insurance policy booklet · information document on exercising the right of cancellation provided...
TRANSCRIPT
2
Insurance policy
booklet
No. 78 912 712
→ Repatriation
Assistance
→ Civil Liability
SNOWLEADER
→ Interruption of
sporting
activity
→ Destruction
or Loss of
sports
equipment
→ Individual
accident
Limit of cover table
Cover Amounts
CIVIL LIABILITY Bodily Injury Property damage
€4,600,000 per event €80,000 per event
Repatriation Assistance Medical expenses
Medical Repatriation Assistance (for the
Subscriber or his/her family or accompanying person, for medical or accidental reasons)
Replacement driver Extended hotel stay
Search & rescue or first aid costs (including
helicopter, first aid on slopes, etc.) Legal defence and recourse Assistance in the event of death:
- Transportation of the body - Coffin and urn costs
Presence in the event of hospitalisation
€500 per person in France €10,000 per person abroad
No limit of liability Ticket Hotel expenses of €80 per person and per day, for a maximum of 10 days
€10,000 per person €3,000 per claim
Actual expenses €1,000 per claim Ticket
Interruption of sporting activity Cost of interruption of a paid-for sporting
activity (lessons, ski lift passes, lesson bookings, etc.) for medical or accidental reasons
€300 per person
Destruction or loss of sports equipment SNOWLEADER equipment insurance
(equipment replaced if destroyed or lost further to an accident)
€3,000 per person
Individual accident Relative excess
€7,500 per person, full per event €15,000 15 %
No cover on any account for stays longer than 90 consecutive days.
→General Provisions
Like any insurance contract, this one comprises mutual rights and obligations. It
is governed by the French Insurance Code (Code des Assurance français).
These rights and obligations are set forth in the following pages.
Appendix to article A. 112-1 Information document on exercising the right of cancellation provided for in Article L. 112-10 of the French Insurance Code
Please check that you do not already have cover insurance for any of the
risks covered by the new contract. If such is the case you are entitled to
cancel this contract within fourteen calendar days of it being signed. No
charge or penalty is payable if all the following conditions have been met:
you took out this contract for non-occupational reasons; this contract is supplementary to purchase of a product or of a
service sold by a supplier; you produce evidence that you are already covered for one of the
losses covered by this new contract; the contract you wish to cancel has not been fully executed; you have not declared/claimed for any loss covered by the
contract.
In which case, you may exercise your right to cancel this contract by
letter or by any other durable medium sent to the insurer of the new
contract, accompanied by supporting documents that you already have
cover for one of the risks covered by the new contract. The insurer
must reimburse you the premium paid within thirty days of cancellation.
If you wish to cancel your contract but do not meet all the above
conditions, please check the cancellation procedure stipulated in your
contract.
Additional information:
The cancellation letter, a model of which is given below, used to exercise
this right must be sent by letter or any other durable medium to Axelliance
Conseil - Immeuble les Topazes – 92, cours Vitton - 69456 Lyon Cedex
06:
“I the undersigned Mr/Ms………….residing at (address) …………..hereby
cancel my contract No.……….taken out with Allianz IARD pursuant to
Article L 112-10 of the French Insurance Code. I solemnly declare that on
the date of this letter I am not aware of any claim covered by the contract.
”
Consequences of cancellation:
Exercising your right to cancel within the period stated in the above box
will result in the contract being cancelled as of the date of receipt of the
letter or any other durable medium. You are no longer entitled to exercise
this cancellation right if you are aware of any loss that may bring the
contract cover into application.
In the event of cancellation, you will only be liable for payment of the part
of the premium or contribution for the period during which the risk was
covered, the said period ending on the cancellation date.
The entire premium or contribution will, however, be payable to the
insurance company if you exercise your cancellation right and a claimable
loss event occurs unbeknown to you during the cancellation period.
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Definitions
Uncertain event
or uncertainty
Common provisions to all cover packages
An unintentional, unforeseeable, unstoppable, and external event.
Subscribers
Persons duly insured under this contract, hereafter referred to as "you".
With regard to the applicability of legal provisions concerning the period of
limitation, one should refer to the “Subscriber” when the articles of the
French Insurance Code mention “Insured person” or “Insured party”.
Insurer/Assistance Provider
Allianz IARD, hereinafter referred to as “we” or “us”, whose registered office is located at:
Allianz IARD
1, cours Michelet
CS 30051
92076 Paris La Défense Cedex
Terror Attack / Acts of Terrorism
This means any act of violence constituting a criminal or illegal attack
against people and/or property in the country in which you are staying,
committed with the aim of seriously disturbing public order.
Such a “terror attack” should be identified as such by the French Foreign
Ministry.
Baggage: insured items
Baggage and its contents, including personal belongings and valuables,
belonging to the Subscriber, taken for the trip and/or acquired during the
trip.
Natural disasters
This means abnormal intensity of a natural element not arising from
human intervention.
Insurance Code
The French Insurance Code (Code des Assurances) is the collection of
legislative and regulatory texts that govern the insurance contract.
Forfeiture
Loss of right to Cover for the Loss/Claim in question.
Home or Domicile
The term “home” or “domicile” means your place of main and usual
residence.
DROM POM COM
“DROM POM COM territories” are what the DOM TOM territories (French
overseas possessions) are now called, since the Constitutional Reform of
17 March 2003 that changed the names and definitions of the DOM TOM
territories.
Transport Firm
The term "transport firm" means any company duly approved by the public
authorities for carrying passengers.
Epidemic
The rapid propagation of a contagious and infectious disease affecting a
large number of people in a given place at a given time and reaching a
minimum level 5 according to WHO criteria.
2
Europe
“Europe” means the countries in the European Union, Switzerland, Norway, or the Principality of Monaco.
