Language

Currency

General Conditions of Insurance

Click here for GENERAL CONDITIONS FROM 01/07/2018 UNTIL 11/11/2018
Click here for GENERAL CONDITIONS UNTIL 30/06/2018

GENERAL CONDITIONS FROM 12/11/2018

“ADAR+” MULTIRISK HOLIDAY INSURANCE

SOME ADVICE
- Before leaving for a country in the European Economic Zone, make sure you have a European Health Insurance Card issued by your Caisse Primaire d’Assurance Maladie (or equivalent) in order to be eligible for direct coverage of your medical costs in the event of illness or accident.
- Before leaving for another country, remember to take your medication if you are under treatment. Take them in your hand luggage to avoid interruption in the event that your luggage is delayed or lost.
- If you practice a risky physical or motorised activity or are travelling to an isolated location during your trip, we advise you to ensure in advance that emergency services have been implemented by the appropriate authorities in the country concerned to meet any request for emergency services.
- It may be important to know the numbers of your keys if they are lost or stolen. Please write down the references.
- Similarly, should you lose your ID papers or means of payment, it is easier to obtain new copies of these documents if you took the time to make photocopies and write down the number of your passport, ID card and bank card, which you should keep in a separate location.
- If you fall seriously ill or are injured, contact us as quickly as possible after having first called the emergency services (ambulance, fire brigade, etc.), which we cannot replace.

WARNING
Some illnesses may constitute a limit to the conditions of application of the policy. We advise you to read these general provisions carefully.

I. GENERAL OBSERVATIONS
This policy, as defined by articles L 511-1 I and R 511-1 paragraph 1 of the Insurance Code, is set out by the ALBINET firm.
As with all insurance policies and assistance contracts, this policy stipulates rights both for you and for us, but also obligations. The policy is regulated by the French Insurance Code. These rights and obligations are outlined in the following pages.

1) DEFINITION
As defined in this policy, the following terms are defined herein under:
ACCIDENT
A sudden and unforeseeable event affecting all persons which was not intended by the victim, arising from a sudden external action which prohibits all travel by the person’s own means.
CANCELLATION
The cancellation of the trip you booked for reasons and under circumstances resulting in the application of our guarantee are listed under the CANCELLATION COSTS section.
If the rental contract covers several families, each is covered for its share; the rental contract is not cancelled and in such a situation, insurance cover relates to the arithmetical share of the family concerned. It is the responsibility of the signatory to the rental contract to provide the intermediary with the names of the co-beneficiaries.
INSURER / ASSISTANCE PROVIDER
In this policy, the EUROP ASSISTANCE company is replaced by the terms “we” and “us”.
The services stipulated in this policy are guaranteed and implemented by EUROP ASSISTANCE.
FRENCH INSURANCE CODE
All laws and regulations which govern relations between the insurers and the insured.
DISTRIBUTOR
In this policy, the following are deemed to be distributors: estate agents, travel agents, tour operators and websites specialising in short-term rentals.
RESIDENCE
The term residence indicates your main and usual place of residence, shown on your income tax declaration.
APPLICABLE LAW
Exclusively French law.
ABROAD
The term “abroad” shall refer to the whole world except for your country of origin and excluded countries.
EXCESS
Proportion of compensation which you must pay.
ILLNESS
A deterioration in health duly observed by a physician, which requires medical treatment and is of an unexpected and unpredictable nature.
SERIOUS ILLNESS
A change in medical condition duly noted by a physician who formally prohibits leaving the home and requiring medical care and the absolute termination of all professional activity.
COUNTRY OF ORIGIN
The country of origin is deemed to be the country of residence.
THE HOLDER
Are considered as Assured(Insured), below indicated(appointed) by the term "You", is every tenant, natural or legal entity, French or foreigner(foreign countries), having collectively praised in furnished flat an immovable property for a short duration,
through diffusers and adhered(subscribed) to the present contract and the identity of which appears as such on the registration forms of the aforementioned rent.
CLAIM
Event of a random nature which may implement the guarantees stipulated in this policy.
POLICYHOLDER
The ALBINET firm, Insurance Brokerage Company, working under the ADAR + trademark, is a limited company with capital of 250,000 Euros — Paris RCS (Trade and Company Register) no B 582 136 289, to the benefit of distributors and their clients who have taken out this policy.

2) WHAT IS THE GEOGRAPHIC COVERAGE OF THE POLICY?
Assistance Cover: Cover applies worldwide.
The following countries are excluded: countries engaged in civil or foreign wars; experiencing acknowledged political instability; reprisals; restriction in the freedom of circulation of goods and persons, irrespective of the cause, in particular for medical, security and meteorological reasons; countries experiencing acts of terrorism; natural catastrophes or release of nuclear radiation.

3) WHAT IS THE TERM OF YOUR POLICY?
The validity of all guarantees matches the travel dates stated on the invoice issued by the owner with a maximum duration of ninety consecutive days, except for:
- The Cancellation guarantee, which enters into effect on the day you take out the policy and expires on the day you depart on your trip
- The “non-compliance of the rented property” guarantee, which enters into effect on the day you take out the policy and expires on the day after you enter into temporary possession of the premises
- The “Direct Financial Loss resulting from dishonest or fraudulent action” guarantee, which enters into effect on the day you take out the policy and expires at the earliest on the day at which you discover the fraud before the trip begins and no later than the day at which you enter into temporary possession of the premises.

4) WHAT MUST YOU DO WITH YOUR TRAVEL DOCUMENTS?
When transportation has been organised and covered according to the policy clauses, you undertake either to reserve for us the right to use your travel document(s) or to reimburse to us the amount you obtain as reimbursement from the organisation issuing your travel document(s).

4.1 You wish to report a claim covered by your insurance policy:
Within 5 working days, you should (after confirmation by your letting agency) send ADAR PLUS the required documentation: medical certificate, certificate of hospitalisation, certificate of absence from work, redundancy notice, to the following address: Address: ADAR PLUS – C/O Cab. ALBINET– S.A.V. 5, cité de Trévise – 75 009 PARIS - Fax: +33 (1) 48 01 84 83 -Mail : claim@cabinetalbinet.fr When sending us these details, don't forget to give us: your full address, your telephone number, the name of your letting agency, your letting reference number, the start and ending dates of your stay.

4.2 What are the consequences of a false declaration?
When they affect the subject of the risk or lessen our opinion:
- Any reticence or declaration which is intentionally fraudulent by you will render the policy null and void. The premiums paid remain our property. We will be entitled to demand payment of outstanding premiums
- Any omission in inaccurate declaration by you whose bad faith cannot be established shall terminate the policy ten days after notification sent to you by registered letter and/or application of the reduction in compensation from the French Insurance Code, as stipulated in article L 113.9.

5) WHAT ARE THE LIMITS IN THE EVENT OF AN ACT OF GOD OR OTHER ASSIMILATED EVENT?
We cannot replace local organisations in the event of an emergency under any circumstances.
We cannot accept liability for omissions in the implementation of services arising from acts of god or events such as civil or foreign wars, acknowledged political instability, civil unrest, riots, acts of terrorism, reprisals, restriction in the freedom of circulation of goods and persons, irrespective of the cause, in particular for medical, security and meteorological reasons, limitations on airborne traffic, strikes, explosions, natural catastrophes, disintegration of the atomic core or for delays in the implementation of said services arising from the same causes.
We cannot accept liability for omissions in the implementation of services in the event of delays and/or impossibility in obtaining administrative documents such as entry and exit visas, passports, etc., as required for transportation within or outside the country where you are located or your entrance in the country recommended by our doctors for hospitalisation, nor for any delays in the implementation of such arising from the same causes.

6) WHICH EXCLUSIONS ARE COMMON TO ALL RISKS?
We cannot intervene when your request to apply cover follows:
- A civil or foreign war, riots, civil unrest, acts of terrorism
- Your voluntary participation in riots or strikes, disputes or assaults
- The disintegration of the atomic core or any radiation from an energy source of a radioactive nature
- The use of medication, drugs, narcotics and similar products not medically prescribed or the excessive use of alcohol
- All deliberate acts by you which may result in the application of the policy guarantee.

7) HOW IS PROPERTY DAMAGE COVERED BY THE INSURANCE GUARANTEES ASSESSED?
If damage cannot be established under normal circumstances, it is assessed by means of a joint, non court-ordered assessment subject to our respective rights.
Each party designates an expert. If the experts fail to agree, they refer to a third and all three work together on a majority basis.
Should one of us fail to appoint an expert or the two experts fail to agree on the choice of a third, the appointment is made by the courts with jurisdiction over the location of the claim. The appointment is made upon request signed by at least one of us. The non-signing party is convened to the assessment by registered letter.
Each party meets the costs and fees of his own expert and, where applicable, half of the third expert’s costs and fees.

8) SUBROGATION
After incurring expenses within the framework of our assistance and/or insurance guarantees, we are subrogated in the rights and actions you may have with regard to third parties liable for the claim, as stipulated in article L.122.12 of the French Insurance Code.
Our subrogation is limited to the amount of fees we have incurred to implement this policy.

9) INSURANCE GUARANTEES: WHAT IS THE COMPENSATION TIMEFRAME?
For insurance guarantees, payment will occur within fifteen days from the approval between us or the executive court ruling.

10) WHAT ARE THE LIMITATION DEADLINES?
As per articles L114-1 and L114-2 of the French Insurance Code, all actions concerning this policy shall be limited to within two years effective from the event which caused them.

II. SUMMARY TABLE OF GUARANTEES

CANCELLED TRIP
- Illness, accident or death
(including relapse of prior ailments and pregnancy complications)
- Property damage at home or in professional premises
- Redundancy of insured or insured’s partner
- Cancellation by beneficiary accompanying party

Maximum guarantee amounts :
Payment on account + balance due, limited to 15 000€

INTERRUPTED TRIP
- Reimbursement of land-based services not used in the event of medical evacuation or early return

Maximum guarantee amounts : Unused portion of cost limited to 15 000 €

RESORT LIABILITY
- Bodily injury and property damage following fire, explosion, water damage - Maximum guarantee amounts : Limited to 1 525 000€.
- Movable and real estate damage for owner of leased premises - Maximum guarantee amounts : Limited to 2 500€ with a deductible of 75€.

NON-COMPLIANCE OF THE PROPERTY RENTED
Refusal by tenant to occupy premises following non-compliance of such
Maximum guarantee amounts: Money retained by owner / 75€ per person and limited to one night

COVER FOR FINANCIAL LOSS RESULTING FROM DISHONEST OR FRAUDULENT ACTION
Lease fraudulently ensured
Hotel fees incurred on the site of the rental

Maximum guarantee amounts  : 
Refund of all sums paid by the reserving party thus defrauded which were retained by the owner
75€ per person and limited to one night


Duration of assistance guarantees limited to three consecutive months.
(1) First class train ticket or economy class airline ticket (2) Taxi costs at departure and arrival

III. DESCRIPTION OF GUARANTEES

HOW THE COVER WORKS
Cover under an Adar insurance policy is obtained on the simultaneous signature of the short term rental contract or within a maximum period of 10 days and payment of the premium to ADAR indicated in this contract, or in a separate application form, the rent laid down in the contract serving as the basis for any indemnity. Additional services, such as transport may come under this insurance in as much as they are linked to the rental booking and the premium also reflects these services.
If the rental contract covers several families, each is covered for its share; the rental contract is not cancelled and in such a situation, insurance cover relates to the arithmetical share of the family concerned. It is the responsibility of the signatory to the rental contract to provide the intermediary with the names of the co-beneficiaries.

CANCELLATION
1) GUARANTEES
The Insurer guarantees to reimburse the Insured sums paid as a deposit and the balance owing where cancellation of a holiday occurs for the following events, up to a limit of 15 000€ per claim whatever the number of beneficiaries

IN WHICH CASES DO WE INTERVENE?
We intervene on the grounds and under the circumstances stipulated herein under and exclusive of all others:
Serious illness, serious accident or death (including aggravation of prior illnesses and after-effects of prior accidents) of the following parties:
- The policyholder, his/her de jure or de facto spouse (including common law partner or bound by a civil relationship) or any other person designated on the registration slip with this policy and who is taking part in the aforesaid rental.
- His/her ascendants or descendants and/or those of his/her spouse or those of the person designated on the registration slip with this contract and who is taking part in the aforesaid rental.
- His brothers, sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law;
- His/her professional replacement, subject to his/her name being indicated when registering for the stay;
- The person who, during the stay, is in charge of:
- caring for the policyholder’s nonage children (minors), subject to his/her name being indicated when reserving the stay;
- caring for a disabled person, subject to this person living in the same household as the policyholder, that he/she is the legal guardian, and that his/her name is indicated when reserving the stay.

Complications arising from pregnancy before the seventh month
- Resulting in the absolute cessation of all professional activity

Vaccination contra-indication

Redundancy owing to economic factors
- Incurred by you
- Incurred by your partner
With the decision unknown when you booked your trip or took out this policy.

Summons before a court solely in one of the following cases:
- Jury member
- Adoption procedure
- Appointment as legal expert
The summons date must match the period of your trip.

Convocation to re-take an examination
Following failure not known when booking the trip (higher education only), with the said examination taking place at the same dates as your trip.

Destruction of professional and/or private premises
At over 50% following a fire, explosion or water damage.

Theft in professional or private premises
The extent of the theft must require your presence and take place in the 48 hours preceding your departure.

Issue of employment by the French ANPE job centre or of an ANPE training course
Beginning before or during your trip.

Transfer or change in paid leave dates by the employer
(you remain liable for a 20% excess) issued before registering for the trip, excluding the following social and professional classes listed herein after: heads of companies, liberal professionals, self-employed workers and contract workers in the entertainment industry.

Visa refusal by country authorities
No request must be made in advance and refused by the said authorities for the country in question. Documentary proof issued by the embassy shall be required.

Theft of identity card or passport
On the day of departure if said documents are vital for your trip.

Attacks
Guarantee acquired if an attack occurs in 48 hours preceding the trip within a radius of 100 km from the resort location.

PREVENTION FROM GOING TO THE PREMISES CONFIRMED BY THE COMPETENT AUTHORITIES
Prevention of the insured from getting to the resort by road and rail on the day they are due to take possession of the rented accommodation and in the forty eight hours following, due to roadblocks or strikes directly affecting the traffic, confirmed by the Mayor of the commune where the holiday residence is situated.

THE COMPETENT AUTHORITIES BAN ACCESS TO THE RENTAL SITE
If the Insured is forced to cancel or abandon his/her holiday in the 48 hours preceding or following the contracted date the rental starts as a result of the non-availability of the accommodation due to pollution, flooding, fire, event of nature or epidemic. These risks will be considered as having occurred under the terms of this contract when the site is rendered completely inaccessible for a radius of five kilometres from the accommodation by decision of the communal or prefectoral authorities during the period of rental that has been insured.

THE OWNER’S DEFAULT FOLLOWING CANCELLATION ON HIS/HER PART
If all the following events occur:
- the owner cancels the rental because the property has been made unusable following an exceptional event, such as fire, storm, water damage or other natural event;
- the owner refuses to refund the tenant his/her deposit and all the sums which he/she has paid, due to financial default;
The Insurer covers the Insured for the sums paid and reserves the right to pursue action against the defaulting owner.

