ARTICLE I. DEFINITIONS, DURATION AND TERRITORIALITY OF THE INSURANCE
For the purposes of these Guarantees, it is understood by:
Insurer: AXA ASSISTANCE, trade name of INTER PARTNER ASSISTANCE S.A., BRANCH IN SPAIN, with NIF nº W-0171985-E, with address in Barcelona, calle Tarragona nº 161, with insurance code E0196, issuer of this policy, which in its status as Insurer and by collecting the premium, assumes the coverage of the risks of this contract and guarantees its benefits, in accordance with the conditions of the policy.
Policyholder: The individual or legal entity that appears in the Particular Conditions of this policy. AONTAEDS will include, among the services offered to the associations and travel agencies with which it maintains commercial links, an assistance product INTER PARTNER ASSISTANCE S.A., SUCURSAL EN ESPAÑA, to offer the end customer of said travel agencies, whose guarantees are detailed in the General conditions of the policy. The policyholder contracts the policy on behalf of the Travel Agencies, who are responsible for paying the premiums of the policies sold to their clients or insured.
Insured: Each of the natural persons, residing in Spain or Andorra, clients of the travel agency linked to the Policyholder and notified by it, and who appear in the Certificates issued.
Relatives: They will be considered relatives of the insured, their spouse or partner, or person who as such lives permanently with the insured, or one of their ascendants or descendants of the first or second degree of consanguinity (parents, children, grandparents, grandchildren). , of a brother or sister, brother-in-law or sister-in-law, son-in-law, daughter-in-law or in-laws.
Baggage: All objects for personal use that the insured person carries with them during the trip, as well as those sent by any means of transport.
Valuables: Valuables include jewelry, watches, noble metal objects, furs, paintings, art objects, silver and precious metals, unique objects.
Robbery: Robbery is understood only as the abduction committed by means of violence or intimidation of persons or force on things.
Insurance Duration: The period of time specified in the Certificates.
Territoriality: The guarantees of this insurance cover Spain, Andorra, France and Portugal, depending on the destination contracted with the Policyholder. The benefits covered by this policy will take place when the insured is 25 km from the Insured’s habitual residence (except in the Balearic and Canary Islands where it will be more than 10 km).
II. BASIC GUARANTEES COVERED
1. Transportation or medical repatriation of wounded and sick
In the event of the Insured suffering an illness or accident, the Insurer will be responsible for:
a) The amount of ambulance transport costs to the nearest clinic or hospital.
b) Prior control by your Medical Team, in contact with the doctor who treats the injured or sick Insured, to determine the appropriate measures for the best treatment to follow and the most suitable means of transfer to the most appropriate hospital or to your home.
2. Transportation or repatriation of deceased
a) The Insurer will be responsible for all the formalities to be carried out in the place of death of the Insured, as well as their transport or repatriation to the place of burial in their country of habitual residence.
b) The Insurer will be in charge of transporting the insured family members to the burial place. Likewise, the insurer is subrogated to the rights of the insured for the initially planned return tickets.
c) If the insured companions are under 15 years of age or disabled and do not have a family member or trusted person to accompany them on the trip, the Insurer will provide a person to travel with them to the place of burial.
3. Early return due to serious damage to the main residence or professional premises
In the event of a fire, water or gas leak in your residence (main or secondary) or in your professional premises if the insured is a direct operator or if he exercises a liberal profession there, the Insurer will pay for a one-way ticket and return so that the insured and up to two companions (persons included in the same travel program contracted jointly and who must meet the condition of also being insured of this insurance policy) move to their home or professional premises.
4. Early return due to the death of a relative of up to the second degree:
If any of the Insured must interrupt their trip due to the death of their spouse, ascendant or descendant up to a second
degree, or brother, INTER PARTNER ASSISTANCE will take charge of transportation, round trip, by plane (tourist class) or train (1st class), from the place where you are to the place of burial.
Alternatively, at their choice, the Insured may opt for two plane tickets (tourist class) or train (1st class), to their habitual residence.
5. Transmission of urgent messages
The Insurer will be in charge of transmitting urgent messages entrusted to it by the Insured, derived from the events covered by
6. Cancellation of Reservations
The Insurer will be responsible for up to a maximum of €2,000, of the actual costs of cancellation of the reservation contractually due to the organizer of the same when the Insured cancels his reservation before departure for reasons of:
1) Death, minimum hospitalization of one night, serious illness or serious bodily accident of:
– The Insured, their spouse, common-law partner or person who as such lives permanently with the Insured, or one of their first or second degree ascendants or descendants (parents, children, grandparents, grandchildren), of a brother or sister, brother or sister-in-law, son-in-law, daughter-in-law or in-laws.
