as a result of such usage The Bank shall bear no responsibility/liability towards the Cardholder for any loss or damage to the Cardholder arising as a result of any disruption or failure or defect in any ATM, electronic device, communication system, facilities, data processing system, transaction link or any industrial or other dispute, or anything, or cause, whether beyond the control of the Bank, or otherwise, that prevents the Cardholder from completing a Card Transaction The Bank shall not be responsible/liable for any non-acceptance of The Card for any reason whatsoever by any Merchant, ATM, or a Bank s branch or unit. Additionally the Bank will not be liable for merchant surcharge The Card must not be used for any unlawful purpose, including the purchase of goods or services prohibited by local law applicable in the Cardmember s or Bank s jurisdiction Mashreqbank reserves the right to amend, change, terminate any eligible product and service categories at any time, including without limitation to its right to amend the eligibility and participation criteria, the reward/loyalty point accrual rate and cash back variations (depending on merchants categories), limit or change the value of points and cash back, at its sole and absolute discretion, without notice to the Customer and without liability whatsoever on the part of the Bank. 4. Payment 4.01 The Bank shall maintain a MasterCard Card Account Page 16 of 98 Mashreq SmartSaver

17 for each Principal Cardholder for the debit of the amounts of the Card Transaction, together with Finance Charges, fees, and other charges and for the credit of payments and refunds as and when received The Bank shall send monthly by ordinary mail or to the Principal Cardholder a Statement of Account of the Card Account at the address mentioned on the application form for issuance of the Card or the address made available to the Bank by the Cardholder in writing. The Bank shall not be liable in any manner whatsoever for any postal or other delays or the non receipt of the Statement of Account by the Cardholder All charges posted by the Bank to the Cardholder shall appear on the monthly Statement of Account. Any objection by the Cardholder against any entry, including the Bank s charges, in the said statement should be served in writing to the Bank by the Cardholder within fourteen days from that Statement Date, otherwise such a statement will be considered correct and no claim may be entertained by the Bank after that period. The Bank may provide the Cardholder with the transaction copies upon written request. The Bank reserves the right to charge fees for providing such copies. Disputing a charge shall not exonerate the Cardholder(s) of his liability for that transaction(s) Repayment(s), made by the Cardholder to the Bank, may Page 17 of 98 Mashreq SmartSaver

18 be in cash or by way of Cheque(s). Cheques may be mailed to Mashreqbank psc. Prompt and timely repayment will be effected by the Cardholder whether or not the Cardholder has received the Statement of Account If the Cardholder is maintaining an active Current/Savings Account with the Bank, the Cardholder may opt for the auto payment facility. The auto payment facility may be selected either for full or Minimum Payment, and the Current/Savings Account will accordingly be debited, subject to availability of funds, in order to repay the Card Account The Bank at its sole discretion and determination may provide the Cardholder an interest-free Grace Period that starts from the Transaction Date of each New Retail Purchase transaction until the Payment Due Date applicable to such transaction based on the relevant Billing Cycle of such transaction. The interest-free Grace Period shall not be applicable to the Cash Advances The outstanding New Balance appearing on the monthly Statement of Account is payable to the Bank on or before the Payment Due Date A full payment consisting of the outstanding New Balance including Finance Charges, fees, and other Bank charges as shown on the Statement of Account will be due and payable by the Cardholder on or before the Payment Due Date If a full payment is not received/recorded and posted to the Card Account on or before the Payment Due Date, the Page 18 of 98 Mashreq SmartSaver

19 Bank shall at its sole discretion and determination charge the Cardholder with Finance Charges on the outstanding New Balance from the Transaction Date of every transaction constituting this New Balance and on any Retail Purchase and Cash Advance done after the last Statement Date until full payment. If payment is made by Cheque, the Cheque must be cleared and posted to the Card Account on or before the Payment Due Date. The Finance Charges shall be based on the prevailing rates charged by the Bank which may vary from time to time as determined by the Bank at its sole discretion and determination If the full, or the Minimum Payment, or a part of the New Balance greater than the Minimum Payment, is not received, recorded and posted to the Card Account on or before the Payment Due Date, a Late Payment Fee shall be applied by the Bank and shall likewise continue to be applied each month if payment is not received/recorded and posted to the Card Account on or before the Payment Due Date. This fee shall be based on the prevailing rates charged by the Bank which may vary from time to time as determined by the Bank at its sole discretion and determination. If payment is made by a Cheque, the Cheque must be cleared and posted to the Card Account on or before the Payment Due Date. Finance Charges will accrue when a Minimum Payment is made. Non receipt of the Statement of Account shall not cause waiver of the Late Page 19 of 98 Mashreq SmartSaver

20 Payment Fee The Cardholder may elect to have his full New Balance or the Minimum Payment Due debited every month to his Current/ Savings Account if any, maintained at the Bank. This debit will be effected on the Payment Due Date subject to availability of funds. If the Cardholder has elected to have the full New Balance debited to his Current/Savings Account and sufficient funds are not available to effect such transaction, but funds are available to debit the Minimum Payment Due, this may be done by the Bank Without prejudice to the Bank s right to take any legal action(s) against the Cardholder for any remaining outstanding New Balance together with costs and other charges, the Bank shall at its sole discretion and determination have the right to stop, suspend, terminate, and/or cancel the Card if no payment is received for more than a month after the Statement Date. Any security held by the Bank against this facility, assets, valuables, or moneys on deposit with the Bank may be used by the Bank to offset the Cardholder s liability without notice to the Cardholder. Additionally, any credit balance in a Current/Savings/Fixed Deposits Account or other moneys that may not be held as security by the Bank, can be withheld for the same purpose In case the Card is terminated by either the Bank or the Cardholder for any reason whatsoever, or in case of death, Bankruptcy, insolvency or incapacity of the Cardholder, Page 20 of 98 Mashreq SmartSaver

21 the total outstanding New Balance appearing on the Card Account together with any amount incurred due to the usage of the Card but not yet charged to the Card Account shall, notwithstanding anything contained in this Agreement or elsewhere, become immediately due and payable to the Bank. In case of death, the heirs of the Cardholder will be liable for all payments due The Cardholder is bound to always keep the outstanding New Balance of the Card equal to or below the prescribed Credit Limit as currently sanctioned by the Bank The Bank shall apply an Overlimit Fee if the outstanding New Balance exceeds the prescribed Credit Limit in the Card Account. The fee shall continue to be applied by the Bank each month if the outstanding New Balance in the Card Account exceeded the Credit Limit. This fee shall be based on the prevailing rates charged by the Bank which may vary from time to time as determined by the Bank at its sole discretion and determination If the outstanding New Balance exceeded the Credit Limit, the Minimum Payment Due stated in the next Statement of Account will compose of the full sum by which the Credit Limit is exceeded. The Cardholder has to pay that Minimum Payment Due in full to the Bank on the first demand. If the outstanding New Balance continues to exceed the Credit Limit, the Bank shall have the right, without notice, to Page 21 of 98 Mashreq SmartSaver

22 cancel the Card and in this case the whole outstanding New Balance on the Card Account shall immediately become due and payable to the Bank All charges posted to the Cardholder against transactions occurring in a foreign currency will be posted to the Cardholder Account at the exchange rate received from the processing bank. Currency conversion may include conversion fees as applied by MasterCard International or the Bank. The Bank shall not be responsible/liable for any loss arising due to foreign exchange rates fluctuations or conversions. The fee may be applied by Visa/MasterCard International on any currency, including AED, if the transaction source country is not UAE Any refund from a merchant shall be posted to the Card Account upon receipt of the transaction by the Bank, and the Bank assumes no liability for non-receipt of a refund. The refund will be posted to the Card Account at the exchange rate received from the processing Bank. The Bank assumes no liability for any loss arising due to foreign exchange rates fluctuations or conversions, independent of how close in time the refund is to the original transaction Without prejudice to the Bank s right at any time to take the appropriate legal action, the Bank may charge fees for any returned unpaid Cheque drawn by the Cardholder as full or partial payment of the outstanding New Balance The Bank at its sole discretion may appoint an agent to collect all sums due to the Bank by the Cardholder pursuant to this Agreement. Any and all legal and collection costs incurred Page 22 of 98 Mashreq SmartSaver

23 in collecting any or all moneys due to the Bank under this Agreement shall be solely and fully borne by the Cardholder This Agreement and any amendments thereof shall be binding on the Cardholder and his/her successors. 5. Supplementary Card 5.01 Upon request by the Principal Cardholder, including requests received through facsimile communication. The Bank at its sole discretion and determination may agree to issue a Supplementary Card and charge fees for such issuance. The Principal Cardholder shall be fully responsible and liable for payment of the value of the Card Transactions made by the Supplementary Card All terms and conditions stated hereunder in this Agreement are fully binding on and applicable to the Supplementary Cardholder who will be severally and jointly liable with the Principal Cardholder The Credit Limit sanctioned to the Principal Cardholder shall be inclusive of the Credit Limit of the Supplementary Cardholder The validity of the Supplementary Card shall at all times be dependent on the validity of the Principal Card. If the Principal Card is terminated or cancelled, the Supplementary Card shall automatically be terminated and cancelled, but not vice versa. 6. Loss of the Card 6.01 If the Card is lost, stolen, or the PIN is misplaced, disclosed Page 23 of 98 Mashreq SmartSaver

24 or otherwise, the Cardholder must immediately, and within 24 hours, notify the Bank in person or in writing. In case such an event occurs outside the normal Banking hours, the Cardholders shall call the Mashreqbank psc Customer Service number. Any such notification must be confirmed in writing immediately but in any case within seven days to the Bank. The Cardholder shall at all times remain liable for any use or misuse of the Card and/or the PIN, including all Cash Advances, prior to reporting the loss, theft, misplacement, disclosure or otherwise. The Cardholder must give the Bank all available information as to the circumstances surrounding the said loss, theft, misplacement, disclosure or otherwise of the Card and/or PIN. The Bank shall not be liable in any manner whatsoever for any loss or damage which may be incurred or which might arise directly or indirectly as a result of the loss/theft of the Card or its misuse and/or misplacement/disclosure of the PIN Without prejudice to the contents of Clause (6.01) above, and in addition to it, and whichever is sooner, the Cardholder will remain fully liable to the Bank in respect of any use or misuse of the Card after cancellation or during a period when the right to use the Card has been withdrawn or suspended or both whichever comes sooner. Cancellation of the Card shall not affect the Cardholder s liabilities or obligations pursuant to this Agreement arisen prior to such cancellation The Bank may at its own discretion and determination, Page 24 of 98 Mashreq SmartSaver

25 subject to charging a fee, issue the Cardholder a replacement Card in substitution of the reported lost, stolen, misplaced, or otherwise in addition to a new PIN at the sole risk and expense of the Cardholder If the Cardholder recovers the Card previously reported to be lost, stolen, misplaced, or otherwise, the Card must not be used and the Cardholder must cut the Card into two and immediately return both halves to the Bank. 7. General 7.01 All finance charges/fees paid pursuant to or in connection with this Agreement shall be non refundable The Bank must be promptly notified by the Cardholder in writing whenever there is a change in his employment constitution, nature of business, office, residential/mailing address or telephone If the Cardholder is intending to leave the country where the Card has been issued for a period of time exceeding thirty days, the Cardholder must notify the Bank in writing and settle the outstanding in the Card Account at least seven days prior to his/her departure If the Cardholder has decided to depart from the country where the Card has been issued permanently, the Cardholder has to cut the Card in two halves and return both halves to the Bank attached to a written notification, at least forty five days prior to the date of departure, after fully settling the Page 25 of 98 Mashreq SmartSaver

