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General Conditions of Insurance
INSURANCE FOR VACATION RENTALS,
EXTRACT OF THE GENERAL CONDITIONS (Réf. CG.– 10-2008) OF THE SKIPPER & CO CONTRACT n° 65.527.456, PROVIDED AS NOTICE OF INFORMATION IN CONFORMITY WITH THE ARTICLE L 141-4 OF FRANCE INSURANCE CODE.
Skipper : Contract subscribed by Groupe C.S.A – Le Petit Pays – Montagnole –BP 515 – 73005 Chambéry Cedex.
Phone number : (33) (0)4 79 69 33 65 – Fax : (33) (0)4 79 96 07 09
With TOKIO MARINE EUROPE INSURANCE LIMITED
Head Office :
Company controlled by the Code des Assurances and the Financial Services Authority
25 The North Colonnade – Canary Wharf – London E14 5HS – UK
Branch in France :
66, rue de la chaussée d’Antin -75441 Paris Cedex 09
RCS PARIS B 382 096 071 – APE 660E
TOKIO MARINE ASSISTANCE :
Phone in France : 01 48 82 62 35 – Fax in France : 01 45 16 63 92
Phone from abroad : (33) 1 48 82 62 35 – Fax from abroad : (33) 1 45 16 63 92
Insurance policy : 65.527.456
Groupe C.S.A. - Le Petit Pays Montagnole BP 515 - 73005 Chambéry Cedex
RSC Chambéry B390408805
Financial guarantee and Responsabilité Civile Professionnelle in accordance with articles L530-1 and L530-2 of the Code des Assurances.
Registration number (ORIAS) : 07 009 182
ARTICLE 1 – DEFINITIONS
Any corporal damage, not deliberate from the policyholder, due to the sudden of external cause.
Are considered as accident :
- The asphyxia results, drowning or immersion hypothermia ;
- Poisoning or burns caused by gas, steam or by poisonous or corrosives substances ;
- Snakes bites, cases of rabies or anthrax caused by animals bites ;
- Attacks against the policyholder (bomb attack, hold-up, hostage-taking or kidnapping)
- Corporal damage caused by burns, electrocution, lightning ;
- Infectious stings and their consequences ;
- Sprains and their consequences.
THESE EVENTS MUST, ON MEDICAL PRESCRIPTION, FORBID TO LEAVE THE ROOM, FORBID TAKING PART OR CONTINUING THE TRIP.
The insured is any person named in the application form or in a list annexed, who has booked a trip including the charter of the boat through a Tour-Operator, an Agency or a Hiring Company.
TOKIO MARINE EUROPE INSURANCE LTD - TOKIO MARINE ASSISTANCE.
Document embodying the modification of reciprocal commitments under this contract.
The endorsement is the document whish shows the modification of the reciprocal engagements and resulting of the contract.
The beneficiary is the person who receives the sums owed by the Insurer.
Unless another person has been designed in agreement with the Insured :
- The sum expected in case of the insured death is paid to the surviving wife or husband if not separated or divorced, or failing to the legal claimants ;
- As for the other sums, they are paid to the policyholder or to the legal claimants.
This policy is governed by the Codes des Assurances.
The lease is any document fulfilling its purpose of vacation rental engagement including a payment of a guarantee deposit when signing the lease and the payment of the settlement within four to eight weeks before the departure of the trip including the rent of a house.
MAIN ANNUAL TERM
The main annual term is the date when are postponed the effects of the lease anniversary date regarding its term, the cancellation period of notice and the payment of the premiums.
The exceeding day is the price per day asked by the hirer following an exceeding of hiring time as planned in the lease.
The illness is represented by any deterioration of health certified by a medical authority.
Are considered as illnesses :
- Nervous or emotional shocks, myocardial infarction, anguish ;
- Dermatitis, even resulting from external causes ;
- Varicose veins, sciatica, epilepsy fits if not traumatic, poliomyelitis or apoplexy attacks, fainting fits and their consequences,
rheumatisms and aneurysm rupture ;
- The results of an effort or overwork and their consequences ;- Sprained back, lumbago ;
- Hernias, excepted those resulting from a traumatism ;
- Congealing, congestion, sunstrokes and their consequences and generally the consequences of atmospheric effects, unless
these pathological signs are consequences of an accident.
THESE EVENTS MUST, ON MEDICAL PRESCRIPTION, FORBID TO LEAVE THE ROOM, FORBID TAKING PART OR CONTINUING THE TRIP.
CANCELLATION PERIOD OF NOTICE
This is the delay which has to be passed between the sending of the date, attested by the postmark, by one of the policyholder or one of the legal claimants, the decision to cancel and the date on which the cancellation is operative.
PRODUCTOR – DISTRIBUTOR – INFORMER
They are represented by any Agency, broker, villa management company or Tour-Operator who have included vacation rentals in their services.
Groupe C.S.A. – Le Petit Pays – MONTAGNOLE – 73005 CHAMBERY CEDEX
The travel represents all activities (for all the members named on the application form) described on the vacation rental lease.