Medical expenses
Pharmaceutical, surgical, consultation, and hospitalisation expenses that
are medically prescribed and necessary for diagnosing and treating an
illness.
France
“France” means the European territory of France (including the islands in
the Atlantic Ocean, the English Channel and the Mediterranean Sea), as
well as the DROM POM COM (as the “DOM TOM” - the French overseas
territories and possessions - have been renamed since the constitutional
reform of 17 March 2003).
Excess
Portion of the indemnity payable by you.
Insurance Claims Manager
TSA 20296
94368 Bry-sur-Marne Cedex
FRANCE
Assistance Claims Manager
Mutuaide
8-14 avenue des Frères Lumière
94368 Bry-sur-Marne Cedex
FRANCE
Strike
Concerted collective action consisting in the employees of a firm, an
economic sector or occupational category stopping work in order to give
weight to their demands.
Civil War
By “Civil War” is meant armed opposition between various parties
belonging to the same country, and any armed rebellion, revolution, revolt,
insurrection, or coup d'etat, and any application of martial law or border
closure ordered by the authorities of the country in question.
War with a Foreign Power
A "war with a foreign power" means declared or undeclared armed opposition between one State and another State, as well as any invasion or state of siege.
Hospitalisation
Stay of more than 48 consecutive hours in a public or private hospital or
clinic, for an emergency operation, i.e. for an unscheduled operation that
cannot be delayed.
Illness/Accident
A degradation in health established by a medical authority, requiring
medical treatment, and absolute interruption of any occupational or other
activity.
Member of the family
“Family member” means any person who can evidence they have a de
jure or de facto family tie (kinship) with the Subscriber.
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Personal belongings
camera, camcorder, PDA, portable games console, multimedia players,
laptop computer. Only personal objects whose purchase date is within
the last 3 years.
Precious objects
Jewellery, watches, furs.
Pollution
Environmental pollution by release into the air, water, or soil of substances
not naturally present in the medium in question.
(Claimable) Loss or Loss Event or Claim
Event liable to result in application of cover of the contract.
Policyholder
The natural or juristic person who takes out the insurance contract.
Subrogation
The legal situation whereby the rights of one person are transferred to
another person (in particular: the Insurer taking the place of the
Policyholder in order to bring proceedings against the opposing party).
Family Rate (4 people minimum, 9 people maximum)
The family rate is applicable to parents or common-law spouses
accompanied by at least one dependent child. In the parents' stead, the
cover is granted to grandparents accompanying their grandchildren. The
Family rate also applies to groups of friends travelling on the same date.
Third Party
Any person other than the Subscriber who is liable for the damage, injury or loss.
Any Subscriber who is a victim of bodily injury, property damage or
consequential loss caused by another Subscriber (the Subscribers are
considered to be third parties between themselves).
We
The insurer, Allianz IARD.
You
The subscriber.
WHAT IS THE GEOGRAPHICAL SCOPE OF THE CONTRACT? The cover and/or services subscribed for under this contract apply
throughout the entire world.
WHAT PERIOD DOES THE CONTRACT COVER?
The contract is valid for the same period of validity as the loyalty card. No
cover on any account for stays longer than 90 consecutive days. The guarantees take effect on the scheduled day of departure and expire
on the scheduled day of return.
WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO ALL OUR COVER PACKAGES We cannot intervene when your claims for cover or services are
consequential to damage, injury, or loss resulting from :
epidemics, natural disasters, and pollution; civil war or war with a foreign power, a riot or civil unrest, or a
strike; intentional participation of an insured person in riots or strikes; disintegration of atomic nuclei or any irradiation coming from
ionising radiation ; alcohol abuse, drunkenness, and use of drugs, narcotics, or
medicines that are not medically prescribed;
any intentional act that might lead to application of the cover of the contract, and any consequences of criminal proceedings that might be taken against you;
duels, bets, crimes, and brawls (except in cases of legitimate defence);
doing the following sports: bobsleigh, skeleton, competitive sledging, air sports except for parascending, and sports resulting from taking part in or training for official matches or competitions organised by a sports federation/association.
suicides and the consequences of attempted suicide; absence of uncertainty; insured goods and/or activities when the Insurer is prohibited
from providing an insurance contract or service due to a sanction, restriction or prohibition provided for by agreements, laws or regulations, including any decided by the United Nations Security Council, the Council of the European Union or by any other applicable national law;
insured goods and/or activities when they are subject to any sanction, restriction, partial or total embargo or prohibition provided for by agreements, laws or regulations, including any decided by the United Nations Security Council, the Council of the European Union or by any other applicable national law. It is understood that this provision only applies if the insurance contract, the insured goods and/or activities fall within the scope of the restrictive sanctions, total or partial embargo or prohibition.
HOW IS YOUR INDEMNITY CALCULATED? If the indemnity cannot be determined by private agreement, it is assessed
through a jointly-agreed damage assessment, subject to our respective
rights.
Each of us chooses a claims adjuster. If the claims adjusters cannot agree,
they refer the matter to a third claims adjuster, and all three of them
operate jointly and by majority vote.
Should one of us fail to appoint a claims adjuster or should the two claims
adjusters fail to agree on the choice of a third claims adjuster, the
appointment is made by the Presiding Judge of the Regional Court
(Tribunal de Grande Instance), ruling in summary proceedings. Each of the
contracting parties bears the cost of the fees of its appraiser, and, where
applicable, half the fees of the third appraiser.
WITHIN WHAT TIME LIMIT WILL YOU RECEIVE THE INDEMNITY? Payment will be made within 15 days of the agreement reached between
us, or as of the notification of the enforceable court decision.
WHAT PENALTIES APPLY IF YOU WILFULLY MAKE A FALSE STATEMENT AT THE TIME OF THE LOSS EVENT?