2) EXCLUSIONS
In addition to the exclusions stipulated in the GENERAL OBSERVATIONS appendix, we cannot intervene under the circumstances stipulated herein under:
- Cancellation caused by a person hospitalised when booking your trip or taking out this policy
- Voluntary suicide and while sound in mind
- Complications from pregnancy when the person is more than seven months’ pregnant upon departure
- Illness requiring mental treatment or psychotherapy including nervous breakdowns which did not require hospitalisation for at least five days at the time at which your trip was cancelled
- Forgetting vaccinations
- Accidents resulting from participation in the following sports: bobsleigh, rock-climbing, skeleton, mountain climbing, competition tobogganing, all airborne sports, as well as accidents arising from participation or training in matches or competitions
- Failure to provide documents which are vital for the trip irrespective of the cause, such as passports, visas, travel documents or vaccination log except in the event of theft of the passport or ID card on the day of departure
- Illnesses or accidents which have already been noted, relapses, aggravation or hospitalisation between the date of purchase of your trip and the date at which you take out this policy.

3) HOW MUCH COVER DO WE GUARANTEE?
We will cover the cancellation fees incurred on the day of the event which may be covered, in accordance with the General Conditions of rental, with the maximum and excess indicated in the Table of Sums Insured.

4) HOW SOON SHOULD YOU REPORT THE CLAIM?
You should immediately inform the distributor, the owner, as well as the Albinet firm, within five working days following the covered event.
If the above requirements are not fulfilled and you cancel your trip at a later date, we are entitled to reimburse cancellation costs only with effect from the first occurrence of the illness or accident prompting the cancellation.

5) YOUR OBLIGATIONS IN THE EVENT OF A CLAIM
- Your declaration must include:
- In the event of illness or accident, a medical certificate stipulating the cause, type, seriousness and foreseeable consequences of the illness or accident, as well as a copy of the sick notice and photocopies of prescriptions with medication stamps and any analyses or examinations made
- In the event of being made redundant owing to economic factors, a copy of the redundancy notice and of the job contract
- In the event of complications in pregnancy, a copy of the pre-natal examination report and of the sick notice
- In the event of death, a copy of the death certificate and civil status form
- In other cases, all documentary proof.

The medical certificate must be included without fail in a sealed envelope sent to our physician advisor.
Accordingly, you must relieve your doctor from his medical confidentiality undertaking with regard to the Company doctor. The same applies to the doctor treating all other persons whose illness or accident has prompted the policy guarantees. Failure to do so may result in forfeiture of your entitlement to compensation.

You must also send us all information and documents requested from you in support of your cancellation and in particular:
- Statements from the Social Security system or all other similar organisations concerning the reimbursement of treatment costs and payment of daily compensation
- The original of the lease invoice if a professional was involved in the transaction
- The number of your insurance policy
- The lease contract issued by the owner
- In the event of an accident, you must stipulate the cause and circumstances and provide us with the names and addresses of the liable parties and, if possible, of witnesses.

Furthermore, you must allow access for the company’s medical inspector. If you object without valid grounds, you may lose your guarantee rights.
- Addresses of liable parties and, if possible, of witnesses.

The cancellation guarantee may not be combined with cover for financial loss resulting from dishonest or fraudulent action.

INTERRUPTED STAY
1) GUARANTEES
We guarantee, in the prorata temporis in the limits appearing in the picture(board) of the amounts of guarantees, the payment of a compensation(allowance), when your stay is interrupted for one of the following motives:
· if a close relative (your spouse, an influence, a descendant of yourself or your spouse) is
Hospitalized or die, or if one of your brothers or sisters dies and, if therefore, you have to interrupt your stay,
· if a disaster (burglary, fire, water damage) arises in your Place of residence and what it requires necessarily your presence, and what of this fact you had to interrupt your stay.

2) MAXIMUM GUARANTEE AMOUNTS
Compensation is proportional to the number of travel days not used up and the number of persons who have left the trip location.
Compensation is reimbursed to the extent of the limits stated in the table of guarantee amounts per insured person, but which shall not exceed the ceiling per event.
Compensation is calculated with effect from the day after the date of the event (medical evacuation, early return) which caused it.

3) YOUR OBLIGATIONS IN THE EVENT OF A CLAIM
After your medical evacuation or early return organised by us, you must file your request for reimbursement of services not used as a result of the interruption.

RESORT LIABILITY
1) GUARANTEE
1.1 Tenant’s Legal Liability:
Following fire, explosion, water damage, or frost occurring in the premises, we cover the financial consequences of tenants’ or occupants’ legal liability, in accordance with articles 1732 to 1735 and 1302 of the Civil Code, for damage caused to furniture and property belonging to the owner of the rented accommodation, experts’ fees and travel or replacement expenses, as well as the costs of rehousing made necessary following a covered event.
The Insurer also covers the financial consequences, loss of rent and loss of use suffered by the owner. This cover is limited to a maximum of €1,525,000.

1.2 Neighbours’ and Third Parties’ Legal Recourse:
Following fire, explosion, water damage, or frost occurring in the premises, we cover the financial consequences of tenants’ or occupants’ legal liability that they may incur, in accordance with articles 1382, 1383 and 1384 of the Civil Code, for any damage caused to neighbours and third parties and for which the abovementioned tenant’s legal liability cover has come into play.

1.3 Sundry Damage:
We cover the financial consequences for civil liability which the tenant or occupants may engage, in accordance with articles 1382, 1383 and 1384 of the Civil Code, for damage caused to furniture and property. This cover is limited to a maximum of €2,500 subject to deduction of the straight deductible of €75.

2) EXCLUSIONS
In addition to the exclusions stated in the GENERAL OBSERVATIONS appendix, we cannot intervene under the circumstances stipulated herein after:
- Any losses not involving the tenant's civil liability.
- Any losses to the Tenants property.
- Intentional damage or damage resulting from cigarette burns or from any other type of smoking.
- Damage caused by domestic animals that are the responsibility of the insured.
- All damage due to damp, condensation, mud or smoke.
- Breakdown of equipment available for use by the insured.
- Damage caused to lamps, fuses, lighting tubes, cathode tubes, semiconductors, heating elements and electric blankets.
- The cost of repair, unblocking or replacement of pipe work, taps and fittings attached to water and heating installations.
- Theft of articles left in the courtyards, terraces or gardens.
- Theft of articles left in common areas available for use by several tenants or occupants, except where breaking and entering has occurred.
- Theft or loss of keys to the accommodation.
- Losses occurring while the premises containing the insured articles are wholly occupied by third parties other than the tenant, his employees or people there with his permission.
- Losses as a result of use not in compliance with the rental contract.
- The consequences of contractual undertakings to the extent that they exceed those required of the beneficiary by law.

3) OBLIGATIONS IN THE EVENT OF A CLAIM
3.1 TRANSACTION – ACKNOWLEDGEMENT OF LIABILITY
No acknowledgement of liability and no transaction you may have accepted without our approval can be applied to us. However, acceptance of the events’ occurrence is not deemed acknowledgement of liability, nor the sole fact of having provided a victim with urgent aid when such is the assistance action which all persons are entitled to undertake.

3.2 PROCEEDINGS
In the event of proceedings instigated against you, we will ensure your defence and direct the case with regard to the facts and damage to which the guarantees stipulated in this policy are applicable.
However, you may join our approach insofar as you can evidence specific benefits not covered by this policy.
The act of ensuring your defence as a protective measure may not be interpreted as acknowledgement of guarantee and does not imply in any manner that we would accept to cover damage not guaranteed by this policy.
We do, however, retain the right in this case to instigate proceedings against you to obtain reimbursement of all amounts we have paid or set aside for you.

3.3 RECOURSE
With regard to means of recourse:
- Before civil, commercial or administrative courts, we are free to exercise such within the framework of this policy
- Before criminal courts, recourse may be exercised only with your approval
- If the dispute no longer concerns civil interests, your refusal to give your approval to exercise the means of resource in question shall entitle us to claim compensation from you equal to the injury which would result for us.
You cannot oppose the exercise of our recourse against a liable third party if such is covered by another insurance policy.

3.4 FORFEITURE INAPPLICABILITY
Even if you fail to honour your undertakings after a claim, we are required to compensate the persons with regard to whom are you are liable.
We do, however, retain the right in this case to instigate proceedings against you to obtain reimbursement of all amounts we have paid or set aside for your case.

3.5 COURT COSTS
We meet all court costs, receipts and other settlement costs. However, if you are found liable for an amount exceeding that of the guarantee, each of us will incur the said costs in the proportion of the respective share of the court ruling.

GUARANTEE NON-COMPLIANCE OF THE LEASED PREMISES
1) GUARANTEES
EUROP ASSISTANCE covers the Policyholder for the refund of any sum spent by him/her for the rental contract, after deducting the amount for taking out the cover in this policy, limited to the rental’s General Conditions of Sale, following refusal to occupy the rented accommodation as a result of substantial non-compliance with the description made on the Distributor’s website.

The term ‘tangible non-compliance’ must be understood as:
- Defects of such an extent and duration that occupancy under normal usage conditions is impossible
- Goods or services of facilities attached to the lease and listed in the announcement constitute a genuine added value to such and which were decisive in the Beneficiary’s choice:
- the lack of such, as noted when entering the premises on the first day of the lease
- the inability to operate, as noted when entering the premises on the first day of the lease.

2) COVER FOR HOTEL FEES
- When a claim occurs that is the result of a non-conformity, as it is defined in the guarantees (Article 1) and which results as such in coverage by Europ Assistance, we shall reimburse you for the hotel fees incurred for the day the rental was initially scheduled.
- This coverage is limited to the reimbursement for one night, upon presentation of the original documents up to the amount indicated in the cover table.

3) EXCLUSIONS
In addition to the general exclusions attached, the following are excluded from ‘non-compliance’ guarantees as defined in this appendix: refusal to take possession of leased premises arising from or on the grounds of:
- A minor defect in relation to the description in the announcement and in particular, without being exhaustive, differences to the extent of:
- An orientation of the building of less than 30°
- An overall habitable surface area of less than 10%
- An overall garden surface area of less than 20%
- A distance in relation to services associated with the lease of less than 40%
- A temporary defect (i.e., lasting less than 20% of the overall scheduled duration) in the leased premises or attached services
- A fraud perpetrated by the leaseholder, i.e., all bookings granted by such which use a fictitious name or description and by means of fraudulent manoeuvres with the general aim of making the victim believe in the existence of an inexistent leased property or property belonging to someone else
- Indirect losses, loss of opportunity, loss of custom, contractual penalties
- Leases agreed by persons related to each other to any degree.

4) OBLIGATIONS IN THE EVENT OF A CLAIM
4.1. PROCEDURE FOR REPORTING A CLAIM
To benefit from this cover, the Insured or his/her assignees must immediately inform the Albinet firm and the distributor verbally, and in writing within 72 hours of his/her arrival and of his/her refusal to take possession of the premises rented, with the reasons explaining his/her action.
Under forfeiture of the right to claim, except under exceptional circumstances or force majeure, the Insured or his/her assignees must inform the Albinet firm about his/her refusal to take possession of his/her rented accommodation within 72 hours, with the specific reasons explaining his/her action, by registered post with return slip.

Subsequently, the Policyholder or his/her assignees must send the Albinet Insurance Brokerage Firm, directly, or through the distributor:
- the original of the initial invoice paid, raised when registering the rental reservation, highlighting the registration date;
- a copy of the advert posted on the distributor’s website and any potential photographs of the property rented;
- the inventory and report of the state of repair of the premises, photographs, statements and any other document which enables the Insurer to conclude that there is substantial non-compliance.
- E-mail or postal contact details of the owner.

4.2. RECIPIENT OF COMPENSATION
Refund of the rental amount will be made solely to the Policyholder or his/her assignees, to the EXCLUSION of any other individual or corporate entity.

4.3. CALCULATION OF THE REFUND
With documents serving as proof, the sums (deposits and/or balance) paid or due by the Policyholder to the Distributor or the person renting out, and retained by these parties, shall be refunded, limited to the price originally set in the advert for the duration of the stay in question, and this being limited to a ceiling indicated in the Table of Sums Insured.
Any request to cover the consequences of refusing to take possession of the rented property which does not comply with the stipulations set forth in this chapter will lead to forfeiture of any right of refund.

4.4 SUBROGATION
EUROP ASSISTANCE is subrogated to the rights and actions of parties compensated as part of “NON-COMPLIANCE” cover, limited to the amount of the sums paid out, against any third party liable for the event which caused this cover to take effect.

COVER AGAINST DIRECT FINANCIAL LOSS RESULTING FROM DISHONEST OR FRAUDULENT ACTION

1) GUARANTEES
Within the limits shown in the table of excesses and sums insured, we cover you for the refund of sums which you have paid for renting a property through a website.
Our cover only comes into effect when you can neither take possession of the rented accommodation, nor be refunded for the sums paid and which have been debited from your account, despite steps you have taken in this regard, subject to the following:
- You have a lease agreement signed by the owner or apparent representative of such
- You file a complaint concerning the dishonest or fraudulent action with the appropriate authorities; failing this, you have immediately carried out all the administrative and/or legal formalities which are required by them.
- You provide the proof that the sum has been debited (bank statements and certified copy of the cheque cashed in and provided by the bank or copy of the representation, etc.)
- The amounts you have paid were not paid in cash
- The banking institution issuing the means of payment has not reimbursed you or is in the process of reimbursing you.

2) COVER FOR HOTEL FEES
When a claim occurs that is the result of a non-conformity, as it is defined in the guarantees (Article 1) and which results as such in coverage by Europ Assistance, we shall reimburse you for the hotel fees incurred for the day the rental was initially scheduled.
This coverage is limited to the reimbursement for one night, upon presentation of the original documents up to the amount indicated in the cover table.

3) EXCLUSIONS
In addition to the exclusions shared by all guarantees, the following are also excluded:
- All bookings, advance payments, deposits or payments made after you have been informed by the distributor of a suspected fraud
- Bookings concerning announcements for leases the content of which established clearly that the beneficiary of said deposit or advance paid had not right or authorisation to publish the announcement
- All circumstances which affect only the pleasure of your leased property
- Deposits or advance payments not reimbursed by the owner as a result of an omission by you to honour the rules established with the owner and stipulated in the lease agreement
- All requests for reimbursement concerning transportation costs including fuel and incurred by you to travel to the leased premises
- Cancellation of your trip as a result of an action by the owner before your departure who reimburses the amounts paid as per your lease contract within 30 days of notification of cancellation
- All bookings made prior to registering as a member of the distributor.

4) OBLIGATIONS IN THE EVENT OF A CLAIM
You must file a criminal complaint with the competent authorities; in the absence of filing a complaint, immediately carry out the administrative and/or legal formalities which are required by them.
You affirm that you have not received partial or total refund from the advertiser or any other organisation, and you undertake to return to us any potential refund made subsequent to reporting the claim.

5) PROCEDURE
5.1. IMMEDIATE INFORMATION
To benefit from this cover, the Insured or his/her assignees must immediately inform the Albinet firm, as well as the publisher verbally, and in writing (fax on + 33 1 48 01 84 83) or e-mail (claim@cabinetalbinet.fr) within 72 hours of finding out about the fraud or on any suspicion of fraud.
Supplementary to the provisions set out in this notice of Important Information and subject to forfeiture of the right to claim, the Insured must take all required measures to prevent any further repercussions of the offence and limit the size of the claim.

5.2. REPORTING A CLAIM TO THE ALBINET FIRM
The Insured must send his notification of claim by post as stipulated in article 5.2 (page 6 of this notice of Important Information).

5.3. DOCUMENTS TO PROVIDE
- The receipt for filing your complaint or any other similar action is to be provided as soon as possible, and no later than eight days after it has been lodged;
- A copy of the lease agreement signed by the owner or his/her apparent representative;
- Any documents proving your payments made for reservation and their being credited to the owner;
- You undertake to send us upon request any additional document which we deem helpful in processing the file;
- E-mail or postal contact details of the owner.
If you knowingly use as documentary evidence inaccurate documents or use fraudulent means or make inaccurate or hesitant declarations, you shall forfeit any right to compensation.

