Cancellation

 

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CONTRACT No. 7494
CANCELLATION

To declare your insurance claims:


Visit our TOURISM ASSISTANCE PRESENCE site:
www.gestion.presenceassistance.com

– Complete the field « number of your travel file » with the file number in your registration
invoice.
– Complete the field « name of main traveller » with your surnames and first names.
– Complete the accident declaration form which will enable you, in a few clicks, to receive
an email giving your file number and all the documents which must be supplied.


Through this site you will be able to send us your documentation and monitor the
state of progress of your application in real time.
You need information about your contract?
Please reach PRESENCE ASSISTANCE by email at relationclients@presenceassistance.com
We will answer from Monday to Friday From 9:30 AM to 5 PM

Cancellation

Cancellation

ARTICLE 1 – DEFINITIONS AND SUBSCRIPTION PERIOD

DEFINITIONS
We, the Insurer
MUTUAIDE ASSISTANCE, 126 rue de la Piazza – CS20010 – 93196 Noisy le Grand cédex FRANCE. Joint-stock
company with capital of €12,558,240; Company governed by the Insurance Code – RCS 383 974 086 Bobigny; VAT
FR 31 383 974 086.

Bodily accident
Immediate impairment of health deriving from sudden action of an unintentional external cause suffered by the
victim and recorded by a competent medical authority.

Serious bodily accident
Immediate impairment of health deriving from sudden action of an unintentional external cause suffered by the
victim and recorded by a competent medical authority leading to the issue of a prescription for medicines for the
sick person, and implying cessation of all professional and other activities.

Attack
All acts of violence, constituting a criminal or illegal attack made against persons and/or property in the country
in which you are staying, intended to cause serious public disorder through intimidation and terror, and subject
to media coverage.
This « attack » must be identified by the French Foreign Ministry or the French Home Office.
If several attacks take place on the same day in the same country and if the authorities consider these to
constitute a single coordinated action, this event shall be considered to be a single event.

Insured
Natural person or group duly insured under the present contract and referred to, hereinafter, by the term « you ».
These persons can be domiciled anywhere in the world.

Natural catastrophe
Abnormal intensity of a natural agent not caused by human intervention. A phenomenon, such as an earthquake,
a volcanic eruption, a tidal wave, a flood or natural cataclysm, caused by the abnormal intensity of a natural
agent, and recognised as such by the public authorities.

COM
The term « COM » refers to the French Overseas Communities, i.e. French Polynesia, Saint-Pierre-et-Miquelon,
Wallis and Futuna, Saint Martin and Saint-Barthélemy.

Covered journey
A trip for which you have been insured, and have paid the corresponding premium, with a maximum trip of 90
days.

Domicile
The Insured’s main, habitual place of residence is considered to be their domicile. Cover is operative for Insureds
domiciled throughout the whole world. In event of a dispute the tax domicile constitutes the domicile

DOM-ROM, COM and communities with unique statuses
Guadeloupe; Martinique, French Guyana, Réunion, French Polynesia Saint Pierre et Miquelon, Wallis and Futuna,
Mayotte, Saint-Martin, Saint Barthélemy, New Caledonia.

DROM
The term « DROM » refers to the Overseas Départements and Regions, i.e. Guadeloupe, Martinique, French
Guyana, La Réunion and Mayotte.

Duration of cover
• “Cancellation” cover takes effect on the date you sign your insurance contract, and expires on the date of your
departure on your journey.

Epidemic
Incidence of illnesses abnormally high during a particular period and in a particular area
Events providing insurance cover
– Cancellation

France
Mainland France and Corsica.

Excess
Share of casualty which must be paid by the Insured stipulated by the contract if compensation is paid after a
casualty. The excess can be expressed as a sum of money, a percentage, or in days, hours or kilometres.

Long-haul:
The term « long-haul » refers to travel to countries which are not listed in the definitions « France » and « MediumHaul ».

Sickness
Sudden and unforeseeable deterioration of health recorded by a competent medical authority.