Any fraud, reticence, or intentional false statement you make about the
circumstances or the consequences of a loss event will disqualify your
entitlement to any benefit or indemnity for that loss.
5
OVERLAPPING INSURANCE POLICIES Pursuant to the provisions of Article L 121-4 of the French Insurance Code
(Code des Assurances), when more than one insurance policy is taken out
non-fraudulently for the same risk, each of them produces its effects within
the limits of the cover packages of the contract, and in accordance with the
provisions of Article L 121-1 of the French Insurance Code. In such a case,
the Subscriber should inform all of the insurers.
Within these limits, the Subscriber may use the insurer of its choice. When
more than one insurance policy is taken out wilfully or fraudulently, the
sanctions stipulated in the French Insurance Code apply (voidance of the
contract and damages).
WHAT ARE THE ARRANGEMENTS FOR EXAMINING CLAIMS? Should you encounter difficulties, you should firstly consult your usual
contact at: Axelliance Business Services - Immeuble les Topazes – 92,
cours Vitton - 69456 Lyon Cedex 06.
If you are not satisfied with the answer you are given, you should e-mail
[email protected] or write to Allianz Relation Clients - Case Courrier
S1803 - 1 cours Michelet - CS 30051 - 92076 Paris La Défense CEDEX.
What should you do if you are still not satisfied with the response you
have received once you have exhausted all the internal channels listed
above? You can appeal to the Insurance Mediator whose contact details
are as follows: http://www.mediation-assurance.org or LMA 50110 -
75441 Paris Cedex 09.
Taking this action will not prejudice any other legal avenues you may wish
to explore.
AUTHORITY IN CHARGE OF OVERSEEING THE INSURANCE COMPANY
L’Autorité de contrôle prudentiel et de résolution (ACPR) [the Prudential Oversight and Resolution Authority]
61, rue Taitbout
75436 PARIS CEDEX 09
SUBSCRIBER INFORMATION CONCERNING THE PROVISIONS OF THE COMMISSION NATIONALE DE L’INFORMATIQUE ET DES LIBERTES-CNIL (the French Data Protection Commission) You are hereby informed that the information we gather is processed for the
purposes of handling this application and the commercial relationship. Some
such processing may be performed by service providers in or outside
Europe. Unless you object, your data may also be used by your broker,
whose contact details appear in this document, for prospecting purposes for
the insurance products that your broker distributes. Pursuant to the French
data protection law (“loi informatique et libertés”) of 6 January 1978, as
amended by the law of 6 August 2004, you are entitled to access, amend,
rectify, delete, and object to the data concerning you by sending a written
request to your broker.
Under our risk control and anti-fraud policy, we reserve the right to check
all your information, and where appropriate, to refer the matter to the
competent authorities in accordance with current regulations.
6
CONSUMERS' RIGHT TO OBJECT TO TELEPHONE MARKETING
If you do not wish to be contacted for the purposes of telephone
marketing, you can have yourself added to a telephone marketing opt-out
list, free of charge.
These provisions apply to any consumer, i.e. any natural person acting for
purposes unrelated to their commercial, industrial, craft or self-employed
activities.
SUBROGATION Pursuant to the provisions of Article 121-12 of the French Insurance Code,
the Insurer is subrogated, up to the amount of compensation it pays out, to
the rights and actions of the Subscriber with respect to third parties liable
for the loss.
If the subrogation can no longer be operative in favour of the Insurer through
the fault of the Subscriber, the Insurer shall be discharged from its
obligations with regard to the Subscriber insofar as the subrogation could
have been exercised.
LIMITATION PERIOD APPLYING TO ACTIONS DERIVING FROM THE INSURANCE CONTRACT The provisions governing the period of limitation for bringing action
deriving from the insurance contract are laid down by Articles L 114-1 to L
114-3 of the French Insurance Code , as quoted below:
Article L 114-1 of the French Insurance Code:
Any action deriving from an insurance contract is barred by limitation two
years after the event giving rise to the claim.
However, this period of limitation applies:
1 In the event of reticence/concealment, omission, misrepresentation or
inaccurate declaration of the risk incurred, only from the date on which
the Insurer became aware of the said risk;
2 In the event of a claim, only from the date on which the interested parties
became aware of it, if they prove they were unaware of it prior to that
date.
When the action brought by the Insured Person against the Insurer is
caused by third-party recourse, the period of limitation starts only from the
date on which the third party takes legal action against the Insured Person
or has received compensation from the Insured Person. The period of
limitation is extended to 10 years in life assurance contracts when the
beneficiary is a person other than the Subscriber, and, in insurance
contracts for personal accidents, when the beneficiaries are the
successors in title of the deceased Insured Person.
For life assurance contracts, and notwithstanding the provisions of point 2
above, the beneficiary's right to bring action lapses at the latest 30 years
after the death of the Insured Person.
Article L 114-2 of the French Insurance Code:
The period of limitation may be interrupted by any of the ordinary causes for
interruption thereof, and by appointment of claims adjusters further to a loss
event. The period of limitation may also be interrupted by the Insurer sending
the Insured Person a registered letter with acknowledgement of receipt
demanding payment of the premium, or by the Insured Person sending one
to the Insurer demanding payment of compensation.
Article L 114-3 of the French Insurance Code:
Notwithstanding Article 2254 of the French Civil Code, the parties to the
insurance contract may not, even by common consent, either change the
length of the period of limitation or add causes for suspension or
interruption thereof.
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Additional information:
The ordinary causes for interruption of the period of limitation referred to
in Article L 114-2 of the French Insurance Code are stated in Articles
2240 to 2246 of the French Civil Code, as quoted below.
To consult any updates to the aforementioned provisions, please visit the
official website at www.legifrance.gouv.fr.
