TERMS OF SALES
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the General Terms and Conditions of Cancellation Insurance and the Information Notices of the Assurlodge contract
ASSURLODGE Contract 102 92 73
REF: 20- ASL- pack L1
Group insurance contract with optional individual subscriptions taken out through
Gritchen Affinity, broker manager – Simplified joint-stock company with share capital of 10,000 euros, registered with the Bourges Trade and Companies Register under number 529 150 542, whose head office is located at 27 rue Charles Durand - 18000 Bourges - N ° VAT: FR78529150542 - Insurance brokerage company without obligation of exclusivity (list of partner insurance companies available on request) subject to the control of the ACPR, Prudential Control and Resolution Authority, 4 place de Budapest - CS 92459 - 75436 Paris Cedex 09 and registered with ORIAS in the Insurance Broker category under number 11061317 (www.orias.fr) - Professional Civil Liability and Financial Guarantee in accordance with Articles L 512-6 and L 512- 7 of the Insurance Code - Subsidiary of GROUPE GRITCHEN ASSURANCES HOLDING, a simplified joint-stock company with capital of 2,312,218.80 euros, registered with the Paris Trade and Companies Register under number 799 3 20 726, whose registered office is located at 21 avenue de Messine 75008 Paris.
With Aréas Dommages, a mutual insurance company with fixed contributions registered with the Paris Trade and Companies Register under number 775 670 466, whose registered office is located at 47-49 rue de Miromesnil 75380 Paris (hereinafter referred to as "the Company")
CONTRACT DOCUMENTS
This insurance contract is governed by: The Insurance Code
These General Conditions
The guarantee certificate issued by your rental agency which takes the place of special conditions.
1. CANCELLATION COVER
Section 1.1 /NATURE AND SCOPE OF THE GUARANTEE
We guarantee the reimbursement of the cancellation costs invoiced by the organizer of the stay in application of its General Conditions of Sale when this cancellation, notified in writing BEFORE THE DATE OF ARRIVAL at the place of stay, is consecutive to the occurrence, after taking out insurance for one of the following events:
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Serious illness, serious bodily accident or death, including relapse, aggravation of a chronic or pre-existing illness, as well as the consequences, consequences of an accident that occurred prior to the subscription of the contract for yourself, your spouse or notorious cohabitant, your ascendants or descendants up to the 2nd degree, fathers-in-law, mothers-in-law, sisters, brothers, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, your legal guardian or a person usually living under your roof, of the person who accompanies you during your stay named and insured under this contract.
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Death of your uncle, your aunt, your nephews and nieces.
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Serious damage from fire, explosion, water damage or damage caused by the forces of nature to your professional or private premises and imperatively requiring your presence to take the necessary precautionary measures.
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Serious illness, serious bodily accident or death including relapse, aggravation of a chronic or pre-existing illness, as well as the consequences, the after-effects of an accident which occurred prior to the subscription of the contract of your professional replacement named by name at the time of the subscription, of the person responsible during your stay for the care of your minor children, or of a disabled person of whom you are the legal guardian living under the same roof as you, whether you are the legal guardian.
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Complications due to the state of pregnancy of one of the people taking part in the stay and insured under this contract.
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Contraindication and following vaccination of one of the people taking part in the stay and insured under this contract.
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Economic dismissal or conventional termination of yourself or your spouse or notorious partner insured by this same contract on the condition that the procedure was not initiated prior to the subscription of the contract.
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Summons before a court, only in the following cases: Juror or witness of Assizes, Appointment as an expert, provided that you are summoned on a date coinciding with the period of travel.
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Summons with a view to adopting a child provided that you are summoned on a date coinciding with the travel period.
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Summons to a resit exam following an unknown failure at the time of booking or taking out the contract (higher education only), provided that said exam takes place during the trip.
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Convocation for an organ transplant of yourself, your spouse or common-law partner or one of your ascendants or descendants in the 1st degree.
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Serious damage from fire, explosion, water damage or damage caused by the forces of nature to your professional or private premises and imperatively requiring your presence to take the necessary precautionary measures.
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Theft on professional or private premises provided that the importance of this theft requires your presence and that the theft occurs within 48 hours prior to departure.
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Serious damage to your vehiclewithin 48 working hours preceding the 1st day of stayand insofar as it cannot be used to get to the place of stay.
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Impediment to getting to the place of stay by road, rail, plane, sea, on the day of the start of the stay due to
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roadblocks decreed by the State or a local authority,
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traffic accident during the journey necessary to get to your planned holiday destination and whose damage results in the immobilization of your vehicle, justified by the expert's report.
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Obtaining salaried employment for a period ofmore than 6 monthstaking effect before and during the planned dates of the stay, while you were registered as a jobseeker with Pôle Emploi on the day of registration for your stay and provided that it is not a case of extension or renewal of contract, nor of a mission provided by a temporary work company.Deductible of 25% of the amount of the claim with a minimum of 70 euros per case.
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Your separation (marriage or PACS): In the event of divorce or separation (PACS), provided that the procedure has been brought before the courts after the booking of the trip and on presentation of an official document.Deductible of 25% of the amount of the claim with a minimum of 70 euros per file.
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Theft (supporting filing of a complaint with the police) of your identity card, driving license or passport within 5 working days prior to your departure preventing you from complying with the formalities for passing through the competent authorities.Deductible of 25% of the amount of the claim with a minimum of 70 euros per case.
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Cancellation or modification of the dates of your paid holidays or those of your spouse or common-law partner imposed by your employerfor legitimate reason or exceptional circumstances and officially granted by the latter in writing before registration for the stay, this document from the employer will be required.This guarantee does not apply to entrepreneurs, liberal professions, craftsmen and entertainers. This guarantee also does not apply in the event of a change of employment. Deductible of 25% of the amount of the claim with a minimum of 70 euros per file.