Serious illness
Sudden and unforeseeable deterioration of health recorded by a competent medical authority leading to the
issue of a prescription for medicines for the sick person, and implying cessation of all professional and other
activities.

Maximum per event
If the cover is for several insureds who are victims of the same event, and insured with the same special terms,
the insurer’s cover is in any event limited to the maximum sum stipulated for this cover, regardless of the number
of victims. The compensation is consequently reduced and paid in proportion to the number of victims.

Family members
Your legal or de facto spouse or any person bound to you by a civil solidarity pact, your ascendants or descendants
or those of your spouse, your fathers-in-law, mothers-in-law, brothers, sisters, including children of the spouse
or cohabitee partner of one of your direct ascendants, brothers-in-law, sisters-in-law, sons-in-law, daughters-inlaw, or those of your spouse. They must be domiciled in the same country as you, unless otherwise contractually
stipulated.

Medium-haul:
The term « Medium-haul » refers to travel to Albania, Algeria, Germany, Andorra, Austria, Balearics, Belarus,
Belgium, Bosnia-Herzegovina, Bulgaria, Canary Islands, Cyprus, Crete, Croatia, Denmark, Egypt, Spain, Estonia,
Finland, Faroe Islands, Georgia, Gibraltar, Greece, Hungary, Ireland, Iceland, Israel, Italy, Jordan, Latvia, Lebanon,
Liechtenstein, Lithuania, Luxembourg, Libya, Macedonia, Madeira, Malta, Morocco, Monaco, Montenegro,
Norway, Netherlands, Poland, Portugal, Romania, United Kingdom, Russian Federation, San Marino, Sardinia,
Serbia, Sicily, Slovakia, Slovenia, Sweden, Switzerland, Czech Republic, Tunisia, Turkey, Ukraine, Vatican

Invalidity
All fraud, forgeries or false declarations or false testimonies which may activate the cover stipulated in the
agreement invalidate our undertakings and the rights provided in the said agreement.

Pandemics
Epidemics developed in a vast area, beyond the borders and qualified as pandemics by World Health Organisation
(WHO) and/or by the local sanitary authorities where the claim took place.

Quarantine
Isolation in which people are placed in the case of suspected or confirmed illness, decided by a local sanitary
authority, to prevent the spread of the disease in an epidemic or pandemic context.

Casualty
Event of a random nature which triggers the cover of the present contract.

Territorial coverage
Whole world.

SUBSCRIPTION PERIOD
To be valid the present contract must without fail be signed simultaneously with the purchase of the journey.
As an exception, the present contract may be purchased within 7 days of the purchase of the journey, but in
this case the 10-day claims waiting period shall be applied from the purchase date.
However, if the journey cancellation is due to a modification or abolition of paid leave by the employer, or to
the theft of identity documents, the casualty will be covered only if the purchase is SIMULTANEOUS with
purchase of the journey.


ARTICLE 2 – DESCRIPTION OF THE INSURANCE COVER

CANCELLATION

CANCELLATION FOR MEDICAL REASONS
You are covered for the reasons and circumstances listed hereinafter, excluding all others, subject to the limit of
cover and the excess stated in the Table of Cover.

Serious illness (including epidemic or pandemic illness declared during the month before departure), Serious
bodily accident or death, including the consequences, sequels, complications or aggravation of a sickness or
accident, recorded before the purchase of your journey, of:

– yourself, or your legal or de facto spouse,
– your ascendants or descendants to the 2nd degree,
– your brothers, sisters, including the children of the spouse or cohabitee partner of one of your direct
ascendants, your parents-in-law, brothers-in-law, sisters-in-law, son-in-law, daughter-in-law.

• Pregnancy complications of the insured up to the 28th week.
– which lead to absolute cessation of all professional or other activity, provided that at the time of
departure you are not more than 6 months pregnant or,

• State of pregnancy of the insured
– if the intrinsic nature of the journey is incompatible with a state of pregnancy, provided that you are not
aware of your condition when you signed the Contract.