Article 2240 of the French Civil Code:
Recognition by the obligee of the right of the person against whom the obligee
could claim inaction within the time limit interrupts the period of limitation.
Article 2241 of the French Civil Code:
Instigating legal proceedings, even summary proceedings, interrupts the
limitation period (délai de prescription), i.e. the time limit for bringing claims
or actions in a particular matter, and also any period (délai de forclusion)
beyond which a particular right is forfeited if it is not exercised, e.g. the right
to appeal.
The same applies when the matter is brought before an incompetent
jurisdiction, or when the court referral procedure is cancelled on a
technicality.
Article 2242 of the French Civil Code:
Interruption resulting from instigating legal proceedings is effective until the
proceedings end.
Article 2243 of the French Civil Code:
The interruption is null and void if the petitioner withdraws the petition or
lets the proceedings lapse, or if the petition is definitively dismissed.
Article 2244 of the French Civil Code:
The period of limitation or the debarment period is also interrupted by
protective measures being taken pursuant to the Code des procédures
civiles d'exécution (French Code of Civil Enforcement Procedures), or by an
enforcement being ordered.
Article 2245 of the French Civil Code:
One of the jointly and severally liable obligors being summoned to appear
in court by a writ or enforcement order, or recognition by the obligor of the
right of the person against whom the obligor could claim inaction,
interrupts the period of limitation against all the others, even against their
heirs.
Conversely, if one of the heirs of a jointly and severally liable obligor is
summoned to appear in court or recognized, this does not interrupt the
period of limitation with regard to the other co-heirs, even for mortgaged
debt, if the obligation is divisible. Such summons or recognition interrupts
the period of limitation with regard to the other co-obligors only for the
share for which that heir is liable. In order to interrupt the period of
limitation for the entire obligation with regard to the other co-obligees, the
summons must be served to all the heirs of the deceased obligee, or all
the heirs must recognize this right.
Article 2246 of the French Civil Code:
Summons served to the main obligee, or the main obligee recognizing the
right in question, interrupts the period of limitation for bringing action against
the guarantor.
COURTS OF COMPETENT JURISDICTION – GOVERNING LAW The pre-contractual and contractual relations are governed by French law
and primarily by the French Insurance Code.
Any legal action relating to this contract shall be brought before French
courts which have exclusive jurisdiction. However, if you are domiciled in
the Principality of Monaco, the Monaco Courts shall have sole jurisdiction
for disputes you and us.
8
SANCTIONS IN THE EVENT OF FALSE DECLARATION Any intentional false statement, omission or inaccurate statement of the
circumstances of the risk incurs penalties provided for by the French
Insurance Code:
nullity of your contract in the event of intentional false statement (article
113-8 of the Insurance Code); if it cannot be established that the false statement - made prior to a
loss event - is intentional, the contribution (premium) is increased or the contract is cancelled (article L 113-9 of the Insurance Code);
If it cannot be established that the false statement - made after a loss
event - is intentional, your amount of compensation is reduced by the
difference between the sum actually paid and the sum that would have
been paid had the statement been true (article L 113-9 of the Insurance
Code).
LANGUAGE USED The French language shall be used in all pre-contractual and contractual
relations.
ANTI-MONEY-LAUNDERING The controls we are legally required to carry out in respect of anti-money
laundering and the financing of terrorism, inter alia regarding cross-border
capital transfers, may require us at any time to ask you for explanations or
supporting documents, even in connection with the purchase of the insured
goods. Pursuant to the French Data Protection Law (Loi Informatique et
Libertés) of 6 January 1978 as amended by the French Law of 6 August
2004, and pursuant to the French Monetary and Financial Code (Code
Monétaire et Financier), you are entitled to access your personal data by
sending a letter to the French Data Protection Commission (Commission
Nationale de l’Informatique et des Libertés (CNIL)).
WHAT LIMITATIONS APPLY IN CASES OF FORCE MAJEURE? We cannot be held liable for not providing insurance in cases of force
majeure or further to the following events: civil war or war with a
foreign power, well-known political instability, civil unrest, riots, acts of
terrorism, reprisals, restriction on free movement of people and of
goods, strikes, explosions, natural disasters, and disintegration of
atomic nuclei; nor for delays in performing services or benefits when
such delays result from the same causes.
9
→Civil Liability
Effective date Cover expires The date of purchase of the card The date of expiry of the card (1 year
renewable)
No cover on any account for stays longer than 90 consecutive days.
WHAT DO WE COVER? We cover the financial consequences of the civil liability you might incur,
firstly for bodily injury and/or property damage, and secondly for losses
consequential to such property damage or bodily injury, caused
accidentally to any person other than a Subscriber or member of your
family, through your own doing or the doing of people, property or animals
in your custody, up to the amount less any excess stated in the limit of
cover table.
WHAT WE EXCLUDE In addition to the exclusions listed in the section “WHAT ARE THE
GENERAL EXCLUSIONS APPLICABLE TO ALL OF OUR COVER
PACKAGES?”, our cover excludes:
damage, injury, or loss that you have wilfully caused;
damage, injury, or loss resulting from the use of motor vehicles, or of sail and motor boats, and of aircraft;
damage, injury, or loss resulting from any occupational activity;
the consequences of any property damage and/or bodily injury
affecting you personally and the members of your family or any
other person having the capacity of Subscriber hereto; consequential losses except when they are directly consequential to
covered accidental property damage and/or bodily injury; damage, injury or loss resulting from doing air sports or
hunting/shooting.
WHAT ARE OUR LIMITS OF COVER?
Settlement - admission of liability
You should not admit any liability, or any settlement without our
prior written approval.