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Professional transfer requiring a moveimposed by your hierarchy, not having been the subject of a request on your part and provided that the transfer was not known at the time of the subscription of the Contract. This guarantee is granted to salaried employees, excluding members of a liberal profession, managers, legal company representatives, self-employed workers, craftsmen and intermittent performers.A deductible of 25% remains your responsibility.
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Refusal of visa by the authorities of the country provided that no application has been previously refused by these authorities for this same country. Proof from the embassy will be required.
Theme Travel Extension:
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Compensation for thematic services in the event of departure of the insured. In the event of illness or accident of the insured, certified by a doctor of medicine, preventing the practice of the activity for which he had registered and being the main object of the themed trip The Company will compensate the insured for the amount of themed services with a maximum of 50% of the total amount of the trip if the insured decides to make the trip. The services must be detailed on an invoice provided by the organizer of the trip;
Extension Change Fee:
In the event of modification of the dates of your stay following a reason listed above, we will reimburse you for the costs incurred by the postponement of the dates of the guaranteed stay provided for contractually in the conditions of sale. In all cases, the amount of this indemnity may not be greater than the amount of the cancellation costs payable on the date of the occurrence of the event at the origin of the modification.
Non-cumulative cancellation and modification guarantees
In rentals, the cancellation guarantee is granted on the condition that the rental is fully vacated.
Article 1.2 /WARRANTY EFFECTIVENESS AND DURATION OF WARRANTY
Provided that the insured has paid the corresponding premium in advance, the cover takes effect upon purchase or reservation of the stay and expires at the time of arrival at the location of the stay (date appearing in the Special Conditions), or at the return of keys in the event of rental for the trip covered by this policy.
However, for all subscriptions after the date of purchase and within the limit of 48 hours after the reservation of the trip, a waiting period of 4 days during which no guarantee can take effect, will be applicable from the date of subscription. of the contract and the guarantee will not take effect until the end of this period.
Article 1.3 /LIMITATION OF WARRANTY
The indemnity due under this cover cannot exceed the actual amount of the penalties invoiced up to the amounts set out in the table of cover amounts following the cancellation of the stay. - In all cases, the indemnity may not exceed the amounts set out in the table of guarantees. Administrative fees, insurance premium, taxes including airport taxes (reimbursed by the carrier or any collecting body) and visa fees are non-refundable.
PLEASE NOTE: If the insured cancels the trip late, the Company can only cover the cancellation costs payable on the date of the occurrence of the event giving rise to the loss.
If the subscription of the guarantee is after the appearance of the reason for cancellation of the trip and sa
knowledge by the insured, it will not give rise to the right to cover.
Section 1.4 / EXCLUSIONS
All cancellations for reasons other than the events listed in article 1 "nature and extent of the guarantee" are excluded from this guarantee. Similarly, in addition to the exclusions provided for in the General Provisions below, consecutive cancellations are not guaranteed:
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Illnesses or accidents having been the subject of a first observation, treatment, relapse, aggravation or hospitalization between the date of reservation of the trip and the date of subscription of this contract;
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Has an unstabilized pathology that has been the subject of a finding or treatment in the 30 days preceding the reservation of the stay;
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Any event occurring between the date of reservation of the trip and the subscription of the contract;
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Upon the death of a parent when this occurs more than one month before the departure date;
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Has atypical pneumonia or severe acute respiratory syndrome (SARS), avian flu or A-H1N1 flu as well as any pandemic or epidemic recognized by national or international health organizations;
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Aesthetic treatment, cure, voluntary termination of pregnancy, in vitro fertilization and its consequences, artificial insemination and its consequences, pregnancy;
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Late application for a visa to the competent authorities, refusal of a visa, non-compliance of a passport and forgetting to vaccinate;
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Has a psychological or mental or depressive illness without hospitalization or leading to hospitalization for less than 3 days.
2. STAY INTERRUPTION COSTS
Article 2.1 / NATURE AND SCOPE OF THE GUARANTEE
If you have to interrupt the stay guaranteed by this contract, we undertake to reimburse the rental services not used as well as any cleaning costs for the rental, for which you cannot require the service provider to reimburse, replace or compensate in the case where you are obliged to leave and return the location rented to the hotelier following:
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Serious illness, serious accident or death of yourself, your spouse or notorious partner, your ascendants or descendants up to the 2nd degree, fathers-in-law, mothers-in-law, sisters, brothers, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, your legal guardian or a person usually living under your roof, the person who accompanies you during your stay - named and insured under this contract.
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Serious illness, serious accident or death of your professional substitute named at the time of subscription, of the person responsible during your stay for the care of your - minor children, or of a disabled person for whom you are the legal guardian living under the same roof as you, whether you are the legal guardian.
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Serious damage from fire, explosion, water damage or damage caused by the forces of nature to your professional or private premises and imperatively requiring your presence to take the necessary protective measures.
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Theft in professional or private premises provided that the importance of this theft requires your presence.
In rental, the interruption guarantee is granted on the condition that the rental is completely released.
EXTENSION :
We reimburse the insured pro rata temporis for the costs of non-refundable sports activity passes (ski lift pass, - ski lessons, rental of sports equipment, etc.) already paid for and not used when the insured must interrupt the practice of this activity only in the event of an Accident prohibiting the practice of this sport, less a one-day Excess.
Article 2.2 /FRANCHISE
In all cases, the Company will indemnify the insured after deducting a deductible, the amount of which is specified in the table of guarantees.
Article 2.3 /LIMITATION OF WARRANTY
In all cases, the indemnity may not exceed the amounts set out in the table of amounts of cover.
