General Terms and Conditions
ACE Insurances
ACE European Group Limited
Avenue des Nerviens 9-31
B - 1040 Bruxelles/Belgique
Numéro d'entreprise : 867.068.548
Siège social : 100 Leadenhall Street, London EC3A 3BP, UK.
Company Number: 1112892.
Entreprise agréée pour pratiquer les opérations d'assurances suivantes : 01a,
02, 03, 04, 05, 06, 07, 08, 09, 10a, 10b, 11, 12, 13, 14, 15, 16, 17, 18.
M.B. 13-09-2004 - CBFA code 2312
MasterCard Business Miles & More Luxair
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GENERAL TERMS AND CONDITIONS
MasterCard Business Miles & More Luxair
Policy no. BEBOAA00619
COVER AND SUMS COVERED
Cover
MasterCard Business Miles & More Luxair
Travel Cover
Death
Invalidity
250,000 EUR
Maximum 250,000 EUR
Trip cancellation and
interruption
3,000 EUR per person and per claim
up to 10,000 EUR per claim and per year
Delayed baggage
+ 8 h - 500 EUR per claim per insured party
Baggage insurance
500 EUR per claim per insured party
(48 h and over)
Flight delays
Extended stay
+ 4 h - 500 EUR per trip
+ 24 h - 150 EUR per day for 7 days with a max of 1,000 EUR per trip
Missed departure
350 EUR per claim
1. GENERAL DEFINITIONS
For application of these General Terms and Conditions, the following terms should be
understood as defined below:
a) COMPANY: the insurance company ACE European Group Limited, insurance
company accredited under the CBFA (Banking, Finance and Insurance
Commission) code number 2312.
b) INSURANCE INTERMEDIARY: any individual or legal entity which, as defined by
the amended Luxembourg Law of 6 December 1991 on the insurance sector,
provides insurance intermediation or practises such activity.
c) POLICYHOLDER: Banque et Caisse d’Epargne de l’Etat, Luxembourg (BCEE),
autonomous public institution, RCS B30775, located at 1, Place de Metz, L-2954
Luxembourg.
d) INSURED PARTY: the holder of the valid MasterCard Business Miles & More
Luxair credit card from BCEE (where card number’s first eight digits are 5331
6700) and family members living under his roof.
e) FAMILY: spouse or partner of the Insured Party or legitimate, natural or adoptive
children or those of his spouse or partner, when they travel with the cardholder or
separately.
f) SPOUSE: any individual, married to an Insured Party designated in the General
Terms and Conditions, or legal cohabitant living with this person under the same
roof for at least six months before the date of effect of the agreement. A partner
as defined by the Luxembourg Law of 9 July 2004 relating to the legal effects of
certain partnerships should also be considered as a spouse.
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g) CHILD: living under the same roof as the parents up to the age of 25 years.
h) CLOSE RELATIVE: means the spouse or partner, living at the same address,
mother, mother-in-law, father, father-in-law, daughter, daughter-in-law, son, sonin-law, sister, sister-in-law, brother, brother-in-law, grandparent, grandchild, aunt,
uncle, niece or nephew of a person covered.
i) BENEFICIARY: in the case of death of the Insured Party subsequent to bodily
injury, unless another person has been appointed by him, the non-divorced, nonseparated spouse or partner, or otherwise and in equal shares, children, and
otherwise the other legitimate heirs of the Insured Party in the order set forth by
the Luxembourg Civil Code, except for the state.
In other cases, the sums due will be paid to the Insured Party.
Persons who intentionally cause the bodily injury may not benefit from the
insurance.
j) BODILY INJURY: injury caused by an accident, which alone and independently of
any other cause, gives rise to cover being implemented within three years from
the date of injury.
The following are not bodily injury: a physical or mental illness, any condition
which occurs naturally, any cause which operates gradually and any mental posttraumatic syndrome, unless it is the direct consequence of an insured bodily
injury.