Art 2 : WHAT ARE THE GRANTED GUARANTEES ?
The present application form aims to guarantee the policyholder, according to the options chosen and appearing on the application form :
1. GUARANTEE A : CANCELLATION & INTERRUPTION INDIVIDUAL AND /OR COLLECTIVE, RE-RENTAL
TO BE SUBSCRIBED NECESSARILY AT LEAST 15 DAYS BEFORE THE DATE OF THE BEGINNING OF THE JOURNEY AND THE RENT
The guarantee of cancellation includes the repayment of the cancellation fees for the booking under guarantee as provided in the property lease and remaining on his/their duty :
- in case of cancellation by all the members, following an individual cancellation, on the application form,
- in case of individual cancellation, the cover is extended in proportion to the part of the rental price the member insured has to pay, individually, when he cannot take part in the guaranteed rental. This guarantee is due only if the hirer has not been able to find another party member.
The repayment for the individual or collective interruption fees of the rental, in proportion to the part of the services remained unused, for the rental covered, as planned on the lease, between the beginning and the ending date of the trip, minus the possible cancellation fees.
The payment of an additional re-rental indemnity equal to 30% of the indemnity paid amount if after a rental cancellation or interruption the policyholder gathers the three following conditions together :
- A new rental is made in the same booking company,
- Application to a new rental within 12 months of the cancellation date of the previous rental,
- Signing a new “SKIPPER & Co” insurance cancellation contract.
The additional indemnity for the re-rental as described above will only be granted after the full payment of the re-rental.
BECAUSE OF ONE OF THE FOLLOWING REASONS:
- Death of the policyholder if not caused by an illness if the first symptoms have appeared before the signing date of the lease,
- Unknown illness of the policyholder when the lease and the application have been signed or an accident happening after the signing date,
- Death, illness or accident, in the same conditions, of the wife/husband of the policyholder, his parents or descendants, his wife/husband, his brothers and sisters, as well as anyone living in his house,
- Death, in the same conditions, of the policyholder’s son-in-law or daughter-in-law,
- Accidental material damage against the policyholder’s property and requesting absolutely his presence,
- The definitive non taking-off of a charter flight for any case of absolute necessity (breakdown, strike, lockout) excepted a non taking-off due to a shortage of passengers or a delay, whatever the reason, not exceeding 48 hours,
- Summons :
• Administrative (provided it was not known when signing the lease),
• Judicial (provided a postponement has been asked),
• Military, for a military reserve training,
• As a member of an assizes jury,
• A simultaneous strike in airway and railway companies when the policyholder hasn’t got any other ways of transports.
THE UNAVAILIBILITY OF THE PERSONAL MOTOR VEHICLE OF THE POLICYHOLDER IS NOT CONSIDERED AS AN OBSTACLE TO THE DEPARTURE, LIKELY TO BE COMPENSATED BY THIS CONTRACT, EXCEPTED IN CASE OF STRIKES, AS DESCRIBE ABOVE AND PREVENTING FROM MOVING THE VEHICLE.
- A professional impediment due to the illness, the accident or the death of the closest direct colleague of the policyholder,
- An impediment justified by a redundancy, the transfer of the policyholder or of his wife/husband, or due by the bankruptcy of
the company managed by the policyholder.
TO BE GRANTED, THIS GUARANTEE MUST, IN CASE OF ILLNESS OR ACCIDENT, COME WITH MEDICAL PRESCRIPTION OCCASIONNED HOSPITALIZATION OR CONFINMENT TO THE USUAL PLACE OF LIVING AND FORBIDDING ANY PROFESSIONAL ACTIVITY.
In case of illness or accident, the policyholder agrees to release his doctor from medical secrecy and/or to obtain from the person responsible for the damage, the release of his usual doctor from the medical secrecy as well. No indemnity will be paid to the policyholder if our consulting doctor cannot get all the necessary medical information.
THE CANCELLATION GUARANTEE, AS DESCRIBED IN THE ARTICLE 1 IS ONLY EFFECTIVE IF THE APPLICATION FORM IS SIGNED AND SENT BACK WITHIN 30 DAYS OF THE LEASE SIGNING DATE.
ARTICLE 3 – EXCLUSIONS
3.1. EXCLUSIONS FOR ALL GUARANTEE (except for the PERSONAL ASSISTANCE GUARANTEE)
The guarantee is never valid for:
- Death of the policyholder due to a illness if the first symptoms have appeared before the signing date of the lease,
- Accidents, redundancy, professional transfer, bankruptcy of a company known by the policyholder before the signing of the lease,
- Illnesses medically noticed before the signing of the lease,
- Disabilities known by the policyholder before the signing of the lease, as well as their consequences or worsening.
The policyholder never gets received compensation for the consequences of an accident or an illness due to:
- A war, civil war, cataclysm, his taking part in mass movement, riots, murders attempts or attacks, hold-up, hostage-taking, settling of scores, fight (except in the case of self-defence),
- Its being deliberate,- Drug addiction or alcoholism,
- Mental illness or alienation medically certified,
- His suicide attempt,
- His drunkenness,
- The disintegration of the atomic nucleus or atomic radiations.