26 outstanding in the Card Account The Bank has the full unrestricted right to examine the general credit position of the Cardholder and the credit history of the Card Account at any time and to disclose at its sole discretion and determination without any reference to the Cardholder, any information relating to creditworthiness or credit history of the Cardholder to any other party at any given time Without serving prior notice to the Cardholder, the Bank may at anytime at its sole and absolute discretion and determination and without assigning any reason whatsoever, recall and/ or capture any or all Card(s) and terminate the use of such Card(s), and the Cardholder shall be under an immediate obligation after such recall and/or capture, to cut the Card(s) into two halves and return both halves to the Bank after fully settling the outstanding of the Card Account Upon death, bankruptcy, incapacity or insolvency of the Cardholder, the Bank may at its sole discretion and determination terminate and cancel both the principal and Supplementary Cards The Cardholder hereby irrevocably and unconditionally authorises and permits the Bank to disclose whatever information about the Cardholder which the Bank deems fit to the Bank s agents, assignees, associates, branches, legal authorities, or any other party authorised by the Bank in order to enable the Bank to enforce the Cardholder obligations Page 26 of 98 Mashreq SmartSaver

27 under this Agreement The terms and conditions of this Agreement are effective in accord, harmony and conjunction, with the terms stated in any other Agreement related to the Card and all are binding upon the Cardholder in the usage of the Card. Notwithstanding the above, in the event there is any conflict between the provisions of these Agreements, the provisions of this Agreement will supercede and prevail Words importing only the singular number shall also include the plural number Words importing any gender shall include all genders. Words importing the masculine gender shall include the feminine Words importing person shall include a sole proprietor, individual partnership firm, company, corporation and/or other legal entity The headings to the terms and conditions herein shall not be taken into consideration in the interpretation or construction of this Agreement No course of dealing between the Bank and the Cardholder nor any delay omission or failure on the part of the Bank to exercise any of its rights under this Agreement shall be construed as a waiver of such rights or impair the rights of the Bank with respect to any subsequent default of the same of different nature by the Cardholder All activities pursuant to this Agreement shall be carried out for the benefit of the Cardholder and accordingly the Page 27 of 98 Mashreq SmartSaver

28 Cardholder shall assume all losses and liabilities relating thereto and arising therefrom and the Cardholder hereby undertakes to protect and indemnify the Bank from and against any loss, damage, claim, lawsuit, penalty, cost and expense of whatever nature in respect of or arising out of the services to be rendered by the Bank under this Agreement Instructions sent by the Cardholder to the Bank through facsimile communication shall be considered valid and binding on the Cardholder and the Bank may act upon instructions conveyed through this method. The Bank may use copies or the facsimile transmissions in any Court of Law The records of the Bank shall be final, conclusive, incontestable and binding on the Cardholder The Bank shall provide several benefits to be available to the Cardholder on his valid Card. All the benefits provided by the Bank shall continue at the discretion of the Bank. The Bank reserves the right to stop or amend any benefits available on the Cards at any time without giving any notification to the Cardholder. The Bank is not considered at any time an agent or representative to any service provider All benefits will be available only on current and active Cards Mashreqbank psc is not liable in case of any dissatisfaction with regard to price, service, quality etc., of offers made on the Cards. 8. Variation of this Agreement 8.01 The Bank may, from time to time at its sole and absolute Page 28 of 98 Mashreq SmartSaver

29 discretion and determination vary, change, alter, modify, and/ or amend the terms and conditions of this Agreement, which variation, change, alteration, modification and/or amendment shall immediately become binding on the Cardholder. Such variation, alteration, modification, and/or amendment shall be notified to the Cardholder by the Bank either in writing or by publication thereof or by such means as the Bank may determine and a variation, alteration, modification, and/or amendment so notified shall be binding on the Cardholder At any time, without notifying the Cardholder or obtaining his consent, the Bank may assign the whole or any part of its rights or obligations under this Agreement The validity, legality and enforceability of each of the terms and conditions of this Agreement is distinct and severable from one another The Cardholder usage of the Card from the effective date of any variation, change, alteration, modification and/ or amendment in this Agreement shall constitute acceptance of such changes without any reservation whatsoever by the Cardholder Without prejudice to The Bank s sole and absolute right to submit to any other law and/or court, this Agreement shall be governed by the laws, customs, usage and/or the tradition prevailing in the country where the Card has been issued and the Courts of the country where the Card has been issued shall Page 29 of 98 Mashreq SmartSaver

30 have full jurisdiction to resolve any dispute arising from this Agreement or any part thereof. Accident Care Terms and conditions The rights of any Cardmember subscribing to the Accident Care are governed by the Group Personal Accident ( Policy ) held by Mashreqbank psc. The following is a summary of salient conditions from the aforementioned Policy. This is not the Policy*. In the event of any doubt/conflict arising out of difference in meaning between the summary herein and the Policy held by Mashreqbank psc, then the meaning conveyed by the Policy shall prevail. Definitions Company means American Life Insurance Company AIG General Insurance. Injury means accidental bodily injury occurring while Policy is in force as to the Insured Person whose injury is the basis of claim, and resulting, directly and independently of all other causes, in loss covered by the Policy. Losses covered in this Policy: 1) Death 2) Permanent Total Disability Insured Person means a Credit Cardholder of Mashreqbank psc (Policyholder) between the ages of 18 and 69 who has not opted out of Accident Care enrollment. Policyholder means Mashreqbank psc. Page 30 of 98 Mashreq SmartSaver

31 Scheduled Airline means any civilian aircraft operated by a civilian scheduled air carrier holding a certificate, licence or similar authorisation for civilian scheduled air carrier transport issued by the country of the aircraft s registry, and which in accordance therewith flies, maintains and publishes tariffs for regular passenger service between named cities at regular and specified times, on regular or chartered flights operated by such carrier. Premium Charge Date means the date on which the Policyholder charges the Premium due to the Mashreqbank psc Credit Card Account. Totally and Permanently Disabled means the Insured Person is unable to engage in any substantially gainful occupation or employment for the remainder of the Insured Person s life. Terrorism means the use or threatened use of force or violence against person or property, or commission of an act dangerous to human life or property, or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group, whether or not acting on behalf of or in any connection with any organisation, government, power, authority or military force, when the effect is immediate, coerce or harm a government, the civilian population or segment thereof, or to disrupt any segment of the economy. War means war, whether declared or not, or any warlike activities, including use of military force by any sovereign nation to achieve economic, geographic, nationalistic, political, racial, religious or other ends. Page 31 of 98 Mashreq SmartSaver

32 Benefits (A) Loss of Life Indemnity If a covered injury results in death of an Insured Person within one hundred and eighty (180) days after the date of the accident, the Company will pay AED 300,000 to such Insured Person s legal heir(s) less any other amount paid or payable under Benefit (B). (B) Total and Permanent Disability If, as the result of a covered injury, and commencing within one hundred and eighty (180) days after the date of the Injury, an Insured Person becomes Totally Disabled and such disability has continued for a period of twelve (12) consecutive months and if the Insured Person is Totally and Permanently Disabled at the end of this period, the Company will pay AED 300,000 to such Insured Person. (C) Accidental Medical Expense (Reimbursement) If, as the result of a covered injury and commencing within thirty (30) days after the date of the injury and Insured Person shall require treatment by a Physician, use of Hospital facilities or the employment of a licensed or graduate nurse while at the Hospital, the Company will pay the reasonable, customary and necessary medical expenses incurred within fifty two (52) weeks from the date of the accident for such Physician treatment, Hospital charges and nurses fees which are in excess of the Deductible of AED 100 stated in the Schedule of Benefits but not to exceed the Amount payable to such Insured Person (AED 2,500) in accordance with the classification of Insured Persons Page 32 of 98 Mashreq SmartSaver

33 and Schedule of Benefits as the result of anyone accident. Exceptions This policy does not cover any loss or expense caused by or resulting from: 1. Intentionally self-inflicted injury, suicide, or any attempt thereat while sane or insane. 2. War, invasion, act of foreign enemy, hostilities or warlike operations (whether War be declared or not), mutiny, riot, civil commotion, strike, civil war, rebellion, revolution, insurrections, conspiracy, military or usurped power, martial law, or state or siege; or any of the events of causes which determine the proclamation of or enforcement of martial law or state of siege, except to the extent coverage is extended herein to include certain War risks. 3. Any period an Insured Person is serving in the Armed Forces of any country international authority, whether in peace or war, and in such an event the Company, upon written notification by the Policyholder, shall return the pro rata premium for any such period of service. 4. Loss sustained or contracted in consequence of an Insured Person being intoxicated or under the influence of any narcotic or drug unless administered on the advice of the physician. 5. Any loss of which a contributing cause was the Insured Person s attempted commission of, or wilful participation in, an illegal act of violation or attempted violation of the law or resistance to arrest by the Insured Person. Page 33 of 98 Mashreq SmartSaver

34 6. (a) Any loss sustained while flying in an aircraft or device for aerial navigation except as specifically provided herein; nor (b) flying in any aircraft owned, leased or operated by or on behalf of: (i) the Policyholder or any subsidiary or affiliate the Policyholder; (ii) an Insured Person or any member of any Insured Person s household. 7. Bacterial infections except pyrogenic infections which are caused by an accidental wound. 8. Driving or riding as a passenger in or on (a) any vehicle engaged in any race, speed test or endurance test or (b) any vehicle being used for acrobatic or stunt driving. 9. Any claim cause by opportunistic infection or malignant neoplasm, or any other sickness condition, if, at the time of the claim, the Insured Person had been diagnosed as having AIDS (Acquired Immune Deficiency Syndrome), ARC (AIDS Related Complex) or having an anti body positive blood test to HIV (Human Immune Virus). 10. Terrorism, including any action taken in hindering or defending against an actual or expected incident of Terrorism; nor (a) the use, release or escape of nuclear materials that directly or indirectly results in nuclear reaction or radiation or radioactive contamination; nor (b) chemical materials; nor (c) the release of pathogenic or poisonous biological or chemical materials. 11. Congenital anomalies and conditions arising out of or resulting there from, hernia or dental treatment except to sound natural teeth as occasioned by injury. Page 34 of 98 Mashreq SmartSaver

35 12. Flying in any aircraft owned, leased or operated by or on behalf of: (a) the Policyholder or any subsidiary or affiliate of the Policyholder; (b) an Insured Person or any member of an Insured Person s household. 13. The use, release or escape of nuclear materials that directly or indirectly results in nuclear reaction or radiation or radioactive contamination. 14. The dispersal or application of pathogenic or poisonous biological or chemical materials. 15. Any loss sustained while the Insured Person is participating in any professional sports, or in sky diving, parachuting, hand gliding, bungee jumping, scuba diving, mountain climbing, pot-holding. 16. The release of pathogenic or poisonous biological or chemical materials. General Conditions 1. Premiums: All premiums and applicable taxes are payable by the Insured Person to the Policyholder by the payment due date in the Credit Card Statement and thereon to the Company. 2. The maximum limit of benefit per Insured Person is AED 300,000, irrespective of the number of Mashreqbank psc Credit Cards that the Insured Person may have. 3. Flying Coverage: Coverage as respects flying is limited to injury sustained during the trip while the Insured Person is riding as a passenger (but not as a pilot, operator or a member of the crew) in or on, boarding or alighting for a Scheduled Airline. Page 35 of 98 Mashreq SmartSaver