The following are considered as accidents:
• infections resulting directly from a covered accident, excluding any
infection which is the result of human or other intervention after the
occurrence of the covered accident;
• poisoning and bodily injuries due to the unintentional absorption of toxic or
corrosive substances;
• asphyxia due to the unexpected action of gas or noxious vapours;
• drowning and infectious illnesses resulting from an involuntary fall into
water or an infected liquid;
• frostbite, heatstroke, sunstroke, starvation and exhaustion following
shipwrecking, forced landing, landslides, avalanches and flooding;
• bodily injury resulting from assaults or attacks to which the Insured Party is
victim unless it is proven that he took an active part as author or instigator
of these events;
• dislocation, distortion, straining and tearing of muscles caused by a
sudden physical effort.
k) PERMANENT DISABILITY: permanent reduction in physical, psychosensory or
intellectual capacity of the victim. This disability can be total or partial.
l) ILLNESS: Any deterioration in health observed by a competent medical authority,
the origin of which can be attributed to bodily injury.
m) CONSOLIDATION: time when injuries are fixed and become permanent in nature
so that treatment is no longer necessary, if not to prevent aggravation, and it
becomes possible to assess a certain degree of permanent invalidity causing
definitive prejudice.
n) INTANGIBLE DAMAGES: any prejudice resulting from the loss of advantages
attached to a right or the loss of enjoyment of a service provided by an asset or by
a person in particular: loss of use of moveable or immoveable assets, increase in
general costs, reduced or suspended production, loss of benefit from loss of
clients or market or any other similar prejudice.
o) GEOGRAPHICAL SCOPE OF AGREEMENT: entire world.
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p) ABROAD: any country except the country where the Insured Party has his place
of residence for taxation purposes.
q) WAR: war, invasion, act by foreign enemy, civil war, rebellion, insurrection, taking
or usurping of power by the military or any collective act of violence with the same
catastrophic nature as war.
r) FORCE MAJEURE: event which meets the following criteria when assessed
cumulatively: which is the consequence of an outside cause beyond the control of
the Insured Party, unpredictable and resulting from a natural disaster (earthquake,
storm, volcanic eruption) or a major political event (revolution).
s) COUNTRY OF RESIDENCE: designates the country of residence of the Insured
Party, that is, that in which his main residence for taxation purposes is located
(must be proven by any official document).
t) TRIP COVERED: any travel for purposes other than professional or commercial
with a distance of over 150 km from the domicile of the Insured Party provided
that the trip includes at least one (1) night (zero night for the travel cover in case
of death and total or partial permanent disability) and at least 30% is paid by
credit card. Travel abroad cannot exceed 90 consecutive days. If the travel or
accommodation has been booked with the MasterCard Business Miles & More
Luxair, the trip is also considered as covered if a pre-booking has been made
even if no payment has been made for travel tickets or accommodation prior to
travelling.
u) CARD PAYMENTS:
any payment made:
. by signing a paper credit card slip;
. by validating the transaction by the card’s secret code (PIN code); or
. by providing the duly registered card number in writing or via an information
technology tool (internet or any form of electronic commerce) duly dated by the
provider, airline or travel agent.
2.
SCOPE OF COVER
Article 1 – Subject of the insurance
Through these General Terms and Conditions, the Company undertakes that the
Insured Party or Parties, making a covered trip of which at least 30% has been paid
or booked by a valid MasterCard Business Miles & More Luxair credit card from
BCEE, shall benefit from the cover stipulated in the present General Terms and
Conditions.
Date of effect of cover: the cover in these General Terms and Conditions takes
effect from the date the Insured Party’s card becomes valid.
Termination of cover: the cover will be immediately and automatically terminated if
the insured card is not renewed or is withdrawn or if the insurance agreement taken
out by the Policyholder with the Company is cancelled, on the date on which the
insurance agreement ends following termination.
It is specified that any payment for travel made or a good purchased before
termination of the insurance agreement taken out by the Policyholder shall be taken
into account according to the present General Terms and Conditions.