6) REFUND METHOD
Refund of the rental amount shall be made solely to the Policyholder or his/her assignees, to the EXCLUSION of any other individual or corporate entity.

7) MAXIMUM GUARANTEE AMOUNTS
Compensation is reimbursed to the extent of the limits stipulated in the guarantee amount table.

8) SUBROGATION
As stipulated in chapter 9 of section II GENERAL OBSERVATIONS in this notice of information:
After incurring expenses within the framework of our assistance and/or insurance guarantees, we are subrogated to rights and actions which you may instigate against third parties liable for the claim, as stipulated in article L.122.12 of the Insurance Code.
Our subrogation is limited to the amount of the expenses we incurred to implement this policy.

IV. SUMMARY OF DOCUMENTS TO PROVIDE

How to Obtain Compensation for an Insurance Claim

Your declaration must be sent to the ALBINET, at the following address:
Cabinet Albinet, 5 Cité de Trévise, 75009 Paris OR by email claim@cabinetalbinet.fr

In all cases, when making a declaration, provide a copy of the rental contract, duly signed and dated. If the person who is making the cancellation does not have the same surname or is not party to the rental contract, enclose an extract from the family record book or any other document proving family connection.

Documents to Provide in the Event of Cancellation of the Stay:
1. In the Event of Illness
- Medical certificate and/or certificate of hospitalisation corresponding with the rental dates. If necessary: diagnosis, medical prescription, treatment, etc. (Originals.)
- Original medical leave form and extension, if necessary. (Copy.)
2. In the Event of Death:
- Original death certificate.
3. In the event of redundancy, change of employer’s holiday dates, transfer, obtaining a job or a paid training course provided by the ANPE (job office), refusal of visa.
- Confirmation from the employer which attests to the economic nature of the layoff. (Original.)
- Letter from the employer attesting to the change in holiday dates. (Original.)
- Letter from the employer attesting to the transfer. (Original.)
- Letter confirming registration at the ASSEDIC (for French tenants).
4. In the event of legal or administrative summons:
- Document confirming the summons.
5. In the Event of Pregnancy:
- Certificate confirming the date the pregnancy started;
- Medical certificate or certificate of hospitalisation.

Documents to Provide in the Event of Termination of Stay:
The same documents as for cancellation of stay, specifying the date of departure from the rented accommodation.
Documents to provide in the event of Material Damage: (policy with an excess of €75).
- Detailed tenant declaration, failing this, a copy of the inventory and report of state of repair on arriving and leaving.
- Quotation and/or bill for purchase of the damaged item. (Original.)
Documents to provide in the event of water damage, fire, explosion (policy with an excess of €75).
- Water damage: accident report, quotation (if one exists)
- Fire, explosion: declaration made on a separate sheet of paper regarding the damage sustained, circumstances, date, whether the fire brigade intervened or not and whether there were casualties, awaiting the report by the fire brigade.
Documents to Provide Regarding Cover for Non-Compliance of the Property Rented.
- the original of the initial invoice paid, raised when registering the rental reservation, highlighting the said date;
- copy of the advert which came out on the publisher’s website and any potential photographs of the rented property;
- the inventory and report of state of repair, photographs, statements and any other document enabling the Insurer to conclude substantial non-compliance;
- E-mail or postal contact details of the owner.
Steps to take and documents to be provided for cover regarding fraudulent transaction
- The distributor must be immediately informed verbally and in writing (fax, etc.), and a complaint must be lodged with the competent authorities, a copy of which is to be sent to the Insurer as soon as possible, and no later than eight days from filing the complaint.
- In the absence of filing a complaint, immediately carry out the administrative and/or legal formalities which are required by the competent authorities and inform the Insurer as soon as possible and no later than eight days from fulfilling the formalities;
- Any documents proving your payments made for reservation and their being credited to the third party;
- Any additional documents helpful in processing the file which may be requested of you;
- E-mail or postal contact details of the owner.

For all foreign clients: full bank account details from the financial establishment (IBAN or BIC).

​Cabinet ALBINET, public limited company with a capital of 250 000 €
RCS PARIS - B 582 136 289 - Code NACE 6622Z –
TVA : FR 24 582 136 289 00029
Numéro d’immatriculation ORIAS (www.orias.fr) : 07 000 044





GENERAL CONDITIONS FROM 01/07/2018 UNTIL 11/11/2018

GENERAL CONDITIONS (CG ALNV 08/2017) SKIPPER® CONTRACT n° EVT20171312, INSURANCE OF NAUTICAL LEISURES AND JOURNEY, AS INFORMATION NOTICE IN CONFORMITY WITH THE ARTICLE L 141-4 OF THE INSURANCE CODE.


Skipper® : Contract subscribed by Groupe C.S.A - Le Petit Pays – Montagnole – BP 80515 – 73005 Chambéry Cedex
Phone number : +33.(0)4.79.69.33.65 – Fax : +33.(0)4.79.96.07.09 
Email: contact@skipper.fr - Website: www.iskipper.fr
Groupe C.S.A. with a capital of 7.622,45 €
Le Petit Pays Montagnole BP 80515 - 73005 Chambéry Cedex
RSC Chambéry B390408805 – Financial guarantee and civil responsability professional certified to articles L530-1 and L530-2 of the Insurances Code.
Registration number to the Unique Intermediate of Insurance (ORIAS) : 07 009 182

With Groupe Special Lines on behalf of : 
Groupama Rhône-Alpes Auvergne. Caisse régionale d’Assurances Mutuelles Agricoles de Rhônes-Alpes Auvergne - 50 rue de Saint-Cyr - 69251 Lyon cedex 09 - N° de SIRET 779 838 366 000 28. Company regulated by the French Insurance Code and subject to the French Prudential Supervision and Resolution Authority (ACPR), 61 rue Taitbout – 75009 Paris.


French shall be the only language used for the understanding and enforcement of the full text of the general and special terms and conditions of this contract.
 
 
LEXICON

ACCIDENT 


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. 
The following are not regarded as accidents :
- Ruptured aneurysm, myocardial infarction, cerebral embolism, epileptic seizure, meningeal hemorrhage, unless otherwise specified in Specific Conditions. 


THESE EVENTS MUST, ON MEDICAL PRESCRIPTION, FORBID TO LEAVE THE ROOM, FORBID TAKING PART OR CONTINUING THE TRIP.


AGGRESSION


Murder or attempted murder, assault or duly established threats.

BENEFICIARY


The beneficiary is the person who receives the sums owe by the Insurer.


Beneficiary for all coverage, (except in the event of the Insured’s Death):


The Insured victim of the accident.


Beneficiary in the event of the Insured’s Death:


Unless another person is appointed with the agreement of the Insured:
- if the INSURED is married: his/her spouse not legally separated due to his/her wrongdoings, nor divorced, failing this his/her children born or unborn, living or represented,
and failing this his/her heirs,
- if the INSURED is a signatory of a French civil solidarity pact (PACS), his/her partner, failing this his/her heirs,
- if the INSURED is widowed or divorced: his/her children, failing this his/her heirs,
- if the INSURED is single: his/her heirs


ANY PERSON WHO INTENTIONALLY CAUSED OR PROVOKED THE LOSS IS EXCLUDED FROM THE COVERAGE.

BENEFITS


Payment made by the Insurers following a claim in performance of the contract. The rules for calculating the benefits are set according to the special agreements, the annexes and the specific conditions.

BREAKING AND ENTERING


Any forcing, breaking, degradation, demolition, removal of walls, roofs, floors, doors, windows, locks and padlocks.

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.

CLAIM


All damages likely to entail the coverage of the Insurers in performance of the contract and resulting from the same covered event.


CODE


This policy is governed by the Insurance Code.
 
CRUISE
 
Tourist trip aboard a pleasure boat. This includes all types of sailboats, barges (Houseboats) and cruise ships.

DAMAGES


Loss or injury of any kind.

DEDUCTIBLE


The amount that remains, in any event, for the Insured’s account out of the benefits due from the Insurer.


ENDORSEMENT


The endorsement is the document whish shows the modification of the reciprocal engagements and resulting of the contract.
 
EXCEEDING DAYS


The exceeding day is the price per day asked by the hirer following an exceeding of hiring time as planned in the lease.

EXCLUSION


Event that is not covered and is considered when setting the rate.
 
FORFEITURE


The Insured loses his/her right to benefits.

ILLNESS

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.


INSURER


Groupama Rhône-Alpes Auvergne. Caisse régionale d’Assurances Mutuelles Agricoles de Rhônes-Alpes Auvergne - 50 rue de Saint-Cyr - 69251 Lyon cedex 09 - N° de SIRET 779 838 366 000 28. Entreprise régie par le Code des Assurances et soumise à Autorité de Contrôle Prudentiel et de Résolution, 61 rue Taitbout – 75009 Paris (y compris pour les prestations d’assistance).


LEASE


The lease is any document fulfilling its purpose of seasonal chartering engagement planning if the case arise, a payment of 30% when signing the lease and the payment of the settlement within four weeks before the departure of the trip including the charter of the boat.


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.


NULLITY


Penalty, which results in denying the existence of all or part of the contract. The contract (or clause) is deleted as if it never existed. If the contract is null and void, the Insurer refunds the premiums (except in cases where the Subscriber is subject to a disloyalty penalty) and the Subscriber reimburses the claims paid. 

POLICYHOLDER


Contract signatory.

PRESCRIPTION


Extinguishment of the right, for both the Insurers and the Insured, to bring to court any action deriving from the insurance contract after a period whose starting point and duration are set by Article L 114-1 of the French Insurance Code.


PREMIUM


Amount paid by the Policyholder in return for the coverage granted by the Insurer.

PRODUCTOR – DISTRIBUTOR – INFORMER


They are represented by any Agency, broker, sailing management company or Tour-Operator who have included water leisure in their services.


RISK


Event likely to cause damage but also, property exposed to this event.


SKIPPER


The skipper is the person named on the application form and the charter lease and/or on the logbook as responsible of the ship and of the crew members. He is the only responsible on board. He must, while enforcing the Shipping Regulation (Merchant Navy Code, Shipping Regulations Code, Orders of the Prefect, Official Forecast Recommendations) bring back the boat within the time limits and to the place agreed.


SUBSCRIBER


The policyholder, the natural or legal person who takes out the insurance contract.


SUBROGATION


Transfer of the Insured’s rights and actions to the Insurers to pursue those who, by their doing, caused him/her compensable damage in performance of the contract.

TERMINATION


Termination of the contract, by decision of the Insurer or Subscriber.

THE INSURED


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.


TRAVEL


The travel represents all the collective activities (for all the members named on the application form) describe on the charter lease, including :
- The return journeys, from the policyholder place residence to the boarding port, by a public service of transport ;
- The stay in transit, on land, before and after the cruise ;
- The cruise from the boarding port to the port of arrival ;

The cruises can be organized by :
- a ship owner
- a charter
- a Tour-Operator

WEAR


Gradual deterioration of a piece, part of a machine or any physical element as a result of its use, whatever the origin and the process of this deterioration (physical or chemical).


 
TITLE 1. THE CONTRACT
 
1.1 Formation and entry into force of the contract
 
The insurance contract is formed as soon as the parties agree. Signed by them, it states their mutual commitment.
The contract takes effect, upon receipt by the Groupe C.S.A. of the signed certificate of membership, together with the settlement of the premium.


1.2 Duration of the Contract
 
The duration of the contract is stipulated in the Specific Conditions.


1.3 Declaration on the conclusion of the contract and during the course of the contract – penalties


The contract is based on the declarations of the policyholder and the premium is set accordingly.


1.3.1. On the conclusion of the contract the policyholder must:


a) precisely answer the questions asked by the Insurer, in particular in the declaration of risk form in which he/she is questioned about the circumstances which may be required by the Insurer to assess the risks they are covering;
b) declare the existence of other contracts taken out with other insurers, covering the same risks for a same interest (simultaneous insurance referred to in Article L121-4 of the French Insurance Code).


1.3.2. During the course of the contract, the policyholder must:


a) inform the Insurer of any new circumstances that have the effect of either aggravating the risks or creating new ones, rendering the answers to the questions mentioned under 1.3.1.a) above inaccurate or invalid.
This declaration must be made, by registered letter, within two weeks from the moment the Insured has become aware of the new circumstances.
When this modification constitutes an aggravation of risk as referred to in Article L113-4 of the French Insurance Code, the Insurer has the option to terminate the contract.
The Insurer also has the option to propose a new premium amount to the policyholder.
If the policyholder refuses the Insurer's proposal or if he/she does not act on it, the Insurer may then terminate the contract.
The Insurer shall exercise their right to terminate under the conditions and within the time limits provided for in Section 4 below.
(b) if he/she enters into contracts with other insurers, covering the same risks for a same interest (simultaneous insurance referred to in Article L121-4 of the French Insurance Code), he/she shall immediately give each insurer the other insurers’ details.
c) inform the Insurer of the recovery or winding up of the Insured by decision of the court, within two weeks of the date of the ruling.


1.3.3. Penalties


Even if they have no influence on the loss:
(a) any intentional misrepresentation or non-disclosure on conclusion of the contract or during the course of the contract, when it changes
the nature of the risk or influencing the Insurers to reduce the risk, is penalized by the nullity of the contract, in compliance with
Article L 113-8 or L 121.3 of the French Insurance Code.
(b) an omission or inaccuracy in the declaration of the circumstances or aggravations referred to in points 1.3.1 and 1.3.2 above, shall not render the contract void if the bad faith of the Insured is not established.
If this omission or inaccuracy is noted before any claim, the Insurer may either maintain the contract for an increase in the premium accepted by the policyholder, or terminate it under the conditions and within the time limits provided for in
Title 4 below.
In the event that the recording takes place after a claim, the omission or inaccuracy is penalized by a reduction of benefits in proportion to the premiums paid compared to the premiums that would have been payable if the risks been declared correctly and completely (Article L113-9 of the French Insurance Code). The rate set as the basis for this reduction is applicable either on the date when the fact should have been brought to the attention of the Insurer if it is an omission, or the date on which the fact was notified to them if it is an inaccuracy.


1.4 Decrease in risk
 
In the event of a decrease in risk during the course of the contract, the Policyholder is entitled to a reduction in the premium amount.
If Insurer does not consent, the Policyholder may terminate the contract under the conditions and within the time limits provided for in Section 4 below.


1.5 Exceptional amendment
 
Depending on the technical or economic circumstances, the Insurer may have to amend the rates applicable to risks covered by the contract, starting from the renewal date regardless of the index rate.
The Policyholder will be notified by notice of payment which will mention the new premium.
The Policyholder may refuse to accept this amendment. He/she will then have to terminate the contract by registered letter addressed to Insurer within two weeks of the date on which he/she became aware of the amendment.
The termination will take effect one month after this letter has been dispatched.
The Insurer will be entitled to the portion of the premium calculated on the basis of the previous rate in proportion to the time elapsed between the maturity date and the effective date of termination.
In the absence of termination, the premium amendment will take effect from the maturity date.


1.6 Transfer of ownership
 
In the event of the death of the Insured or assignment of the insured property: the insurance continues by right to the benefit of the heir or the buyer, unless terminated. The transferor remains liable for the payable premium payments but is released of accruing premiums, even as guarantor, from the moment he/she has informed the Insurer of the assignment by registered letter (article L.121-10 of the French Insurance Code).