36 4. Commencement of Insurance: The coverage in respect of the Insured Person commences on each Premium Charged Date. Premium Charged Date is the date on which the Policyholder charges the premium due, to the Mashreqbank psc Credit Card Account. 5. Period of Cover: Maximum of Thirty One (31) days in the event the immediately following Premium Charged Date falls within 30 days from commencement of Insurance. 6. Termination of individual Insurance. The coverage in respect of the Insured Person terminates are the earliest of: (1) The date of the Policy is terminated by the Policyholder. (2) The last of the month in which the Insured Person reaches the age of Sixty Nine. (3) The date of the Insured Person ceases to be a Cardholder of the Policyholder. (4) The Premium Charged Date immediately following the cancellation of this Policy by the Insured Person or by the Policyholder with respect to the Insured Person. (5) The premium due date, if the required premium is not paid. (6) The claims being settled in respect to the Insured Person. Any such termination shall be without prejudice at any valid claim originating prior to the date of termination. 7. Reinstatement of an individual Insurance: When the individual Insurance is terminated by either of sub-conditions (3), (4) or (5) as in General Condition (6) above, then any subsequent acceptance of the premium and reinstatement of the individual Page 36 of 98 Mashreq SmartSaver

37 Insurance by the Company shall cover loss resulting from injury sustained after the date of such reinstatement. 8. Any payment of any claim whatsoever to be paid to an Insured Person has to be released by the Company. A dispute of nonpayment of claim shall be solely between Company and Insured Person. Policyholder has no responsibility to any claims or losses whatsoever nature except as provided herein. 9. Cancellation: The Company or the Policyholder may cancel the Policy at any time. 10. Notice of Claim: Written notice of claim must be given to the Company by or on behalf of the Insured Person within thirty (30) days occurrence of the incident giving rise to the claim. 11. Time for filing of Claim Forms: Completed Claim forms and written proof of loss must be given to the Company within one hundred and eighty (180) days from the date of such loss. 12. Time of payment claim: Benefits payable under the Policy for covered losses will be paid immediately upon receipt of due written proof of loss. 13. Claim forms: The Company, upon receipt of a notice of Claim, will furnish to the claimant such forms as are usually required by the Company for filing proofs of such loss. 14. To whom benefits are paid: Any payment for Accidental Death becoming due hereunder shall be payable to the legal heirs of the Insured Person, upon providing authenticated proof. Page 37 of 98 Mashreq SmartSaver

38 15. Medical Examination: The Company at its own expense, shall have the right and opportunity to examine an Insured Person when and as often as the Company may reasonably require during the pendency of a claim hereunder, and also the right and opportunity to make an autopsy in case of death. 16. Legal action: No action at law or an equity shall be brought to the recover on the Policy prior to the expiration in sixty (60) days after written proof of loss has been furnished in accordance with the requirements of the Policy. No such action shall be brought after the expiration of three (3) years after the time written proof of loss is required to be furnished. 17. Change in premium notes: The Company and the Policyholder may anytime without prior notice to the Insured Person, change the premium notes for this Policy. 18. Compliance with Policy provisions: Failure to comply with any of the provisions contained in this policy shall invalidate all. Comprehensive Credit Shield Terms and conditions Important Notice In the event that the Cardholder opts for coverage under the Credit Shield Insurance coverage, the coverage shall automatically commence from the commencement date. The Cardmember has the option to opt out of the scheme at any time by informing Mashreqbank psc. However, once opted out, the Cardmember will not be allowed to re-join the scheme. Page 38 of 98 Mashreq SmartSaver

39 The charges towards this cover will be levied to the Cardmember s Card Account on the basis of his/her preference to opt for the cover and/or on Account of his/her automatic enrollment. This will not necessarily imply eligibility of the Cardmember to the cover benefits. Cover will be applicable only for Principal Cardmembers. The Cardmember shall be of age between 18 to 65 years in respect of Death and Disablement covers and 18 to 59 years Involuntary Loss of Employment Cover. The Territorial Limit in respect of Death or Disablement is worldwide, and in respect of Involuntary Loss of Employment, UAE. The cover is subject to the Jurisdiction of the competent courts of Dubai, United Arab Emirates. The Bank reserves the right, at any time, to change the terms, conditions, rates and/or reject, discontinue or cancel the cover applicable without assigning any reason thereof. Death or Disablement cover shall be due to bodily injury or illness but excluding the reasons mentioned in the exclusions. All the benefits payable under this scheme shall be written off against the Cardmember s total amount outstanding with the Bank. In the event of Involuntary Loss of Employment benefits being provided to the Cardmember, the Cardmember shall notify the Insurance Company immediately upon Re-employment but not later than 15 days from the date of Re-employment. Failure to notify the Company shall render the benefits provided under this cover Page 39 of 98 Mashreq SmartSaver

40 fully recoverable without contestation. Mashreqbank psc is not at any time considered as an agent of Oman Insurance Company, the Insurance Provider. Any contestations for any insurance coverage shall be negotiated directly with Oman Insurance Company, Dubai. Definitions Accident means where the bodily injury is caused solely and directly by external violent means, is unexpected, unforeseeable and not attributable to the Cardmember s intentional self-injury or suicide. Bank means Mashreqbank psc, UAE. Benefit means the indemnity payable under the scope of this Cover in respect of Death or Permanent Total Disablement or Involuntary Loss of Employment of the Cardmember. Cardmember means a Principal Account holder of the Credit Card Facility with the Bank who has not unsubscribed to the benefits under this Cover and has not been disqualified by the provisions of this Cover to be eligible to receive the benefits under this Cov er. Commencement Date means for new Cardmembers, the date of issue or the date the Cardmember is enrolled for this benefit. Company means the Oman Insurance Company, Dubai, United Arab Emirates. Cover means the Credit Shield Benefit offered by the Bank in association with Oman Insurance Company. Cover Period means the period after Commencement Date during which the benefits under this cover shall apply. Page 40 of 98 Mashreq SmartSaver

41 Credit means the credit or other form of financial accommodation provided by the Bank to the Cardmember under the Credit Card Facility. Credit Card Facility means the Bank s MasterCard Credit Card Facility, which have been nominated as the facilities to which the benefits under this Cover are to apply. Date of Event means any one of the following: 1. In respect of Death the date of death resulting from an accident or illness happening/manifesting after the Commencement Date and during the Cover Period. 2. In respect of Permanent Total Disablement the date of recognition of Permanent Total Disablement by a Competent Authority resulting from an accident or illness happening/manifesting after the Commencement Date and during the Cover Period. 3. In respect of Involuntary Loss of Employment, the date of notice of termination served to the Cardmember after the Commencement Date and during the Cover Period. Death means death by injury or illness. Illness means a disease or sickness first occurring after the Commencement Date. Indebtedness means the total amount outstanding in the Credit Card Facility as on the Date of Event but excluding any Credit facility availed after the Date of Event subject to a maximum of the Cardmember s credit limit. Injury means bodily injury resulting from an Accident occurring after the Commencement Date. Page 41 of 98 Mashreq SmartSaver

42 Involuntary Loss of Employment means unemployment of the Cardmember arising out of the unilateral decision of the employer to terminate his employment contract without citing any reason or for any reason other than those excluded. Maximum Coverage Age means the following age(s) upon attainment of which the Cover ceases in respect of the Cardmember. i. Death/Disablement: 65 years ii. Involuntary Loss of Employment: 59 years Permanent Total Disablement means either of the below as a result of the injury or illness arising out of a cause not specifically excluded under this policy: Permanent loss of sight of both eyes Physical severance/amputation of two limbs Complete and Permanent Paralysis Totally Disabled and the Cardmember is rendered unable to earn income in any occupation, trade or profession for which the Cardmember could reasonably be expected to be suited through education, training or experience provided that the disability shall be for a period of six consecutive months and that the Company is satisfied that the Cardmember will be so rendered indefinitely. However this time limit shall not apply to cases of physical severance/amputation of limbs. Pre-existing Condition means illness, disease or sickness occurring or manifesting prior to the Commencement Date, for which advice or treatment was sought or obtained from a medical Page 42 of 98 Mashreq SmartSaver

43 practitioner, chiropractor, naturopath, or any other practitioner of a similar kind within twelve months immediately prior to the Commencement Date. Re-Employment means accepting and starting work for a new employer or the same employer under a new employment contract within 12 (twelve) months from the date of actual unemployment. Scope of Cover 1. Death; or 2. Hospital Cash Benefit; or 3. Permanent Total Disablement; or 4. Involuntary Loss of Employment due to any cause other than specifically excluded. Amount Covered 1. In respect of Death or Permanent Total Disablement of the Principal Cardmember, the Cardmember s Indebtedness as on the Date of Event subject to a maximum of AED 50, In respect of hospitalisation of the Principal Cardmember the Company shall pay AED 200 per day subject to maximum of 60 days of hospitalisation. 3. In respect of Involuntary Loss of Employment for the Principal Cardmember, 10% of the Indebtedness as on the Date of Event plus accrued interest thereon for that month subject to a maximum of AED 4,000 (inclusive of interest/charges) for every month of unemployment up to a maximum of 12 months. The benefits shall not be payable for the first 30 days of unemployment. The benefits Page 43 of 98 Mashreq SmartSaver

44 are payable only if the Date of Event falls after 90 days of the Commencement Date. Exclusions 1. No Benefits under this Cover shall be applicable in respect of a Cardmember where the Event giving rise to a claim under this Cover occurs as a result of: (a) Death by suicide within 12 months from the Date of Commencement. (b) Illness occurring within 30 days of the Date of Commencement. (c) Any deliberate self-inflicted injury and/or self-medication (without a proper prescription from a legally recognised medical practioner). (d) The effects or complications arising from pregnancy. (e) Any accident occurring on or in or about any aircraft other than an aircraft in which the Cardmember was travelling as a bonafide passenger and which is operated by a licenced commercial or chartered airline. (f) Nuclear Radiation, Nuclear Fission, Nuclear Fusion and/or Radioactive Contamination. (g) Riot, civil commotion, strikes and war (whether war be declared or not), rebellion, insurrection, resurrection, popular rising, usurped power, terrorism. (h) The influence of alcohol or drugs other than proper use of drugs prescribed by a legally qualified medical practitioner, Page 44 of 98 Mashreq SmartSaver

45 but this exclusion shall not apply to Death claim. (i) Due to Chronic Illness / Condition but this exclusion shall not apply to Death Claim. (j) Illness due to pre-existing condition but this exclusion shall not apply in respect of Death occurring after a continuous period of 6 months from the Date of Commencement. However, this exclusion is applicable only if the Company is able to substantiate pre-existing condition within 1 month from the date of submission of all required claims documentation to the Company. (k) Acquired Immune Deficiency Syndrome (AIDS), AIDS related Complex (ARC) as defined by the World Health Organisation from time to time or the presence of the Human Immunodeficiency Virus (HIV) as revealed by the positive HIV anti-body or HIV test. 2. The benefits under this Cover shall not be applicable to the Cardmember where the Cardmember has received or have applied to receive a similar benefit covering the same interest under any other product or insurance in respect of the period for which the indemnity under this Cover shall apply. 3. The benefits under this Cover shall not be applicable in respect of Involuntary Loss of Employment arising out of and/or attributable to and/or in connection with the following: i. Employment on a fixed term contract for less than 2 years or part time or temporary employment. Page 45 of 98 Mashreq SmartSaver

