TOUR OPERATOR TRAVELS
INSURANCE CONDITIONS FORM 17233
Travel Cancellation Expenses
The operation of these terms is subject to the validity of the Policy.
Information on the processing of personal data for insurance purposes
(in accordance with Article 13 of Legislative Decree no. 196/2003 - Privacy Code)
This is to inform you that our company, as Personal Data Processing Controller, intends to acquire or has already acquired your Personal Data, including sensitive and judicial data if indispensable, for the purposes of providing the insurance services (1) requested or envisaged in your favour (insurance purposes), including for the fulfilment of related legislative obligations and to prevent any insurance fraud.
The data strictly required for the aforesaid purposes, as supplied by yourself or acquired from third parties, shall be processed in Italy or abroad through appropriate means and procedures, electronic or otherwise, by our employees, associates and other internal and external parties, designated Data Processors and/or Persons in charge of Data Processing, or in any case operating as independent Data Controllers who provide technical, organizational and operational services to use(2).
As part of the provided insurance services, your data may also be disclosed, if necessary, to private and public entities related to the specific insurance relationship or to the insurance and reinsurance sector operating in Italy or abroad(3).
Your data shall not be disclosed to the general public. Without your data – some of which are required by law – we will be unable to provide some or all of our services.
You have the right to be informed of which of your personal data are in our possession and, if certain conditions exist, may exercise rights concerning the use of your data (rectification, updating, cancellation) by contacting the Data Processor in accordance with Article 7:
Europ Assistance Italia S.p.A.
Ufficio Protezione Dati, Piazza Trento, 8 – 20135 Milan UfficioProtezioneDati@europassistance.it
(2) These individuals and entities are part of the “insurance chain” (agents, sub-agents and other agency associates, producers, insurance brokers, banks, investment management companies and other acquisition channels; insurers, co-insurers and re-insurers, pension funds, actuaries, trusted lawyers and physicians, technical consultants, surveyors, auto servicing garages, vehicle demolition centres, healthcare facilities, claim settlement companies and other contract service providers), Generali Group companies and other companies providing contract management and other services, IT, web-based, financial, administrative, filing, correspondence, auditing and accounting certification services, as well as companies specialized in market and service quality surveys.
(3) Contracting Parties, insured parties, participants in pension and healthcare funds, distrainors, lien holders, insurers, co-insurers, re-insurers and associations/consortia (e.g.: ANIA) if the disclosure of data to these entities is essential to provide the aforesaid services and to protect the rights of the insurance industry, institutional bodies and public entities to which the data must be disclosed under regulatory requirements.
Insured Party: the person whose interests are protected by the Insurance. The natural person residing in one of the countries of the European Union or Switzerland who has purchased a tourist package/service from the Contractor.
Natural persons residing in one of the countries not members of the European Union are insured if they have purchased a tourist package from the Contractor which has its destination exclusively in a country acceding to the European Union or Switzerland.
Contracting Party: Oltremare Casa srl with registered office and tax residence in Lecce, Via Loffreda, 2 - P. VAT 03849090752 which stipulates the policy in favour of third parties and pays the related charges.
Europ Assistance: the insurance company and, therefore, Europ Assistance Italia S.p.A. – Registered office, Direction and Offices:: Piazza Trento, 8 – 20135 Milano – Certified e- mail (PEC):
EuropAssistanceItaliaSpA@pec.europassistance.it – Company authorised to provide insurance by Decree no. 19569 issued by the Ministry for Industry, Trade and Crafts on 02 June 1993 (Official Journal no. 152 of 1 July 1993) – registered in section I of the Official Roll of Insurance and Reinsurance Businesses under no. 1.00108 – Company belonging to the Generali Group, registered with the Official Roll of Insurance Groups – Company subject to the management and coordination of Assicurazioni Generali S.p.A.
Deductible: The pre-established fixed amount that is in any case paid by the Insured Party for each claim.
Guarantee: the insurance, other than assistance insurance, for which, in the event of a claim, Europ Assistance recognised indemnity.
Maximum Cover/Amount Insured: the maximum payout established by Europ Assistance in the event of a claim.
Service: the assistance to be supplied in kind, i.e. the aid that must be provided to the Insured Party when required, by Europ Assistance, through its Organisational Structure.
Claim: the damaging event for which the insurance guarantee/service is given.
Excess: the part of the amount of the damages, expressed as a percentage, which remains at the expense of the Insured Party, with a minimum charge that is expressed as an absolute value.