 
TITLE 2 – SUBJECT OF THE COVERAGE
 
The present application form aims to guarantee the policyholder, according to the options chosen and appearing on the application form :
 
2.1. GUARANTEE A: CANCELLATION & INTERRUPTION INDIVIDUAL AND /OR COLLECTIVE, SKIPPER REPLACEMENT, RE-CHARTERING :
 
TO SUBSCRIBE NECESSARILY AT LEAST 15 DAYS BEFORE THE DATE OF THE BEGINNING OF THE JOURNEY AND THE RENT


2.1.1. The guarantee of cancellation includes the repayment of the cancellation fees for the travel under guarantee as provided in the charter 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 travel price the member insured has to pay, individually, when he cannot take part in the guarantee cruise.
This guarantee is due only if the hirer has not been able to find another crew member.
2.1.2. The repayment for the individual or collective interruption fees of the cruise, in proportion to the part of the services remained unused, for the travel covered, as planned on the lease, between the beginning and the ending date of the trip, minus the possible cancellation fees.
2.1.3. The repayment to a limit of 100€ per day, for a professional skipper charges as well as his transportation costs (by the cheapest and fastest means of transport) in case of individual cancellation by the skipper named on the application form and if nobody is being able to take his place, the travel would be cancelled.
2.1.4. The payment of an additional re-chartering indemnity equal to 30% of the indemnity paid amount if after a cruise cancellation or interruption the policyholder gathers the three following conditions together :
- A new charter in the same booking company,
- Application to a new lease within 12 months of the cancellation date of the previous lease,
- Signing a new Skipper® cancellation contract.

The additional indemnity for the re-chartering as described above will only be granted after the full payment of the re-chartering.


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,
- A professional impediment due to a modification or a suppression of the dates of vacation of the policy-holder by decision of his employer provided that the notification of the employer is posterior with the effective date of the guarantees other than the following socioprofessional categories: entrepreneurs, liberal professions, craftsmen and intermittent workers.
- A professional impediment moved by obtaining an employment or a training course remunerated starting before or after the dates of hiring, whereas the assured person was registered as unemployed provided that it is not about a case of prolongation or renewal of contract nor of mission provided by a corporation of temporary work.
- The impediment due to a Convocation for a retake exam of the Policy-holder following a failure unknown at the time of the reservation of the voyage (higher education only), the present exam must take place with the same dates as your stay.
- 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.
 
2.2. GUARANTEE A BIS: WEATHER-RISKS, SKIPPER REPLACEMENT, REPAYEMENT FOR EXCEDING HIRING TIME, RE-CHARTING :
 
2.2.1. An indemnity will be paid to the hirer, if, since the first day of his rent, in his starting port, the boat cannot sail following a 8 gale warning. This indemnity will be calculated on the base of the half hiring daily value and that till 3 days with a maximum of 900 €.
2.2.2. The repayment of the replacement fees of the skipper, including transport charges of the new skipper and the convoying of the boat, that is to say the quickest journey to take the boat in charge and continue the cruise if possible. The commitment of the insurance company could not exceed 100 € per day of hiring, from the date the boat is taken in charge by the new skipper to the end of the cruise.
2.2.3. The repayment for exceeding hiring time, on the base of an indemnity equal to the daily value provided for in the lease with a maximum of four days and up to a limit of 800 €.


BECAUSE OF ONE OF THE FOLLOWING REASONS OCCURING ONLY DURING THE CRUISE:
- Death of the skipper,
- Illness of the skipper, unknown when boarding, or an accident happened to him during the cruise,
- Death, illness or accident, in the same conditions, of the wife/husband of the skipper, his parents or descendants, his wife/husband, his brothers and sisters as well as anyone living in his house and not taking part in the cruise,
- Death of the skipper’s son-in-law or daughter-in-law,
- Accidental material damage to the skipper’s property and requesting his absolute presence,
- Material damage to the boat, due to a non deliberate mistake from the skipper and making it unsuitable for sailing (damage as described in article 1).


TO BE GRANTED, THIS GUARANTEE MUST, IN CASE OF ILLNESS OR ACCIDENT OF THE SKIPPER COME WITH A MEDICAL PRESCRIPTION OCCASIONNED TO HOSPTALIZATION OR PREVENTING THE SKIPPER FROM CONTINUING THE CRUISE.


2.2.4. This guarantee will provide the repayment up to a limit of 3.800 € per travel of:

- Search, assistance and rescuing costs, wherever paid, for whatever paid, for whatever insured accident endangering their life,
- Transport and repatriation fees from the place of the accident to the nearest and the most suited hospital.

The sums paid for the present guarantee could not exceed the real costs and come in complement of, if it happened, the sums already paid by any similar cover. The guarantee starts on the beginning of the travel date and is valid during the whole travel.
 
2.3. GUARANTEE B OR C: PROTECTION OF THE DEPOSIT FOR CRUISE, REGATA AND MOTOR BOAT :


If, on returning the hired boat, the hiring company notes one or several damage and therefore keep the policyholder’s deposit, we will take part in the repayment of the sums deducted by the hire company up to a limit of 80% of the hired boat’s deposit and up to 80% of the deposit of the hired boat and for a maximum of 5.000 €.
The chocks and collision on the line departure will be paid to 50% of their value.
This guarantee is exerted after a damage of the hired boat as described in the lexicon and according to the terms of the title 3.5.


2.4. GARANTEE B +: PROTECTION OF THE DEPOSIT FOR CRUISE FOR SAILING BOART ONLY :


If, on returning the hired boat, the hiring company notes one or several damage and therefore keep the policyholder’s deposit, we will take part in the repayment of the sums deducted by the hire company up to a limit of 100% of the hired boat’s deposit and up to 100% of the deposit of the hired boat and for a maximum of 5.000 €.
This guarantee is exerted only and stricly for hired boat.
This guarantee is exerted after a damage of the hired boat as described in the lexicon and according to the terms of the title 3.5.
Are excluded motor boats and hired boats taking part of regatas or competitions.
 
2.5. GUARANTEE D : ASSISTANCE TO THE BOAT :
 
If following damage, the boat is not seaworthy, we take in charge:
- The towing and/or transport costs, to a limit of 500€ per event.
- The accommodation fees up to a limit of 50€ per person and per night, up to a maximum limit of 100€ per person.
Our total commitment on this guarantee should not exceed 40% of the deposit.
 
2.6. GUARANTEE E : PERSONAL ASSISTANCE IN THE WORLD AND GUARANTEE LUGGAGE, PERSONAL OUTFITS AND ITEMS :
 
2.6.1. GUARANTEE LUGGAGE, PERSONAL OUTFITS AND ITEMS


We guarantee to the policyholder, up to a limit of 1.000€ per travel, the repayment of the things taken against any damage and/or thefts.
This guarantee applies to:
- Registered luggage and their contents, with the receipt of a transport company,
- The things or clothes carried separately, or worn.
The guarantee starts from the start travel date and lasts all during the cruise.
LIMIT OF THIS GUARANTEE :
The indemnity in case of guaranteed damage is based on the replacement value of the similar items, minus depreciation due to their use. Cameras, video cameras, radios and television sets and other valuable items are guarantee up to a limit of 30% of the insured “luggage capital”.


2.6.2. GUARANTEE PERSONAL ASSISTANCE IN THE WORLD


This guarantee is conferred by GROUPAMA ASSISTANCE.


IMPORTANT: TO BE GRANTED ALL THE ASSISTANCE GUARANTEES DESCRIBED BELOW, IT IS COMPULSORY TO CONTACT, PRIOR TO ANY INTERVENTION, GROUPAMA ASSISTANCE:
PHONE NUMBER : +33(0)1.45.16.64.85  


IN ORDER TO GET A FILE NUMBER WHICH WILL JUSTIFY THE INTERVENTIONS COVER, ANY FRAUD, FALSIFICATION OR FALSE EVIDENCE WILL AUTOMATICALLY LEAD TO THE NULLITY OF THE GUARANTEE.


In case of illness or corporal accident to the policyholder, immediately after the first call, the GROUPAMA ASSISTANCE medical team gets in touch with the doctor on the spot in order to act in the best suited conditions to the state of health. In any case, the organisation of first aid is supported by local authorities. The costs are not paid back by GROUPAMA ASSISTANCE.


Accompaniment during the transport or the repatriation of the policyholder works when GROUPAMA ASSISTANCE decides the transport to a better specified or equipped medical centre or, if it is abroad, to the nearest medical centre from his/her usual living place in European Union.
GROUPAMA ASSISTANCE organises and manages his/her evacuation to the seriousness of his/her state of health by:

- 1st class train, couchette or sleeping car,
- Hospital vehicle,
- Ambulance,
- Scheduled airliner, economy class,
- Hospital aircraft.


Repatriation from faraway countries will only take place on scheduled aircrafts, with special conversions if necessary. If needed, GROUPAMA ASSISTANCE organises and pays for medical transport when the policyholder is in health conditions to leave the medical centre, to his home in European Union, by the most suitable means according to GROUPAMA ASSISTANCE’s doctors. GROUPAMA ASSISTANCE’s doctors decide the kind of transport and the means to be implemented in accordance with the medical and technical requirements.


Accompaniment during the transport or the repatriation of the policyholder : when taken in charge by GROUPAMA ASSISTANCE, according to the conditions enumerated above, GROUPAMA ASSISTANCE allows another insured person to accompany the policyholder provided the accompanying person travels with him/her on the same ticket.
Repatriation of the policyholder’s corpse: if death happens during the travel, the transport of the corpse to the burial place in European Union is organised and paid by GROUPAMA ASSISTANCE. The coffin shall also be paid by GROUPAMA ASSISTANCE, up to a maximum of 500€. GROUPAMA ASSISTANCE is the only one to choose the companies used for the repatriation (funeral parlour, Transport Company…). All the other expenses (burial, funeral services…) shall not be reimbursed.

Repayment of the medical costs abroad: to implement the law in use, this repayment is a complement to the repayment the policyholder (or the part entitled) has already received from the social organisms the policyholder can benefit or any other provident society to which he complement the payment of these costs to the policyholder when is back to home, on presentation of all the original described above. The policyholder undertakes to do all the required procedures to obtain the repayment of his costs by these societies.


The following costs are repaid by GROUPAMA ASSISTANCE, up to a limit of 3.800 € and minus a franchise of 23 € excess (these arrangements concern the costs paid after an accident or an unpredictable illness that have occurred during the travel):

- Medical and hospitalization fees ;
- Medicines prescribed by a doctor or a surgeon ;
- Dental treatment, up to a limit of 50 € ;
- Local ambulance costs ordered by a doctor, local journey.


Return ticket for one of the policyholder’s relatives : if his health condition does not allow or does not require a repatriation, and if the stay in hospital on the spot should last more than 10 days, GROUPAMA ASSISTANCE offers free of charge return ticket on a plane in economy class, or on a first class train, to one of his relatives, living in European Union, to go to support him. Only the transport will be paid by GROUPAMA ASSISTANCE (not the stay or the hotel).
Early return in the event of the death of one of the policyholder’s relatives: in case of the death of one of the following persons, living in European Union (father, mother, parents-in-law, wife or husband, children, brother or sister), a one way ticket by plane, economy class or by first class train is at the policyholder’s disposal, from GROUPAMA ASSISTANCE, to attend the funerals at the burial place in European Union.


DIVERS ASSISTANCES 


Legal aid abroad: if the insured person is imprisoned or threatened to be imprisoned after a road accident, a lawyer shall be appointed and paid by GROUPAMA ASSISTANCE, up to a limit of 800 €.
Bail in a foreign country up to a limit of 7.600 €.
If the policyholder is imprisoned or threatened to be imprisoned after a road accident, GROUPAMA ASSISTANCE lends the bail. The policyholder has got 3 months to pay the sum back to GROUPAMA ASSISTANCE, from the date of the loan.
If the local authorities repay for the bail before the third month, the sum should immediately be reimbursed to GROUPAMA ASSISTANCE. If the policyholder is summoned to appear in court and does not show, GROUPAMA ASSISTANCE will immediately demand the repayment of the bail. If the bail is not repaid within three months, legal action should be taken.
Passing on urgent messages: messages or news from the policyholder to anybody remained in France, could be passed on by GROUPAMA ASSISTANCE, by the quickest ways and free of charges, if the policyholder wishes so.
Usually, the passing messages on somebody are subject to:

- A justification of the demand,
- A message in clear terms,
- The exact name, forename, full address and if needed the telephone number of the person to be contacted.
Any text entailing a civil, commercial of financial liability is passed on under the policyholder’s responsibility.


2.6.3. GUARANTEE LIMIT


When repatriation or a transport is organised by GROUPAMA ASSISTANCE, and if because of the event under guarantee GROUPAMA ASSISTANCE does not need to change the return date previously planned by the policyholder, of if the dates on the ticket can be changed, GROUPAMA ASSISTANCE can ask the policyholder to use his ticket. If not possible, and when GROUPAMA ASSISTANCE has paid for the policyholder repatriation: the insured person has to give GROUPAMA ASSISTANCE the unused ticket.
 
2.7. GUARANTEE F  : INDIVIDUAL MARINE PROTECTION :
 
In case of guarantee accident by this contract, we reimburse the policyholder or his/her beneficiaries up to a limit of the following amounts:

- Decease : 50.000€
- Disability : 150.000€
- Medical fees : 1.000€
- Day indemnity : 120€


The day indemnity can only be paid to the policyholder who has a wage-earning professional activity and be stopped of work by decision of a doctor or to the policyholder who has a non-wage-earning professional activity and being hospitalized or has to keep staying the room by medical prescription. In any case, the adding indemnity versed to the one the policyholder could have from the social security or any insurance organism is limited to the real income of he. This daily indemnity will be paid after a stoppage of work up to 30 days and for a last of maximum 365 days.
In case of death, we guarantee the above capital to the limit of 24 mounts, starting from the day accident. The complete or permanent disability is paid to the policyholder by the insurance company according to the following rates specified by the disability degree. This guarantee lasts until the end of the insurance year during which the policyholder is 70 years old and for the accidents that have happened worldwide. The scale used to calculate the disability degree is at your disposal at Groupe CSA’s address.
 
2.8. GUARANTEE CANCELLATION OF AIRPLANE TICKETS :
 
TO SUBSCRIBE 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 airplane tickets under guarantee as provided in the 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 travel price the member insured has to pay, individually, when he cannot take part in the guarantee cruise.
This guarantee is due only if the hirer has not been able to find another crew member.


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,
- A professional impediment due to a modification or a suppression of the dates of vacation of the policy-holder by decision of his employer provided that the notification of the employer is posterior with the effective date of the guarantees other than the following socioprofessional categories: entrepreneurs, liberal professions, craftsmen and intermittent workers.
- A professional impediment moved by obtaining an employment or a training course remunerated starting before or after the dates of hiring, whereas the assured person was registered as unemployed provided that it is not about a case of prolongation or renewal of contract nor of mission provided by a corporation of temporary work.
- The impediment due to a Convocation for a retake exam of the Policy-holder following a failure unknown at the time of the reservation of the voyage (higher education only), the present exam must take place with the same dates as your stay.
- 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.

The guarantee takes effets from the booking of the air tickets and ends at the start of the trip.
 
 
TITLE 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.
The guarantee is never acquired if the Policyholder cannot advise with the logbook daily filled in since the begining of the cruise.
 
3.2. EXCLUSIONS SPECIFIC TO THE GUARANTEE A (CANCELLATION AND INTERRUPTION):
 
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.
 