• Cancellation if you are suspected to have been in contact with a Covid carrier within 14 days before departure
– A document issued by sanitary authorities declaring that you have been in contact with a COVID
carrier will be required to get the refund

Denied boarding following the taking of temperature at the airport (day of the departure), or positive
PCR/RADT test before departure.

– A document issued by the airline or the sanitary authorities who denied the boarding will be required
to get the refund.

Lack of vaccination against COVID-19
– If when you subscribe the contract, the country of destination did not impose a vaccine against COVID19, and when he imposes it, you do not have enough time to get your vaccine before departure to be
allowed to travel.
– Contraindication to immunization, consequences of vaccination, or medical impossibility to take
preventative treatment mandatory to enter the destination country.

It is your responsibility to establish the reality of the situation giving entitlement to our services; we therefore
reserve the right to refuse your request, on the opinion of our doctors, if the information supplied does not
prove the materiality of the facts.


CANCELLATION FOR ANY OTHER JUSTIFIED REASON

You are also covered, up to the limit stated in the Table of Cover, against all other random events, of any kind
whatsoever, constituting an immediate, real and serious obstacle, preventing your departure and/or exercise
of the activities planned during your trip. The term « random event » is understood to mean all sudden,
unforeseeable circumstances independent of the insured will justifying cancellation of the journey. There must
be a direct causal link between the random event and the impossibility of leaving.

However, cover is operative, for the following causes, only under the conditions described precisely below:

• Serious illness, Serious bodily accident or death, including the consequences, sequels, complications or
aggravation of a sickness or accident, recorded before the purchase of your journey, of:
– your ascendants or descendants beyond the 2nd degree, your tutor or any other person living habitually
under your roof,
– your uncles, aunts, nephews and nieces.
– your designated professional replacement chosen at the moment of purchase,
– the person designated when signing the present contract as having responsibility, during your trip, for
keeping or accompanying on holiday your minor children, or the disabled person living under your roof,
provided there is more than 48 hours’ hospitalisation, or death,

Serious material damage requiring absolutely your presence on the date of the planned departure in order for
you to take the necessary protective measures, following a fire, water damage or natural elements, and affecting
more than 50% of your private or professional premises.

Theft from private or professional premises, absolutely requiring your presence on the date of departure,
provided it has occurred within the 48 hours preceding the departure for the journey.

Your medical appointment notice for an organ transplant, on a date before or during the planned journey,
provided the appointment notice was not known when the Contract was signed.

A vaccination contraindication, or contraindication relating to the effects of vaccination, or medical
impossibility of following a necessary preventive treatment for the destination chosen for your journey.

Serious damage to your vehicle occurring within 48 hours preceding departure, if it can no longer be used to
convey you to the location of your trip.

An accident or breakdown of your means of transport occurring during transport to the departure point,
leading to a delay of more than two hours, makes you miss the flight reserved for your departure, provided you
have taken measures to arrive at the airport at least 2 hours before the final boarding time.

Redundancy on economic grounds or redundancy of your spouse or de facto spouse, provided that the
procedure was not started on the date when you signed the present Contract and/or that you were not aware
of the date of the event when you signed the contract.

Obtaining a paid employment or remunerated traineeship, taking effect before or during the dates scheduled
for your journey, when you were registered with the Job Centre, provided this is not a case of prolongation,
renewal or amendment of a type of contract, nor a mission provided by a temporary employment company.

Convocation of an imperative, unforeseeable nature which cannot be postponed, issued by an authority,
on a date occurring during the planned journey, provided the convocation was not known when you
signed the Contract.

Convocation, on a date occurring during your journey, to a university re-sit examination, provided that the
failure of the examination was not known when you signed the present Contract.

Refusal of a tourist visa by the authorities of the country chosen for your journey, provided that you did not
file any application refused by these authorities during a previous journey, that your actions meant that they
could reach a decision prior to your journey, and provided that you have met the constraints demanded by the
administrative authorities of this country.