However, mere acknowledgement of the materiality of certain events is not
deemed an admission of liability, neither is the mere fact of having procured
urgent first aid for a victim, when such an act is an act of assistance that any
person is morally bound to accomplish.
You must inform us within 5 business days, barring a case of force
majeure or absolute necessity, of any event that might incur your civil
liability; beyond this deadline and if, as a result, we suffer a loss, you
run the risk of forfeiting your cover.
Proceedings
In the event that legal action is brought against you, we handle your
defence and the trial for the facts/offences and damage, injury or loss
covered by this present contract.
10
However, you may be party to our action if you can justify that you have an interest in it that is not covered by this contract. The mere fact that we can handle your defence by way of a protective measure shall not be construed per se as an acknowledgement that our cover applies, and in no way implies that we agree to bear the costs of harmful consequences of events not expressly covered by this contract.
Even if you default on your post-claim obligations, we are bound to pay
compensation to the people with respect to whom you are liable.
Nevertheless, in such a case, we reserve the right to bring action
against you to obtain reimbursement of any sums we may have paid or
set aside in your stead.
Recourse
As regards channels for recourse:
before civil, commercial, or administrative jurisdictions, we are free to
exercise recourse within the ambit of the cover of the present contract;
before criminal jurisdictions, recourse may be exercised only with your
consent;
if the dispute before a criminal jurisdiction no longer concerns anything
other than civil interests, your refusal to consent to remedy at law
entitles us to demand payment from you of an amount of compensation
commensurate with our resulting loss.
Lawsuit costs
We bear the lawsuit costs, discharge costs and other settlement costs.
However, if you are ordered to pay more than the amount of the
cover, each of us shall bear those costs in proportion to our
respective share of the amount ordered by the court.
Send your claim notification to:
TSA 20296
94368 Bry-sur-Marne Cedex
FRANCE
or
→Repatriation Assistance
Effective date Cover expires
The date of purchase of the card The date of expiry of the card (1 year renewable)
No cover on any account for stays longer than 90 consecutive days.
If you find yourself in any of the aforementioned situations, and pursuant
to the General and Supplementary Provisions of your contract, we provide
the described services on receiving a telephone call (reverse charge call
accepted from abroad), e-mail, fax or telegram.
11
In any event, the decision to provide assistance and the choice of the
appropriate means falls exclusively to our doctor, after that doctor has
contacted the local doctor, and, possibly, the family of the beneficiary. Only
the medical interest of the beneficiary and compliance with the applicable
health regulations are taken into consideration when making the decision
to transport, choosing the means of such transportation, and choosing the
place of any hospitalization.
Under no circumstances do we act in place of the local emergency
services.
WHAT DO WE COVER?
Repatriation or medical transport
If you fall ill or are injured and your state of health requires you to be
transferred, we organize and bear the cost of repatriating you to your
home or to the hospital closest to your home that is best suited to your
state of health.
Depending on the seriousness of the case, the repatriation or the transport
takes place under medical supervision, if necessary, by the most
appropriate of the following means:
special medical aircraft;
regular airliner, train, sleeper train, boat, ambulance.
Accompaniment during the repatriation or medical transport
If you are transported under the above conditions, we organize and bear
the additional costs of transporting members of your family who are
insured or a person who is insured under this contract and who is/are
accompanying you, if the tickets purchased for their return trip cannot be
used due to you being repatriated.
Presence in the event of hospitalization
If you are hospitalized and your state of health prevents you from being
repatriated for 7 days, we organize and bear the costs of transporting a
member of your family or a designated person who was not travelling with
you and is in your country of residence in order for them to visit you.
Extended hotel stay
If your state of health does not justify hospitalization or medical transport,
and if you cannot make the homeward journey on the initially scheduled
date, we bear your additional hotel stay costs and those of the members of
your family who are insured or of a person who is insured under this contract
and who is/are accompanying you, up to the amount stated in the schedule
of cover.
As soon as your state of health permits, we organise and bear the
additional costs of transporting you and, where applicable, the members of
your family who are insured parties or a person who is an insured person
and who has/have remained with you, if the tickets purchased for your and
their return cannot be used due to that event.
Supplementary reimbursement of medical, surgical, pharmaceutical, and
hospitalization expenses abroad and in France
After reimbursement by Social Security or by any other welfare or health
insurance body, we reimburse the expenses that remain to be borne by
you up to the amount indicated in the table of sums insured.
In the event that Social Security does not reimburse any part of those
expenses, we cover you from the first euro up to the amount indicated in
the table of sums insured.
12
We also, under the same conditions, bear the costs of minor dental
treatment up to the amount stated in the schedule of cover.
An excess indicated in the schedule of cover is deducted per event and
per subscriber (except for dental treatment).
Payment of search & rescue or first aid expenses (even in the mountains: helicopter costs, first aid on ski runs)
We bear the costs of sea or mountain search and rescue following an
event endangering your life, up to the amount stated in the limit of cover
table.
Only the expenses invoiced by a company duly approved for such
activities may be reimbursed.
You need legal aid abroad on in France
Payment of fees
Up to the amount stated in the schedule of cover, we bear the cost of the
fees of legal representatives whose services you use, if proceedings are
being taken against you for unintentionally breaching the legislation of the
foreign country in which you find yourself.
Replacement driver
If your state of health prevents you from driving your vehicle home, we
provide a replacement driver for a maximum of 3 days to drive your
vehicle home by the most direct route (you bear the cost of fuel, toll
charges, parking and meals).
Transportation of the body in the event of death
We organize and bear the cost of transporting the body from the place
where it is placed in the coffin, in Metropolitan France or abroad, to the
place of burial in Europe.
We also bear the costs of the ancillary expenses necessary for the
transport, including the cost of the coffin, and enabling the transport to
take place, up to the amount indicated in the table of sums insured.