3.3. EXCLUSIONS SPECIFIC AND COMMON TO GUARANTEE A AND A BIS:
 
In addition to the exclusions described above in paragraph 3.1, the guarantee to the skipper named on the application form shall never be valid:

- For any cause other than those of article 2.2 of the general terms,
- In case of the piloting by the skipper of a cargo-passenger ship without any licence or valid certificate,
- In case of taking part, during the cruise, in a sporting event or record attempt,
- In case of the non respect, by the skipper, of the sailing zone described on the sailing licence, or of the zone in relation with the real degree of equipment of the boat, excepted for assistance (law of July 7th, 1967),
- In case of non respect of annex sailing directives or of any degree regulating sailing,
- In case of non respect of the shipping or meteorological authorities advices or recommendations.
 
3.4. EXCLUSIONS SPECIFIC TO THE GUARANTEE A BIS (RESEARCH FEES § 2.2.4): 

In addition to the exclusions described above in paragraph 3.1, the guarantee shall never be valid in case of:

- Piloting by the skipper of a cargo-passenger ship without any licence or valid certificate,
- Taking part, during the cruise, a sporting event or record attempt,
- Negligence or unconcern of the policyholder or non respect of the recommendations, regulations or banning in use during the cruise,
- Non respect by the skipper of the sailing zone described on the sailing licence, or of the zone in relation with the real degree of equipment of the boat, excepted for assistance (law of July 7th, 1967),
- Non respect of the Shipping Regulation Code on sailing and yachting,
- Non respect of annex sailing directives or of any decree regulation sailing,
- Non respect of the shipping or meteorological authorities’ advice or recommendations.
 
3.5. EXCLUSIONS SPECIFIC TO GUARANTEE B, B+ AND C (PROTECTION DEPOSIT FOR CRUISE, MOTOR BOAT AND REGATE):


In addition to the exclusions described above in paragraph 3.1, the guarantee shall never be granted:

- When all the sailing means of the boat and its checking and the inventory have not been checked before leaving and after the cruise,
- When the damage is caused by a failure or by a wear and tear of the equipment and not caused by the policyholder,
- In case of theft and hijacking,
- For damages to the sails not older than 36 months,
- For the spinnakers,
- The annex and its motor,
- The loosing of the equipment during the cruise.
Besides, accidental damage due to the following causes is excluded:

- Piloting by the skipper of a cargo-passenger ship without any licence or valid certificate,
- Taking part, during the cruise, a sporting event or record attempt,
- Non observation by the skipper of the sailing zone described on the sailing licence or of the zone in relation with the real degree of equipment of the boat, except for assistance (law of July 7th, 1967),
- Non observation of the Shipping Regulation Code on sailing and yachting,
- Non respect of annex sailing directives or of any decree regulation sailing,
- Non respect of the shipping or meteorological authorities’ advice or recommendations.
 
3.6. EXCLUSIONS SPECIFIC TO GUARANTEE D (BOAT ASSISTANCE):
 
In addition to the exclusions described in paragraph 3.1, this guarantee shall never be granted:

- For the costs paid without Groupe C.S.A. or GROUPAMA ASSISTANCE’s agreement,
- For the searching and sea assistance costs,
- For the fuel costs,
- For the mending costs,
- For the customs,
- For the costs caused by the luggage and personal outfits theft on the boat.
 
3.7. EXCLUSIONS SPECIFIC TO GUARANTEE E (ASSISTANCE LUGGAGE, PERSONNAL OUTFITS AND ITEMS):
 
In addition to the exclusions described above in paragraph 3.1, the luggage, personal outfits and items guarantee shall never be granted when the damage are due to:

- Defect or usual worn state of the insured item,
- Atmospheric effects, when the luggage are under the policyholder’s responsibility,
- Disturbance of mechanisms, age, defect packaging, damage caused by insects, damages, non observance of laws and transport regulations, customs and others.
Besides, are excluded:

- Luggage stolen on a roof-rack, in an unlocked boat, inside a convertible car, inside a car with open windows or unlocked doors, or if the car is not parked in a locked or guarded garage between 22 and 7 o’clock,
- Luggage stolen on the deck, in an unlocked place (room or safe), inside an unlocked boat, or inside a boat moored between 22 and 7 o’clock out of a port or a watched or guarded mooring ring,
- Natural pearls, non put up gemstones, jewels, furs,
- Cash, bonds, stocks and shares, documents, travel tickets,
- Thefts by employees on duty.
 
 
3.8. EXCLUSIONS SPECIFIC TO THE GUARANTEE E (PERSONAL ASSISTANCE):
 
The setting-up by the policyholder or his relatives of an assistance as described in Article 2.6.2 of the General Terms, can only be repaid if GROUPAMA ASSISTANCE has been informed and has agreed with it, giving a file number. In this case, on written evidence, the costs are repaid, up to a limit of what would have been paid by GROUPAMA ASSISTANCE if it had set-up the assistance.
Are excluded:

- Any intervention and/or repayment of checkups or preventive screening medical examination,
- Any damage and/or intervention caused by the taking part in motorized sporting events and trials (car, motorcycle, motorboat, plane…)
GROUPAMA ASSISTANCE does not intervene for minor disease or lesions that can be treated on the spot and that are not an obstacle for the policyholder to continue his trip, mental illness, pregnancy unless in the event of an unpredictable complication, and in any case over six months pregnancy, convalescence, disease under treatment and not yet stabilized, relapse of the illness previously noticed with a sudden and close worsening risk. Nevertheless, the policyholder can ask GROUPAMA ASSISTANCE to organise the repatriation, the costs being at the insured person’s charge; only GROUPAMA ASSISTANCE medical management can accept or not the repatriation.

The following are not taken into account:

- Medical costs for a treatment prescribed in France before the departure or requiring a regular medical check,
- Medical costs in France, medical costs abroad for a stay over 90 days, costs due to the relapse of a previously noticed illness or mental illness, cure to a spa, costs due to the diagnostic or the treatment of a physiological (pregnancy) or pathological state, already know before the beginning date of the guarantee, unless of a serious and unpredictable complication, medical treatments prescribed in France, glasses, prosthesis or contact lenses costs, costs caused by suicide attempts, costs due to the consequences of using drugs and alcohol.

GROUPAMA ASSISTANCE can never be substituted for maritime regulations and/or for local emergency aid organisms and cannot pay for primary assistance costs.
GROUPAMA ASSISTANCE is not responsible for delays or impediments in the execution of its services, in case of strikes, riots, mass movements, reprisals, limitation of the free movement of goods and people, acts of terrorism or sabotage, belligerence, declared or not civil or foreign war, disintegration of the atomic nucleus, ionizing radiations, and other accidental situations or cases of absolute necessity, any damage deliberately caused by the policyholder. The services not used during the validity period of the guarantees cannot be reimbursed.
 
3.9. EXCLUSIONS SPECIFIC TO THE GUARANTEE F (MARINE INDIVIDUAL GUARANTEE):
 
In addition to the exclusions described in paragraphs 3.1, the guarantee shall never be valid for the damage:

- Deliberately caused by the policyholder,
- Due to the driving in a drunken state, when the alcohol level is equal or above 0.5 gramme,
- Caused by the policyholder’s suicide,
- Due to parachuting or hang-gliding.
The practice of a sport includes trainings, trials or sport races or events:

- Occurring while the policyholder pilots an airplane,
- Occurring while the policyholder is passenger on an airplane which does not belong to a passenger transport company. This exclusion is in use only in the case of a group contract with optional joining,
- Caused by a foreign war, the policyholder has to prove that the damage is due to another event,
- Caused by civil war, the insurance company has to prove that the damage is due to one of these events;
Caused or worsened by:

- Weapons or missiles planned to explode by structure modification of nucleus,
- And ionizing radiation, to which the policyholder is predictably exposed, even sporadically, during and because of his usual professional activity.
Moreover, any person who has deliberately caused the damage is excluded from the guarantee.


3.10. EXCLUSIONS SPECIFIC TO THE GUARANTEE CANCELLATION OF THE AIRPLANE TICKETS:
 
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 2.8. 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,
- Are not covered consequences of following events : Strikes that have begun or are subject to strike notice, or for the strikes that have been made public before the date of the subscription of this contract.
 
TITLE 4. CONTRACT TERMINATION 
 
4.1 Termination events
 
The contract may be terminated before its normal expiry date in the cases provided for hereinafter and in accordance with the conditions stipulated by current legislation.


4.1.1. By the policyholder or the Insurers


In the event of one of the following events (for insured persons), and when the covered risks are in direct relation with the previous situation and are not found in the new situation:
- change of residence,
- change in marital status or matrimonial regime,
- change of profession, occupational retirement or permanent cessation of professional activity.
This termination must be notified, by registered letter with acknowledgment of receipt:
- on the part of the Insurer, within three months of the day of receipt of notification of the event by registered letter with acknowledgment of receipt,
- on the part of the policyholder within three months of the date on which the new situation arises. However, the starting point for this period is set:
In the event of occupational retirement or permanent cessation of professional activity, the day after the date on which the previous situation ends,
If it is an event constituted or established by a judicial decision, on the date on which this judicial decision becomes enforceable (Article R.113-6 of the French Insurance Code).
The termination takes effect one month after the other party to the contract has received notification.
In the registered letter notifying the other party of termination, the nature and date of the cited event must be indicated as well as any further information establishing that the termination is directly related to the said event. In addition, the policyholder’s letter of notification must be accompanied by:
- in the event of marriage or death, a marriage or death certificate or a civil status form,
- in the event of a change in matrimonial regime, a copy or an extract of the judicial decision declaring or certifying the change and becoming enforceable, or a certificate from the notary who has received the amending act.


4.1.2. By the heir, the purchaser or the Insurer


In the event of transfer of ownership of the insured property as a result of death or disposition.
The Insurer may terminate the contract within a period of three months from the day on which the definitive beneficiary of the insured items requested the transfer of the contract to his/her name, and the termination takes effect ten days after his/her notification to another party.


4.1.3. By the Insurer


A / In the event of non-payment of premiums
The Insurer has the right to terminate ten days after the thirty days mentioned in Title 5, Article 1.
The termination may be notified to the policyholder either in the registered letter of formal notice or in a new registered letter addressed to the policyholder.
In the first case, termination takes effect only if the premium, or part of the premium, has not been paid before the expiry of the 40-day period following the dispatch of the registered letter of formal notice.
In the second case, termination takes effect on the date of dispatch of the new registered letter, provided that the premium, or part of the premium, was not paid before this letter.
B / In the event of increase in risk during the course of the contract
If the Insurer proposes a new premium amount and the policyholder does not act on it or refuses within thirty days of the proposal, the Insurer may terminate the contract at the end of this time period provided that this option was clearly indicated in the proposition letter.
If the Insurer chooses to terminate the contract, it shall take effect ten days after notification to the policyholder.
C / In the event of omission or inaccuracy in the declaration of risk, on the conclusion of the contract or during the course of the contract, committed by the Insured whose bad faith is not established and recorded before any claim.
D / After claim
The termination of the contract by the Insurer shall take effect one month after notification to the policyholder. They then have the right to terminate, under the conditions provided for in point 4.1.4-C hereinafter, the other contracts he/she has taken out with the Insurer.


4.1.4. By the policyholder


A / In the event of a decrease in risk during the course of the contract if the Insurer does not consent to the corresponding reduction of the premium.
Termination shall take effect thirty days after notification to the Insurer.
B / In the event of the elimination of risk, cessation of activity or dissolution of a company.
C / In the event of termination after claim of another of the Insured’s contracts by the Insurer.
This contract can only be terminated within a period of one month of the Policyholder being notified of the termination of the other contract subject to claim.
It takes effect one month from the date the Insurer has been notified.
D / In the event of a portfolio transfer request, approved by an administrative authority
The policyholder has the right to terminate within one month of the notice of the transfer request being published in the Official Journal.


4.1.5. By the parties involved


In the event of the recovery or winding up of the Insured by the decision of the court.
The parties in question retain the right to terminate the contract within three months of the date of judgment of the recovery or winding up.


 4.1.6. By automatic termination


A / In the event of total loss of the insured property resulting from an uncovered event.
B / In the event of the Insurer being subject to withdrawal of approval or court-ordered winding up.
Termination takes effect at midday on the fortieth day after the publication of the Ministry of the Economy and Finance’s or the Insurance Regulatory Body’s withdrawal decision in the Official Journal.
The premiums accrued before the date of publication of the withdrawal decision in the Official Journal and unpaid as of that date are payable in full to the Insurer, but they are only recoverable proportionally to the time on risk until the date of termination.
The premiums falling due between the date of the withdrawal decision and the date of automatic termination are only payable proportionately to the time on risk.
C / In the event of requisition of ownership of the insured property, under the conditions of Articles L.160-6 and L.160-8 of the French Insurance Code.


4.2 Notification of termination
 
Subject to the special arrangements provided for in point I above, the party entitled to terminate the contract may exercise this right as described below:


4.2.1. Termination by the policyholder, the heir or the purchaser


When the policyholder, the heir or the purchaser are entitled to terminate the contract, they have the choice of doing so either by registered letter, by statement made against receipt at the Insurer’s head office or their regional representative’s office, by extrajudicial deed, or by any other means indicated in the contract.


4.2.2. Termination by the Insurer


In all events where the right of termination is recognized by the Insurer, namely, at each annual maturity of the premium by notice indicated in the specific conditions.
Termination by the Insurer must be notified to the policyholder by registered letter sent to his/her last known place of résidence


4.3 Period of notice
 
The period of notice runs from the date appearing on the postmark stamped on the registered letter notifying termination.


4.4 Premium refunds - Termination compensation
 
In the event of termination during the course of the contract, the Insurer must reimburse the policyholder for the premium corresponding to the period during which the risk has not occurred, calculated from the effective date of termination.
When the Insurer terminates the contract for non-payment of premium (case referred to in point 4.1.3.A. above), they are entitled to termination compensation equal to the portion of the annual premium pertaining to the period after the effective date of termination.


 
TITLE 5. PREMIUMS
 
5.1 Payment - consequences of late payment
 
The premium and its incidentals, the amount of which is stipulated in the contract, as well as the taxes and duties, are payable to the Insurer’s head office or the representative’s residence if one is appointed for this purpose.
The due dates are set in the Specific Conditions.
If a premium or part of a premium is not paid within ten days of its due date, the Insurer (irrespective of their right to pursue the matter in the courts) can send a registered letter of formal notice to the policyholder or the person responsible for paying the premiums to his/her last known address, with acknowledgment of receipt if this address is outside metropolitan France.


The letter of formal notice reproduces the text of Article L113-3 of the French Insurance Code.
If the premium or part-premium due is not paid within thirty days from:
- the date of posting of the letter of formal notice,
- or, for letters sent to an address outside metropolitan France, from the day of delivery indicated on the acknowledgment of receipt, coverage is automatically suspended.
If part of the premium due is not paid, the total amount of the outstanding annual premium is payable. In this case, the suspension of coverage is effective until full payment is made.
When at least ten days of suspension have elapsed, the Insurer has the right to terminate the contract within the time period and according to the conditions provided for in Title 4 above.
If the outstanding premium or part-premium is subsequently paid, the suspension ends and cover is reinstated at midday the day following the date of payment.


5.2 Decrease in risk
 
In the event of a decrease in risk during the contract, the policyholder is entitled to a reduction in the amount of the premium.
If the Insurer does not consent, the policyholder may terminate the contract within the time period and according to the conditions provided for in section 4 above.


5.3 Change in Rate
If the Insurer changes for a technical reason (excluding indexing), the rate applicable to the risks covered by this contract, the Insurer may modify the net premium (excluding fees and taxes) of the contract in the same proportions starting from the next maturity date. The Subscriber may then terminate the contract. The Insurer issues an assessment calculated proportionally to the previous rate bases. In the absence of cancellation, the reassessment is considered as accepted.