– Of the person in charge during the trip of the Insured of the custody of the elderly, minors or disabled.
– Of the professional substitute of the Insured, in his job, provided that this circumstance prevents him from carrying out the trip due to the requirement of the company of which he is an employee.
For hedging purposes, it is understood by:
– Serious illness, a health disorder that implies the need to rest and that, in the opinion of a doctor, makes it impossible to start the trip on the scheduled date.
– Serious bodily accident, unintentional bodily harm on the part of the victim, resulting from a sudden action of an external cause and which, in the opinion of a doctor, makes it impossible to start the trip on the scheduled date.
When the illness or accident affects any of the aforementioned persons, other than those insured by this policy, it will be understood as serious when it implies, after taking out the insurance, minimum hospitalization of one night or the need to stay in bed for at least FIVE days. , or carry the risk of death.
The Insured must report the claim as soon as possible so that the Insured, when deemed necessary and appropriate, sends an independent and external medical expert to the Insurer itself, in order to objectively and impartially assess the coverage of the case.
2) Of a serious matter that affects the residence (main or secondary) or professional premises if the insured is a direct operator or if he exercises a liberal profession there, and occurred within two weeks before the start of the trip and after to the date of subscription of the insurance contract.
3) At the job dismissal of the insured, not at the end of the employment contract.
4) At the summons of the insured as part or witness of a judicial, labor court.
5) Due to the incorporation of the insured to a new job, in a different company with a labor contract of more than one year, provided that the incorporation occurs after the registration of the trip and, therefore, the subscription of the insurance .
6) Delivery of a child for adoption.
7) Due to transplantation of an organ of the insured or any of his relatives described above.
8) Call as a member of a polling station, which requires attendance during the dates of the trip.
9) Presentation to official opposition exams called through a public body after the insurance subscription and that coincides with the dates of the trip.
10) Geographical transfer of the job whenever it implies a change of address of the insured during the planned dates of the trip and it is a worker for someone else. The transfer must have been notified to the insured after the insurance was taken out.
11) Police retention of the insured, occurred after the subscription of the insurance, which coincides with the dates of the trip.
12) Parallel income statement, made by the Ministry of Finance, whose presentation coincides with the dates of the trip and which requires the presence of the insured.
13) Serious complications of pregnancy, or miscarriage, that by medical prescription prevent the trip. Said complications must be subsequent to the subscription of the trip. Deliveries and complications from the same are excluded from the 7th month of gestation.
14) Concession of official scholarships, published through a public body after the registration of the trip and that coincides with the dates of the trip.
15) Medical quarantine decreed by the competent health authorities after the registration of the trip that prevents it from being carried out.
16) Judicial declaration of voluntary or necessary bankruptcy of the company owned by the insured, which occurred after the subscription of the trip, making it impossible to carry it out.
17) Judicial summons for divorce proceedings that occurs after the subscription of the trip and coincides with the date of the trip.
18) Call for the presentation and signing of official documents by the competent authority received after the subscription of the trip and that requires attendance during the dates of the trip.
19) Serious operation of the insured or one of his relatives as defined above.
20) Declaration of catastrophic zone in the place of domicile of the Insured or in the destination of the trip.
21) The cancellation expenses of up to two companions who must meet the condition of also being insured by this insurance policy and who have jointly contracted the trip at the agency, as a result of cancellation for any of the reasons described, are also guaranteed. prior to the trip by the insured.
This guarantee must be contracted on the day of confirmation of the reservation, or a maximum of 7 days after it.
7. Holidays not taken
This guarantee will apply only when the INSURED is forced to end his stay, once it has started, and return early to his place of residence, due to any of the causes of repatriation or early return covered by the coverage of this policy.
The Insurer will be responsible for up to a maximum of €2,000 per reservation.
The reimbursement of vacation expenses not enjoyed may not exceed the result of dividing the total amount of the reservation by the actual number of days of the contracted stay, multiplied by the number of days remaining to complete it from the moment in which the insured is repatriated, for any of the causes described above by the insured.