The costs of the ceremony, ancillaries, burial, or cremation in Europe are
payable by the families.
WHAT ARE THE EXCLUSIONS SPECIFIC TO PERSONAL ASSISTANCE? Under no circumstances may we act in place of the local emergency
services.
In addition to the exclusions appearing in the section “WHAT ARE
THE GENERAL EXCLUSIONS APPLICABLE TO ALL OF OUR
COVER PACKAGES?”, we do not cover:
• convalescence and ailments (illness or accidents) that are being
treated and that are not consolidated on the date of travel;
• pre-existing illnesses diagnosed and/or treated and that have
required hospitalization within the six months prior to the
request for assistance;
• trips for diagnosis and/or treatment purposes;
• pregnancies except when unforeseeable complications occur,
and in any event pregnancies as from the 32nd week of
pregnancy;
• conditions resulting from absorption of alcohol, use drugs,
narcotics and similar products not medically prescribed;
• the consequences of attempted suicide;
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• for the cover for medical, surgical, pharmaceutical, and
hospitalization expenses abroad:
– costs further to an accident or medically corroborated illness
before the cover takes effect, unless an established and
unforeseeable complication occurs,
– the costs of treating a medically corroborated pathological,
physiological, or physical condition before the cover takes
effect, unless an established and unforeseeable complication
occurs,
– the costs of internal, optical, dental, hearing, functional,
aesthetic or other prostheses or aids,
– spa and rest home expenses, and physiotherapy expenses,
– expenses incurred without our prior approval;
– the consequences of knowingly breaching the regulations of
the countries visited, or of engaging in activities prohibited
by the authorities of those countries.
WHAT ARE YOUR OBLIGATIONS IN THE EVENT OF A CLAIMABLE LOSS? For any request for assistance, you should contact us, 24 hours a day and seven days a week:
• By telephone
from France: or 33 1 55 98 57 49
from abroad: +33 (0)1 55 98 57 49
preceded by the local international call prefix
• By Fax
from France: 01 45 16 63 92 or 01 45 16 63 94
from abroad: +33 (0)1 45 16 63 92 or +33 (0)1 45 16 63
94 preceded by the local international call prefix
• By e-mail: [email protected] or [email protected]
and obtain our prior approval for any expenses, including medical
expenses.
For any request for a refund, send us the duly filled-in claim form along
with the documents supporting your refund claim.
When we have organized your transport or your repatriation, you should
hand over to us the initial tickets, since those tickets then become our
property.
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→Cost of interruption
Effective date Cover expires
The date of purchase of the card The date of expiry of the card (1 year renewable)
No cover on any account for stays longer than 90 consecutive days.
WHAT DO WE COVER? Following your repatriation organized by us or by any other assistance
company or further to an accident occurring during your stay (you and your
insured accompanying persons) preventing you from engaging in sporting
activities, we will refund you and the members of your family or anyone
insured under this contract who is accompanying you, for lessons or ski lift
passes already paid for and not used on a time-apportioned basis, from the
night after the event entailing your repatriation.
WHAT WE EXCLUDE In addition to the exclusions provided for in the General
Provisions, interruptions consequential to the following are not
covered:
• cosmetic treatment, cure, voluntary termination of pregnancy, in
vitro fertilization and its consequences;
• a depressive, mental, or psychological illness without
hospitalization or hospitalization for less than 3 days;
• epidemics.
WHAT ARE YOUR OBLIGATIONS IN THE EVENT OF A CLAIMABLE LOSS? You must send the Insurer all the documents needed to complete the claim and thereby evidence the validity and amount of the claim.
In any event, you will always be asked to provide the original copy of the
organizer's itemized invoices showing the land-based and transport
services.
If the medical details necessary for the claim to be examined are not
disclosed to our medical examiner, the claim cannot be processed and
settled.
Send your claim notification to:
TSA 20296
94368 Bry-sur-Marne Cedex
FRANCE
15
→Destruction or loss of sports
equipment
Effective date Cover expires
The date of purchase of the card The date of expiry of the card (1 year renewable)
No cover on any account for stays longer than 90 consecutive days.
WHAT DO WE COVER? • In the event of accidental property damage (further to an accident) to
the insured sports equipment: payment for repairs to or replacement of
the said insured equipment if it is not repairable or economically
irreparable, up to the amount stated in the limit of cover table.
• In the event of loss (further to an accident) of the insured sports
equipment: payment for replacement of the said insured equipment, up
to the amount stated in the limit of cover table.
The cover is limited to one claim per item of insured sports equipment and
per period of insurance.
WHAT ARE THE LIMITATIONS ON OUR COVER? If you are using a private car, the risk of theft is covered, provided the
baggage and personal belongings are kept in the boot of the locked vehicle
and are out of sight. Only burglary is covered.
If the vehicle is parked on a public street or road, the cover applies only
from 7 a.m. to 10 p.m.