 
TITLE 6. DECLARATION OF CLAIMS
 
6.1 Safeguard measures
 
As soon as he/she notices the occurrence of an event (harmful or judicial) likely to lead to the coverage of the contract, the Insured shall take all necessary measures to limit the importance of the loss, to avoid its aggravation, to safeguard the covered property, preserve all rights of subrogation and collect or cancel all duties and taxes.
He/she shall refrain from any reparation without the agreement of the Insurer and shall take all necessary measures to ascertain the damage by keeping the damaged goods.


6.2 Time limit for claim report
 
Please contact Groupe C.S.A. (WITHIN THE 5 DAYS FOLLOWING THE DAMAGE), your travel Agency or your hiring Company as soon as possible.


Send an email to : france@skipper.fr

Or write to :
Groupe CSA
Centre de Gestion
France Cautain
BP 40029
46, rue Rouget de Lisle 
95240 Cormeilles-en-Parisis

Phone : +33.(0)1.39.31.33
Gsm : +33.(0)6.83.31.49.45

The Insured forfeits any right to claim for the loss in question if the Insurer establishes that the delay in the filing of the claim report has been to his/her detriment (Article L.113-2 of the Code).
General case: within 5 business days of the day after the Insured became aware of the event.
Theft insurance: within 2 business days of the day after the Insured became aware of the event. Within this same period, he/she must notify the local police or authorities and file a complaint with the Public Prosecutor's Office.


6.3 Claim report proceedings

The Insured must file his/her claim report in writing, by email or verbally with acknowledgment of receipt, indicating the date, the nature, the causes, the the circumstances, the foreseeable consequences, the approximate amount of the damage and the place where it can be assessed
The Insured forfeits any right to claim for the event in question if he/she makes intentional misrepresentations in bad faith.


6.4 Document to be sent to the Insurer 


The Insured must send to the GROUPE C.S.A., all the documents necessary for the investigation of the claims file (documentary evidence, rental contract, death certificate, receipted invoices ...) as well as all information specific to documenting the claim file.


Documents to be sent to the GROUPE C.S.A.:


For the CANCELLATION AND INTERRUPTION GUARANTEE (GUARANTEE A):


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…).

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.


For the REPLACEMENT OF THE SKIPPER GUARANTEE (GUARANTEE A and A BIS):


You must supply: Fees for the trip and for the salary of the skipper of substitute, all documents necessary to justify his replacement, all regulation documents justifying the number of the days delayed.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.


For the PROTECTION OF THE DEPOSIT GUARANTEE (GUARANTEE B, B+ and C):


You must supply: Photos of the damages, photos of the boat with its name readable, check in and check out, sea report, logbook, the contract with the amount of the deposit, the repairing invoice already paid, copy of the invoices of the material replaced, copy of the invoice of the sails, expert report and all documentary evidence regarding the causes and the importance of the damage.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.

For the SEARCHING, RESCUE AND TRANSPORT FEES (GUARANTEE A BIS):


You must supply: All documents necessary to prove the facts and all supporting invoices.
After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.

For the WHEATHER-RISK (GUARANTEE A BIS):

You must supply: The contract, meteorological report of the morning and the afternoon for each day concerned and delivered by the maritime authorities.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.


For the ASSISTANCE TO THE BOAT (GUARANTEE D):


You must supply: All documents and/or invoices necessary to prove the real facts.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.


For the LUGGAGE, PERSONAL OUTFITS AND ITMES (GUARANTEE E): 


You must supply: All documents (paid for by the Insured), all information (invoices purchase, receipt of the complaint, accounts, official report coming from the shipping company, etc..).

In case of robbery or damage during the transit, any complaint must be done by letter with receipt to the company in charged of the transit. You must immediately advise us if you recover a part or all damaged items.

If the items are recovered one month after the damage, you must accept to have them back. We repay the damages and the saveguard fees of the invoice already engaged for the capital guarantee with “luggage, items and personal effects”.

If the recover comes after the payment of the invoice, you must within one month, choose between leaving the items or repossessing them. In case of recover, you must restore the indemnity corresponding, minus the amount of possible damages and the recover engaged fees.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.


For the INDIVIDUAL MARINE (GUARANTEE F): 


You must supply: A report precising the circumstances of the accident, an extract of the death certificate or an individual report of the registry office labelled with the insured named, a medical certificate indicating the cause of the death and describing the injury. In the case of a statement of offence has been established, the name of the authority who made it, the document proving the quality of the beneficiary (the familial statement of offence, heredity certificate) and the name and address of notary public in charged of the succession, the documentary evidence of the children (familial statement of offence, school certificate).


IMPORTANT : The beneficiary who supplies intentionally wrong information or uses wrong documents or distorted documents, in the intention of deceiving the Insurer, looses all rights for the guarantee for the damage in cause.
All the measures useful must be done as soon as possible to limit the consequences of the damage and rush the recover of the insured whom has to accept the medical cares necessary by his state. The insured’s doctor must be able to see to the insured to notice his state of health.
All insubordination without justification to submit to this control, after formal notice by letter with receipt, breaks off rights of the insured.


After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.


6.5 Insurance of the same nature
 
If there are other insurances of the same nature, taken out without fraud, granting the same coverage, for a same interest, each of these insurances shall produce its effects within the limit of coverage (Article L.121-4 of the Code).
The benefits cannot exceed the amount of the damage, whatever the date on which the insurance was taken out (Article L.121-1 of the Code).
Within these limits, the primary beneficiary can obtain benefits for his/her damages by contacting the Insurer of his/her choice.
The contribution of each Insurer is determined by applying to the amount of the damage: the ratio between the benefits that the Insurer would have paid if he had been alone and the cumulative amount of benefits that every Insurer would have been responsible for if he/she would had been alone.


6.6 Benefits
 
6.6.1. Principle of benefits for property damage insurance


The insurance cannot be a cause of profit for the Insured. It only guarantees him/her the benefits of his/her actual losses (Article L.121-1 of the code).
The amount insured cannot be considered as proof of the existence and value, on the day of the loss, of the damaged property. The Insured is required to provide this proof by all means and documents and to justify the state and degree of the damage.


6.6.2. Expert Appraisal 


If the damages are not quantified by mutual agreement, an informal appraisal is compulsory and subject to the respective rights of the parties.
Each of the parties chooses an expert. If the appointed experts do not agree, they appoint a third expert. The three experts work jointly and the majority of votes decides.
If one of the parties fails to appoint an expert, or if the two experts cannot agree on the choice of the third, the appointment is made by the President of the Crown Court or the Commercial Court within the jurisdiction of which the loss occurred.
This appointment occurs by simple request from the most vigilant party, made at the earliest two weeks after sending the other party a registered letter of formal notice with acknowledgment of receipt.
Each party pays their expert’s fees and expenses and, if applicable, half of the third expert’s fees and the expenses relating to his/her appointment.
If, within three months from the submission of the final statement of damages and losses, the appraisal is not completed, the Insured may charge interest by summons. If it is not completed within six months, either party may initiate judicial proceedings (Article L.122-2 of the Code).


6.6.3. Salvage


The Insured cannot abandon the property that has been salvaged. The covered property remains his/her property, even in case of dispute regarding the value of what was able to be salvaged from the damaged property (Article L.121-14 of the Code).
In the absence of agreement on the estimate of the value of what has been salvaged, and failing private sale or auction, each party may request, by simple request to the President of the Crown Court or the authorized Commercial Court, the appointment of an expert to make this estimate.


6.6.4. Requisition or voluntary assistance


In the event of requisition or voluntary assistance, the Insurer waives all rights to claim temporary assistance and protection outside the insured establishment to apply the proportional benefits reduction.
The Insurer waives, moreover, the right of subrogation against the beneficiary of such assistance if the material used was damaged during the intervention in response to the incident resulting in loss. The Insurer also waives the right to any claims against an outside company who, under the same circumstances, would assist the insured establishment and who by its fault aggravated the damage.


6.6.5. Benefits Payment 


Benefits shall be paid within two weeks from the date of agreement of the parties or the enforceable court decision.
In the event of objection, the time period runs from the date of withdrawal.
Property damage insurance: the time period runs from the date on which the Insured has proved his/her right to receive benefits.
Natural disaster insurance: benefits shall be paid within three months from the date of delivery of the estimated state of the damaged property to the Insurer, or the date of publication of the interministerial decree, if later (Article L.125-2 of the Code).


6.6.6. Subrogation


The Insurer who has paid the benefits, may enter into the rights and actions of the Insured, up to the amount of the claims paid, against third parties who, by their actions, caused the damage that gave rise to the Insurer's coverage, (Article L.121-12 of the Code).
The Insurer shall be discharged of their coverage towards the Insured in the case where this subrogation can no longer operate in his/her favor due to the Insured’s actions. The Insurer reserves the right to take legal action against the Insured in order to obtain reimbursement.
The Insurer may expressly waive their right of subrogation against the liable third party. Unless otherwise agreed, they shall maintain their right to subrogation against the Insurer of the person liable.
The Insurer has no recourse against the Insured’s domestic employees, direct descendants or ascendants or any person who normally resides in the Insured’s home, except in the case of malicious acts committed by these persons.


6.6.7. Coinsurance


When the contract is underwritten in co-insurance, each Insurer that is a member of the co-insurance group, including the Leading Insurer, covers the Insured within the limit of their subscription indicated in the Specific Conditions.
If the Leading Insurer ceases, for any reason, to perform this function, the Subscriber undertakes to choose another Insurer and notify the co-insurers concerned.
Non-solidarity of co-insurers
Insurers who are members of the co-insurance group, including the Leading Insurer, are not responsible for each other for the fulfillment of their obligations arising from the contract, whether it be for the payment of benefits due or any matter concerning the administration of the contract.
Object and limit of the mandates granted to the Leading Insurer by the co-insurers
Regarding the Subscriber, each co-insurer is bound to the extent of their subscription, to the acts committed by the Leading Insurer, as part of the mandate they receive from this co-insurer, ensuring that they shall specifically carry out the following transactions:
- receive from the Subscriber the summary statement of each co-insurer’s personal commitment;
- draw up the contract and sign it on behalf of each co-insurer;
- centralize and collect the premiums due to the Insurers and issue the receipt of payment of the total amount of the premiums, including fees and taxes, for the Leading Insurer to reimburse each co-insurer their rightful share of premium;
- centralize the amount of benefits due by each co-insurer for payment;
- take the initiative to terminate the contract, on behalf of all the co-insurers, when the contract allows (without prejudice to the right of each co-insurer to terminate their own participation in the contract);
- on behalf of all the co-insurers, process any claim files and seek an informal agreement with the beneficiary of the benefits;
- acting on behalf of all co-insurers, follow the declarations and requests for modification of the contract, except for:
- declarations whose subject includes an increase in risk;
- an increase of the coverage amounts that must be requested from each Insurer.
- receiving, on behalf of all co-insurers, the notice of termination by the Subscriber (without prejudice to the right of the Subscriber to individually notify each co-insurer of the termination of this co-insurer’s
subscription in the contract);
- accepting or proposing, on behalf of all co-insurers, a new premium amount in the event of a decrease or increase in risk.


TITLE 7. VARIOUS

7.1 Euros 


Any amount denominated in Francs shall be deemed to be in Euros at the official conversion rate.


7.2 Bas-Rhin, Haut-Rhin and Moselle


If the Subscriber resides in these departments, the provisions of Title IX of the French Insurance Code apply, with the exception of Articles L.191-7 (interest on benefits, payment of provision) and L.192-3 (consequences of fire).


7.3 Limitation 


In accordance with Articles L.114-1 and L.114-2 of the Code, rights in respect of all actions deriving from this contract expire after two years.
The time period starts on the day of the event which gives rise to this action.
The time period can be interrupted by one of the ordinary causes of interruption (Article 2244 of the Civil Code), as well as under the following circumstances: appointment of an expert following a claim; the sending of a registered letter with acknowledgment of receipt:
- by the Insurer to the Subscriber regarding the payment of the premium;
- by the Subscriber to the Insurer regarding the payment of benefits.


7.4 Personal information 


All information collected by the Insurer is necessary for the administration of the file. It is used by the Insurer or professional organizations for the sole necessities of this administration or to fulfill legal or regulatory obligations.
In accordance with Articles 35 and 36 of Law No. 78-17 of 6 January 1978 relating to information technology, files and freedom of information, the Subscriber has the right to request, at the registered office of the Insurer, access to a copy of the personal information held in any file used by them and have it corrected as necessary. This also applies to the information held by the Insurer’s representatives, reinsurers and relevant professional organizations.


7.5. Omnibus Policy


The Insurer's notifications are validly made only to the Subscriber who undertakes to complete and execute all the obligations of the contract, both on his/her behalf and on behalf of the other Insured parties.


7.6. Third party communication 


The Subscriber authorizes the Insurer to make known, upon request, the existence of this contract, as well as any modification, suspension or termination concerning it, to third parties interested in the coverage granted by this contract.


7.7. Monitoring administrative authority 


In accordance with the French Insurance Code (Article L. 112-4) it is specified that the Groupe Special Lines monitoring authority and Groupama Rhône-Alpes Auvergne is the ACPR (French Prudential Supervision and Resolution Authority), 61 rue Taitbout 75436 Paris Cedex 09.


7.8. Subscriber Claims 


In case of difficulty, the Subscriber shall consult the Broker through which the contract is underwritten.
If the answer received in response to his/her claim does not satisfy him/her, the Subscriber may address his/her claim to the Groupe Special Lines "Claims" department:

- By regular post:
Groupe Special Lines
Service Réclamations
6-8 rue Jean Jaurès
92800 PUTEAUX

- By email:
Reclamations@groupespeciallines.fr

If the response to the claim remains unsatisfactory, the Subscriber may contact the Groupama Rhône-Alpes Auvergne "Claims" department:

- By post:
Groupama Rhône-Alpes Auvergne
Service Consommateurs
TSA 70019 - 69252 LYON CEDEX 09

- By email:
Service-consommateurs@groupama-ra.com

Finally, if the disagreement persists concerning the position or the proposed solution, the Subscriber can put his/her case to the insurance ombudsman (Médiateur des Assurances):

- By post:
Médiation de l’Assurance
TSA 50110
75441 PARIS CEDEX 09

- By internet on the website www.mediation-assurance.org.

7.9. Interpretation of the insurance contract 
Any dispute between the Insurer and the Insured regarding the interpretation of this contract shall be subject to the jurisdiction of the competent Tribunal de Grande Instance (French High Court).


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.


TERRITORIAL LIMITS


The guarantees of the present contract are up to the entire world.


The insured certify to have read the guarantees of the Skipper® contract and accept to subscribe to the group contract n° EVT20171312, subscribes by Groupe C.S.A. with Groupe Special Lines on behalf of the Company GROUPAMA-RHÔNE-ALPES AUVERGNE.


Skipper® is a registered trade-mark of Groupe C.S.A. All reproduction is not allowed.
 

 





GENERAL CONDITIONS BEFORE 01/07/2018
  
GENERAL CONDITIONS (Réf. CG.– 10-2008) SKIPPER CONTRACT n° 65.527.456, INSURANCE OF NAUTICAL LEISURES AND JOURNEY, AS INFORMATION NOTICE IN CONFORMITY WITH THE ARTICLE L 141-4 OF THE INSURANCE CODE.
 