Organisational Structure: the structure of Europ Assistance Italia SpA – P.zza Trento, 8 – 20135 Milan, Italy, comprising managers, staff (doctors, technicians, operators), equipment and devices (centralised and otherwise), operative 24 hours a day, 365 days a year or within alternative limits as may be established by contract, which establishes telephone contact with the Insured Party and deals with the organisation and delivery of the assistance provided for in the policy.
Travel/Trip: the move of the Insured Party for tourism purposes.
SPECIAL RULES WHICH REGULATE INSURANCE IN GENERAL
Art. 1. OTHER INSURANCE
In accordance with the provisions of Art. 1910 of the Italian Civil Code any Insured Party enjoying Provisions/Guarantees similar to those of this policy, by virtue of contracts stipulated with another insurance company, must in any case notify each insurance company of the claim and, specifically, Europ Assistance Italia S.p.A.
Art. 2. LAW GOVERNING THE POLICY AND JURISDICTION
The Policy is governed by Italian law. For all aspects not specifically regulated herein and with reference to the jurisdiction and/or competence of the appointed court, the provisions of Italian law apply.
Art. 3. TIME LIMITS
All rights deriving from the insurance contract will expire two years after the date on which the event occurred on which basis the right is accrued, in accordance with Art. 2952 of the Italian Civil Code.
Art. 4. PAYMENT CURRENCY
Indemnities and reimbursements are paid in Italy, in euros. If expenses are incurred in non-European Union Member States or in EU Member States that have not adopted the euro as their currency, the reimbursement will be calculated at the exchange rate recorded by the European Central Bank on the date on which the Insured Party incurred the expenses.
Art. 5. EFFECTIVE DATE AND DURATION OF COVERAGE
Each Insured party shall be covered throughout the period from the day starts on the day of confirmation of the booked lease and lasts until the day of the beginning of the stay.
Art. 6. PERSONAL DATA PROTECTION
The Insured Party undertakes to inform all parties whose personal data may be processed by Europ Assistance Italia S.p.A., in compliance with the provisions of the insurance contract, of the contents of the above Information on data processing for insurance purposes (pursuant to Art. 13 of Italian Legislative Decree 196/2003 - Privacy Code) and to acquire consent from them to the processing of their data by Europ Assistance Italia S.p.A.
SEZIONE I - TRAVEL OR LEASE CANCELLATION EXPENSES INSURANCE
PARTICULAR SECTION DEFINITIONS
Family members: means the spouse, cohabiting partner, cohabiting in fact in accordance with law, civil union partner, children, parents, brothers / sisters, son / daughter in law, grandparents, grandchildren, in-laws, and how many others are cohabiting insured as long as regularly birth certificate. Injury: the event caused by pure bad, external luck resulting directly in physical injury that can objectively be noted and with the consequence of death, permanent invalidity or temporary incapacity.
Illness: a change in health not caused by an injury. Chronic Illness: illness that is pre-existing as at the stipulation of the Policy and which has, in the last 12 months, involved diagnostic investigations, hospital stays or treatment/therapy.
Sudden illness: an illness of acute onset of which the Insured Party was not aware and which in any case has not been a manifestation, even if sudden, of a previous condition known to the Insured Party.
Pre-existing illness: illness that is the expression or direct consequence of chronic or pre-existing pathological situations in place at the time the guarantee began.
Hospitalisation: a stay in a Healthcare Institute involving at least one night.
Deductible: percentage of the amount able to be liquidated under the terms of the policy, which, in the event of a claim, remains at the expense of the Insured Party.
PARTICULAR SECTION CONDITIONS
Art. 7. SUBJECT OF THE INSURANCE
If the Insured Party, who has to change or cancel before the beginning the booked trip or lease, following one of the causes below, provided that it is unintentional and unforeseeable at the time of booking, is charged by the Tourist Operator, a penalty, Europ Assistance will fully refund this travel cancellation/modification fee, excluding the costs of handling.
The warranty will be provided only after cancellation or modification for:
a) illness, accident (for which is clinically documented the inability to take part in the journey), or death:
- of the Insured Party;
- of a spouse/cohabitant, of a son/doughter, of brothers and sisters, of a parent or of a father/mother-in-law, a son-in-law or granddaughter, grandparents, uncles, grandchildren, Of the Associate or Associate of the Company or associated company or the direct superior of the Insured.