46 ii. Resignation or leaving by mutual agreement or voluntary unemployment or redundancy after voluntary breaks from employment in excess of normal holiday entitlement. iii. Disability, sickness or accident or any other medical reasons (mental and/or physical). iv. Involuntary Loss of Employment which starts within 90 days of the Commencement Date. v. Where the Cardmember was aware of pending unemployment on or before the Commencement Date. vi. Where the unemployment is a normal seasonal part of the employment or due to nonrenewal of employment contract by the authorities vii. Where the Cardmember has neither been terminated nor become redundant but his/her salary or allowances is being withheld in part or in full for any reason of the employment contract viii. Unemployment due to any of the following: a. Misconduct b. Refusal to accept orders from the superiors c. Convicted of a crime d. Dishonesty or Fraudulent Act ix. The period for which payment from the employer is received instead of working notice x. Termination of employment due to voluntary retirement xi. Company failure where a contributing cause was a natural Page 46 of 98 Mashreq SmartSaver

47 catastrophic peril xii. Emiratisation Conditions Applicable 1. The Cardmember shall furnish the Bank with any information the Bank may require (including details of the state of health) in respect of the Cardmember for the benefits hereunder. The Bank may, at its sole discretion, require the Cardmember to undergo a medical examination by a legally qualified medical practitioner in the manner the Bank deems required or fit. 2. The benefits under this Cover shall be extended only to Principal Cardmembers and not to an additional or supplementary Cardmember. 3. No Benefits shall be paid in respect of a Cardmember who attains the Maximum Coverage Age specified hereunder. 4. The first two months of the scheme is complimentary and thereafter a nominal rate will be applied on the total amount outstanding for the month. The Cardmember has the option to opt out of the scheme at any time. 5. The benefits under this Cover shall terminate upon the happening of any one or more of the following. i. Cancellation of the Cardmember s Credit Card Facility. ii. The Cardmember having attained the Maximum Coverage Age. iii. The Cardmember s Death or Permanent Total Disablement. iv. The Cardmember s Credit Card Account becomes overdue for Page 47 of 98 Mashreq SmartSaver

48 a period of 90 days. However, this Cover will be automatically reinstated once the Cardmember has paid his dues. v. The Cardmember becoming unemployed voluntarily. However, the termination shall be only in respect of Involuntary Loss of Employment. vi. Six months prior to the Cardmember s normal retirement date depending upon the age of the Cardmember and the law of the land where he is employed. However, the termination shall be only in respect of Involuntary Loss of Employment. vii. Cancellation of the benefits under this Cover by the Bank or the Cardmember at any time in accordance with the terms and conditions of this Cover. 6. The observance by the Cardmember of the terms of this Cover and the truth of the statements and the answers by the Cardmember in the proposal and other material information provided by the Cardmember shall be condition precedent to benefits applicable under this Cover. If the circumstances in which this Cover was extended to the Cardmember are materially altered without the written consent of the Bank, the Cover shall become null and void. 7. If any claim under this Cover is in any way fraudulent or unfounded, all benefits under this Cover shall be forfeited. Claims Procedure 1. Upon happening of an event giving rise to a claim under this policy, the Cardmember/Cardmember s Legal Representatives Page 48 of 98 Mashreq SmartSaver

49 shall follow the following procedure: a. Give immediate written notice to the Bank but not later than 30 days from the Date of Event. b. The Cardmember or the Cardmember s legal personal representative shall complete the standard claim form issued by the Company and submit with such evidence to substantiate the claim to the satisfaction of the Company as the Company may reasonably require; The claim form can be obtained by calling Mashreqbank psc at c. The Cardmember or the Cardmember s legal personal representative or the Insured shall submit the following documents: For Death Claims: i. Death Certificate ii. Post Mortem Report (wherever legally required) iii. Police Report (if death was due to an accident) iv. Medical Report* with Detailed Diagnosis and Cause of Death if required by the Company when Actual Cause of Death is not clearly mentioned in the Death Certificate v. Copy of passport with visa page For Permanent Total Disablement Claims: i. Disability Certificate from an authorised medical practitioner to assess disability. ii. Police Report (if disability is due to an accident). Page 49 of 98 Mashreq SmartSaver

50 iii. Medical Report* with Detailed Diagnosis, Cause of Disability and Details of Treatment given. iv. Copy of passport with visa page. *From an Authorised Medical Practitioner. For Involuntary Loss of Employment Claims: i. Notice of Termination from the Employer. ii. Copy of Passport with Visa Page. The Company may also request for a copy of the Labour Contract from Employer if it is required to verify the period of employment contract. All papers as indicated above may be required to be produced in original (other than those surrendered to the authorities or Employer) for verification before the final settlement of claim. The claim form duly completed and accompanied with all necessary documentation should be forwarded to any Mashreqbank psc branch or mailed to: Mashreq Cardmember Services, Post Box 1250, Dubai, UAE. d. Credit Shield Insurance is offered by Oman Insurance Company and Mashreqbank psc and is not an insurance company and it does not underwrite or issue insurance products. This insurance product is not a Bank deposit or obligations or guaranteed by Mashreqbank psc or any of its affiliates or subsidiaries. Page 50 of 98 Mashreq SmartSaver

51 Other insurance with the company If a like Policy or Policies previously issued by the Company to the Insured Person be in force concurrently herewith, making the aggregate indemnity in excess of the limits stated in the Schedule of Benefits and the Certificate with respect to the Classification of Insured Persons, the excess insurance shall be void and all premiums paid for such excess shall be returned to the Insured or to his estate. Uniform provisions 1. Entire Contract, Changes: This Policy, including the endorsements and attached papers, if any, constitute the entire contract of insurance. No change in the Policy shall be valid until approved by an officer of the Company and unless such approval be endorsed hereon or attached hereto. No Agent has authority to change this policy or to waive any of the provisions of this Policy. 2. Effective date: This Policy takes effect on the Policy Effective Date stated on the Schedule of Benefits. After taking effect this Policy continues in effect until the Policy Expiry Date and may continue in effect thereafter subject to the Grace Period and Renewal Conditions set forth herein. All periods of insurance shall begin and end at 12:01 pm at the address of the Policyholder. 3. Grace period: A grace period of thirty one (31) days will be granted for the payment of each premium falling due after the first premium, during which time the Policy shall be continued in force, unless the Policy has been cancelled in accordance Page 51 of 98 Mashreq SmartSaver

52 with Cancellation. The Policyholder shall be liable to the Company for the payment of the premium for the period the Policy continues to be in force. If loss occurs within the Grace Period, any premium then due and unpaid will be deducted in settlement. 4. Premiums: All premiums and applicable taxes are payable by the Policyholder on or before the date they become due; unless official notice of termination has been given, a grace period will be granted for the payment of any premium falling due after the first premium, subject to the terms of the Uniform Provision titled Grace Period. The premium for this Policy is based on the number of Insured Persons and/or the volume of benefits as specified in the Schedule of Benefits. 5. Effective date of individual insurance: Coverage in respect of each Insured Person shall commence from the date the Insured Person is initially enrolled under this Policy and indicated as the Policy Effective Date in the Certificate. 6. Termination dates of individual insurance: Insurance of any Insured Person shall terminate immediately on the earliest of: 1. The date the Policy is terminated. 2. The date the Insured Person is no longer eligible within the Classification of Insured Person(s). 3. The premium due date if the required premium is not paid Page 52 of 98 Mashreq SmartSaver

53 within the Grace Period. 4. The date the benefits are paid to the extent of the Principal Sum or Monthly Benefit in respect of any Insured Person. 5. The date the Insured Person attains 70 years of age. 6. The date the Insured Person cancels coverage under this policy.any such termination shall be without prejudice to any valid claim originating prior to the date of termination. The Insured Person will not be eligible to re-apply for insurance coverage under this Policy after termination of coverage due to any of the above reasons. 7. Renewal conditions: The Policy may be renewed with the consent of the Company from term to term by payment of the premium in advance at the Company s rate in force at the time of renewal. Subject to provisions 4 and 5, the insurance in respect of the Insured Person(s) will be automatically renewed each month, subject to payment of premiums unless cancelled in writing by the Insured Person/the Company. 8. Reinstatement of the Policy: When this Policy terminates by reason of the non-payment of premium, any subsequent acceptance of a premium and reinstatement of the policy by the Company shall solely be at the Company s option and shall only cover loss resulting from Injury sustained after the date of such reinstatement. 9. Cancellation: The Company may cancel this Policy at any time by written notice delivered to the Policyholder, or mailed Page 53 of 98 Mashreq SmartSaver

54 to the address as shown by the records of the Company, stating when, not less than fifteen (15) days thereafter, such cancellation shall be effective. The Policy will terminate on the last day for which premium has been paid. Such cancellation shall be without prejudice to any valid claim originating prior thereto. 10. Notice of claim: Written notice of claim must be given to the Company within thirty (30) days after the occurrence or commencement of any loss covered by the policy or as soon thereafter as is reasonably possible. In the event of Accidental Death, immediate notice thereof must be given to the Company. Written notice of claim given by or on behalf of the Insured Person to the Company, or to any authorised official of the Company with information sufficient to identify the Insured Person and the Policyholder shall be deemed as notice to the Company. 11. Claim forms: The Company, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually required by the Company for filing proofs of loss. 12. Time for filing claim forms: Completed claim forms and written proof of loss must be furnished to the Company within ninety (90) days after the date of such loss. Failure to furnish such proof within ninety (90) days shall not invalidate nor reduce any claim if it was not possible to give proof within such time. However, in no event will any claim be honoured if proof of loss is not received within eighteen (18) months from the date of loss. 13. Time of payment of claim: Benefits payable under this Policy Page 54 of 98 Mashreq SmartSaver

55 for any loss, other than loss for which this policy provides any periodic payments, will be paid immediately upon receipt of due written proof of such loss satisfactory to the Company. Subject to due written proof, all accrued benefits for loss for which this Policy provides periodic payment will be paid monthly and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof. 14. To whom benefits are paid: Indemnity, if any, for Accidental Death of the Insured Person is payable to the beneficiary of record, who shall be legal beneficiary designated in writing and on file with the Company, unless such beneficiary records shall be maintained by the Policyholder. If no such designation is then effective, such indemnity is payable to the estate of the Insured Person. Any payment made by the Company in good faith pursuant to this provision shall fully discharge the Company to the extent of the payment. 15. Medical examination: The Company, at its own expense, shall have the right and opportunity to examine an Insured Person when and as often as the Company may reasonably require during the pendency of a claim hereunder, and also the right and opportunity to make an autopsy in case of death where it is not forbidden by law. 16. Legal actions: No action at law or in equity shall be brought to recover on this policy prior to the expiration of sixty (60) days after written proof of loss has been furnished in accordance with the Page 55 of 98 Mashreq SmartSaver

56 requirements of this Policy. No such action shall be brought after the expiration of three (3) years after the time written proof of loss is required to be furnished. 17. Designation or change of Beneficiary; assignment: The right of designation or change of beneficiary is reserved to the Insured Person. No designation or change of beneficiary under the policy shall be binding upon the custodian of beneficiary records. No assignment of interest shall be binding upon the Company until the original of a copy thereof is received by the Company. The Company assumes no responsibility for the validity of such designation or change of Beneficiary or assignment. 18. Consent of Beneficiary: Consent of Beneficiary, if any, shall not be requisite to change of Beneficiary or to any other changes in this Policy. 19. Mis-statement of age: If the age of any Insured Person has been mis-stated, all amounts payable under this Policy shall be such as the premium paid would have purchased at the correct age. If according to the correct age of the Insured Person, the coverage provided by the policy would not have become effective, or would have ceased prior to the acceptance of such premium or premiums, then the liability of the Company during the period the Insured Person is not eligible for coverage shall be limited to the refund, upon written request, of premiums paid for the period not covered by the Policy. 20. Filing of premium rates and classification of risks: If the law Page 56 of 98 Mashreq SmartSaver