8. Sending objects forgotten in the Hotel or Apartment
In case of forgetting luggage and personal effects, during the stay in the hotel or apartment, the Insurer will advise the Insured
to report the facts. If said objects were recovered, the Insurer will be in charge of dispatching them to the place where the Insured is traveling or to his/her home address.
9. Sending a professional driver
In the event of repatriation of the insured, for any of the reasons described in these general conditions, or because he is incapacitated for driving without any of the other occupants of the vehicle being able to replace him, the Insurer will provide the insured with a professional driver so that can transport the vehicle and its occupants to the address of the insured in Spain or to the place of destination according to their choice, as long as the time allocated to said destination is not greater than the time spent returning to the address of the insured.
10. Private Civil Liability.
The INSURER is responsible for, up to the indicated sum of €60,000.00, the pecuniary compensation, which in accordance with articles 1,902 to
1910 of the Civil Code, or similar provisions provided for by foreign legislation, the INSURED would be obliged to pay, in his capacity as a private person, as civilly liable for bodily or material damages, involuntarily caused during travel to third parties in their persons, animals or stuff. The POLICYHOLDER of the insurance, the rest of the Insured by this policy, their spouses, domestic partner registered as such in an official, local Autonomous or national Registry, ascendants and descendants or any other family member who lives with them are not considered third parties. either of them, as well as their partners, employees and any other person who in fact or in law depend on the POLICYHOLDER or the Insured, while they act within the scope of said dependency.
This limit includes the payment of legal costs and expenses, as well as the constitution of the Judicial bonds required of the INSURED.
11. Theft and material damage to luggage
Reimbursement for damages and loss of luggage or personal effects of the Insured is guaranteed in case of theft, total or partial loss due to the carrier or damage as a result of fire or assault, occurring during the course of the trip, up to a maximum of 600€.
Theft and simple loss due to the Insured himself are excluded, as well as money, documents and valuables. Cameras and accessories for photography, radio, telephony, sound or image recording, electronic equipment, as well as their accessories, are included up to 50% of the sum insured on all luggage.
To make the provision effective in case of theft, it will be necessary to file a complaint before the competent authorities at the scene; and in claims caused by the carrier, it will be necessary to provide the incident report (P.I.R) and
proof of non-recovery of luggage after 30 days from the loss of it.
III. DELIMITATIONS OF THE CONTRACT,
A. General Exclusions Relating to all the Basic Guarantees
1. The guarantees and benefits that have not been requested from the Insurer and that have not been made with or by its agreement, except in cases of force majeure or proven material impossibility.
2. In case of war, demonstrations and popular movements, acts of terrorism and sabotage, strikes, arrests by
any authority for a crime not derived from a traffic accident, restrictions on free movement or any other case of force majeure, unless the Insured proves that the incident is not related to such events.
3. Claims caused by fraud by the Insured, the Policyholder, the beneficiaries or the persons traveling with the Insured.
4. The practice of sports in the following modalities, even as an amateur: mountaineering, boxing, skydiving, hang gliding, gliding, polo, rugby, shooting, yachting, judo, bobsleigh, caving, scuba diving, martial arts, skiing and those practiced with motor vehicles.
5. Accidents or breakdowns that occur in the practice of sports competitions, official or private, as well as training or tests and betting.
6. Psychic, mental or nervous illnesses with or without hospitalization.
7. The rescue of people in the sea, mountains or desert.
8. Claims caused by radiation from transmutation or nuclear disintegration or radioactivity.
9. The Insurer’s obligations derived from the coverage of this policy end the moment the insured has returned to his habitual residence, or has been admitted to a health center no more than 25 km away from said address.
10. Illnesses or injuries that occur as a consequence of chronic illnesses or prior to the start of the trip, of the insured, as well as their complications and relapses.
11. Suicide or illnesses and injuries resulting from the attempt or intentionally caused by the Insured to himself, as well as those derived from criminal actions of the Insured directly or indirectly.
12. The treatment of diseases or pathological states produced by the intentional ingestion or administration of toxins (drugs), narcotics, or by the use of medicines without a medical prescription.
13. The expenses of any type of prosthesis, repairs and dental pieces, glasses and contact lenses.
14. Births and pregnancies, except for unforeseeable complications in the first seven months.
15. Injuries sustained in the exercise of a profession of a manual nature.
16. Any type of medical or pharmaceutical fees or expense of less than €10.
17. In the transfer or repatriation of the deceased: burial and ceremony expenses.
18. The Insurer will not cover, reimburse or assume any assistance when the supply, payment or provision thereof exposes the Insurer to a sanction, prohibition or restriction by virtue of any United Nations Resolution or by virtue of trade embargoes and economic, sanctions, laws or any other regulation promulgated by the European Union, the United Kingdom or the United States of America.