If such persons are not registered to the travel together and at the same time as the Insured Party, in the event of serious illness or accident, the Insured Party must demonstrate that his presence is necessary;
- for any accompanying persons, provided they are insured and registered to the travel together and at the same time as the Insured Party itself.
In the event of a serious illness or injury to one of the persons indicated, it is left to doctors of Europ Assistance to carry out medical check-up;
b) impossibility to take advantage of holidays already planned following employment or dismissal by the employer;
c) material damage affecting the Insured Party's home as a result of a fire or natural disaster for which his presence is necessary and irreplaceable;
d) impossibility to attain, as a result of natural disasters, the place of departure of the organized trip or the leased property;
e) a summons or convocation in Tribunal before the Criminal Judge or convocation as Judge of the People's Court after the registration of the trip.
Art. 8. EXCLUSIONS
The guarantee excludes cases of renunciation caused by:
a. injury, illness or death occurring prior to confirmation of travel;
b. illness occurring prior to confirmation of travel;
c. nerve, mental, neuropsychiatric and psychosomatic diseases;
d. state of pregnancy or consequent pathological situations in cases where conception was prior to the date on which travel was booked;
e. work reasons other than those guaranteed
f. cases in which the Insured Party has not communicated to the Tour Operator or to the agency and also directly to Europ Assistance the formal waiver of the booked trip and / or rental, within five calendar days of the cause of the waiver
g. theft, robbery, loss of identification and/or travel documents;
h. cases where the Insured Party has not sent the communication before the travel/lease start date if the five-day period referred to in point (f) falls after the date of commencement of the travel and / or lease.
The guarantee is also not due for claims incurred or dependent on:
i. floods, inundations, volcanic eruptions, earthquakes, atmospheric phenomena classed as natural disasters, except as indicated in Art. Object of the Assurance of points c) and d), phenomena of, atom nucleus transmutation, radiation caused by the artificial acceleration of atomic particles;
j. War, strikes, uprisings, riots or popular movements, looting, acts of terrorism and vandalism;
k. misconduct of the Insured Party
Art. 9. OBLIGATIONS OF THE INSURED PARTY IN THE EVENT OF A CLAIM
In the event of a change and/or forced renunciation of travel or lease, the Insured Party must, within five calendar days of the onset of the cause of the renunciation and in any case before the travel start date, make a declaration - by accessing the portal https://sinistrionline.europassistance.it and following the instructions (or accessing the website www.europassistance.it, claims section, directly) or must send a telegram or fax to 02.58.47.70.19, with a written declaration addressed to: Ufficio Liquidazione Sinistri (Annullamento Viaggio) (Claims Liquidation Office (Travel Cancellation)) - Europ Assistance Italia S.p.A. - Piazza Trento, 8 – 20135 Milan, specifying:
- first name, last name, address, telephone number;
- Europ Assistance card number;
- the reason for the cancellation or change;
- place at which the Insured Party can be contacted;
If the renunciation and/or change to travel or lease is due to illness and / or injury to one of the persons referred to in point a) of Art. "OBJECT OF INSURANCE", the declaration must also include:
- the address where these persons are available;
- type of pathology;
- the beginning and the end of the pathology.
Within 15 days of the above declaration, the Insured Party must also provide Europ Assistance Italia S.p.A. with the following documents:
- copy of the Europ Assistance card if held by the Insured Party;
- in the event of illness or injury, medical certificate stating the date of the injury or onset of the illness, the specific diagnosis and prognosis days;
- in the event of hospitalisation, a true copy of the original medical record;
- in the event of death, the death certificate;
- travel registration card or similar document;
- receipts (deposit, balance, penalty) of payment of the travel or lease;
- billing statement of confirmation as issued by the Tour Operator/Agency;
- invoice of the Tour Operator/Agency in relation to the penalty charged;
- copy of the cancelled ticket;
- travel regulation and programme;
- travel documents (visas, etc.);
- travel booking contract.
Europ Assistance has the right to gain possession of travel and/or lease documents not used by the Insured Party.
Breach of the obligations relating to the declaration of the Claim may result in the total or partial loss of a right to Indemnity, in accordance with Art. 1915 of the Italian Civil Code.
Art. 10. CRITERIA FOR LIQUIDATION OF THE DAMAGES
Europ Assistance will fully reimburse this penalty, excluding the costs of practical management, up to the maximum amount of contract stipulated in the contract with the Contractor, which may never exceed 15,000.00 Euro per practice
Europ Assistance will fully reimburse this penalty, excluding the costs of practical management, up to the maximum amount of contract stipulated in the contract with the Contracting Party, which may never exceed 15,000.00 Euro per practice.