Article 2.4 / EXCLUSIONS
All interruptions for reasons other than for the events listed in article 1 "Nature and extent of the guarantee" are excluded from this guarantee. Similarly, in addition to the general exclusions provided for in the General Provisions below, consecutive interruptions are not guaranteed:
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Illnesses or accidents having been the subject of a first observation, treatment, relapse, aggravation or hospitalization between the date of reservation of the trip and the date of subscription of this contract;
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Has an unstabilized pathology that has been the subject of a finding or treatment in the 30 days preceding the reservation of the stay;
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Any event occurring between the date of reservation of the trip and the subscription of the contract;
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Upon the death of a parent when this occurs more than one month before the departure date;
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Has atypical pneumonia or severe acute respiratory syndrome (SARS, COVID), avian flu or A-H1N1 flu as well as any pandemic or epidemic recognized by national or international health organizations;
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Aesthetic treatment, cure, voluntary termination of pregnancy, in vitro fertilization and its consequences, artificial insemination and its consequences, pregnancy;
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Has a psychological or mental or depressive illness without hospitalization or leading to hospitalization for less than 2 days.
3. CURIST EXTENSION
Article 3.1 /NATURE AND SCOPE OF THE WARRANTY
By way of derogation from the contract, the cancellation and interruption guarantees are granted to the reserving guests under this option.
Nothing is changed to the other clauses, warranties and exclusions of the contract.
EXTENDED WARRANTY :
Cancellation or interruption of the stay in the event of illness or accident of the insured confirmed by a medical doctor until the first day of the cure preventing the practice of this last main theme of his stay for which he had registered.
4. IN CASE OF CLAIM
WHAT ARE YOUR OBLIGATIONS IN THE EVENT OF A CLAIM?
When the Insurance guarantees are at stake, the insured must imperatively:
Notify Gritchen Affinity in writing of any loss likely to involve the guarantees of the contract within five working days (period reduced to two working days in the event of theft).
These periods run from the knowledge by the insured of the loss likely to lead to the implementation of the guarantee.
After this period, the insured will be deprived of any right to compensation if the delay has caused damage to the Company.
CANCELLATION INTERRUPTION
Your declaration must be accompanied by:
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your contract reference
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a copy of the rental contract indicating precisely the identity of the Reservers, the amount of the advance, the amount of the rental and the dates of the rental initially planned
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proof showing the date of the reservation of the seasonal rental
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all documents justifying the date of cancellation of the reservee and the possible reason
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You agree to send us, on simple request from us, all the documents necessary for the processing of your file.
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receipted invoice of the debit that you are required to pay to the organizer of the trip or that the latter retains,
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In the event of illness or accident, a medical certificate specifying the origin, nature, severity and foreseeable consequences of the illness or accident,
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In the event of death, a certificate and civil status record,
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In other cases, any proof.
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You must send us the documents and medical information necessary for the examination of your file by means of the envelope pre-printed in the name of the medical adviser which we will send to you upon receipt of the declaration of loss, as well as the medical questionnaire to be completed completed by your doctor.
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If you do not have these documents or information, you must have them communicated to you by your attending physician and send them to us using the pre-printed envelope referred to above.
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You must also send us, the communication of these additional documents to be done by means of an envelope pre-printed in the name of the medical adviser, all information or documents which will be requested from you in order to justify the reason for your cancellation, and in particular:
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All photocopies of prescriptions prescribing medicines, analyzes or examinations as well as all documents justifying their delivery or execution, and in particular the sickness forms comprising, for the prescribed medicines, a copy of the corresponding vignettes,
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The statements of the Social Security or any other similar organization, relating to the reimbursement of treatment costs and the payment of daily allowances,
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In the event of an accident, you must specify the causes and circumstances and provide us with the name and address of those responsible, as well as, where applicable, witnesses.
PROVISIONS COMMON TO ALL GUARANTEES
Like any insurance contract, this one includes reciprocal rights and obligations. It is governed by the French Insurance Code. These rights and obligations are set out in the following pages.
DEFINITIONS
Serious bodily injury: any unintentional bodily injury on the part of the victim, resulting from the sudden action of an external cause noted by a medical doctor, and involving the cessation of any professional or other activity and prohibiting him from moving by his own means .
Hazard: Unintentional, unpredictable, irresistible and external event.
Member: The natural person subscribing to the insurance contract
Insured(s): the person(s) insured under this contract.
Attack/Acts of terrorism: By attack is meant any act of violence, constituting a criminal or illegal attack, against persons and/or property, in the country in which you are staying, with the aim of seriously disturbing public order. This "attack" will have to be recorded by the French Ministry of Foreign Affairs
Have right: person benefiting from benefits paid, not on a personal basis, but because of his links with the insured. Unless otherwise stipulated when subscribing to this contract, the spouse is exclusively covered, failing which the children, failing which the heirs of the insured.
Natural disaster: The abnormal intensity of a natural agent not resulting from human intervention.
Insurance Code: Collection of legislative and regulatory texts governing the insurance contract.
Rental agreement: Contract concluded between the Lessor and the Insured for the provision of the leased Property and for a period not exceeding 90 days and for private use. The rental contract must provide the following information: address of the rental, description of the accommodation, duration of the rental with the dates of arrival and departure, date of signature of the contract, signatures of the parties, identity of the occupants, address of the tenant , rental price including tax, the amount of the advance paid when booking and security deposit paid when entering the premises
Forfeiture: Loss of the right to the Guarantee for the Claim in question
Insurer : Aréas Dommages, a mutual insurance company registered with the Paris Trade and Companies Register under number 775 670 466, whose head office is located at 47-49 rue de Miromesnil 75380 Paris
Assistant: The services of this assistance agreement are provided by: AWP P&C, SA with capital of €17,287,285, 519 490 080 RCS Bobigny. Head office: 7, rue Dora Maar – 93400 Saint-Ouen (company governed by the Insurance Code) and are implemented by AWP FRANCE SAS, SAS with capital of €7,584,076.86, 490 381 753 RCS Bobigny. Head office: 7, rue Dora Maar – 93400 Saint-Ouen. Insurance brokerage company - Registration ORIAS 07
026 669 - http://www.orias.fr/ designated under the trade name “Mondial Assistance”.
Residence: the usual place of residence of the Insured for at least 6 months.
DOM-ROM, COM : DROM POM COM means the new names of the DOM-TOMs since the constitutional reform of March 17
2003, modifying the names of the DOM-TOMs and their definitions.