3.2. EXCLUSIONS SPECIFIC TO THE CANCELLATION AND INTERRUPTION GUARANTEES
The guarantee is never acquired if the subscription was not made at least 15 days before the date of the beginning of the journey and the rent.
In addition to the exclusions described in paragraph 3-1, the guarantee shall never be valid if the cancellation is due to:
- Any causes other than those of article 2-1 of the general terms,- In the event of pregnancy, miscarriage, childbirth and their consequences,
- In case of negligence or omission from the policyholder preventing him from taking part in the travel planned in the lease,
- The impossibility for the policyholder to have his papers put in order before leaving because of an unexpected change of the regulations in use at his place of his stay, unless this change happens within 15 days before the departure date,
- The hirer, or following a change in his services and/or prices.
ARTICLE 4 – WHEN IS THE CONTRACT OPERATIVE FROM?
The insurance policy is operative from the reception by the Group C.S.A. of the application form signed, with the payment.
ARTICLE 5 – WHERE ARE THE GUARANTEES GRANTED?
The guarantees of the insurance policy are granted ALL OVER THE WORLD.
Concerning the guarantee Assistance to the person, TOKIO MARINE ASSISTANCE should not take place in case of the policyholder is on land, in a port or localised shelter.
The Policyholder admits to have understood and recognised the guarantees of the contract Skipper & Co and asks to stick to the group contract n° 65.527.456, subscribes by Groupe C.S.A. with TOKIO MARINE EUROPE INSURANCE LTD.
ARTICLE 6 – WHAT ARE YOUR OBLIGATIONS ?
WHAT DO YOU NEED TO DO IN CASE OF DAMAGE ?
Please contact Groupe C.S.A. or VillaNovo as soon as possible.
Write to :
Groupe C.S.A. Le Petit Pays Montagnole BP 515 73005 CHAMBERY CEDEX
Fax to 00 (33) (0)4 79 96 97 09
Phone to 00 (33) (0)4 79 69 33 65 – 06 11 32 89 46
Email to : firstname.lastname@example.org
At the risk of being declined, except in case of major problem, you must declare by letter or orally with receipt, all damages in the 5 days time you knew about this and supply documentary evidence to the Insurance Company or Groupe C.S.A.
As soon as you have been informed of the damage, you must supply to the Insurance Company or Groupe C.S.A. :
- All documents necessary to create the damage files ( documentary evidence, hiring contract, medical certificate, death certificate, expert report, conveyor certificate, administrative convocation, employment attestation, invoice, etc..) and all accurate information regarding the real causes of the damage.
As well as the guarantees above, you must supply:
For the cancellation and interruption guarantee:
You must supply: The contract, the bulletin enrolment for the travel, the confirmation by the travel agency of this enrolment as well as the invoice that you have to pay. All documents justifying of the cancellation cause (medical report, death certificate, etc…)
Computing, files and liberties:
The insurer or the subscriber are the beneficiaries of the informations regarding the insured. They are essential for the good management to his membership of the contract. In accordance with the rule “Computing, files and libertie”, the subscriber will be able to present offers and services regarding his products, except opposition from the insured. In this case, the insured, will have to send a letter to explain his refusal. According to this same rule, the insured can have a free access and can change his own information and can do it at any time to direct at the head office.
According to the clauses L1 14-I and L2 14-2 of the insurances Code, all actions describing the present contract are prescribed, they cannot be exercised beyond two-years to reckoning of the event who they give birth.
Nevertheless, this time not court:
- In case of reticence, omission, declaration falsify or inexact upon the risk run, as soon as the insurer had known,
- In case of accident from the day when beneficiaries have had knowledge if they proved that they have it unknown up to there.
The prescription is carried on ten years in the event of guarantee against accidents reached the people, when the beneficiaries are interested party of the policyholder.
If disagreements subsist between the policyholder and the insurer about the execution of the present contract, the insurer will put the policyholder in relation with the mediator insurances.
The company is subrogating to competition of sums that she had paid in the rights and actions the policyholder can have against the third responsible of the sinister.
In case of difficulties in the application of the contract, please contact first your usual adviser.
If the answer is not satisfying, you can write reclamation to :
TOKIO MARINE EUROPE INSURRANCE LIMITED
TM Special Lines
66, rue de la Chaussée d’Autin
75441 PARIS CEDEX 09
Finally, if your disagreement lasts after the first answer, you can ask a mediator point of view in conditions that will be communicated in asking to the address above.
ORGANISM OF CONTROL
Certified by the Code des Assurance ( Article L.112.4), it is mentionned that the authority of TOKIO MARINE EUROPE LIMITED is the Financial Services Authority, based The North Colonnade – Canary Wharf – London E14 5HS – ENGLAND
Skipper is a registered trade-mark of Groupe C.S.A. All reproduction is not allowed