Your professional transfer, not for disciplinary reasons, imposed by your employer, obliging you to move home
during the term of your insured journey, or within 8 days preceding your departure, provided that the transfer
was not known when you signed the Contract. This cover is granted to salaried employees, except for members
of a liberal profession, directors, legal company representatives, independent workers, self-employed trades
persons, and entertainment industry workers on short-term contracts.

Cancellation or modification of the date of your paid leave by your employer. This cover is granted to salaried
employees, except for members of a liberal profession, directors, legal company representatives, independent
workers, self-employed trades persons, and entertainment industry workers on short-term contracts. The
employer must have given prior, written agreement to this leave, which is a vested right, before you signed the
Contract.

Your convocation to adopt a child within 15 days preceding your departure or during the period of your insured
trip, provided that the convocation was not known when you signed the Contract,

Cancellation due to separation of a couple, whether married, bound under a civil solidarity pact or reputed
spouses. This cover is operative only on presentation of legal and administrative documents proving the real
nature of the separation or of cohabitation in the case of unmarried cohabitation (divorce procedure,
termination of the PACS [civil solidarity pact] contract, all documents proving the couple’s cohabitation,
electricity and gas utility bills, telecoms bills, joint bank accounts, joint declaration, etc.).

Theft, within 48 hours preceding your departure, of your identity documents (passport, identity card)
essential to cross the borders which must be crossed
during your journey, provided that a declaration of theft
has been made, as soon as the theft came to your attention, to the closest police authorities.

• Cancellation for a guaranteed reason
of one or more persons registered at the same time as you (Maximum 9
persons for the entire application), insured under the present contract. If you wish to make the journey alone,
account is taken of the additional costs, although our reimbursement cannot exceed the sum due in the event of
cancellation on the date of the event.

Costs for a change of name charged by the service-provider if, for a guaranteed event, you prefer to have
yourself replaced by another person rather than to cancel your trip. Our reimbursement cannot exceed the value
due in the event of cancellation on the date when the name is changed.

In all cases of journey cancellation, the compensation will be paid to you minus a specific excess stated in the
table of cover sums and excesses. This excess also applies to persons registered at the same time as you insured
under the present Contract.

VALUE OF COVER

The compensation paid in application of the present Contract can under no circumstances exceed the price of
the journey declared when signing the present Contract and within the limits stipulated in the Table of Cover,
per insured person, and per event.
We shall reimburse to you the value of the cancellation costs invoiced according to the cancellation table listed
in the travel agency’s general terms.

Administrative costs invoiced by the travel organiser or travel agency after cancellation or modification of the
journey, costs of tips and visas, all taxes reimbursable to the travel agency or to the insured by the carrier or
all collection agencies, and the premium paid in consideration for signing the present contract, are not
reimbursable.

WITHIN WHAT PERIOD MUST YOU DECLARE THE CASUALTY?

Two stages

1/ At the first appearance of the illness, or as soon as you are aware of the event triggering the cover, you must
IMMEDIATELY inform your travel agency.

If you cancel the journey subsequently with your travel agency our reimbursement will be limited to the value
of the costs which you would have had to pay on the date of the casualty, in accordance with the table of
cancellation costs given in the Special Terms of the sales contract of the tour operator, travel agency or airline.
This clause implies that any difference between the cancellation costs calculated on the date of the casualty
used by our services and those calculated by the organiser of the journey, shown on your cancellation costs
invoice, will be payable by you.


2/ Secondly, you must declare the casualty to PRESENCE ASSISTANCE, within five working days of the event
causing the guarantee.

WHAT ARE YOUR OBLIGATIONS IN THE EVENT OF A CASUALTY?

Your written casualty declaration must be accompanied:
– in the event of an illness or accident, by a medical certificate and/or an administrative hospitalisation
certificate stating the origin, nature, seriousness and foreseeable consequences of the illness or
accident,
– in event of death, by a certificate and by the personal details form,
– in other cases, by all documents proving the reason for your cancellation.