Injury: Any physical or moral damage suffered by a person as well as the immaterial damage resulting therefrom.
Property damage: Any damage deterioration alteration loss or destruction of a thing or substance, any physical damage to animals.
Consequential material and immaterial damage: All damages other than bodily injury or material consisting of costs and pecuniary losses resulting from the deprivation of enjoyment of a right, the interruption of a service rendered by a person or property, or the loss of a profit and consecutive to bodily injury or material damage covered.
Duration of guarantees: the guarantees are granted to the Insured for a period defined in the Special Conditions of the contract.
Transport company: Transport company means any company duly approved by the public authorities for the transport of passengers.
Event: any event generating harmful consequences, likely to lead to the implementation of one or more guarantees of the contract.
Europe: By "Europe", we mean the countries of the European Union, the United Kingdom, Switzerland, Norway or the Principality of Monaco.
Franchise: amount to be borne by the Insured in the event of a claim.
Short term rental: Stay of less than 90 days in premises intended for holiday stays of which the tenant is not the owner, nor a year-round tenant.
We: The Insurer
Insurance claims manager: Gritchen Affinity - 27 rue Charles Durand – CS 70139 - 18021 BOURGES – FRANCE
Assistance claims manager: AWP FRANCE SAS, SAS with capital of €7,584,076.86, 490 381 753 RCS Bobigny. Head office: 7, rue Dora Maar – 93400 Saint-Ouen. Insurance brokerage company - Registration ORIAS 07 026 669 - http://www.orias.fr/ designated under the commercial name "Mondial Assistance".
Strike: Collective action consisting of a concerted cessation of work by the employees of a company, an economic sector, a professional category aimed at supporting the claims
Family members: legal or de facto spouse, ascendants or descendants up to the 2nd degree, fathers-in-law, mothers-in-law, sisters, brothers, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law.
Serious illness: any deterioration in health noted by a medical doctor, involving the cessation of any professional or other activity and requiring appropriate care.
Owner/ renter: domiciled in the European Union including Switzerland, United Kingdom, and Monaco, This is the natural or legal person who owns real estate, assigned to holiday stays, which it offers for rental to customers. tourism through the Subscriber
Booker/tenant: Natural person having subscribed to a seasonal rental contract for a Stay within a property belonging to the owner. The reserving party cannot be the owner, bare owner, occupant free of charge or usufructuary of the rented property.
Stay: Stay means any rental located anywhere in the world for a maximum and non-renewable duration of 90 consecutive days in a furnished seasonal rental given for rent by the owner to the Reservant. The seasonal rental contracted by the Reservant must cumulatively fulfill all of the following conditions:
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the rented property must be accommodation in a building (house or apartment) or boat at the quay.
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the rented property must not be company accommodation, the rental must be granted temporarily for a vacation stay.
Subscriber: the organization or the legal or natural person, domiciled in the European Union including Switzerland, United Kingdom and Monaco which distributes Assurlodge insurance to Members and undertakes to remit contributions .
Claim: Event likely to lead to the application of a guarantee to the contract.
Subrogation: The legal situation by which a person sees himself transferring the rights of another person (in particular: substitution of the Insurer for the insured for the purposes of proceedings against the opposing party).
Territoriality:
The guarantees apply:
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When the reserving Insured resides in a country
from the European Union including Switzerland, United Kingdom and Monaco for rented properties located anywhere in the world with the exception of countries that are not politically stabilized and not recommended by the French Ministry of Foreign Affairs.
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When the reserving Insured resides in a country outside the European Union, Switzerland, United Kingdom and Monaco for rented property located in a country of the European Union, Switzerland, United Kingdom and Monaco
Third: Any person other than the Insured. Any Insured victim of consequential bodily, material or immaterial damage caused by another
Insured (the Insured are considered third parties among themselves). Any natural or legal person, excluding the Policyholder, the Insured Person, members of his family, persons accompanying him and his employees.
Wear: Devaluation or depreciation, on the day of the Claim, of the value of an asset caused by prolonged use or its maintenance conditions.
dilapidated: Consequence of the seniority of the Wear, the age or the state of maintenance, on the day of the Claim, on the value of an asset.
Dilapidation applied:
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10% per year from the date of purchase of the damaged good on presentation of the purchase invoice of the good
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80% per year in the absence of a purchase invoice based on the purchase price including tax on the day of the Claim, capped at €200
EXCEPTIONS:
YOU: insured)
Section 4.1/ MEMBERSHIP WAIVER FACULTY
Information document for the exercise of the right of renunciation provided for in article L. 112-10 of the Insurance Code.
The beneficiary is invited to check that he is not already the beneficiary of a guarantee covering one of the risks covered by the new contract. If this is the case, he has the right to waive this contract for a period of 14 (calendar) days from its conclusion, without costs or penalties, if all the following conditions are met:
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This contract is taken out for non-professional purposes;
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this contract complements the purchase of goods or services sold by a supplier;
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the beneficiary proves that he is already covered for one of the risks covered by this new contract
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the contract he wishes to waive is not fully executed;
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The beneficiary has not declared any loss covered by this contract.
In this situation, he may exercise his right to waive this contract by letter or any other durable medium addressed to the insurer of the new contract, accompanied by a document proving that he already benefits from cover for one of the risks covered by the new contract. The insurer is required to reimburse you for the premium paid, within 30 days of the waiver.
"I, the undersigned Mr. / Mrs. ... residing ... renounce my contract No. ... taken out with ..., in accordance with article L 112-10 of the Insurance Code. I certify that to be aware on the date of dispatch of this letter, of any loss involving a guarantee of the contract."
Section 4.2/PREMIUM PAYMENT
In the absence of payment before the start of the risk, the contract will be considered null and void and will not give rise to any compensation.
Section 4.3/INFORMATION OBLIGATION
The Subscriber undertakes to give each Insured before joining the Assurlodge insurance a copy of the Information Notice and the IPID sheet and to invite the latter to read the guarantees, their terms of entry into force. , exclusions and formalities to be completed in the event of a claim.