57 of the country in which the Policyholder is located at the time this Policy is issued requires that prior to the Policy issue a statement of the premium rates and classification of risks pertaining to the Policy shall be filed with a government official having supervision of insurance in such country, then the premium rates and classification of risks mentioned in this Policy shall mean only such as have been last filed by the Company in accordance with such law, but if such filing is not required by such law, then they shall mean the Company s premium rates and classification of risks last made effective by the Company in such country prior to the occurrence of the loss for which the Company is liable. 21. Compliance with Policy provisions: Failure to comply with any of the provisions contained in this Policy shall invalidate all claims hereunder. 22. Data furnished by Policyholder: The Policyholder shall maintain, and shall furnish to the Company upon request, the names of all persons initially insured, of all new persons who become insured, and of all persons whose insurance is cancelled, together with the data necessary for the calculation of premium. 23. Examination and audit: The Company shall be permitted to examine the Policyholder s records relating to this Policy at any time during the Policy term and within three (3) years after the expiration of this Policy or until final adjustment of all claims hereunder, whichever is later. 24. Change in premium rates at Policy anniversary date: Page 57 of 98 Mashreq SmartSaver

58 Each year, as of the anniversary of the Policy Effective Date, the Company may change the premium rates for this Policy, by advance written notice delivered to the Policyholder, or mailed to the Policyholder s last address as shown on the records of the Company, no later than 31 days prior to such anniversary of the Policy Effective Date. In this case, it is the Policyholder s responsibility to advise all Insured Persons of the change in the premium rates not later than 15 days prior to such anniversary of the Policy Effective Date of the Policy. 25. Conformity with statutes: Any provision of this policy which, on the Policy Effective Date, is in conflict with statutes of the jurisdiction in which this Policy is delivered is hereby amended to conform to the minimum requirements of such statutes. 26. Governing law: This Contract shall be subject to the jurisdiction of the Country of Payment indicated in the Schedule of Benefits and governed by the laws and regulations of that country. Any disputes hereunder shall be referred to the Courts in that country. 27. Changes in law: In the event of any changes in the law of taxation or imposition of new levies or taxes on the Company, or the change of any law or regulation governing the operation of insurance companies in the Country of Payment. The Company may vary the benefits and terms and conditions of the Policy, as it deems appropriate. Country of Issue: United Arab Emirates Travel Cover Policy Page 58 of 98 Mashreq SmartSaver

59 This Policy is a contract made between the Insured Person and American Home Assurance Company and its successors and assigns, the Company. The Company agrees to provide insurance on the basis set out in this Policy based on information offered by the Insured Person and provided the Premium is paid when due and the Company agrees to accept it. This document together with the Policy Confirmation or Policy Schedule and Endorsements, if any, complete the Policy. 1. Introductory Clauses Period of Coverage This Policy s coverage will commence on the Policy Effective Date of Cover appearing on the Policy Schedule. This Policy will provide cover for Insured Journeys that are: 1. Booked after; or 2. Commenced after; the Policy Effective Date of Cover appearing on the Policy Schedule until the earlier of the date the Insured Person returns from his Insured Journey or the expiration date shown on the Policy Schedule. This Policy will run until cancelation or the expiration date shown on the Policy Schedule. Cover will terminate on the Insured Person s return to the Point of Departure and recommence on his next Insured Journey. The maximum period for any Insured Journey is restricted to 45 days. This Policy cannot be cancelled following the Policy Effective Date. Premium payments The Insured Person is liable for the Premium; the Premium is payable Page 59 of 98 Mashreq SmartSaver

60 in advance and the Company shall not be liable for any claim arising under this Policy that occurs prior to receipt of the Premium. The Company shall not be obliged to accept Premium tendered to it or to any intermediary after such date, but may do so upon such terms as it in its sole discretion may determine. The Company reserves the right to ask for proof of payment of premium at any time. Such proof must be to the Company s satisfaction. Maximum amount payable 1. No Insured Person shall be entitled to recover a benefit exceeding 100% of the sum for an Insured Event as reflected in the Table of Benefits. 2. If two or more travel policies issued by the Company or any other member company of Chartis Inc, apply to the same claim, the maximum amount payable by Chartis member companies under all such policies shall not exceed the limit of liability of whichever of such policies has the highest applicable limit of liability. Nothing contained herein shall be construed to increase the limit of liability of this Policy. Cancellation/Termination Cancellation The Company may cancel the Policy at any time by written notice delivered to the Insured Person or mailed to the last address as shown by the records of the Company stating when not less than seven (7) days thereafter such cancellation shall be effective. Such cancellation shall be without prejudice to any valid claim originating prior thereto. Page 60 of 98 Mashreq SmartSaver

61 In the event the individual insurance offered to an Insured Person under the Policy for which the Premium has been paid in advance is cancelled by written notice delivered to the Company and by returning the original copy of the Policy (if applicable) prior to the Insured Journey commencements, 85% of the Premium shall be refunded. In the event of termination of coverage of the Insured, Spouse and/ or Child due to payment of the Principal Sum, the Company will not refund any Premium. Termination This Policy will terminate on the earliest of the following dates: 1. Cover will terminate on the Insured Person s return to the Point of Departure and recommence on his next Insured Journey; or 2. The date that the Insured Person reaches the maximum age for the cover selected. 3. The expiry date appearing on the Policy Schedule. 4. The date the Premium is due and not paid. 5. The date the Insured person is no longer eligible within the classification of Insured Persons. 6. The date the benefits are paid to the extent of the Sum Insured in respect of any Insured. 2. Plan and Table of Benefits 2.1 Insured person s policy The Policy Schedule refers to the persons insured under this Policy by reference to the Plan Selected. The Plan names are as follows: 1. Annual Multi-Trip Page 61 of 98 Mashreq SmartSaver

62 2.2 Annual multi-trip plan Scope/Territory: 24 Hours / While on travel outside Country of Residence (Excluding Afghanistan, Iraq, Cuba and Democratic Republic of Congo) Table of Benefits Insured Event Sum Insured Section 1 - Personal Accident Benefits Principal Sum Insured: $10,000 Accidental Death (Common Carrier) 100% of the Principal Sum Insured Section 2 - Medical and Related Benefits Emergency Medical Expenses (Accident & Sickness) Deductible $60,000 $100 Section 3 - Travel Inconvenience Benefits Baggage Loss (Common Carrier) Per Bag Per Item $500 $250 $50 Baggage Delay Excess Page 62 of 98 Mashreq SmartSaver

63 $25 per hour up to $ Hours Personal Liability $25,000 Repatriation of Remains $5,000 Emergency Family Travel $2,500 Loss of Passport $250 Missed Departure $250 Travel Delay Excess $25 per hour up to $ Hours Assistance Department (24 Hours / Worldwide Services: ) Covered Family includes Insured Person, Spouse and unlimited number of Children. Children are covered for 10% of the Insured Person Sum Insured and up to a maximum of $10,000 under Accidental Death. 3. Definitions In this Policy the following definitions apply: Accident means a sudden unexpected and specific event caused solely and directly by violent, external and visible means which occurs at an identifiable time and place, resulting in Injury. Aids mean an opportunistic infection or a malignant neoplasm. For the purpose of this definition, the term Acquired Immune Deficiency Syndrome shall have the meaning assigned to it by the World Health Organization Acquired Immune Deficiency Syndrome shall include Page 63 of 98 Mashreq SmartSaver

64 H.I.V. (Human Immune Deficiency Virus), encephala (dementia) or H.I.V. wasting syndrome. Beneficiary means the person or persons nominated by the Insured Person as stated on the Policy Schedule, if not mentioned then the Beneficiary will be the legal heirs of the Insured Person. If Family Plan is selected then the beneficiary in case of death of the spouse or the child is the Insured Person. Children means the Insured Person s dependant children who are not in full-time employment and who are between the ages of 3 months and 18 years (or under the age of 23 years provided they are in full-time education), unmarried, not pregnant, without children and primarily dependent on the Insured Person for support. Common Carrier means any land, water or air conveyance operated under a valid license for the transportation of passengers for hire. Contact Sport means any sport in which physical contact between players is an accepted part of play. Country of Residence means the country of which the Insured Person is currently residing and holds a valid residency visa or is born there Day means a period of 24 consecutive hours including the day of admission but excluding the day of discharge. Policy Effective Date means the date on which the cover starts as shown on the Policy Schedule. Cover cannot start after an Insured Journey has begun. Emergency Evacuation means: (a) the Insured Person s medical Page 64 of 98 Mashreq SmartSaver

65 condition warrants immediate transportation from the place where he is injured or sick to the nearest Hospital where appropriate medical treatment can be obtained; (b) after being treated at a local Hospital, his medical condition warrants transportation to the country where the trip commenced to obtain further medical treatment or to recover; or (c) both (a) and (b) above. Excess means the first amount, or period, of each and every loss payable by the Insured Person. Hazardous Sports means skiing, land-skiing, mono-skiing, crosscountry skiing, heli-skiing, off-piste skiing (only when accompanied by an official guide), ice skating (no speed skating), snow boarding, ski boarding, sledging, toboganning, fishing, sail boarding, sailing, surfing, water skiing, wind surfing. Hospital means a place that: (a) holds a valid license (if required by law); (b) operates primarily for the care and treatment of sick or injured persons; (c) has a staff of one or more physicians available at all times; (d) provides 24-hour nursing service and has at least one registered professional nurse on duty at all times; (e) has organized diagnostic and surgical facilities, either on premises or in facilities available to the hospital on a pre-arranged basis; and (f) is not, except incidentally, a clinic, nursing home, rest home, or convalescent home for the aged, or a facility operated as a drug and/or alcohol treatment centre. Illness means any fortuitous sickness or disease contracted, commencing or first manifesting itself during an Insured Journey. Page 65 of 98 Mashreq SmartSaver

66 Injury means bodily injury caused solely and directly by violent, accidental, external and visible means occurring during the Insured Period. Insured Card means all Credit Cards held by the Insured Person (s) but not by those under 18 years of age. Insured Event means an event stated in the purchased plan s Table of Benefits in Section 2. Insured Journey means a journey commencing at the time when the Insured Person leaves his home address in his Country of Residence to travel outside the territorial limits of the Country of Residence in a direct, uninterrupted manner, including the return journey to his home address in his Country of Residence. The Insured Journey should start and end in the Insured Person s Country of Residence and within the time frame of the period of coverage. Insured Person means the person whose name appears on the Policy, aged between 3 months and 70 years and with respect to whom premium has been paid and who is a permanent resident of the Country of Policy Issuance. For Family Plan Insured Person will mean the person whose name appears on the Policy Schedule as an Insured Person, his/her spouse, and his/her children also whose names appear on the Policy and with respect to whom Premium has been paid and who are permanent residents of the country of policy issuance. Insurer means the entity underwriting this Policy, American Home Assurance Company. Manual Labor means physical labor involving the use of hands or Page 66 of 98 Mashreq SmartSaver

67 the use or operation of mechanical or non-mechanical machinery or equipment. Medical Expenses means all Reasonable and Customary Charges for Illness or Injury on an Insured Journey resulting in hospitalization, surgical or other diagnostic or remedial treatment given or prescribed by a Medical Practitioner. Medical Practitioner means a person registered with a current, legal license to practice medicine, but excludes an Insured Person or Insured Person s Relative. Medical Treatment means a Medical Practitioner s medical advice, treatment, consultations and prescribed or repeat maintenance medication. Period of Coverage means the period chosen by the Insured Person as per the Policy Schedule, for which premium has been paid, starting on the Policy Effective Date as shown on the Policy Schedule and expiring at the end of the chosen period. Permanent Total Disablement means total and absolute disablement which entirely prevents the Insured Person from engaging in or giving attention to any occupation and which will in all probability be lasting and continuous for his lifetime. Personal Effects means spectacles, dentures, purses, wallets, cosmetics, mobile phone and other personal effects normally worn or carried on the person. Point of Departure means the point from which an Insured Person commences an Insured Journey, from within the territorial limits of Page 67 of 98 Mashreq SmartSaver