B. General Exclusions Related to the cancellation guarantee.
It’s not guaranteed the cancellations of trips originating from:
1. Aesthetic treatment, a cure, a contraindication for air travel, the lack or contraindication of vaccination, the impossibility
to follow in certain destinations the recommended preventive medical treatment, the voluntary interruption of pregnancies, alcoholism, the consumption of drugs and narcotics, unless these have been prescribed by a doctor and are consumed as indicated.
2. Mental, psychic or nervous illnesses and depressions, with or without hospitalization, of the insured.
3. Participation in competitions, contests, bets, fights, crimes, duels.
4. Illnesses that are being treated or require medical care within the thirty days prior to both the date of booking the trip and the date of inclusion in the insurance.
5. War (civil or foreign) declared or not, riots, acts of terrorism, radioactivity effect, popular movements, as well as the conscious non-observance of official prohibitions.
6. The non-presentation for any reason of the essential documents for the trip (passport, air tickets, visas, vaccination certificates)
7. Willful acts, as well as self-intentioned injuries, suicide or attempted suicide.
8. Pandemics, epidemics at the destination.
9. The refusal by the Insured to receive a visit from the medical expert established in section 1) of the guarantee for cancellation of trips not started, when the insurer determines the need for the medical expert.
10. Risk pregnancies, as long as they are related to pathologies or previous conditions of the insured, and/or as long as they do not cause a complication.
1. Any type of Responsibility that corresponds to the Insured for driving motor vehicles, aircraft and boats, as well as the use of firearms.
2. Civil Liability derived from any professional, union, political or associative activity.
3. The fines or sanctions imposed by Courts or authorities of all kinds.
4. Liability derived from practicing sports as professionals and from the following modalities, even as an amateur: mountaineering, boxing, skydiving, hang gliding, gliding, polo, rugby, shooting, yachting, judo, bobsleigh, caving, martial arts and those practiced with motor vehicles.
5. Damage to entrusted objects, by any title to the Insured.
ARTICLE IV. ADDITIONAL PROVISIONS REGARDING ALL WARRANTIES
For the provision, by the Insurer, of the services inherent to the previous guarantees, it is essential that the Insured request their intervention, from the moment of the event, up to a maximum period of 7 calendar days, to one of the telephone numbers indicated in the information that you will receive once you have taken out the insurance (you can do it collect).
In telephone communications requesting the provision of the aforementioned guarantees, they must indicate:
Name of the Insured and the subscriber
· The place is located
· Phone number
Type of assistance required.
Once the emergency call is received, the Insurer will immediately put into operation the appropriate mechanisms to be able, through its International Organization, to directly assist the Insured wherever they are.
It is the obligation of the insured to reduce the consequences of the accident using the means at his disposal, with the effects provided for in article 17 of the Insurance Contract Law.
In the event that injuries or illness cause the request for repatriation or transport, inform the Insurer by telephone, telex or telegram indicating:
· Home Address
· The telephone number of the doctor and/or hospital treating or in which the patient is located
If you have needed medical, pharmaceutical and hospital assistance, provide the Insurer with the following supporting documents:
· Certificate of the competent Medical Authority.
· Invoices and fee notes.
· Detailed statement of illness or accident.
Immediately transmit to the Insurer all notices, summonses, requirements, letters, summonses and, in general, all judicial or extrajudicial documents that, due to an event that gives rise to liability covered by the insurance, are addressed to him or to the cause thereof.
In the event of theft, report the fact to the local police authority, within forty-eight hours from the moment you became aware of the incident.
The Insurer is not responsible for delays or non-compliance due to force majeure or special administrative or
policies of a given country. In any case, if due to force majeure or the other causes indicated, direct intervention by the Insurer is not possible, the Insured will be reimbursed upon his return to his domicile in his country of habitual residence, or in case of need, as soon as You are in a country where the above circumstances do not apply, of the expenses that you have incurred and are guaranteed, by presenting the corresponding supporting documents.