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Article 2 – Cover
2.1. Trip cancellation
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
1.
a) Scope of cover
The Company covers up to 3,000 EUR per claim per person and up to 10,000 EUR
per claim per year the amount of costs due by the Insured Party in the event of
cancellation, interruption or modification to the trip as a result of one of the following
causes:
illness or bodily injury of the Insured Party, his spouse or a relative to the second
degree or a person living under the same roof as the Insured Party and for whom he
is responsible, which medically prevents this person from making the planned trip.
death of the Insured Party, his spouse or a relative to the second degree or a person
living under the same roof as the Insured Party and for whom he is responsible.
complications linked to pregnancy of the Insured Party, provided that at the time of
booking the trip the Insured Party was not more than three months pregnant or less
than six months pregnant at the time of departure.
compulsory quarantine or compulsory presence of the Insured Party as member of
the jury at the Cour d’Assises or as a witness before a court, as long as the Insured
Party was not aware of this state of affairs when booking the trip.
hijacking, hostage-taking or kidnapping of the Insured Party, his spouse or a relative
to the second degree or a person living under the same roof as the Insured Party and
for whom he is responsible.
cancellation or limitation of public transport following a strike, unless an alternative
means of transport is made available.
compulsory presence of the Insured Party required by the police following a robbery
at the Insured Party’s place of residence or place of work.
significant material damages to the Insured Party’s place of residence or place of
work following in particular one of the following events, such as fire, storm, flooding,
landslide or malicious acts, provided that the damage could not be predicted at the
time of booking the trip, when it prevents the Insured Party from undertaking the
planned trip and occurs within 60 days prior to the initially planned date of departure.
theft or total immobilisation of the Insured Party’s private vehicle at the time of
departure.
delay at the planned trip start time following immobilisation of more than one hour due
to a traffic accident or case of force majeure on the journey towards the departure
point.
b) Exclusions
Trip cancellations or interruptions due to the following causes are excluded:
suicide, suicide attempt or acts intentionally caused or provoked by the Insured Party
or by the Beneficiary of the Insurance. The following are considered as intentional
acts: a fraudulent, malicious or intentional act or an act of negligence which, due to its
gravity, is considered as intentional fault.
2.
drunkenness or the use of drugs without medical indications unless established by
the Insured Party or Beneficiaries that such a condition is not the cause of the Bodily
Injury.
3.
a nuclear risk or acts of war. The Insured Party is never covered as a soldier in any
army.
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4.
crimes and offences or acts of terrorism or sabotage in which the Insured Party plays
an active part.
5.
piloting any air motor or any aeronautic activity, except as a paying passenger.
6.
the practice of any sport on a professional level: that is, when earnings as a
professional sportsperson exceed 25% of the annual salary.
7.
participation in and training for horseracing, cycling races and speed races using
motorised engines.
8.
the Insured Party’s pregnancy or childbirth, abortion and its complications.
9.
mental illness, post-traumatic syndrome and sexually transmitted diseases, except for
those stipulated in the definition of “Bodily Injury”.
10. Bodily Injury subsequent to an accident or illness, for which a medical or paramedical
treatment was prescribed by a doctor at the time of booking the trip, unless in the
doctor’s opinion there was no contraindication for undertaking the trip.
11. the Insured Party’s insolvency at the time of booking the trip.
12. failing or poor condition of the private vehicle planned for the trip.
13. administrative problems, problems with vaccination or obtaining visas or other entry
documents.
c) Calculating indemnification
Only the real costs due by the Insured Party are reimbursed in the event of the trip
being cancelled or interrupted and these may not exceed the amount stipulated in the
General Terms and Conditions.
Real costs are considered as those to be borne by the Insured Party after deducting
any reimbursements received:
- from the organisers of transportation following the non-use of travel tickets.
- from the travel agent or hotel following the non-use of the services booked.
Moreover, the additional travel costs paid or booked and which are not reimbursable
shall also be repaid to the Insured Party if the trip is interrupted.
2.2. Trip interruption
In the event of an early return, the Insured Party is indemnified:
- for reasonable travel costs for his return to his residence for taxation purposes.