The Subscriber undertakes to comply with the provisions of article L.112-10 of the Insurance Code, namely:
Invite the Insured to verify that he is not already the beneficiary of a guarantee covering him for one of the claims covered by the Assurlodge insurance and formalize this process.
Remind the Insured of the conditions for waiving Assurlodge insurance:
Inform the Insured of his right to waive within 14 (fourteen) days and of its terms. The Subscriber may propose to the Insured the following text:
“I, the undersigned Mr................................. residing.......... ............................renounces my contract no................. ......... underwritten by ............, in accordance with article L. 112-10 of the Insurance Code.
I declare that I am not aware, on the date of sending this letter, of any claim involving a guarantee of the contract. ".
Section 4.4/ WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO ALL OF OUR WARRANTIES?
We cannot intervene when your requests for guarantees or services are the consequence of damage resulting from:
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epidemics, pandemics, recognized by national or international health authorities
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natural disasters and pollution recognized as such by the competent authorities
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consequences and/or events resulting from: civil war or foreign war, riots, popular uprisings, in accordance with article L121-8 of the Insurance Code;
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the consequences and/or events resulting from: a strike;
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the consequences and/or events resulting from: an attack and an act of terrorism;
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the consequences of the voluntary participation of the Member and of persons traveling with the Member and insured under this contract, in a crime, an offence, a riot or a strike, except in the case of self-defence;
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intentional non-compliance with the regulations of the country visited;
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the disintegration of the atomic nucleus or any irradiation from ionizing radiation;
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misuse of medication or use of narcotics not medically prescribed, ascertained by a competent medical authority
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damage resulting from the consumption of alcohol by the Subscriber, characterized by the presence in the blood of a pure alcohol level equal to or higher than that set by the regulations of the country visited and governing automobile traffic;
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accidents/damages and their consequences caused or caused intentionally by the Subscriber .
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the practice of sport on a professional basis;
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participation in endurance or speed events, on board any motor vehicle for land, water or air locomotion;
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non-compliance with the safety rules brought to the attention of the Subscriber and the people traveling with the Subscriber and insured under this contract as well as the members of the Subscriber's family related to the practice of sporting activities ;
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the consequences of suicide or attempted suicide by the Subscriber and the people traveling with the Subscriber and insured under this contract as well as the members of the Subscriber's family;
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the absence of hazards;
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goods and/or activities insured when the insurer is prohibited from providing an insurance contract or service due to a sanction, restriction or prohibition provided for by conventions, laws or regulations, including those decided by the United Nations Security Council, the Council of the European Union, or other applicable national law;
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goods and/or insured activities when they are subject to any sanction, restriction, total or partial embargo or prohibition provided for by conventions, laws or regulations, including those 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 in the event that the insurance contract, the goods and/or activities insured fall within the scope of the decision of restrictive sanctions, total or partial embargo or prohibition.
Section 4.5/ HOW IS YOUR COMPENSATION CALCULATED?
If the indemnity cannot be determined by mutual agreement, it is assessed by way of an amicable expertise, subject to our respective rights.
Each of us chooses his expert. If these experts do not agree among themselves, they call on a third party and all three operate jointly and by majority vote.
If one of us fails to appoint an expert or if the two experts fail to agree on the choice of a third, the appointment is made by the president of the tribunal de grande instance, ruling in summary proceedings. Each of the contracting parties bears the costs and fees of its expert, and if applicable, half of those of the third party.
Section 4.6/PENALTIES INCURRED
Any reluctance or intentional misrepresentation, omission or inaccuracy about circumstances of the risk known to the insured, is penalized in accordance with the provisions of Articles L. 113-8 and L. 113-9 of the Code, namely:
a) even if it had no influence on the claim, by the nullity of the contract in the event of bad faith on the part of the Member or the insured;
b) depending on whether it is observed before or after the loss, when the bad faith of the Member or the insured is not established, by the following consequences:
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before the claim, by increasing premiums or terminating the contract,
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after a claim, by reducing the compensation for the claim in proportion to the contributions that would have been due if the risks had been accurately and completely declared. The rate taken as the basis for this reduction is, as the case may be, that applicable, either when the contract is taken out, or on the day of the aggravation of the risk or, if this cannot be determined, on the last due date. preceding the disaster.
Section 4.7/OTHER INSURANCE
In accordance with Article L. 121-4 of the Code, if all or part of the risks guaranteed by this contract are or become covered by another insurance, the insured must immediately declare this to the company, indicating the name of this insurer and the amounts insured. When several policies against the same risk are taken out fraudulently or fraudulently, the penalties provided for in Article L. 121-3, first paragraph, of the Code (nullity of the contract and damages) are applicable. When they are contracted without fraud, each of them produces its effects within the limits of the guarantees of the contract and in compliance with the provisions of article L. 121-1 of the Code with the exception of the civil liability guarantees of this contract which only apply if the Insured does not benefit from civil liability cover under another insurance contract valid on the day of the occurrence of the harmful event and likely to bear the financial consequences. Within these limits, the beneficiary of the contract may obtain compensation for his damage by contacting the insurer of his choice.
Section 4.8/ COMPLAINTS
During the life of the contract, difficulties may arise. Also, for any request or rectification of information concerning you or in the event of a dispute, you must first consult your usual contact
If the answer does not satisfy you, you can contact the customer relations service (49, rue de Miromesnil 75380 Paris cedex 08, www.areas.fr, telephone: 01 40 17 65 00) which will answer you within two months at the latest. following the date of receipt of your complaint. In the event of persistent disagreement after the response given by the customer relations department, if you are an individual, provided that no legal action has been taken, you have the option of contacting Insurance Mediation by mail TSA 50110 75441 Paris cedex 09 or electronically www.mediation-assurance.org. The opinion of the insurance mediator does not bind the parties, who are free to accept or refuse his proposed solution and to seize the competent court.