WHAT WE EXCLUDE In addition to the exclusions listed in the section “WHAT ARE THE
GENERAL EXCLUSIONS APPLICABLE TO ALL OF OUR COVER
PACKAGES?”, we cannot intervene under the following
circumstances:
• theft of baggage, personal effects and belongings left
unsupervised in a public place or stored in an area made
available for shared use by various people;
• theft of any instrument for reproducing sound and/or image and
the accessories of such instruments when they are not placed in
a locked safe, and while they are not being carried, which
implies de facto that such instruments are not covered while
they are entrusted to any transport company whatsoever (air,
sea, rail, road, etc.);
• leaving an item behind, loss (except by a transport company) or
exchange thereof;
• theft without breaking and entering, duly established and
reported by an official (police, gendarmerie, transport company,
ship's purser, etc.);
• accidental damage due to leaks of liquids, greasy substances,
dyes or corrosive substances in your baggage;
• confiscation of property by the Authorities (customs, police);
16
• damage, injury or loss caused by mites and/or rodents, and by
cigarette burns or by a non-incandescent heat source;
• theft of items kept in a convertible, estate car or other vehicle
not having a boot;
• sales representatives’ collections and samples;
• cash, documents, books, tickets and credit cards stolen, left
behind or damaged;
• identity papers (passport, identity card or residence permit,
vehicle registration document and driver's licence) stolen, left
behind or damaged;
• theft of jewellery when it is not kept in a locked safe while not
being worn, which implies de facto that such jewellery is not
covered while it is entrusted to any transport company
whatsoever (air, sea, rail, road, etc.);
• breakage of fragile items such as items made of porcelain,
glass, ivory, pottery, or marble;
• indirect loss such as depreciation and deprivation of use or
enjoyment;
• the following items: any prosthesis or apparatus of any kind,
bicycles, trailers, securities, paintings, spectacles, contact lenses,
keys of any kind, tape or film recordings and any professional
equipment, laptop computers, mobile phones, items of sports
equipment, musical instruments, foodstuffs, lighters, pens,
cigarettes, alcoholic drinks, works of art, beauty products and
photographic films.
WHAT AMOUNT OF COMPENSATION DO WE PAY? The amount indicated in the table of the amounts of cover constitutes the
maximum reimbursement for any claimable losses occurring during the
period of cover.
An excess per claim file is indicated in the table of the amounts of cover.
HOW IS YOUR COMPENSATION CALCULATED? You receive compensation on documentary evidence and on the basis of
the new value for replacement with equivalent objects of the same type,
minus depreciation.
Under no circumstances does the co-insurance clause as provided for in
Article L.121-5 of the French Insurance Code apply.
Our reimbursement is made minus any reimbursement obtained from
the transport firm and minus the excess.
WHAT ARE YOUR OBLIGATIONS IN THE EVENT OF A CLAIMABLE LOSS? Your claim notification should reach us within 5 business days, barring a case of force majeure or absolute necessity; beyond this deadline and if, as a result, we suffer a loss, you lose any right to compensation.
Your declaration of loss should be accompanied by the following items:
• The receipt for the complaint for theft or for the declaration of theft made
to a competent authority (police, gendarmerie, transport firm, purser,
etc.) when the claimable loss results from a theft during the trip or from
loss by a transport company;
• Missing baggage report filed and duly registered by the carrier (sea, air,
rail, road) when your baggage or items have been mislaid, damaged or
stolen during the period in which they were legally in the custody of the
carrier.
17
If the above documents are not produced, you run the risk of forfeiting your
rights to compensation.
The insured sums cannot be construed as proof of the values of the items
for which you are claiming compensation, or as proof of the existence of
said items.
You are required to evidence, by any means in your power and by any
document in your possession, the existence and the values of such items
at the time of the loss event, and the scale of the damage or loss.
If you knowingly use documents that are inaccurate as evidence, or use
fraudulent means, or make inaccurate or reticent declarations, you shall
forfeit any right to compensation, without prejudice to legal proceedings we
would then be entitled to take against you.
Send your claim notification to:
TSA 20296
94368 Bry-sur-Marne Cedex
FRANCE
or
WHAT HAPPENS IF YOU RECOVER ALL OR SOME OF YOUR BAGGAGE, ITEMS OR PERSONAL BELONGINGS? You should so inform us immediately by registered letter, as soon as you
are informed of such recovery:
• if we have not yet paid you compensation, you should retake
possession of the said baggage, items or personal belongings; we are
then legally bound to pay only for any damage or missing items;
• if we have already paid you compensation, you may within 15 days opt:
– either to relinquish the said baggage, items or personal belongings to
us,
– or to recover the said baggage, items or personal effects, subject to
repaying the compensation you have received less any portion
thereof that corresponds to damaged or missing items.
If you have not made your choice within a time limit of 15 days, we shall
consider that you have opted for abandonment.
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→Individual accident
Taking of effect Cover expires
The date of purchase of the card The date of expiry of the card (1 year renewable)
No cover on any account for stays longer than 90 consecutive days.
WHAT DO WE GUARANTEE? We guarantee payment of the amounts of compensation stated in the limit
of cover table in the event of accidental bodily injury suffered by you during
your trip.
What is an accident?
Any bodily harm that is unintended by you and that results from the sudden
and unexpected action of an external cause.
WHAT AMOUNT OF COMPENSATION DO WE PAY? We pay the amount stated in the limit of cover table in the following cases:
• in the event of accidental death occurring immediately or if the death
consequent upon the accident occurs within one year from the accident,
the capital is payable to the beneficiaries whom you have designated, or
failing that, to your assignees;
• in the event of permanent disability, you will receive a capital sum
calculated by applying to the capital stated in the limit of cover table the
disability rate determined on the basis of the scale that will be supplied
to you on request.
WHAT IS THE AGE LIMIT? Only people aged over 16 and under 70 qualify for “Individual Accident”
cover.
Disability scale
Right (1)
Left (1) • Total loss:
- of the arm 75 % 60 % - of the forearm or hand 65 % 55 % - of the thumb 20 % 18 % - of the forefinger 16 % 14 % - of the middle finger 12 % 10 % - of the ring finger 10 % 8 % - of the little finger 8 % 6 % - of the thigh 60 %
- of the leg 50 % - of both limbs 100 % - of the foot 40 % - of the big toe 5 % - of the other toes 3 % - of both eyes 100 % - of visual acuity or one eye 30 %
• Total deafness, incurable and untreatable with hearing aid
40 %
• Total deafness, incurable and one ear untreatable with hearing aid
15 %
• Total or incurable mental derangement
100 %
(1) if it is medically established that you are left-handed, the disability rate for the right upper
limb shall apply to the left upper limb and vice versa.