- for the reimbursement of all services on the trip covered not used, calculated where
applicable on a pro rata basis (unused travel tickets, accommodation, excursions,
leisure activities) including the costs typically connected to winter sports (lift passes
etc.) which have been paid or booked and cannot be reimbursed.
a) Conditions and amount of cover:
An interrupted trip is insured up to 3,000 EUR per claim per person and up to 10,000
EUR per claim per year;
Cover is only due in the following cases:
*
Accident, illness or death concerning the Insured Party;
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*
Accident, illness or death occurring to one of the Close Relatives or a Close
Relative of a person travelling with the Insured Party or an associate or any other
person temporarily replacing the Insured Party within the scope of his
professional activities (self-employed profession) or a Close Relative of the
person whom the Insured Party is going to visit, if this visit is the principal
objective of the Insured Party’s trip.
*
Unpredicted serious damage to the Insured Party’s domicile or professional
premises.
*
Theft at the Insured Party’s domicile or professional premises requiring his
presence according to the Police.
b) Exclusions
*
Claims for indemnification for which the Insured Party cannot supply a medical
certificate drawn up by doctor (who is not a Close Relative), this certificate
confirming that his state of health made it necessary to return from his trip before
the date stated on the travel tickets.
*
Consequential damages, resulting from the same problem or peril as previous
damage, which have not been correctly resolved, provided that this problem can
be controlled by the Insured Party.
*
Costs paid by the Insured Party’s home insurance.
2.3. Missed departure cover
a) Scope of cover
The Company covers up to 350 EUR per claim for the amount of the costs due if the
Insured Party misses his departure for the planned boarding of a journey covered,
when caused by one of the following, to enable the Insured Party to continue his trip:
Delay due to airport or railway personnel strike, natural disaster, attack, sabotage or
act of terrorism causing a delay of more than 12 hours for the Insured Party, theft or
total immobilisation of the Insured Party’s private or company vehicle at the time of
departure following for example immobilisation of over one hour due to a traffic
accident or in the case of force majeure on the journey to the place of departure.
The Insured Party must supply proof that the abovementioned events have occurred.
b) Exclusions
The following are excluded,
1.
failing or poor condition of the private or company vehicle planned for the trip.
2.
administrative problems or problems with vaccination or obtaining visas or
other entry documents.
3.
negligence by the Insured Party in organising the trip (wrongly estimating
journey time, forgetfulness) or
4.
deliberate late departure.
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c) Calculating indemnification
Only the real costs due by the Insured Party are reimbursed in the event of the trip
being cancelled or interrupted and these may not exceed the amount stipulated in the
General Terms and Conditions.
Real costs are considered as those to be borne by the Insured Party after deducting
any reimbursements received:
- from the organisers of transportation following the non-use of travel tickets.
- from the travel agent or hotel following the non-use of the services booked.
2.4. Bodily Accidents
a) Death
When an Insured Party is the victim of Bodily Injury during a trip covered and dies as
a result of such injury within three (3) years from its occurrence, the Company shall
pay to the Beneficiary the sum of 250,000 EUR per Insured Party.
b) Total or partial permanent disability
When an Insured Party is the victim of a Bodily Injury during a trip covered and it is
established that he has retained a total or partial invalidity as a result, the Company
shall pay to the Insured Party, at a maximum of 250,000 EUR per Insured Party, the
sum corresponding to the physiological invalidity rate recognised in the Insured Party
on the basis of the “Luxembourg Scale”.
The degree of permanent disability is set when Consolidation of the Insured Party
takes place and no later than at the end of a period of three (3) years from the date of
the accident.
Disability degrees are set excluding any professional or educational consideration.
The anatomic loss of limbs or organs already functionally lost before the accident may
not give rise to indemnification.
Injuries to limbs or organs already disabled are only indemnified for the difference
between the condition before and after the accident.
The evaluation of injuries to a limb or organ cannot be influenced by the pre-existing
disability of another limb or organ.
If several limbs or organs are affected by the same accident, the degrees of disability
will be accumulated, without being able to exceed 100%.
In the event of accidental death before Consolidation, only the lump sum stipulated in
the event of death shall be paid, with any necessary deduction of sums that have
been paid for invalidity.
The death and disability covers cannot be accumulated when they result from the
same accident.
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2.5. Baggage and Baggage Delay
a) Loss and theft of baggage
The Company will pay up to 500 EUR maximum per claim per Insured Party for the
definitive loss of the Insured Party’s baggage during a trip by any means of public
transport. Checked-in baggage which is lost and not found within 48 hours following
arrival at the destination is considered as lost.