Section 4.9/ AUTHORITY RESPONSIBLE FOR SUPERVISING THE INSURANCE COMPANY
The Authority responsible for supervising Aréas Assurances is the Prudential Supervisory and Resolution Authority 4, place de
Budapest, CS 92459, 75436 Paris cedex 09.
Section 4.10/ PROTECTION OF PERSONAL DATA
In accordance with Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, relating to the Protection of Personal Data (RGPD), we inform you that the data collected will be subject to automated processing by Aréas assurances, responsible for processing for the conclusion, management and execution of insurance contracts and for commercial prospecting and management purposes. They may be transmitted to the companies of the Aréas group and to its partners for the same purposes, including outside the European Union. These data will be kept for the legal prescription periods.
You have a right of access, rectification, opposition for legitimate reasons, erasure as well as the right to define directives relating to the storage, erasure and communication of your personal data. after your death. You also have the right to the portability of your personal data. All of your rights can be exercised with the Personal Data Protection Officer at the following address: AREAS ASSURANCES - Compliance Department - DPO. 47 Rue de Miromesnil 75380 PARIS Cedex 08 or the following email address:dpo@areas.fr.
You can obtain more information on your rights on our sitewww.areas.fr or on the CNIL websitewww.cnil.fr
Section 4.11/ CONSUMERS' RIGHT OF OPPOSITION TO TELEPHONE SOLICITATION
If you do not wish to be the subject of commercial prospecting by telephone, you can register free of charge on a list of opposition to telephone canvassing.
These provisions are applicable to any consumer, ie to any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
Section 4.12/ SUBROGATION
In accordance with the provisions of Article L121-12 of the Insurance Code, the Insurer is subrogated, up to the indemnity paid by it, in the rights and actions of the Subscriber against the third parties responsible for the loss.
In the event that the subrogation can no longer operate in favor of the Insurer, because of the Subscriber, the latter will then be released from its obligations with regard to the Subscriber to the extent that it could have to exercise subrogation.
Section 4.13/ PRESCRIPTION OF ACTIONS DERIVING FROM THE INSURANCE CONTRACT
The limitation period is the period beyond which any claim is no longer admissible.
Any action deriving from this contract is time-barred two years from the event giving rise to it.
Article L114-1 of the Insurance Code
“All actions arising from an insurance contract are time-barred two years from the event giving rise thereto.
However, this period does not run:
1° In the event of reluctance, omission, false or inaccurate declaration on the risk incurred, only from the day on which the insurer became aware of it;
2° In the event of a claim, only from the day on which the interested parties became aware of it, if they prove that they were unaware of it until then.
When the action of the insured against the insurer is caused by the recourse of a third party, the limitation period only runs from the day on which this third party took legal action against the insured or was compensated by this last.
The limitation period is extended to ten years in life insurance contracts when the beneficiary is a person other than the subscriber and, in accident insurance contracts affecting persons, when the beneficiaries are the heirs of the deceased insured.
For life insurance contracts, notwithstanding the provisions of 2°, the actions of the beneficiary are prescribed no later than thirty years from the death of the insured”.
The limitation period may be interrupted as provided for in article L 114.2 of the Insurance Code: Article L114-2 of the Insurance Code
“The prescription is interrupted by one of the ordinary causes of interruption of the prescription and by the appointment of experts following a claim. The interruption of the prescription of the action may, in addition, result from the sending of a registered letter or an electronic registered mail, with acknowledgment of receipt, addressed by the insurer to the insured concerns the action for payment of the premium and by the insured to the insurer with regard to the settlement of the indemnity”.
Article L114-3 of the Insurance Code
"By way of derogation from article 2254 of the Civil Code, the parties to the insurance contract may not, even by mutual agreement, modify the duration of the prescription, nor add to the causes of suspension or interruption of it. this. ".
The ordinary causes of interruption of the prescription mentioned in Article L114-2 are those provided for in Articles 2240 to 2246 of the Civil Code, reproduced below:
Article 2240 of the Civil Code: “Acknowledgment by the debtor of the right of the person against whom he prescribed interrupts the limitation period. »
Article 2241 of the Civil Code: “The legal action, even in summary proceedings, interrupts the limitation period as well as the foreclosure period.
It is the same when it is brought before an incompetent court or when the act of referral to the court is annulled by the effect of a procedural defect. »
Article 2242 of the Civil Code: “The interruption resulting from the legal action produces its effects until the extinction of the proceedings. »
Article 2243 of the Civil Code: “The interruption is void if the claimant withdraws his request or allows the proceedings to expire, or if his request is definitively rejected. »
Article 2244 of the Civil Code: “The limitation period or the foreclosure period is also interrupted by a precautionary measure taken pursuant to the code of civil enforcement procedures or an act of forced execution. »
Article 2245 of the Civil Code: “The interpellation made to one of the joint and several debtors by a legal action or by an act of forced execution or the recognition by the debtor of the right of the one against whom he prescribed interrupts the limitation period against all the others, even against their heirs.
On the other hand, the interpellation made to one of the heirs of a joint and several debtor or the recognition of this heir does not interrupt the limitation period with regard to the other co-heirs, even in the event of a hypothecary debt, if the obligation is divisible. This interpellation or this acknowledgment only interrupts the limitation period, with regard to the other co-debtors, for the share for which this heir is liable.
To interrupt the limitation period for the whole, with regard to the other co-debtors, it is necessary to interpellate all the heirs of the deceased debtor or the recognition of all these heirs. »
Article 2246 of the Civil Code: “The interpellation made to the principal debtor or his recognition interrupts the limitation period against the surety. »
Section 4.14/COMPETENT COURTS – APPLICABLE LAW
Pre-contractual and contractual relations are governed by French law and mainly the Insurance Code.
Any legal action relating to this contract will be the sole jurisdiction of the French courts.
Section 4.15/ LANGUAGE USED
The language used in the context of pre-contractual and contractual relations is the French language.
Section 4.16/ ANTI-MONEY LAUNDERING
Fight against money laundering and terrorist financing
To meet its legal obligations, the Insurer implements surveillance processing aimed at combating money laundering and the financing of terrorism and the application of financial sanctions.