68 his Country of Residence. Policy means this document and Policy Schedule. Policy Schedule or Policy Confirmation means the document which gives details such as, but not limited to, benefits, Premiums, conditions, limits and cover the Insured Person has. Pre-Existing Medical Conditions is a condition for which medical care, treatment, or advice was recommended by or received from a Physician within a two year period preceding the Policy Effective Date, or a condition for which hospitalization or surgery was required within a five year period preceding the Policy Effective Date. Professional Player means an Insured Person who earns in excess of 50% of his income from playing sport or who participates in a sport that remunerates him as a means of livelihood. Public Conveyance means any scheduled or chartered conveyance legally licensed to carry passengers for hire operating commercially in accordance with all locally applicable laws and regulations and in which the Insured Person is traveling only as a fare-paying passenger, including taxis and hired motor vehicles but excluding minibuses, non-standard motor vehicles and non-pressurized single engine piston aircraft. Reasonable and Customary Charges means the charges which: (a) are medically required for the treatment, supplies or medical service to treat an Insured Person s condition; (b) do not exceed the usual level of charges for similar treatment, supplies or medical services in the locality where the expenses are incurred, and (c) do not exceed Page 68 of 98 Mashreq SmartSaver

69 the charges for treatment that would have been made if no insurance existed. Related Expenses means additional accommodation and traveling expenses, excluding telephone costs, meals and beverages of necessity incurred by any one person, who on the advice of a Medical Practitioner appointed by the Company remains with or escorts the Insured Person until completion of his Insured Journey or until he resumes the Insured Journey or returns to the Point of Departure, whichever occurs first. Relative means a Spouse, parent, parent-in-law, grandparent, stepparent, Children, grandchild, brother, brother-in-law, sister, siste-rinlaw, daughter-in-law, son-in-law, fiancée, fiancé, half-brother, halfsister, aunt, uncle, niece or nephew of the Insured Person. Ski equipment means skis, poles, boots and bindings, snow boards or ice skates. Spouse wherever used in the policy shall mean the Insured Person s legally married husband or wife between the ages of 18 years and 70 years. Terrorist Act means any actual or threatened use of force or violence directed at or causing damage, Injury, harm or disruption, or commission of an act dangerous to human life or property, against any individual, property or government, with the stated or unstated objective of pursuing economic, ethnic, nationalistic, political, racial or religious interests, whether such interests are declared or not. Robberies or other criminal acts, primarily committed for personal gain and acts arising primarily from prior personal relationships between Page 69 of 98 Mashreq SmartSaver

70 perpetrator/s and victim/s shall not be considered Terrorist Acts. Terrorist Act shall also include any act which is verified or recognized as an act of terrorism by the (relevant) government of the country where the act occurs. Third Party means any person other than the Insured Person, his spouse or common-law partner, child, parent, friend or relative. Transportation means any land, water or air conveyance required to transport the Insured Person during an Emergency Evacuation. Transportation includes, but is not limited to, air ambulances, land ambulances and private motor vehicles. War means war, whether declared or not, or any warlike activities (including use of military force) by any sovereign nation to achieve economic, geographic, nationalistic, political, racial, religious or other ends. 4. Benefits 4.1 Personal Accident Benefit (Accidental Death (Common Carrier)) If a covered Injury results in death of an Insured Person within one hundred eighty (180) days after the date of the Accident, the Company will pay the compensation to his legal representative as stated in the Table of Benefits. Injury must occur while the Insured Person is riding as a passenger in or on, boarding or alighting from, a Common Carrier Specific Conditions Children are covered for 10% of the Insured Person Principal Page 70 of 98 Mashreq SmartSaver

71 Sum Insured and up to a maximum of $10,000 under Accidental Death Common Carrier Specific Exclusion The Company will not be liable to pay any benefit under this section in respect of any Insured Person for any Insured Event caused by or arising directly or indirectly from any type of Illness, or bacterial infection, except that this exclusion shall not apply to medically acquired infections or blood poisoning, including pyogenic infections, which may result from an accidental cut or wound. 4.2 Medical And Related Expenses Benefits Emergency Medical Expenses (Accident & Sickness) If an Insured Person whilst traveling on an Insured Journey incurs Medical Expenses as a result of Illness or Injury, the Company will pay for those expenses up to the amount as stated in the Table of Benefits Specific Conditions 1. Medical Expenses as a result of emergency dental treatment are limited to dentistry received within 30 days of the Accident. 2. Medical and Related Expenses shall only be paid until such time as a Medical Practitioner appointed by the Company decides that an Insured Person is capable of being repatriated. If the Insured Person is capable of being repatriated and elects not to return to the Point of Departure, Page 71 of 98 Mashreq SmartSaver

72 all expenses incurred in respect of the occurrence including those prior to the date of possible repatriation will be from the Insured Person s own account Specific Exclusions The Company will not pay for any medical expenses: 1 incurred for continuing treatment, including any medication commenced prior to the commencement date of the Insured Journey, which the Insured Person has been advised to continue whilst on an Insured Journey; or 2 incurred due to investigatory treatment that is not specified by a Medical Practitioner as immediately necessary; or 3 for fillings or crowns of precious metal; or 4 for any procedures relating to dental or oral hygiene; or 5 for specialist Medical Treatment without referral from a Medical Practitioner; or 6 relating to contraceptive devices, prosthetic devices, medical appliances or artificial aids; or 7 for preventative treatment, including but not limited to any vaccination and/or immunization; 8 Incurred in Country of Residence Emergency Medical Evacuation The Company will pay the usual Reasonable and Customary charges up to the maximum shown in the Table of Benefits shown above or covered expenses incurred if Injury or Sickness results in the Insured Person necessary Emergency Evacuation. An Emergency Page 72 of 98 Mashreq SmartSaver

73 Evacuation must be ordered by the Assistance Service or a Physician who certifies that the severity or the nature of the Insured Person Injury or Sickness warrants his Evacuation. Covered expenses are those for Transportation and medical treatment, including medical services and medical supplies necessarily incurred in connection with the Emergency Evacuation. All Transportation arrangements made for evacuating the Insured Person must be by the most direct and economical route possible. Expenses for Transportation must be: (a) recommended by the attending Physician; (b) required by the standard regulations of the conveyance transporting; and (c) arranged and authorized in advance by the Assist Service. 4.3 Travel Inconvenience Benefits Baggage Loss (Common Carrier) The Company will pay benefits if the Insured Person baggage, which is in the care, custody and control of a Common Carrier, is lost due to theft or due to misdirection by a Common Carrier while his is a ticketed passenger on the Common Carrier during the trip. The Company will reimburse up to the maximum shown in the Table of Benefits, for the cost of replacement of the baggage and its contents. All claims must be verified by the Common Carrier. The maximum amount to be reimbursed per bag is 50% and the maximum amount to be reimbursed per article contained in any bag is 10% of the amount stated in the Table of Benefits. There is also a combined maximum limit of 10% of the Baggage Loss amount stated in the Table of Benefits for the following: jewellery, watches, articles Page 73 of 98 Mashreq SmartSaver

74 consisting in whole or in part of silver, gold or platinum, furs, articles trimmed with or made mostly of fur, and cameras, including related camera equipment, computers and electronic equipment. Loss of a Pair/Set In case of loss to a pair or set, the Company may elect to: (A) Repair or replace any part, to restore the pair or set to its value before the loss; or (B) Pay the difference between the cash value of the property before and after the loss Specific Condition Benefits for baggage and personal effects will be in excess of any amount paid or payable by the Common Carrier responsible for the loss. Benefits for baggage and personal effects will be in excess of all other valid and collectible insurance. If at the time of the occurrence of any loss there is other valid and collectible insurance in place, the Company will be liable only for the excess of the amount of loss, over the amount of such other insurance, and any applicable deductible Specific Exclusions Benefits will not be provided for any loss of: 1. Animals, birds or fish; 2. Automobiles or automobile equipment, boats, motors, trailers, motorcycles, or other conveyances or their appurtenances (except bicycles while checked as baggage with a Common Carrier); 3. Household furniture; 4. Eyeglasses or contact lenses; Page 74 of 98 Mashreq SmartSaver

75 5. Artificial teeth or dental bridges; 6. Hearing aids; 7. Prosthetic limbs; 8. Musical instruments; 9. Money or securities; 10. Tickets or documents; 11. Perishables and consumables. 12. Mobiles 13. Laptops Benefits will not be provided for any loss resulting (in whole or in part) from: 1. Wear and tear or gradual deterioration; 2. Insects or vermin; 3. Inherent vice or damage; 4. Confiscation or expropriation by order of any government or public authority; 5. Seizure or destruction under quarantine or custom regulation; 6. Radioactive contamination; 7. Usurped power or action taken by governmental authority in hindering, combating or defending against such an occurrence; 8. Transporting contraband or illegal trade; 9. Mysterious disappearance; or 10. Breakage of brittle or fragile articles, cameras, musical instruments, radios and similar property Baggage Delay Page 75 of 98 Mashreq SmartSaver

76 The Company will reimburse the Insured Person for reasonable essential expenses incurred following the Excess period and up to the amount stated in the Table of Benefits, for the emergency purchase of essential items if his baggage is delayed, misdirected or temporarily misplaced by a carrier Specific Conditions 1. Written proof of delay from the transport provider must be submitted with any claim and the Company s liability is subject to it receiving original receipts for the essential expenses incurred. 2. The baggage delay must exceed the Excess. 3. Confiscation or requisition by customs or other government authority cannot form the basis of a claim for loss or expenses. 4. Claims in respect of essential clothing or requisites purchased as a result of delayed baggage will only be considered if items have been purchased within 4 days after the actual arrival time at the intended destination. 5. If baggage appears to be delayed or lost at the destination airport, the Insured Person must formally notify the relevant carrier airline immediately. Evidence of notification should be provided Personal Liability The Company will pay all damages, compensation and legal expenses for which the Insured Person becomes legally liable up to the amount stated in the Table of Benefits under the plan opted for as a result of his actions causing: Page 76 of 98 Mashreq SmartSaver

77 1 Injury, including resultant death, of another person; 2 Loss of or damage to property Specific Conditions 1. It is a condition of payment that the Insured Person not admit fault or liability to any other person without the Company s prior written consent. 2. No offer, promise, payment or indemnity may be made by the Insured Person without the Companyís prior written consent. 3. The Insured Person must give the Company written notice with full particulars of an event that may give rise to a claim within 30 days of the conclusion of an Insured Journey. 4. Every letter, writ, summons and process must be forwarded to the Company as soon as possible. 5. The Company is entitled to take over the defense and settlement of claim in the name of the Insured Person for the Company s benefit. The Company shall have full discretion in the conduct of any proceedings and settlement of the claim. 6. The Company may at any time pay the Insured Person the amount for which a claim can be settled less any damages already paid. The Company will then be under no further liability other than for costs and expenses incurred prior to making such payment. 7. No indemnity will be provided for legal liability arising from Injury or loss as a result of any willful or malicious act of the Insured Person Specific Exclusions Page 77 of 98 Mashreq SmartSaver