The Company also reimburses Established and Non-Established Theft, as defined
hereinafter, of baggage during the trip covered.
b) Baggage
Personal items, excluding financial securities, belonging to the Insured Party or for
which the Insured Party is responsible, brought or sent in advance or acquired during
a business assignment or a trip covered. An excess of 75 EUR per claim will be
applied.
c) Delayed baggage
The Company will reimburse, with documentary evidence, up to a maximum of 500
EUR per claim and per Insured Party, emergency and essential purchases (clothes
and toiletry items that are strictly necessary), if properly checked-in luggage arrives
more than eight (8) hours after the time the Insured Party arrives at the destination.
This cover is not valid for the return to the country of residence. If it proves that this
baggage is definitively lost, the indemnification due for loss and theft of baggage can
be accumulated with that due by the Company for baggage delay cover.
*
*
*
*
*
d) Exclusions
The Company will not pay:
more than the limit per piece of baggage for a pair or series of items.
the devaluation of a currency or losses due to faults or oversights when carrying out a
monetary transaction.
damages or losses not declared to the police or carrier.
damages due to confiscation, seizure or detention by customs or any authority;
damage or loss of any baggage covered by any other insurance or which is the
responsibility of the carrier: in these cases the Company will only pay a supplement to
the indemnifications that the carrier or other insurance agreement must pay, without
exceeding the initial amount stipulated in the General Conditions.
2.6. Flight delay and/or extended stay
a) Risks covered
1 – For a trip covered, the Company reimburses up to a maximum of 500 EUR per
trip (whatever the number of persons) the costs incurred by the Insured Party for
meals, refreshments, hotel costs or return airport or terminal transfer costs, provided
that the delay is of four or more hours after the initial departure times stated on the
travel ticket.
2 – Cases of force majeure: If the Insured Party is stuck abroad for at least 24 hours
due to force majeure, the Company reimburses up to 150 EUR per day* for seven
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days, up to a limit of 1000 EUR*, representing the reasonable unrecoverable costs
incurred for:
• the costs of hotel accommodation and travel between the airport and hotel;
• meals and drinks; telephone costs.
* maximum amount for all insured parties travelling together
b) Cover Conditions
Cover is granted only in the following cases:
1234-
delay or cancellation of a flight registered on an official timetable, booked and
confirmed,
overbooking preventing the Insured Party from boarding the flight on an official
timetable, when booked and confirmed;
late arrival of a flight registered on an official timetable on which the Insured
Party is travelling and which prevents him from catching a connecting flight;
the cover only applies to flights for airlines whose timetables are published in
an official timetable. The cover supplements any other indemnification paid by
the carrier. It is awarded on the basis of the costs actually incurred by the
Insured Party.
c) Exclusions
-
-
delays caused on non-regular flights (flights not registered on an official
timetable),
no reimbursement will be due if the delay experienced is less than four hours
from the initial departure or arrival time (in the case of a connecting flight) of a
flight booked, if registered on an official timetable,
no reimbursement will be due if the delay is the result of a strike or war,
no reimbursement will be due in the event of a temporary or definitive withdrawal
of a flight ordered by:
- the airport authorities,
- the civil aviation authorities,
- or a similar organisation and announced prior to the departure date of the trip,
no reimbursement will be due if a similar means of transport is made available to
the Insured Party by the carrier within a period of 4 hours following the initial
departure time (or arrival time in the case of a connecting flight) of the flight
registered on an official timetable, when booked and confirmed.
In cases of force majeure :
- No indemnification will be due if the Insured Party accepts reimbursement in
connection with the return journey.
- The Insured Party shall forfeit all rights arising from the policy in the event that the
abovementioned conditions are not met.
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3.
GEOGRAPHICAL SCOPE
The insurance is valid in the whole world.
4.
PROCEDURE TO BE FOLLOWED IN THE EVENT OF A CLAIM
Steps to be taken by the Insured Party in the event of a claim
Gras Savoye Luxembourg SA receives declarations of loss, which are sent to the
Company’s Claims Department.