Except for the situations mentioned above, the Insurer must be, as an essential condition, immediately notified of the accident that has occurred, and medical services and medical transport must be carried out with the prior agreement of the doctor at the hospital that treats the Insured with the Medical Team of the Underwriter.
In relation to transportation or repatriation expenses and in the event that the Insured is entitled to reimbursement for the part of the ticket (plane, sea, etc.) in their unused possession, said reimbursement must revert to the Insurer.
The indemnities agreed under the aforementioned guarantees will be effective regardless of the existence of other insurance. Said compensation will be subject to the insurer’s right of subrogation with respect to the contracts that the insured may have covering the same risks, or social security benefits or, finally, any other collective welfare scheme.
Initiation and duration of the contract.
· The contract will enter into force on the date indicated in the Particular Conditions.
· The contract will remain in force for the period specified in the Particular Conditions.
· At the expiration of the stipulated term, if the contract is of annual duration, it will be tacitly extended for one more year, and so on, unless one of the parties has requested its termination under the terms provided in article 22 of the Law .
· Once the termination has been notified in the established manner, no new certificates will be issued and the policy will be considered definitively terminated when all the certificates in force have expired.
In the event of breach by the Policyholder or the Insured of the duties mentioned in the previous point, the Insurer may only claim damages, unless the Law provides otherwise.
Variations in the composition of the Group
The policyholder is obliged to notify the Insurer of the variations that occur in the composition of the insured group, which may consist of:
Additions: Originated by the inclusion in the Insured list of those people who, belonging to the Insurable group, satisfy the conditions of adhesion at a time after the entry into force of the Group Insurance.
The taking effect of each registration will take place on the next maturity date of the premium or installment, once the Particular Conditions have been satisfied.
Loss: Will take place due to the departure of the Insured Group or the Insurable. When the Insured cancels the insurance due to leaving the Insurable Group, they may request the Insurer to continue their insurance, submitting to the individual contracting rules.
The Insurer will issue the corresponding insurance certificate stating the name of the insured and the guarantees covered.
In the event of loss of any insurance certificate, it will be canceled and the Insurer will issue a duplicate thereof.
ARTICLE V. SUBROGATION
The Insurer will be subrogated in the rights and actions that correspond to the Insured due to events that have motivated the intervention of the Insured and up to the total cost of the services provided.
ARTICLE VI. JURISDICTION
The Insured and Inter Partner Assistance submit to Spanish legislation and jurisdiction for the purposes of this contract as indicated in the Particular Conditions of the policy.
The competent judge for the hearing of the actions derived from this contract will be the one of the domicile of the Insured.
ARTICLE VII. INFORMATION ON DATA PROTECTION
In the case of including in this application data of natural persons other than the policyholder, the latter must previously inform such persons of the points indicated in the following paragraphs.
The applicant agrees that the personal data that may appear in this application are included in the files of the Mediator and INTER PARTNER ASSISTANCE. The purpose of processing such data is to facilitate the establishment and development of contractual relationships that link the applicant with the Insurance Entity.
The personal data provided will be subject to communication to other Insurance Entities or public bodies related to the insurance sector, for statistical purposes, to fight against fraud or for the purposes of risk coinsurance or reinsurance.
The provision of consent to said treatment is essential for the formalization of the contractual relationship referred to in the present document, not being possible without it.
The applicant may exercise the rights of access, opposition, rectification and cancellation before the Brokerage or before the Insurance Entity, in the terms provided in the data protection legislation, directing their communications to the registered office of the same.
Likewise, the applicant authorizes INTER PARTNER ASSISTANCE to process their data in order to send them information about other insurance products marketed by the Company and to assign them to other Group Companies for the same purpose.
01. Transportation or medical repatriation of wounded and sick – Included
02. Transportation or repatriation of deceased – Included
03. Early return due to serious damage to the main residence or professional premises – Included
04. Early return due to the death of a relative of up to the second degree – Included
05. Transmission of urgent messages – Included
06. Cancellation of reservations: 2,000 euros per reservation of up to 5 people
07. Holidays not enjoyed: 2,000 euros per reservation of up to 5 people
08. Sending effects forgotten in the hotel or apartment – Included
09. Sending a professional driver – Included
10. Private Civil Liability: 60,000 euros
11. Theft and material damage to luggage: 600 euros
VERY IMPORTANT NOTE: The cancellation guarantee must be contracted on the day of confirmation of the reservation or maximum within seven days after it. The operative event that causes the cancellation of the trip must always be after the contract.