78 The Company will not pay damages, compensation or legal expenses in respect of any liability directly or indirectly arising out of or in connection with: 1. Injury to the Insured Person or to any member of his family ordinarily residing with him; or 2. Injury to the Insured Person or his employees arising out of or in the course of employment; or 3. Loss of or damage to property owned by or in control of the Insured Person or any member of his family ordinarily residing with him; or 4. The ownership, possession or use by or on behalf of the Insured Person of any caravan, mechanically propelled vehicle (other than golf carts and motorised wheelchairs), aircraft or other aerial device, hovercraft (other than hand-propelled or sailing craft in territorial waters) or animals; or 5. Loss of or damage to property or Injury arising out of the Insured Person s profession, business or trade, or out of professional advice given by him; or 6. Any contract unless such liability would have arisen in the absence of that contract; or 7. Judgements which are not in the first instance either delivered by or obtained from a court of competent jurisdiction within the country where the Policy has been issued or the country in which the event occurred giving rise to the Insured Person s liability; or 8. Any claim for fines, penalties, punitive, exemplary, aggravated Page 78 of 98 Mashreq SmartSaver

79 or vindictive damages Repatriation of Remains The Company will pay benefits up to the amount stated in the Table of Benefits as shown for covered expenses reasonably incurred to return the Insured Person s body to his Country of Origin if he dies. Covered expenses include, but are not limited to, expenses for: (a) embalming; (b) cremation; (c) coffins; and (d) transportation Emergency Family Travel If the Insured Person is hospitalised for more than 5 days following a covered hospitalisation during the Insured Person trip, the Company will pay up to the amount stated in the Table of Benefits for: 1. The cost of round-trip economy airfare to bring a person chosen by the Insured Person to and from the Insured Person s bedside if the Insured Person is alone during his trip. 2. The reimbursement of the Hotel room charge due to convalescence after the Insured Person Hospital discharge, which has been approved by the Assistance Service up to a daily amount and total maximum amount stated in the Table of Benefits. These expenses must be authorised in advance by the Assistance Service. Benefits will not be provided for any expenses provided by another party at no cost to the Insured Person or already included in the cost of the trip Loss of Passport Page 79 of 98 Mashreq SmartSaver

80 The Company will pay costs incurred by the Insured Person limited to fees, penalties and courier charges towards replacement of travel documents in lieu of lost passport as per amount stated in the Table of Benefits, under plan opted for and subject to letter intimating loss of passport acknowledged by appropriate authorities Specific Exclusions 1. Impounding of Passport by any authorities 2. If the loss is recoverable under other insurance or recoverable from other source Missed Departure The Company will pay up to the overall limit shown on the Table of Benefits, for customary charges for necessary accommodation, telephone calls, meals and local public transportation incurred by the Insured Person if the Insured Person cannot reach the original departure point at the recommended time of his Insured Journey on either the outward or return journey, because public transportation services fail or the vehicle in which the Insured Person is travelling is involved in an accident or breaks down Specific Conditions 1. The Insured Person must allow enough time to arrive at his original departure point at or before the recommended time; 2. The Insured Person must get confirmation of the reason for the delay and how long it lasts from the appropriate authority Specific Exclusions The Company will not be liable to reimburse any Sum Insured for Page 80 of 98 Mashreq SmartSaver

81 claim which is the result of a strike or industrial action that the Insured Person knew about before he booked his Insured Journey Travel Delay The Company will reimburse the Insured Person for reasonable essential expenses incurred caused by unforeseen travel delay and following the Excess period, up to the amount stated in the Table of Benefits resulting from: 1. Loss or theft of travel documents (travel tickets, passports and visas). 2. An accident or mechanical/electrical breakdown involving the transport in which he arranged to travel or was travelling for the purpose of reaching the Point of Departure and/or departure point from which he had intended commencing an onward journey. 3. Delay of a scheduled departure of a Public Conveyance due to: a) industrial dispute, strike or action; or b) adverse weather conditions including cyclones, tornados, floods, typhoons, blizzards, or natural disasters in the country to or through which he is travelling; or c) mechanical/electrical breakdown; or d) public transport services failure Specific Exclusions The Company will not pay for expenses incurred: 1. Where comparable alternative onward transportation has been made available to the Insured Person within the Excess after the scheduled departure time of a booked flight or within the Excess Page 81 of 98 Mashreq SmartSaver

82 after an actual flight arrival (in the case of a connecting flight); or 2. Where the Insured Person fails to check in according to the itinerary supplied, unless such failure was due to a strike or industrial action; or 3. Where the delay is due to industrial dispute, strike or action which existed or for which advance notice had been given on or before the date on which the Insured Journey commenced; or 4. Where the delay is due to the withdrawal from service temporarily or permanently of any Public Conveyance on the orders or recommendation of any port authority or the civil aviation authority or any similar body in any country in which advance notice had been given on or before the date on which the Insured Journey commenced; or 5. For carrier caused delays where the cost of expenses is recoverable from the carrier Assistance Department Assistance department provides Emergency Assistance Services, including medical, technical and general services as listed below. Insured Persons may contact assistance department at Phone number: twenty four (24) hours a day Medical Services: Medical Reference: Assistance department shall provide the Insured Person(s) with the name, address, telephone number, office hours and English language translation assistance for Page 82 of 98 Mashreq SmartSaver

83 medical and health care professionals in any worldwide location reasonably requested by the Insured Person(s): physicians, hospitals, ambulance and other emergency medical service (collectively, Medical Service Providers). Whenever assistance department has sufficient information to do so, it shall refer the Insured Person(s) to two or more such Medical Service Providers, set appointments, translate if needed, and coordinate with the Insured Persons primary medical insurer. Assistance department shall use its reasonable best efforts to ensure that its medical referrals are to Medical Service Providers who meet the professional standards of the country and city in which they are located. Assistance department will make its reasonable best efforts to pre-negotiate fees for services with Medical Service Providers, steer Insured Person(s) of Chartis Inc. to Medical Service Providers in-network, and to arrange direct billing with its Medical Service Providers whenever possible for expenses incurred by the Insured Person(s) of Chartis Inc. Assistance department will use every effort to supply a qualified Medical Reference within 24 hours of the initial request, however when this is not possible, assistance department cannot be held responsible for circumstances beyond its control. In all instances, assistance department will notify the Insured Person(s) of the status of the request within this time frame. Advance Payment of Medical Expenses: When it is deemed medically appropriate, assistance department will advance up to Page 83 of 98 Mashreq SmartSaver

84 the amount allowed in the Policies issued to the Insured Person(s) for the payment of medical expenses. Any determination by assistance department to advance such amounts will be based on advice and approval from Chartis Inc. If there is no coverage,or if coverage is insufficient under the Insured Person s Policy, any uncovered expense associated with the Insured Person s medical expenses will be the sole responsibility of the Insured Person or of the person(s) acting on the Insured Person s behalf. Guarantee of Hospitalisation Fee: When it is deemed medically appropriate, assistance department will guarantee payment of hospitalisation fees up to the amount allowed in the Insured Person s Policy for hospitalisation benefits. Any determination by assistance department to guarantee such amounts will be subject to approval of the same advance from Chartis Inc. in accordance with this Policy. If there is coverage under the Policy issued to the Insured Person by Chartis Inc. then assistance department will pay up to the maximum amount available under the Policy for hospitalisation fees. If there is no coverage, or if coverage is insufficient under the Policy, any uncovered expense associated with an Insured Personís hospitalisation will be the sole responsibility of the Insured Person or of the person(s) acting on the Insured Person s behalf. Medical Evacuation: Assistance department shall arrange and coordinate the medical evacuation by means of air transportation, including but not limited to commercial air transportation with Page 84 of 98 Mashreq SmartSaver

85 or without medical escort, air ambulance transport and/or, if appropriate, other forms of transportation of an Insured Person from a foreign hospital or health care facility to another foreign hospital or health care facility, or to a hospital or health care facility in the Insured Person s Country of Residence, when a physician designated by assistance department to monitor the Insured Person s condition and treatment deems such an evacuation or transportation necessary in his/her professional judgement. Assistance department shall use its best efforts to ensure that all services so arranged are with Medical Service Providers that meet the professional standards of the country and city in which the evacuation will originate. Assistance department will pay reasonable costs on Insured Person s behalf up to the policy limits issued by Chartis Inc. Medical Case Monitoring: Following all medical referrals or other assistance to a Insured Person in connection with a medical emergency, assistance department shall monitor the Insured Person s medical condition and treatment until the Insured Person is released from treatment or returns home. Repatriation of Remains: When the assistance department is notified that an Insured Person has died while traveling, assistance department will verify that insurance applicable to repatriation of remains is in force. Subject to any governmental regulations, assistance department will also assist in making all necessary arrangements for the return of the Insured Person s Page 85 of 98 Mashreq SmartSaver

86 remains to the place designated by the Insured Person s next-ofkin. Assistance department will pay on Insured Person s behalf reasonable costs up to the policy limits issued by Chartis Inc. Any expense associated with the repatriation of the Insured Person s remains over the amount available through Insurance will be the sole responsibility of person(s) acting on the deceased Insured Person s behalf. Insurance/Claims Coordination: In a medical emergency, communication and filing issues between an Insured Person s insurance carriers and providers to settle billing medical expenses will be handled Technical Services: Lost/Stolen Luggage and Personal Effects: Insured Person whose luggage or personal effects are lost or stolen can expect help with local authorities and agencies. Assistance department shall coordinate with common carriers to locate and recover lost or stolen luggage which shall involve the use of all available tracking systems and establishing, on the Insured Person s behalf and, as appropriate, liaison with transportation carriers, airports, hotels, government authorities and others. Assistance department will also coordinate arrangements to assist the Insured Person with processing of insurance claims resulting from the lost luggage. Lost/Stolen Travel Documents/Tickets: In the event a traveller s personal travel documents are lost or stolen, Insured Person(s) Page 86 of 98 Mashreq SmartSaver

87 s can expect help with obtaining replacement and cancelling original documents, including making alternate reservations and arranging for replacement airline/rail tickets when needed. Assistance department shall use its best effort to assist the Insured Person in locating lost documents (including, but not limited to lost passports and visas), and upon request, to replace such documents by identifying and contacting appropriate governmental authorities, gathering necessary information, and otherwise taking all reasonable steps necessary to facilitate the replacement of the lost documents in a prompt and timely manner General Services: Travel Documentation: Advice on procuring travel documents, passport/visa requirements, and customs entry/exit restrictions and regulations. Immunisations: Advice on the immunisations required for the trip, information on local medical advisories, epidemics and available preventive measures. Currency and ATM Locations: Currency exchange rates are available, as well as information on local bank/government holidays. Global Weather: General climate and up-to-date weather forecasting for domestic and international destinations. Telephone Translation for medical emergencies: For travellers in an emergency medical situation who do not speak the local language, multilingual counsellors are available 24 hours a day, Page 87 of 98 Mashreq SmartSaver

88 seven days a week, for translations via telephone. 5. Uniform Exclusions The Company will not cover loss, injury, damage or legal liability caused by, sustained, or arising directly or indirectly from: 1. War, invasion, act of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection or military or usurped power, labour disturbances, riot, strike or lock-out. However, the Insured Person will continue to be entitled to be covered for 7 calendar days from the start of the hostilities in case he is surprised by such events abroad insofar as he does not actively participate in them; nor 2. The intentional use of military force to intercept, prevent or mitigate any known or suspected Terrorist Act; nor 3. Any Terrorist Act or bomb incident or threat thereof; nor 4. The use, release or escape of nuclear materials that directly or indirectly results in ionising, radiation or contamination by radioactivity from any nuclear fuel or from nuclear weapons materials. For the purpose of this exclusion, combustion shall include any self-sustaining process of nuclear fission; nor 5. The release, the dispersal or application of pathogenic or poisonous biological or chemical materials; or 6. Being in service or on duty with or undergoing training with any military or police force, or militia or paramilitary organisation; nor 7. Engaging in occupational activities underground or requiring Page 88 of 98 Mashreq SmartSaver