Europ Assistance reimburses the cancellation penalty:
1. in the event of a change and/or forced renunciation of travel caused by hospitalisation (excluding day hospital and accident & emergency) or death; the penalty will be reimbursed without applying any excess;
2. in the event of renunciation not caused by hospitalisation or death, the penalty will be refunded with the application of a deductible amount equal to 20% of the total penalty; if the penalty should exceed the maximum cover, the deductible amount will be calculated on the latter.
It is agreed that the calculation of the reimbursement will be equivalent to the percentages existing as at the date on which the event took place (Art. 1914 of the Italian Civil Code). Therefore, if the Insured Party should cancel the trip after the event, any greater penalty will be at his/her expense.
Art. 11. PROFESSIONAL SECRECY
The Insured Party releases any doctors, who may be appointed to examine the claim and who examined him before or after the claim, from constraints to professional secrecy with regards to Europ Assistance.
Any complaints concerning the contract or or claim management must be submitted in writing to: Europ Assistance Italia S.p.A. – Ufficio Reclami [Complaints Office]
– Piazza Trento, 8 – 20135 Milan; fax 02.58.47.71.28 – certified e-mail firstname.lastname@example.org - e-mail email@example.com.
Should the complainant not be satisfied with the outcome of the complaint, or in the event that no response is received within forty-five days, he/she may contact the IVASS (Istituto per la Vigilanza sulle Assicurazioni – Insurance Supervisory Institute) – Servizio Tutela del Consumatore (Consumer Protection Service), via del Quirinale 21 - 00187 Rome, accompanying the complaint with all the documentation relating to the claim processed by the Company. In these cases, and for the claims relating to compliance with sector
legislation to be submitted directly to IVASS, the claim must specify:
- first name, surname and domicile of the complainant with any telephone contact number;
- identification of the subject or subjects whose work is complained of;
- a brief, yet complete description of the reason for the complaint;
- a copy of the complaint made to the insurance company and any reply provided by it;
- all documents useful to providing a more complete description of the related circumstances.
The form for submitting the claim to IVASS can be downloaded from the website www.ivass.it.
To settle cross-border disputes, a complaint can be submitted to the IVASS or to the competent foreign system activated using the FIN-NET procedure (by accessing the website: FIN-NET).
Before involving the legal Authority, alternative systems can be used to settle the dispute, as envisaged by law or convention.
Insurance disputes on the determination and estimate of damages under the scope of the policies against the risk of damages (if provided by the Insurance Terms).
In the event of any dispute relating to the determination and estimate of the damages, it is necessary to appeal to a contractual appraisal if envisaged by the policy conditions for settling this type of dispute. The request to activate the contractual appraisal or arbitration, must be addressed to: Ufficio Liquidazione Sinistri [Claims Liquidation Office] – Piazza Trento, 8 – 20135 Milan, by letter sent recorded delivery with advice of receipt or certified e-mail to firstname.lastname@example.org.
If the dispute relates to policies covering the risk of damages in which the contractual appraisal has already been completed or not relating to the determination and estimate of damages, the law envisages the compulsory mediation that constitutes a condition to be able to proceed, with the faculty to first recourse to assisted negotiation.
Insurance disputes on medical issues (if provided by the Insurance Terms).
In the event of a dispute relating to medical issues in connection with injury or illness policies, arbitration must be performed if envisaged by the policy conditions to settle such disputes. The request to activate the contractual appraisal or arbitration, must be addressed to: Ufficio Liquidazione Sinistri [Claims Liquidation Office] – Piazza Trento, 8 – 20135 Milan, by letter sent recorded delivery with advice of receipt or certified e-mail to email@example.com.
If the dispute relates to policies covering injury or illness in which arbitration has already been attempted or not relating to medical matters, the law envisages the compulsory mediation that constitutes a condition to be able to proceed, with the faculty to first recourse to assisted negotiation.
This is without prejudice to the right to bring the matter before the legal authorities.
In order to provide the services/guarantees given in the Policy, Europ Assistance must process the data of the Insured Party and to this end requires, in accordance with Italian Legislative Decree no. 196/03 (the Privacy Code) your consent. In contacting or having Europ Assistance contacted, the Insured Party therefore gives free consent to the processing of his common, sensitive and legal personal data, as indicated in the Privacy Disclosure received.
EUROP ASSISTANCE ITALIA S.p.A.