Skipper : Contract subscribed by Groupe C.S.A
Le Petit Pays – Montagnole – BP 80515 – 73005 Chambéry Cedex
Phone number : +33.(0)4.79.69.33.65 – Fax : +33.(0)4.79.96.07.09 

Email: contact@skipper.fr - Website: www.iskipper.fr


Groupe C.S.A. with a capital of 7.622,45 €
Le Petit Pays Montagnole BP 80515 - 73005 Chambéry Cedex
RSC Chambéry B390408805 – Financial guarantee and civil responsability professional certified to articles L530-1 and L530-2 of the Insurances Code.
Registration number to the Unique Intermediate of Insurance (ORIAS) : 07 009 182


With : TOKIO MARINE EUROPE INSURANCE LIMITED - SA au capital de 35.000.000 £. Tokio Marine Kiln Insurance Limited (succursale en France) -  Entreprise régie par le code des assurances 6-8 Boulevard Haussmann, F-75009 Paris (Cedex 09). B 382 096 071 RCS Paris. TVA FR 37 382 096 071 Tokio Marine Kiln Insurance Limited (UK), Société anonyme de droit britannique, siège établi au 20 Fenchurch Street, London EC3M3BY, Registered in England & Wales 989421 - Capital Social : £35.000.000 Entreprise agréée par l’Autorité de régulation prudentielle (Prudential Régulation Authority - PRA), contrôlée parcelle-ci ainsi que par l’Autorité de conduite financière du Royaume-Uni (Financial Conduct Autority - FCA), et agissant en conformité avec les règles françaises du code des assurances.


TOKIO MARINE ASSISTANCE : Phone : +33.(0)1.48.82.62.35 – Fax : +33.(0)1.45.16.63.92
Policy number : 65.527.456
 
 
ARTICLE 1 - DEFINITIONS

ACCIDENT


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


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.


 
INSURER


TOKIO MARINE KILN INSURANCE LIMITED - TOKIO MARINE ASSISTANCE.


DAMAGE


The damage is any accidental material damage affecting the ship chartered except the spinnaker, the steering and its propulsion.


ENDORSEMENT


The endorsement is the document whish shows the modification of the reciprocal engagements and resulting of the contract.


BENEFICIARY


The beneficiary is the person who receives the sums owe 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.


CODE


This policy is governed by the Insurance Code.


LEASE


The lease is any document fulfilling its purpose of seasonal chartering engagement planning if the case arise, a payment of 30% when signing the lease and the payment of the settlement within four weeks before the departure of the trip including the charter of the boat.


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.


EXCEEDING DAYS


The exceeding day is the price per day asked by the hirer following an exceeding of hiring time as planned in the lease.

ILLNESS

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, sailing management company or Tour-Operator who have included water leisure in their services.


SKIPPER


The skipper is the person named on the application form and the charter lease and/or on the logbook as responsible of the ship and of the crew members. He is the only responsible on board. He must, while enforcing the Shipping Regulation (Merchant Navy Code, Shipping Regulations Code, Orders of the Prefect, Official Forecast Recommendations) bring back the boat within the time limits and to the place agreed.


SUBSCRIBER


Groupe C.S.A. -  Le Petit Pays - MONTAGNOLE - BP 80515 - 73005 CHAMBERY CEDEX.


TRAVEL


The travel represents all the collective activities (for all the members named on the application form) describe on the charter lease, including :
- The return journeys, from the policyholder place residence to the boarding port, by a public service of transport ;
- The stay in transit, on land, before and after the cruise ;
- The cruise from the boarding port to the port of arrival ;

The cruises can be organized by :
- a ship owner
- a charter
- a Tour-Operator
 
ARTICLE 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, SKIPPER REPLACEMENT, RE-CHARTERING"
 
TO SUBSCRIBE NECESSARILY AT LEAST 15 DAYS BEFORE THE DATE OF THE BEGINNING OF THE JOURNEY AND THE RENT


1-1. The guarantee of cancellation includes the repayment of the cancellation fees for the travel under guarantee as provided in the charter 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 travel price the member insured has to pay, individually, when he cannot take part in the guarantee cruise.
This guarantee is due only if the hirer has not been able to find another crew member.


1-2. The repayment for the individual or collective interruption fees of the cruise, in proportion to the part of the services remained unused, for the travel covered, as planned on the lease, between the beginning and the ending date of the trip, minus the possible cancellation fees.


1-3. The repayment to a limit of 100€ per day, for a professional skipper charges as well as his transportation costs (by the cheapest and fastest means of transport) in case of individual cancellation by the skipper named on the application form and if nobody is being able to take his place, the travel would be cancelled.


1-4. The payment of an additional re-chartering indemnity equal to 30% of the indemnity paid amount if after a cruise cancellation or interruption the policyholder gathers the three following conditions together :
- A new charter in the same booking company,
- Application to a new lease within 12 months of the cancellation date of the previous lease,
- Signing a new “SKIPPER & Co” cancellation contract.

The additional indemnity for the re-chartering as described above will only be granted after the full payment of the re-chartering.


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,
- A professional impediment due to a modification or a suppression of the dates of vacation of the policy-holder by decision of his employer provided that the notification of the employer is posterior with the effective date of the guarantees other than the following socioprofessional categories: entrepreneurs, liberal professions, craftsmen and intermittent workers.
- A professional impediment moved by obtaining an employment or a training course remunerated starting before or after the dates of hiring, whereas the assured person was registered as unemployed provided that it is not about a case of prolongation or renewal of contract nor of mission provided by a corporation of temporary work.
- The impediment due to a Convocation for a retake exam of the Policy-holder following a failure unknown at the time of the reservation of the voyage (higher education only), the present exam must take place with the same dates as your stay.
- 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.
 
2 – GUARANTEE A BIS: "WEATHER-RISKS, SKIPPER REPLACEMENT, REPAYEMENT FOR EXCEDING HIRING TIME, RE-CHARTING"
 
2.1. An indemnity will be paid to the hirer, if, since the first day of his rent, in his starting port, the boat cannot sail following a 8 gale warning. This indemnity will be calculated on the base of the half hiring daily value and that till 3 days with a maximum of 900 €.


2.2. The repayment of the replacement fees of the skipper, including transport charges of the new skipper and the convoying of the boat, that is to say the quickest journey to take the boat in charge and continue the cruise if possible. The commitment of the insurance company could not exceed 100 € per day of hiring, from the date the boat is taken in charge by the new skipper to the end of the cruise.


2.3. The repayment for exceeding hiring time, on the base of an indemnity equal to the daily value provided for in the lease with a maximum of four days and up to a limit of 800 €.


BECAUSE OF ONE OF THE FOLLOWING REASONS OCCURING ONLY DURING THE CRUISE:
- Death of the skipper,
- Illness of the skipper, unknown when boarding, or an accident happened to him during the cruise,
- Death, illness or accident, in the same conditions, of the wife/husband of the skipper, his parents or descendants, his wife/husband, his brothers and sisters as well as anyone living in his house and not taking part in the cruise,
- Death of the skipper’s son-in-law or daughter-in-law,
- Accidental material damage to the skipper’s property and requesting his absolute presence,
- Material damage to the boat, due to a non deliberate mistake from the skipper and making it unsuitable for sailing (damage as described in article 1).


TO BE GRANTED, THIS GUARANTEE MUST, IN CASE OF ILLNESS OR ACCIDENT OF THE SKIPPER COME WITH A MEDICAL PRESCRIPTION OCCASIONNED TO HOSPTALIZATION OR PREVENTING THE SKIPPER FROM CONTINUING THE CRUISE.


2.4. This guarantee will provide the repayment up to a limit of 3.800 € per travel of:

- Search, assistance and rescuing costs, wherever paid, for whatever paid, for whatever insured accident endangering their life,
- Transport and repatriation fees from the place of the accident to the nearest and the most suited hospital. The sums paid for the present guarantee could not exceed the real costs and come in complement of, if it happened, the sums already paid by any similar cover. The guarantee starts on the beginning of the travel date and is valid during the whole travel.
 
3 – GUARANTEE B OR C: "PROTECTION OF THE DEPOSIT FOR CRUISE, REGATA AND MOTOR BOAT"
 
If, on returning the hired boat, the hiring company notes one or several damage and therefore keep the policyholder’s deposit, we will take part in the repayment of the sums deducted by the hire company up to a limit of 80% of the hired boat’s deposit and up to 80% of the deposit of the hired boat and for a maximum of 5.000 €. The chocks and collision on the line departure will be paid to 50% of their value.
This guarantee is exerted after a damage of the hired boat as described in the article 1 and according to the terms of the article 3-6.


3 BIS - GARANTEE B +: "PROTECTION OF THE DEPOSIT FOR CRUISE FOR SAILING BOART ONLY"


If, on returning the hired boat, the hiring company notes one or several damage and therefore keep the policyholder’s deposit, we will take part in the repayment of the sums deducted by the hire company up to a limit of 100% of the hired boat’s deposit and up to 100% of the deposit of the hired boat and for a maximum of 5.000 €.
This guarantee is exerted after a damage of the hired boat as described in the article 1 and according to the terms of the article 3-6.
 
4 – GUARANTEE D "ASSISTANCE TO THE BOAT"
 
If following damage, the boat is not seaworthy, we take in charge:
- The towing and/or transport costs, to a limit of 500€ per event.
- The accommodation fees up to a limit of 50€ per person and per night, up to a maximum limit of 100€ per person.
Our total commitment on this guarantee should not exceed 40% of the deposit.
 
5 – GUARANTEE F “INDIVIDUAL MARINE PROTECTION”
 
In case of guarantee accident by this contract, we reimburse the policyholder or his/her beneficiaries up to a limit of the following amounts:

- Decease : 50.000€
- Disability : 150.000€
- Medical fees : 1.000€
- Day indemnity : 120€


The day indemnity can only be paid to the policyholder who has a wage-earning professional activity and be stopped of work by decision of a doctor or to the policyholder who has a non-wage-earning professional activity and being hospitalized or has to keep staying the room by medical prescription. In any case, the adding indemnity versed to the one the policyholder could have from the social security or any insurance organism is limited to the real income of he. This daily indemnity will be paid after a stoppage of work up to 30 days and for a last of maximum 365 days.
In case of death, we guarantee the above capital to the limit of 24 mounts, starting from the day accident. The complete or permanent disability is paid to the policyholder by the insurance company according to the following rates specified by the disability degree. This guarantee lasts until the end of the insurance year during which the policyholder is 70 years old and for the accidents that have happened worldwide. The scale used to calculate the disability degree is at your disposal at Groupe CSA’s address.
 
6 - GUARANTEE E "PERSONAL ASSISTANCE IN THE WORLD" AND GUARANTEE "LUGGAGE, PERSONAL OUTFITS AND ITEMS"
 
6.1 - GUARANTEE LUGGAGE, PERSONAL OUTFITS AND ITEMS


We guarantee to the policyholder, up to a limit of 1.000€ per travel, the repayment of the things taken against any damage and/or thefts.
This guarantee applies to:
- Registered luggage and their contents, with the receipt of a transport company,
- The things or clothes carried separately, or worn.
The guarantee starts from the start travel date and lasts all during the cruise.


LIMIT OF THIS GUARANTEE :
The indemnity in case of guaranteed damage is based on the replacement value of the similar items, minus depreciation due to their use. Cameras, video cameras, radios and television sets and other valuable items are guarantee up to a limit of 30% of the insured “luggage capital”.


6.2 - GUARANTEE PERSONAL ASSISTANCE IN THE WORLD


This guarantee is conferred by TOKIO MARINE ASSISTANCE.


IMPORTANT: TO BE GRANTED ALL THE ASSISTANCE GUARANTEES DESCRIBED BELOW, IT IS COMPULSORY TO CONTACT, PRIOR TO ANY INTERVENTION, TOKIO MARINE ASSISTANCE:
PHONE NUMBER IN FRANCE: 01.48.82.62.35 FAX : 01.45.16.63.92
PHONE NUMBER ABROAD: +33.(0)1.48.82.62.35 FAX : +33.(0)1.45.16.63 92


IN ORDER TO GET A FILE NUMBER WHICH WILL JUSTIFY THE INTERVENTIONS COVER, ANY FRAUD, FALSIFICATION OR FALSE EVIDENCE WILL AUTOMATICALLY LEAD TO THE NULLITY OF THE GUARANTEE.


In case of illness or corporal accident to the policyholder, immediately after the first call, the TOKIO MARINE ASSISTANCE medical team gets in touch with the doctor on the spot in order to act in the best suited conditions to the state of health. In any case, the organisation of first aid is supported by local authorities. The costs are not paid back by TOKIO MARINE ASSISTANCE.


Accompaniment during the transport or the repatriation of the policyholder works when TOKIO MARINE ASSISTANCE decides the transport to a better specified or equipped medical centre or, if it is abroad, to the nearest medical centre from his/her usual living place in European Union.


TOKIO MARINE ASSISTANCE organises and manages his/her evacuation to the seriousness of his/her state of health by:

- 1st class train, couchette or sleeping car,
- Hospital vehicle,
- Ambulance,
- Scheduled airliner, economy class,
- Hospital aircraft.


Repatriation from faraway countries will only take place on scheduled aircrafts, with special conversions if necessary. If needed, TOKIO MARINE ASSISTANCE organises and pays for medical transport when the policyholder is in health conditions to leave the medical centre, to his home in European Union, by the most suitable means according to TOKIO MARINE ASSISTANCE’s doctors. TOKIO MARINE ASSISTANCE’s doctors decide the kind of transport and the means to be implemented in accordance with the medical and technical requirements.
Accompaniment during the transport or the repatriation of the policyholder : when taken in charge by TOKIO MARINE ASSISTANCE, according to the conditions enumerated above, TOKIO MARINE ASSISTANCE allows another insured person to accompany the policyholder provided the accompanying person travels with him/her on the same ticket.

Repatriation of the policyholder’s corpse: if death happens during the travel, the transport of the corpse to the burial place in European Union is organised and paid by TOKIO MARINE ASSISTANCE. The coffin shall also be paid by TOKIO MARINE ASSISTANCE, up to a maximum of 500€. TOKIO MARINE ASSISTANCE is the only one to choose the companies used for the repatriation (funeral parlour, Transport Company…). All the other expenses (burial, funeral services…) shall not be reimbursed.

Repayment of the medical costs abroad: to implement the law in use, this repayment is a complement to the repayment the policyholder (or the part entitled) has already received from the social organisms the policyholder can benefit or any other provident society to which he complement the payment of these costs to the policyholder when is back to home, on presentation of all the original described above. The policyholder undertakes to do all the required procedures to obtain the repayment of his costs by these societies.


The following costs are repaid by TOKIO MARINE ASSISTANCE, up to a limit of 3800 € and minus a franchise of 23 € excess (these arrangements concern the costs paid after an accident or an unpredictable illness that have occurred during the travel):

- Medical and hospitalization fees ;
- Medicines prescribed by a doctor or a surgeon ;
- Dental treatment, up to a limit of 50 € ;
- Local ambulance costs ordered by a doctor, local journey.


Return ticket for one of the policyholder’s relatives : if his health condition does not allow or does not require a repatriation, and if the stay in hospital on the spot should last more than 10 days, TOKIO MARINE ASSISTANCE offers free of charge return ticket on a plane in economy class, or on a first class train, to one of his relatives, living in European Union, to go to support him. Only the transport will be paid by TOKIO MARINE ASSISTANCE (not the stay or the hotel).

Early return in the event of the death of one of the policyholder’s relatives: in case of the death of one of the following persons, living in European Union (father, mother, parents-in-law, wife or husband, children, brother or sister), a one way ticket by plane, economy class or by first class train is at the policyholder’s disposal, from TOKIO MARINE ASSISTANCE, to attend the funerals at the burial place in European Union.