89 the use of explosives; nor 8. Willful or deliberate exposure to danger (except in an attempt to save human life), intentional self inflicted injury, suicide or attempt thereat; nor 9. Deliberate violation of criminal law; nor 10. Travelling by air on a legally licenced aircraft and where the Insured Person is acting as pilot or part of the aircraft crew; nor 11. Mental disorders including, but not limited to anxiety disorders, eating disorders, psychotic disorders, affective disorders, personality disorders, substance use disorders, somatoform disorders, dissociate disorders, psychosexual disorders, adjustment disorders, organic mental disorders, mental retardation and autism; nor 12. Pregnancy and all related conditions, including services and supplies related to the diagnosis or treatment of infertility or other problems related to inability to conceive a child; birth control, including surgical procedures and devices; nor 13. Sexually transmitted diseases and the conditions commonly known as AIDS or HIV and/or any related illness or condition including derivatives or variations thereof, howsoever, acquired or caused; nor 14. Chronic fatigue syndrome or myalgic encephalomyelitis (M.E.) (anticardiolipin antibody positively) or the Illness commonly referred to as yuppie flu; nor 15. a) An Insured Person being under the influence of alcohol Page 89 of 98 Mashreq SmartSaver

90 with more than the legal limit of alcohol in his blood or breath; or b) An Insured Person being under the influence of drugs or narcotics unless such drugs or narcotics were administered by a Medical Practitioner or unless prescribed by and taken in accordance with the directions of a Medical Practitioner; or c) An Accident occurring whilst an Insured Person was driving a motor vehicle with more than the legal limit of alcohol in his blood or breath; or d) Alcohol abuse, alcoholism, substance abuse, solvent abuse, drug abuse or addictive conditions of any kind; nor 16. (a) Any Pre-existing Medical Condition; or (b) Any cardiac or cardio vascular or vascular or cerebral vascular illness or conditions or sequelae thereof or complications that, in the opinion of a Medical Practitioner appointed by the Company, can reasonably be related thereto, if the Insured Person has received medical advice or treatment (including medication) for hypertension 2 years prior to the commencement of the Insured Journey; nor 17. Congenital anomalies and conditions arising out of or resulting there from, and hernia; nor 18. Flying in any aircraft owned, leased or operated by or on behalf of an Insured Person or any member of an Insured Person s household; nor Page 90 of 98 Mashreq SmartSaver

91 19. An Insured Person travelling against medical advice or to seek medical attention or advice or with a terminal condition which was diagnosed prior to the Insured Journey or when he is unfit to do so; nor 20. Employment involving Manual Labour, other than off duty; or undertaking employment on a permanent or contract basis which is not casual, other than whilst on a leisure trip; nor 21. Participating in any sport as a Professional Player; or b) school sports (unless an Endorsement has been issued and additional premium charged and authorised by the Company and paid by the Insured Person); nor 22. Any hazardous pursuits, sports or activities which introduce or increase the possibility of a loss including but not limited to engaging in motor cycling (where the engine capacity exceeds 200cc or the cycle is under control of an unlicensed driver), steeplechasing, polo or horseback riding, hunting, bungee jumping, abseiling, white water rafting, hiking (unless accompanied by a recognised guide or on a clearly marked route), mountaineering requiring the use of ropes or equipment, scuba diving (unless licensed or accompanied by a qualified instructor), fighting (except in bonafide self defense), racing (other than on foot or under sail in inland waters), being a crew member on a ship or boat travelling from one country to another, speed or endurance racing or practice thereof (other than athletics), or training for or engaging in contact sports where physical contact Page 91 of 98 Mashreq SmartSaver

92 between players is an accepted part of play. Skiing, land-skiing, mono-skiing, cross-country skiing, heli-skiing, off-piste skiing (only when accompanied by an official guide), ice skating (no speed skating), snow boarding, ski boarding, sledging, toboganning or ice skating, fishing, sail boarding, sailing, surfing, water skiing, wind surfing, unless an additional premium has been charged and authorised by the Company and paid by the Insured Person. This remains at the discretion of the Company; nor 23. Consequential loss of any kind or financial loss and/or expense not otherwise specifically covered; nor 24. Default or insolvency of the carrier; nor 25. The Insured Person s intention to emigrate, unless agreed previously in writing by the Company. 26. Travel in, to through Afghanistan, Iraq, Cuba or Democratic Republic of Congo. 27. Any terrorist or member of a terrorist organisation, narcotics trafficker, or purveyor of nuclear, chemical or biological weapons. 6. General Conditions 6.1 Age Limits This Policy covers Insured Events which happen to an Insured Person who is 3 months to 70 years of age at the date of such event on all Plans. 6.2 Airlines The Company will have no liability to pay any benefit in relation to any Insured Event for which the Insured Person may be able to seek compensation from an airline. If the Insured Person proves that he has Page 92 of 98 Mashreq SmartSaver

93 taken all reasonable and necessary steps to claim from the airline, the Company will pay a pro-rata portion of the benefits. The Companyís liability will be calculated by reducing the benefits by the amount for which the Company considers the airline to be liable. 6.3 Currency All amounts are shown in United States Dollar. If expenses are incurred in a foreign currency the rate of exchange used will be the rate at the time of incurring the expense or suffering a loss. 6.4 Endorsements This Policy may be extended, amended or altered by the Company issuing an endorsement, provided that the application is made in writing to the Company prior to the expiry of the existing Policy and there are neither existing nor initiated claims on the existing Policy. 6.5 Liability The Company shall not be liable or responsible for: a) the negligence, wrongful acts and/or omissions of any legal and/ or health care professional or any other person or persons or legal entity that provide direct or indirect service to the Insured Person; b) The failure of any agent or broker to explain adequately the terms, conditions, endorsements, terminations and exclusions of this Policy. 6.6 Language The official version of this Policy is in English. Words in the singular include the plural and vice versa and words in the masculine gender include the feminine gender. 6.7 Marketting Page 93 of 98 Mashreq SmartSaver

94 Should any discrepancies arise between the Policy and any literature received by the Insured Person, the Terms, Conditions, Endorsements, Terminations and Exclusions in the Policy will govern in all cases. 6.8 Misrepresentation This Policy shall be considered void (at the discretion of the Company) in the event of misrepresentation, mis-description or nondisclosure by or on behalf of the Insured Person of any information material to this Policy. 6.9 Other financial products and services The Company will accept no liability whatsoever for any of the insurance or other financial products or services which are sold in conjunction with this Policy that are provided or underwritten by any other insurance or assurance companies and/or assistance companies and/or financial providers Other insurance Except for Section Personal Accident, if the Insured Person is able to claim under any other policies (including statutory insurance and/or automatic credit card travel insurance) to be covered for the whole or any part of an Insured Event ( Other Claims ), the Company will only be liable to pay its pro rata portion of the claim submitted in terms of this Policy. If in the Companyís discretion it decides to pay the claim in full, then it will not be obliged to make payment unless the Insured Person cedes to the Company all of their rights in respect of the Other Claims. Page 94 of 98 Mashreq SmartSaver

95 If the Company has already paid benefits in terms of this Policy, all of the Insured Person s rights in respect of the Other Claims will be ceded automatically to the Company. Without limiting any provision of this Policy or any legal obligation, the Insured Person must cooperate fully with the Company in relation to the Other Claim or legal proceedings including: a) not doing anything to prejudice or limit the Company s rights; b) giving the Company whatever information and documents it may require; c) signing any document or affidavit that the Company may request to enable it to exercise its rights Third Party This Policy is between the Company and the Insured Person only and all of its provisions and conditions are for the sole and exclusive benefit of those parties. Nothing in this Policy, expressed or implied, is intended to confer upon any other person any rights or remedies of any nature whatsoever under this Policy or any of its provisions. Without limitation, no third party shall have any rights under this Policy or any right to receive Policy benefits. Receipt of Benefits paid will be a valid discharge of the Company s liability under this Policy. This Policy cannot be ceded, assigned or in any way transferred to a third party. Benefits shall be payable only to the Insured Person or his legal representative Public Conveyance tickets The Company has the right to utilize the Insured Person s Public Conveyance ticket to offset the Company s expenses. Page 95 of 98 Mashreq SmartSaver

96 6.13 Table of Benefits The Table of Benefits referred to in this document is the Table of Benefits as listed in Section Country of Issuance Law This Policy will be governed by the laws of country where the policy has been issued and its courts shall have exclusive jurisdiction to the exclusion of the courts of any other country Subrogation The Company has the right to commence or take over legal proceedings in the Insured Person s name for the defense or settlement of any claim, or to sue or prosecute any other party to recover monies payable by them at law. The Insured Person must co-operate with the Company and do nothing to hinder the Company s rights Tax or Imposts The onus will always be on the Insured Person to ensure, correctly admit and pay any tax liability in consideration of any benefit being paid that may incur tax or imposts of any nature. 7. Claims Conditions 7.1 Compliance The Insured Person must follow the Company s advice or instruction otherwise the Company may decline to pay the whole or any part of the claim. 7.2 Legal action If the Company denies liability for any claim and the Insured Person does not institute legal action and serve summons on the Company (or Page 96 of 98 Mashreq SmartSaver

97 initiate arbitration proceedings if the Company has agreed to submit to arbitration) within 36 months after such repudiation, all benefits of such claim shall be forfeited. 7.3 Notice of claim and proof of loss The Insured Person must give the Company notice in writing: a) Within 60 days of an Accident which may give rise to a claim under this Policy. Any benefit related to death will only be payable if the Company receives written notification of the death within 30 days. The Company shall have the right to have a post mortem examination of the body conducted. b) Within 30 days of any other occurrence which may give rise to a claim under this Policy. The Insured Person must, at his own cost, provide whatever certificates, information and documented evidence ( Evidence ) is required by the Company regarding the Insured Event. 7.4 Recoveries All recoveries net of the Company s actual recovery costs will be distributed firstly to the Company for all amounts paid and any remainder will be paid to the Insured Person. 7.5 Fraudulent Claims If the Insured Person or anyone acting on his behalf uses any fraudulent means or devices to obtain any benefit, then any amount payable in respect of such claim shall be forfeited, the Policy will be cancelled and no Premium will be refunded. 7.6 General Page 97 of 98 Mashreq SmartSaver

98 The Insured Person shall submit to medical examination at the expense of the Company as often as shall be required in connection with any claim. Any report generated as a result of such examination shall be the property of the Company and shall be deemed to be confidential information of the Company. Medical Treatment shall be sought and followed promptly on the occurrence of an Injury or Illness and the Company shall not be liable for that part of any claim which in the opinion of a Medical Practitioner arises from the unreasonable or willful neglect or failure of any Insured Person to seek and remain under the care of a qualified Medical Practitioner. All claims arising from criminal incidents are to be supported and accompanied by a certified police report. The due observance and fulfillment of the Policy insofar as it relates to anything being done or complied with by the Insured Person, shall be a condition precedent to liability to make any payment under this Policy. The Company shall have the right to access any current or prior medical records of the Insured Person in order to finalize and/or proceed with the assessment of a claim and/or render medical assistance. By virtue of this clause, the Insured Person shall be deemed to have given the Company written consent to access any of the Insured Person s current or prior medical records. No amount payable in terms of this Policy shall bear any interest. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Page 98 of 98 Mashreq SmartSaver