In all cases, the Insured Party must submit:
. a completed and signed declaration of loss indicating the location and
circumstances of the loss. This declaration of loss must be made within thirty (39)
working days following the date on which the loss is discovered.
. proof of card payment.
The Insured Party must declare the claim as quickly as possible to:
BCEE c/o Gras Savoye Luxembourg SA
by email
to: [email protected]
or
by post: BCEE c/o Gras Savoye Luxembourg SA 145, rue du Kiem L-8030
Strassen
or by telephone to BCEE c/o Gras Savoye Luxembourg SA on the following
numbers:
from Luxembourg: 46 96 01 222
from abroad: +352 46 96 01 222
The declaration of loss can be found on the website www.bcee.lu or requested from
BCEE c/o Gras Savoye Luxembourg SA 145, rue du Kiem L-8030 Strassen or by email [email protected]. The declaration is accepted in French, German or English.
The telephone line is open from Monday to Friday from 08:00 to 17:30 hours and is
covered in four languages (French, German, Luxemburgish and English).
An Insured Party or Beneficiary who intentionally supplies false information, makes
false declarations concerning the date, nature, causes, circumstances and
consequences of the loss, or uses false or distorted documents with the intention of
misleading the Company, loses any right to cover for the loss in question.
All useful measures must be taken immediately to limit the consequences of the loss
and hasten the recovery of the Insured Party, who must receive the medical care
required due to his condition.
The agents or doctors that the Company appoints (the agents or doctors appointed
must practise in Luxembourg or the Insured Party’s country of residence) shall,
unless a justified objection is made, have free access to the Insured Party to observe
his condition and where applicable carry out an autopsy. The Insured Party accepts
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that the medical information concerning his state of health be provided to the
Company’s medical expert.
Any unjustified refusal to undergo this check, following formal notice by registered
post with acknowledgement of receipt, shall lead to the Insured Party’s rights being
forfeited.
In the event of a delay attributable to the Insured Party in declaring the loss or in
transmitting information, and if the Company establishes that this delay is detrimental
to its interests, the Insured Party shall himself bear the consequences of this delay to
the extent of the loss sustained by the Company.
Proof of Loss:
In all cases, the Insured Party must supply to the Company:
Proof that 30% of the trip was paid with the card or proof of pre-booking of travel or
accommodation with the card.
The Insured Party must also supply the following documents to the Company:
for a cancelled trip:
. booking confirmation.
. proof of cancellation.
for an interrupted trip:
. booking confirmation.
. a statement from the travel agency concerning the number of unused days, if the trip
was organised by a travel agency.
in the case of death:
. the death certificate.
in the case of illness:
. the medical certificate.
for delays or missed connections:
. the carrier’s certificate.
. the originals of bills/receipts.
for baggage delay/loss/theft
. property irregularity report.
. the originals of bills/receipts.
. details of the indemnification paid by the carrier if applicable.
cases of force majeure
-
the Insured Party must check in before the departure time stated in his travel
itinerary, and
comply with the contractual conditions of the travel agency, tour operator or
carrier, and
stay in contact with the airline and do his utmost to obtain a booking on the first
return flight available that it can offer.
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-
-
inform BCEE c/o Gras Savoye as quickly as possible by telephone, email or by
means of a loss declaration form, within 30 days from discovering the
cancellation or delay of the flight.
attach written confirmation from the airline of the cancellation or delay of the flight
stipulated in the travel itinerary as the direct consequence of force majeure,
and/or
I. the delay duration;
II. confirmation of the new booking on the first return flight available following
cancellation of the initially stipulated flight and details of the return flight.
submit proof of the airline’s refusal to reimburse OR details of the costs it has
reimbursed.
include all useful information, proof and receipts.
the Insured Party authorises the Company to settle any claim with any airline in
his name and, if necessary, shall provide his assistance in preparing the case.
He accepts that the Company can keep the amount recovered until final payment
from the airline.