DIVERS ASSISTANCES


Legal aid abroad: if the insured person is imprisoned or threatened to be imprisoned after a road accident, a lawyer shall be appointed and paid by TOKIO MARINE ASSISTANCE, up to a limit of 800 €.
Bail in a foreign country up to a limit of 7.600 €.


If the policyholder is imprisoned or threatened to be imprisoned after a road accident, TOKIO MARINE ASSISTANCE lends the bail. The policyholder has got 3 months to pay the sum back to TOKIO MARINE ASSISTANCE, from the date of the loan.


If the local authorities repay for the bail before the third month, the sum should immediately be reimbursed to TOKIO MARINE ASSISTANCE. If the policyholder is summoned to appear in court and does not show, TOKIO MARINE ASSISTANCE will immediately demand the repayment of the bail. If the bail is not repaid within three months, legal action should be taken.


Passing on urgent messages: messages or news from the policyholder to anybody remained in France, could be passed on by TOKIO MARINE ASSISTANCE, by the quickest ways and free of charges, if the policyholder wishes so.
Usually, the passing messages on somebody are subject to:

- A justification of the demand,
- A message in clear terms,
- The exact name, forename, full address and if needed the telephone number of the person to be contacted.
Any text entailing a civil, commercial of financial liability is passed on under the policyholder’s responsibility.


6.3 - GUARANTEE LIMIT


When repatriation or a transport is organised by TOKIO MARINE ASSISTANCE, and if because of the event under guarantee TOKIO MARINE ASSISTANCE does not need to change the return date previously planned by the policyholder, of if the dates on the ticket can be changed, TOKIO MARINE ASSISTANCE can ask the policyholder to use his ticket. If not possible, and when TOKIO MARINE ASSISTANCE has paid for the policyholder repatriation: the insured person has to give TOKIO MARINE ASSISTANCE the unused ticket.
 
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.
The guarantee is never acquired if the Policyholder cannot advise with the logbook daily filled in since the begining of the cruise.
 
3.2. EXCLUSIONS SPECIFIC TO THE GUARANTEE A : CANCELLATION AND INTERRUPTION
 
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.
 
3.3. EXCLUSIONS SPECIFIC TO THE SKIPPER DURING THE CRUISE
 
In addition to the exclusions described above in paragraph 3-1, the guarantee to the skipper named on the application form shall never be valid:

- For any cause other than those of article 2-2 of the general terms,
- In case of the piloting by the skipper of a cargo-passenger ship without any licence or valid certificate,
- In case of taking part, during the cruise, in a sporting event or record attempt,
- In case of the non respect, by the skipper, of the sailing zone described on the sailing licence, or of the zone in relation with the real degree of equipment of the boat, excepted for assistance (law of July 7th, 1967),
- In case of non respect of annex sailing directives or of any degree regulating sailing,
- In case of non respect of the shipping or meteorological authorities advices or recommendations.
 
3.4. EXCLUSIONS SPECIFIC TO THE GUARANTEE OF RESEARCH FEES
 
In addition to the exclusions described above in paragraph 3-1, the guarantee shall never be valid in case of:

- Piloting by the skipper of a cargo-passenger ship without any licence or valid certificate,
- Taking part, during the cruise, a sporting event or record attempt,
- Negligence or unconcern of the policyholder or non respect of the recommendations, regulations or banning in use during the cruise,
- Non respect by the skipper of the sailing zone described on the sailing licence, or of the zone in relation with the real degree of equipment of the boat, excepted for assistance (law of July 7th, 1967),
- Non respect of the Shipping Regulation Code on sailing and yachting,
- Non respect of annex sailing directives or of any decree regulation sailing,
- Non respect of the shipping or meteorological authorities’ advice or recommendations.
 
3.5. EXCLUSIONS SPECIFIC TO THE SEARCHING COSTS GUARANTEE
 
In addition to the exclusions described above in paragraph
3-1, the luggage, personal outfits and items guarantee shall never be granted when the damage are due to:

- Defect or usual worn state of the insured item,
- Atmospheric effects, when the luggage are under the policyholder’s responsibility,
- Disturbance of mechanisms, age, defect packaging, damage caused by insects, damages, non observance of laws and transport regulations, customs and others.
Besides, are excluded:

- Luggage stolen on a roof-rack, in an unlocked boat, inside a convertible car, inside a car with open windows or unlocked doors, or if the car is not parked in a locked or guarded garage between 22 and 7 o’clock,
- Luggage stolen on the deck, in an unlocked place (room or safe), inside an unlocked boat, or inside a boat moored between 22 and 7 o’clock out of a port or a watched or guarded mooring ring,
- Natural pearls, non put up gemstones, jewels, furs,
- Cash, bonds, stocks and shares, documents, travel tickets,
- Thefts by employees on duty.
 
3.6. EXCLUSIONS SPECIFIC TO THE PROTECTION DEPOSIT FOR CRUISE AND REGATE, GUARANTEE B, B+ AND C :
 
In addition to the exclusions described above in paragraphs 3-1, the guarantee shall never be granted:

- When all the sailing means of the boat and its checking and the inventory have not been checked before leaving and after the cruise,
- When the damage is caused by a failure or by a wear and tear of the equipment and not caused by the policyholder,
- In case of theft and hijacking,
- For damages to the sails not older than 24 months,
- For the spinnakers,
- The annex and its motor,
- The loosing of the equipment during the cruise.
Besides, accidental damage due to the following causes is excluded:

- Piloting by the skipper of a cargo-passenger ship without any licence or valid certificate,
- Taking part, during the cruise, a sporting event or record attempt,
- Non observation by the skipper of the sailing zone described on the sailing licence or of the zone in relation with the real degree of equipment of the boat, except for assistance (law of July 7th, 1967),
- Non observation of the Shipping Regulation Code on sailing and yachting,
- Non respect of annex sailing directives or of any decree regulation sailing,
- Non respect of the shipping or meteorological authorities’ advice or recommendations.
 
3.7. EXCLUSIONS SPECIFIC TO THE PERSONAL ASSISTANCE GUARANTEE
 
The setting-up by the policyholder or his relatives of an assistance as described in Article 2 paragraph 8 of the General Terms, can only be repaid if TOKIO MARINE ASSISTANCE has been informed and has agreed with it, giving a file number. In this case, on written evidence, the costs are repaid, up to a limit of what would have been paid by TOKIO MARINE ASSISTANCE if it had set-up the assistance.
Are excluded:

- Any intervention and/or repayment of checkups or preventive screening medical examination,
- Any damage and/or intervention caused by the taking part in motorized sporting events and trials (car, motorcycle, motorboat, plane…)
TOKIO MARINE ASSISTANCE does not intervene for minor disease or lesions that can be treated on the spot and that are not an obstacle for the policyholder to continue his trip, mental illness, pregnancy unless in the event of an unpredictable complication, and in any case over six months pregnancy, convalescence, disease under treatment and not yet stabilized, relapse of the illness previously noticed with a sudden and close worsening risk. Nevertheless, the policyholder can ask TOKIO MARINE ASSISTANCE to organise the repatriation, the costs being at the insured person’s charge; only TOKIO MARINE ASSISTANCE medical management can accept or not the repatriation.

The following are not taken into account:

- Medical costs for a treatment prescribed in France before the departure or requiring a regular medical check,
- Medical costs in France, medical costs abroad for a stay over 90 days, costs due to the relapse of a previously noticed illness or mental illness, cure to a spa, costs due to the diagnostic or the treatment of a physiological (pregnancy) or pathological state, already know before the beginning date of the guarantee, unless of a serious and unpredictable complication, medical treatments prescribed in France, glasses, prosthesis or contact lenses costs, costs caused by suicide attempts, costs due to the consequences of using drugs and alcohol. TOKIO MARINE ASSISTANCE can never be substituted for maritime regulations and/or for local emergency aid organisms and cannot pay for primary assistance costs.
TOKIO MARINE ASSISTANCE is not responsible for delays or impediments in the execution of its services, in case of:

- Strikes, riots, mass movements, reprisals, limitation of the free movement of goods and people, acts of terrorism or sabotage, belligerence, declared or not civil or foreign war, disintegration of the atomic nucleus, ionizing radiations, and other accidental situations or cases of absolute necessity,
- Any damage deliberately caused by the policyholder. The services not used during the validity period of the guarantees cannot be reimbursed.
 
3.8. EXCLUSIONS SPECIFIC TO THE BOAT ASSISTANCE GUARANTEE
 
In addition to the exclusions described in paragraph 3-1 and 3-7, this guarantee shall never be granted:

- For the costs paid without Group C.S.A. or TOKIO MARINE ASSISTANCE’s agreement,
- For the searching and sea assistance costs,
- For the fuel costs,
- For the mending costs,
- For the customs,
- For the costs caused by the luggage and personal outfits theft on the boat.
 
3.9. EXCLUSIONS SPECIFIC TO THE MARINE INDIVIDUAL GUARANTEE
 
In addition to the exclusions described in paragraph 3-1 and 3-7, the guarantee shall never be valid for the damage:

- Deliberately caused by the policyholder,
- Due to the driving in a drunken state, when the alcohol level is equal or above 0.5 gramme,
- Caused by the policyholder’s suicide,
- Due to parachuting or hang-gliding.
The practice of a sport includes trainings, trials or sport races or events:

- Occurring while the policyholder pilots an airplane,
- Occurring while the policyholder is passenger on an airplane which does not belong to a passenger transport company. This exclusion is in use only in the case of a group contract with optional joining,
- Caused by a foreign war, the policyholder has to prove that the damage is due to another event,
- Caused by civil war, the insurance company has to prove that the damage is due to one of these events;
Caused or worsened by:

- Weapons or missiles planned to explode by structure modification of nucleus,
- And ionizing radiation, to which the policyholder is predictably exposed, even sporadically, during and because of his usual professional activity.
Moreover, any person who has deliberately caused the damage is excluded from the guarantee.
 
 
 
ARTICLE 4 – WHEN IS THE CONTRACT OPERATIVE FROM?
 
The covers become effective as soon as you have paid online, the receipt of the cheque or the bank transfer effective on the Groupe CSA bank account.
 
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 HAVE TO DO IN CASE OF DAMAGE ?
 
Please contact Groupe C.S.A. (WITHIN THE 5 DAYS FOLLOWING THE DAMAGE), your travel Agency or your hiring Company as soon as possible.
Send an email to : france@skipper.fr
Or write to :
Groupe CSA
Centre de Gestion
France Cautain
BP 40029
46, rue Rouget de Lisle 
95240 Cormeilles-en-Parisis

Phone : +33.(0)1.39.31.33
Gsm : +33.(0)6.83.31.49.45
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.
In case of robbery, you must declare the complaint within 48 hours directly to the Police or local authorities.
You must take measures to limit the amount of the damages (transfert of the hiring contract by the boat Agency to a new Insured, protection of the boat in case of damages, replacement of the skipper, etc…)
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.
- All informations to complete the damage file ( warning notice of maritime safeguard societies, meteorological stations, medical authorities, report of the damage agent, copy of the logbook, sea report, copy of the legislative documents and international, national or local authorities.


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…)


For the REPLACEMENT OF THE SKIPPER GUARANTEE:


You must supply: Fees for the trip and for the salary of the skipper of substitute, all documents necessary to justify his replacement, all regulation documents justifying the number of the days delayed.

For the SEARCHING, RESCUE AND TRANSPORT FEES:


You must supply: All documents necessary to prove the facts and all supporting invoices.


For the WHEATHER-RISK GUARANTEE:

You must supply: The contract, meteorological report of the morning and the afternoon for each day concerned and delivered by the maritime authorities.

For the PROTECTION OF THE DEPOSIT GUARANTEE:


You must supply: Photos of the damages, photos of the boat with its name readable, check in and check out, sea report, logbook, the contract with the amount of the deposit, the repairing invoice already paid, copy of the invoices of the material replaced, copy of the invoice of the sails, expert report and all documentary evidence regarding the causes and the importance of the damage.


For the ASSISTANCE TO THE BOAT GUARANTEE:


You must supply: All documents and/or invoices necessary to prove the real facts.


For the ASSISTANCE TO THE PERSON GUARANTEE:


You must supply: All documents necessary to prove the real facts.


For the LUGGAGE, PERSONAL OUTFITS AND ITMES GUARANTEE:


You must supply: All documents (paid for by the Insured), all information (invoices purchase, receipt of the complaint, accounts, official report coming from the shipping company, etc..).
In case of robbery or damage during the transit, any complaint must be done by letter with receipt to the company in charged of the transit. You must immediately advise us if you recover a part or all damaged items.
If the items are recovered one month after the damage, you must accept to have them back. We repay the damages and the saveguard fees of the invoice already engaged for the capital guarantee with “luggage, items and personal effects”.
If the recover comes after the payment of the invoice, you must within one month, choose between leaving the items or repossessing them. In case of recover, you must restore the indemnity corresponding, minus the amount of possible damages and the recover engaged fees.


For the INDIVIDUAL MARINE GUARANTEE:


You must supply: A report precising the circumstances of the accident, an extract of the death certificate or an individual report of the registry office labelled with the insured named, a medical certificate indicating the cause of the death and describing the injury. In the case of a statement of offence has been established, the name of the authority who made it, the document proving the quality of the beneficiary (the familial statement of offence, heredity certificate) and the name and address of notary public in charged of the succession, the documentary evidence of the children (familial statement of offence, school certificate).


IMPORTANT : The beneficiary who supplies intentionally wrong information or uses wrong documents or distorted documents, in the intention of deceiving the Insurer, looses all rights for the guarantee for the damage in cause.
All the measures useful must be done as soon as possible to limit the consequences of the damage and rush the recover of the insured whom has to accept the medical cares necessary by his state. The insured’s doctor must be able to see to the insured to notice his state of health.
All insubordination without justification to submit to this control, after formal notice by letter with receipt, breaks off rights of the insured.


ESTIMATE OF THE MATERIAL DAMAGES AND METHOD OF PAYMENT OF THE DAMAGE:
The insurance can’t be a cause of profit for the insured, it guarantees only the repairing of the real losses.
As the sum insured can’t be a prove of the existence or the value of the damaged items during the event insured, you must be able to justify them with documents and prove the importance of the damage.
The items and personal effects are estimated with their replacement value the day of the damage, deduced the deterioration.
The proportional rules planned in the clause L.121.5 of the insurance code is not usable.
The fees to obtain the documents and/or reports asked in the clause 6 above, stay to the charge of the insured.
As soon as the insured file is complete and approved by an expert, a proportion of indemnity will be sent, this one will have to be returned accepted to the address of Groupe C.S.A.
The insured will receive his indemnity in the 4 weeks following the reception of this acceptation by the insurance company.


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.


PRESCRIBING


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.


MEDIATION


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.


SUBROGATION


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.


RECLAMATIONS

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 KILN INSURANCE LIMITED
6/8 Boulevard Haussman
75009 Paris
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.


REGULATORY BODY


In accordance with the Insurance Code (section L 112-4), it is stated that  
TOKIO MARINE KILN INSURANCE Limited,  Insurance Company is jointly regulated in the United Kingdom by the Prudential Regulation Authority located at 20 Moorgate London, EC2R 6DA – England) and the Financial Conduct Authority located at 25 The North Colonnade, Canary Wharf, London E14 5HS - England
Note from the translator: Translation from an original document in French. In the event of any discrepancies or misinterpretations resulting from the translation process, the original document in French will always prevail. The translator is not responsible for the contents of this document.


Skipper is a registered trade-mark of Groupe C.S.A. All reproduction is not allowed.