19
The disability rates not listed in the scale are determined by comparing
their seriousness to the cases listed above, irrespective of the victim's
occupation.
The term “loss” means total amputation or total paralysis of the limb in
question, or final and permanent ankylosis of all of the joints in the limb.
WHAT WE EXCLUDE In addition to the exclusions listed in the section “WHAT ARE THE
GENERAL EXCLUSIONS APPLICABLE TO ALL OF OUR COVER
PACKAGES?”; we cannot provide cover under the following
circumstances:
• accidents caused by blindness, paralysis, mental illnesses, as
well as any diseases or infirmities existing at the time of
subscription to the contract;
• accidents caused by using a motorcycle with a cubic capacity of
over 125 cc either as rider or as pillion passenger;
• accidents resulting from any occupational activity;
• accidents resulting from practising certain sports, including
rock-climbing, competitive sledging, scuba diving with
autonomous equipment, parachuting and all air sports including
kite flying or any similar machine, potholing, as well as
accidents when training for or participating in sports
competitions;
• accidents caused by a transport firm not approved for public
transport;
• accidents resulting from exercises carried out under military
authority.
HOW IS THE COMPENSATION CALCULATED? The amount of the compensation may be set only after consolidation, i.e. after the date from which the after-effects of the accident have stabilized. Compensatable permanent disability after an accident that has affected a limb or an organ already injured is equal to the difference between the disability rate determined on the basis of the above scale and the disability rate existing prior to the accident.
If the accident gives rise to more than one injury, the overall disability rate
used to calculate the amount we pay is calculated by applying to the
aforesaid rate the method used to determine the disability rate for an
occupational accident.
In all cases, application of the disability scale assumes that the
consequences of the accident are not aggravated by the action of an
earlier illness or infirmity and that the victim has undergone appropriate
medical treatment after the accident. Otherwise, the disability rate
applied for compensation is determined by considering the
consequences that the accident would have had on a person previously
in a normal physical state who has undergone appropriate medical
treatment following the accident.
WHAT ARE YOUR OBLIGATIONS IN THE EVENT OF A CLAIMABLE LOSS? Your claim notification should reach us within 5 business days, barring a case of force majeure or absolute necessity; beyond this deadline and if, as a result, we suffer a loss, you lose any right to compensation.
20
Your declaration of loss should be accompanied by at least the
following items:
• the initial doctor’s certificate establishing the injuries,
• any statements by witnesses to the accident,
• the report or statement establishing the exact circumstances of occurrence of the accident.
During your treatment, you should allow our medical examiner to
examine you in order to assess the consequences of the accident.
You undertake to undergo the medical examinations he decides to
carry out and to give us all the necessary information for examining
your claim.
If you so desire, you may be accompanied by a doctor of your choice.
In the event of disagreement on the causes either of the death or of the
injuries, or on the compensatable consequences of the accident, we shall
refer the matter to two claims adjusters, one chosen by you or by your
assignees, the other chosen by us, with our respective rights being reserved.
Should their opinions diverge, a third claims adjuster shall be appointed,
either by mutual agreement, or by the Presiding Judge of the Regional Court
(Tribunal de Grande Instance) of your place of residence, ruling in summary
proceedings.
Each of us bears the fees and expenses of their claims adjuster. The
fees of the third appraiser shall be borne equally by both parties.
You should send us your claim notification to:
TSA 20296
94368 Bry-sur-Marne Cedex
FRANCE
21
Intermediate code: 36135 Contract no. 78 912 712
SNOWLEADER
Claim notification
Subscriber's surname:
Subscriber's forename:
Address:
Postcode: City:
Country:
Telephone: or
Trip from to
Destination:
Date of the loss: Price of the trip:
Declares*: INTERRUPTION
CIVIL LIABILITY
DESTRUCTION OR LOSS OF SPORTS
EQUIPMENT
INDIVIDUAL ACCIDENT
In on Signature:
* Tick the box(es) matching the nature of the risk.
Send your claim notification to:
TSA 20296 94368 Bry-sur-Marne
FRANCE
You may also declare your loss:
→ by calling 01 45 16 63 82
→ or by e-mail to the following address:
In any event, if your claim concerns Repatriation Assistance cover, you should contact the emergency services and then our assistance call centre, open 24 hours a day and
seven days a week, on:
from France: 01 55 98 57 49.
from abroad: +33 (0)1 55 98 57 49.
Allianz
wishes you
a good
journey
1
CO
M19
904
– V
01
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If you need ASSISTANCE
Contact the Assistance Call Centre
24/24 - 7/7
→ BY TELEPHONE
• from France: or 33 1 55 98 57 49
• from abroad: +33 (0)1 55 98 57 49
preceded by the local
international call prefix
By fax • from France: or 33 1 45 16 63 92
or 33 1 45 16 63 94
• from abroad: +33 (0)1 45 16 63 92
or +33 (0)1 45 16 63 94
preceded by the local
international call prefix
By e-mail [email protected]
For any loss concerning the
INSURANCE (trip
interruption claims, etc.), you
should:
Inform MUTUAIDE
in writing at the latest within 5 days, by using the claim notification form
provided in this booklet, or send an e-mail to:
TSA 20296
94368 Bry-sur-Marne Cedex
FRANCE
Immeuble Cœur Défense 82, Esplanade du Général de Gaulle 92400 Courbevoie Tel. 01 44 86 20 00 Service des relations avec les consommateurs (Customer Relations Department) [email protected]
Allianz IARD Company governed by the French Insurance Code Limited liability company with capital of 991,967,200 euros 1 cours Michelet CS 3005192076 Paris La Défense Cedex 542 110 91 Nanterre Trade and Companies Register