Bodily Accidents
•
•
•
•
•
•
In the event of an accident covered by this policy, the Insured Party, the Beneficiary
or, otherwise, the legal heirs, must:
in the case of a fatal accident, inform BCEE c/o Gras Savoye Luxembourg SA
immediately;
the declaration of loss shall state the location, date, time, cause and circumstances of
the accident and the identity of witness; a medical certificate recording the nature of
the injuries must be attached;
supply all information and documents that the Company deems useful;
give the Company and its agents free access to the Insured Party;
undergo examination by the doctors appointed by the Company;
authorise the general practitioner to supply to the doctors appointed by the Company
all information requested and strictly necessary concerning both the injuries and
current or previous illnesses or disabilities.
5.
ACTION AGAINST LIABLE THIRD PARTIES
The Company waives the right, in favour of the Insured Parties and Beneficiaries, to
take any action against third parties who are the authors or are legally liable for the
accident. However, it reserves the right to take action to recover the handling costs
paid by it pursuant to the cover stipulated in article 2.1. above.
6.
LIMITATION DUE TO LAPSE OF TIME
The period for bringing any action arising from this agreement is three years.
For any action by the Insured Party, the period starts to run from the date where he
becomes aware of the existence of the agreement, his capacity as beneficiary and
the occurrence of the event on the basis of which the insurance benefits are due. Any
appeal action by the Company against the Insured Party becomes invalid three years
after the date of payment by the Company, except for cases of fraud.
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7.
LIMITS OF INTERVENTION
If several Insured Parties are injured in the same peril, the total amount of
indemnification paid by the Company shall in no circumstance exceed the sum
indicated for the different types of cover. If the total of the sums individually covered
for each of the injured Insured Parties exceeds this sum, the indemnifications for each
are reduced proportionally and paid according to the sum covered for each victim.
8.
APPLICABLE LAW AND JURISDICTION
This agreement is governed by Luxembourg law and in particular the law on
insurance agreements of 27 July 1997 and all extensions, amendments and
implementation rulings thereof. Any dispute between the parties shall be subject to
the exclusive jurisdiction of the courts of and in Luxembourg.
9.
COMPLAINTS
For any difficulty concerning the conditions of application of the insurance, the
Insured Party can write to Gras Savoye Luxembourg SA.
10.
USE OF LANGUAGES
The General Terms and Conditions are issued in French. Any translation thereof is for
information purposes and in the event of a dispute, the conditions in French shall
prevail.
11.
INSURANCE INTERMEDIARY
The insurance intermediary in this agreement is Gras Savoye Luxembourg SA, public
insurance brokerage company, insurance intermediary, the registered office of which
is at 145 rue du Kiem, L-8030 Strassen, registered on the Luxembourg Trade and
Companies Register under number B-24558 and on the Register of Intermediaries
under the number: 2001CM008, and the activity of which is regulated by articles 104
et seq. of the amended Luxembourg Law of 6 December 1991 on the insurance
sector.
Gras Savoye Luxembourg’s registration can be checked on the website
www.commassu.lu.
In accordance with the amended Luxembourg Law of 6 December 1991 on the
insurance sector, Gras Savoye Luxembourg is subject, due to its capacity, to
supervision by the Commissariat aux Assurances (insurance regulatory body - CAA)
located 7, boulevard Royal, L-2449 Luxembourg (Grand Duchy of Luxembourg).
12.
DATA PROTECTION
In accordance with the amended Luxembourg Law of 2 August 2002 concerning the
protection of persons with regard to the processing of personal data, the Insured
Party authorizes the Company and the Policyholder to record and process the data
submitted to them, and any data he later submits to them, in order to assess risks,
prepare, draw up, manage and execute insurance agreements, settle any claims or
prevent any fraud.
The party responsible for processing is the Company. It can disclose this data to third
parties in the circumstances and in accordance with the terms and conditions set forth
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in article 111-1 of the amended Luxembourg Law of 6 December 1991 on the
insurance sector stipulating professional secrecy in insurance.
The Insured Party has the right to access and correct this data, and may exercise this
right by sending a written request to the address of the party responsible for
processing.
13.
CONSENT OF THE INSURED PARTY
The Insured Party authorizes the BCEE to provide the Company respectively the
Insurance Intermediary with data related to the MasterCard Business Miles & More
Luxair as well as the usage of the card, should this be necessary for the Insured Party
to benefit from the insurances and cover defined in the present Terms and
Conditions.
oOo
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