Section 4.17/ WHAT ARE THE APPLICABLE LIMITS IN CASE OF FORCE MAJEURE?
The Assistance Provider cannot be held responsible for failures to perform assistance services resulting from cases of force majeure or the following events: civil or foreign wars, notorious political instability, popular uprisings, riots, acts of terrorism, reprisals , restriction on the free movement of persons and goods, strikes, explosions, natural disasters, disintegration of the atomic nucleus, or delays in the performance of services resulting from the same cause.
HOW TO DECLARE A CLAIM?
When the Insurance guarantees are at stake, the insured must imperatively:
> Notify Gritchen Affinity in writing of any claim likely to lead to reimbursement within five working days (time limit reduced to two working days in the event of theft).
These periods run from the time the insured becomes aware of the claim.
such as to lead to the implementation of the guarantee.
After this period, the insured will be deprived of any right to compensation if the delay has caused damage to the Company.
> Spontaneously declare to Gritchen Affinity the guarantees taken out on the same risk with other insurers.
Contract 102 92 73
FOR A MODERN AND RAPID MANAGEMENT OF YOUR INSURANCE CLAIMS
Login to the site:www.declare.fr
(Send your supporting documents and follow the progress of your file at any time)
By email :sinister@declare.fr
FOR A TRADITIONAL MANAGEMENT OF YOUR INSURANCE CLAIMS
By mail: Gritchen Affinity - Claims department 27 rue Charles Durand - CS70139 18021 Bourges Cedex
EPIDEMIC EXTENSION Assurlodge Contract 102 92 73
The Epidemic extension can only be taken out in addition to the ASSURLODGE contract N° 10292 73
TABLE OF GUARANTEES
DEFINITIONS
Epidemic
Appearance of a large number of sick people in a given place following an illness.
Pandemic
Global spread of a disease.
Disease
Sudden and unforeseeable deterioration in health certified by a competent medical authority.
Serious illness
Sudden and unforeseeable deterioration in health noted by a competent medical authority resulting in the issuance of a prescription for taking medication for the benefit of the patient and involving the cessation of any professional or other activity.
Covid-19 Negative Person
A person is negative for Covid-19 if an approved medical test certifies that they are not affected by Covid-19 or that they are no longer contagious if they have previously been affected.
Person Contaminated or Positive at Covid-19
A person is positive for Covid-19 if an approved medical test confirms that they have Covid-19, with or without symptoms.
Quarantine for illness
Isolation of the person, in the event of proven illness, decided by a competent medical authority, in order to avoid the risk of spreading the said illness.
Contact case:people identified and contacted by their attending physician, by the health insurance services or by the ARS (regional health agency) as having been in high-risk contact with a person with Covid-19.
1/ CANCELLATION
By partial derogation from articles 1-4 and 23 of the general conditions of the contract
The guarantee is granted to the Insured for the reasons and circumstances listed below to the exclusion of all others, within the limit indicated in the Table of Guarantees:
-
Death following Contamination with Covid-19 of the Insured before the stay
-
Illness or Serious Illness of the Insured following Contamination with covid-19 before the stay
and making it impossible for him to be present at the place of stay.
-
Insured person Positive for Covid-19 before the stay and making it impossible to be present at the place of
stay.
-
Insured who was denied boarding of the reserved means of transport following a seizure
positive temperature, provided that the Insured has carried out a test within 48 hours of the refusal of boarding and that:
o Either this test certifies that the Insured is Positive for Covid-19, making it impossible for them to be present at the place of stay for more than 60% of the planned duration.
o Either this test certifies that the Insured is Negative for Covid-19 but that the delay caused by a delayed departure makes his presence at the place of stay less than 60% of the planned duration.
-
Insured who is a Contact Case, provided that the Insured has carried out a test within 48 hours of being notified of the contact case and that:
o Either this test certifies that the Insured is Positive for Covid-19, making it impossible for them to be present at the place of stay for more than 60% of the planned duration.
o Either this test certifies that the Insured is Negative for Covid-19 but that the delay caused by a delayed departure makes his presence at the place of stay less than 60% of the planned duration.
Cover is also granted to the Insured if the reasons or circumstances listed relate to:
-
any person usually living at the home of the Insured,
-
person who must accompany the Insured during his stay and insured under the contract.
-
a member of the insured's family who does not usually live in the domicile of the latter (ascendant or descendant), hospitalized or deceased.
It is up to you to establish the reality of the situation giving rise to the right to our services, so we reserve the right to refuse your request, on the advice of our doctors, if the information provided does not prove the materiality of the facts.
WHAT WE EXCLUDE
The Cancellation guarantee does not cover the impossibility of leaving linked to the material organisation, the accommodation conditions or the security of the destination.
In addition to the exclusions common to all guarantees, the following are also excluded:
-
An event, an illness or an accident having been the subject of a first observation, a relapse, an aggravation or hospitalization between the date of purchase of the stay and the date of subscription of the assurance,
-
Any circumstance only detrimental to the simple approval,
-
forgetting to vaccinate,
-
Failure of any kind, including financial, of the carrier making it impossible to fulfill its contractual obligations,
-
Any medical event whose diagnosis, symptoms or cause of these are of a psychic, psychological or psychiatric nature, and which has not resulted in hospitalization for more than 3 consecutive days subsequent to the subscription of this Contract,
-
Any other event occurring between the date of subscription to the insurance contract and the departure date of your trip
-
Any event occurring between the date of subscription to the trip and the date of subscription to the insurance contract.
-
The absence of hazard,
-
An intentional and/or reprehensible act by law, the consequences of alcoholism and the consumption of drugs, of any narcotic substance mentioned in the Public Health Code, of drugs and treatments not prescribed by a doctor,
-
From the simple fact that the geographical destination of the trip is not recommended by the French Ministry of Foreign Affairs,
-
An act of negligence on your part,
-
Any event for which the travel agency may be held liable pursuant to the Tourism Code in force,
-
Non-presentation, for any reason whatsoever, of documents essential to the Stay, such as passport, identity card, visa, transport tickets, vaccination card except in the event of theft, within 48 hours prior to departure, passport or identity card.
-
The consequences of the health measures of the competent authorities taken at local, regional, national or international level aimed at limiting the movement of goods and people: confinement, border closures or restrictions on the conditions of entry into national territories.
2/ LATE ARRIVAL
By partial derogation from article 23 of the general conditions of the contract
The guarantee is granted to the Insured for the reasons and circumstances listed below to the exclusion of all others, within the limit indicated in the Table of Guarantees:
-
Illness or Serious Illness of the Insured following Contamination with covid-19 before the stay and making it impossible for them to be present at the place of stay for less than 60% of the planned duration.
-
Insured person Positive for Covid-19 before the stay and making it impossible to be present at the place of
stay less than 60% of the planned duration.
-
Insured who was denied boarding of the reserved means of transport following a positive temperature measurement, provided that the Insured has carried out a test within 48 hours of the denied boarding and that:
-
Or this test certifies that the Insured is Positive for Covid-19, making it impossible for them to be present at the place of stay for less than 60% of the planned duration.
-
Either this test certifies that the Insured is Negative for Covid-19 and that the delay caused by a delayed departure makes his presence possible at the place of stay for more than 60% of the planned duration.
-
-
Insured who is a Contact Case, provided that the Insured has carried out a test within 48 hours of being notified of the contact case and that:
-
Or this test certifies that the Insured is Positive for Covid-19, making it impossible for them to be present at the place of stay for less than 60% of the planned duration.
-
Or this test certifies that the Insured is Negative for Covid-19 and that the delay caused by a delayed departure makes his presence possible at the place of stay for more than 60% of the planned duration.
-
Cover is also granted to the Insured if the reasons or circumstances listed relate to:
-
any person usually living at the home of the Insured,
-
person who must accompany the Insured during his stay and insured under the contract.
-
a member of the insured's family who does not usually live in the domicile of the latter (ascendant or descendant), hospitalized or deceased.
IIt is up to you to establish the reality of the situation giving rise to the right to our services, so we reserve the right to refuse your request, on the advice of our doctors, if the information provided does not prove the materiality of the facts.
Under no circumstances may the amount of compensation for late arrival be greater than the cost of canceling the trip.
FRANCHISE
In all cases, the Company will indemnify the insured after deduction of an excess which is specified in the table of guarantees.
LIMITATION OF WARRANTY
In all cases, the indemnity may not exceed the ceiling fixed in the table of amounts of cover.
EXCLUSIONS
Similarly, in addition to the general exclusions provided for in the General Provisions below, consecutive late arrivals are not guaranteed:
- Any event occurring between the date of reservation of the trip and the subscription of the contract
- Late application for a visa to the competent authorities, non-compliance of a passport and forgetting to vaccinate.
3/ INTERRUPTION OF STAYS
By partial derogation from articles 3.4 and 23 of the general conditions of the contract
If you have to interrupt the stay guaranteed by this contract, we undertake to reimburse the rental services not used as well as any cleaning costs for the rental, for which you cannot require the service provider to reimburse, replace or compensate in the case where you are obliged to leave and return the location rented to the hotelier following:
-
Death following Contamination with Covid-19 of your legal or de facto spouse, your ascendants or descendants (any degree), your guardian or any person usually living under your roof or a person participating in the stay and insured under contract title.
-
Illness or Serious Illness following Contamination with Covid-19 during the stay, for yourself and/or the people accompanying you during your stay and insured under the contract.
In rental, the interruption guarantee is granted on the condition that the rental is completely released.
FRANCHISE
In all cases, the Company will indemnify the insured after deducting a deductible, the amount of which is specified in the table of guarantees.
LIMITATION OF WARRANTY
In all cases, the indemnity may not exceed the amounts set out in the table of amounts of cover.
EXCLUSIONS
All interruptions for reasons other than for the events listed in article 1 "Nature and extent of the guarantee" are excluded from this guarantee. Similarly, in addition to the general exclusions provided for in the General Provisions below, consecutive interruptions are not guaranteed:
-
Illnesses or accidents having been the subject of a first observation, treatment, relapse, aggravation or hospitalization between the date of reservation of the trip and the date of subscription of this contract;
-
Has an unstabilized pathology that has been the subject of a finding or treatment in the 30 days preceding the reservation of the stay;
-
Any event occurring between the date of reservation of the trip and the subscription of the contract - On the death of a parent when this occurs before the date of departure;
-
The consequences of the health measures of the competent authorities taken at the local, regional, national or international level aimed at limiting the movement of goods and people: confinement, border closures or restrictions on the conditions of entry into the territories.
-
Aesthetic treatment, cure, voluntary termination of pregnancy, in vitro fertilization and its consequences, artificial insemination and its consequences, pregnancy; - Has a psychological or mental or depressive illness without hospitalization or leading to hospitalization for less than 2 days.
4 / HOTEL EXPENSES FOLLOWING QUARANTINE FOR ILLNESS
If you are obliged to extend your stayfollowing your quarantine for illness, we cover the hotel costs (room and breakfast) as well as those of the members of your family participating in the stay or of an insured companion, up to the amount indicated in the Table of Cover.
LIMITATION OF WARRANTY
In all cases, the indemnity may not exceed the amounts set out in the table of amounts of cover.
WHEN DO YOU MUST DECLARE THE CLAIM?
two step
1/ As soon as you become aware of being in one of the situations described giving rise to the right to the guarantee, you must notifyIMMEDIATELY your real estate agency.
If you cancel the trip later with your agency, we will only reimburse you the cancellation costs from the date of the counter-indication noted by a competent authority, in accordance with the cancellation scale appearing in the special conditions of sale of the travel agency.
2/ On the other hand, you must declare the loss toGRITCHEN AFFINITY, within five working days of the event giving rise to the guarantee.