You must also send all information or documents which are asked from you to prove the reason for your
cancellation, and in particular:
– all photocopies of prescriptions prescribing medicines, analyses or examinations, together with all
documents proving that they have been delivered or performed, and in particular the medical expenses
reclaim forms including, in the case of prescribed medicines, copies of the corresponding stickers.
– the statements of the Social Security or of any other similar organisation, relative to the
reimbursement of the treatment costs and to the payment of the daily sickness benefit,
– the invoice of cancellation costs for the value used by the organiser of the journey or agency,
– the number of your insurance contract,
– the registration form issued by the travel agency,
– in the event of an accident, you must state its causes and circumstances, and give us the names and
addresses of the responsible parties and also, if applicable, of any witnesses,
– in the event of denied boarding: a document issued by the airline or sanitary authorities who denied
the boarding is required to get the refund
– the currently valid identity documents (recto/verso) of all insureds affected by the casualty
– and all other documents required to manage your claim.

In addition, it is expressly agreed that you accept in advance the principle of a check-up by our consulting doctor.
Consequently, if you oppose this without legitimate reason you will lose your entitlement to the guarantee.

WHAT WE EXCLUDE

The Cancellation cover does not cover circumstances where it is not possible to leave for reasons relating to
border closure, material organisation, or to the accommodation conditions or safety conditions of the
destination.

In addition to the exclusions common to all forms of cover, the following are also excluded:

♦ An event, a sickness or accident which has been observed for the first time, where a relapse has
occurred, which has aggravated or which has led to hospitalisation between the date on which the
trip was purchased and the date on which the insurance contract was signed,
♦ All circumstances which are detrimental merely in terms of amenity,
♦ Pregnancy, including complications, after the 28th week and in all cases abortion, delivery, in-vitro
fertilisation and consequences of these,
♦ Omission of vaccination,
♦ Failures of all kinds, including financial failure, of the carrier, making performance of its contractual
obligations impossible,
♦ Insufficient or excess snow,
♦ All medical events the diagnosis, symptoms or causes of which are of a mental, psychological or
psychiatric nature, which have not led to hospitalisation for more than 3 consecutive days after the
present Contract is signed,
♦ Pollution, the local health situation, natural catastrophes in France and DROM covered by the
procedure referred to by law No. 82.600 of 13 July 1982 and their consequences, meteorological or
climatic events,
♦ The consequences of criminal proceedings in which you are concerned,
♦ All events occurring between the date of registration for the journey and the date on which the
insurance contract is signed.
♦ Absence of unforeseeable circumstances,
♦ Of an intentional deed and/or one sanctioned by law, consequences of alcoholic states and
consumption of drugs, of all narcotic substances mentioned in the Public Health Code, of medicines
and treatments not prescribed by a doctor,
♦ Merely due to the fact that the French Minister of Foreign Affairs recommends not travelling to the
geographical destination of the journey;
♦ Of an act of negligence by yourself;
♦ Of any event for which the travel agency could be held liable in application of the Tourism Code in
force;
♦ Failure, for any reason whatsoever, to show documents essential for the trip, such as passport,
identity card, visa, transport tickets, vaccination record except in the event of theft of the passport or
identity card within 48 hours preceding departure.


ARTICLE 3 – GENERAL EXCLUSIONS


The following do not give rise to any action on our part:

Services which have not been requested during the trip or which have not been arranged by us, or in
agreement with us, do not give right, afterwards, to a refund or compensation,
• Meal and hotel costs, except those specified in the text of the guarantees,
• Damage caused intentionally by the Beneficiary/Insured and those resulting from his or her participation
in a crime, an offence or a fight, except in self-defence,
• The amount of the damages and their consequences,
• The use of narcotics or drugs not prescribed medically,
• Being under the influence of alcohol,
• Customs duties,
• Participation as a competitor in a competitive sport or in a rally giving the right to a national or
international classification which is organised by a sports federation for which a license is issued, and
training for these competitions,
• The practice, professionally, of any sport,
• Participation in competitions or in endurance or speeding events and their preparatory tests, on board
any land, water or air locomotive,
• The consequences of non-compliance with recognised safety rules related to the practice of any
recreational sports activity,
• Expenses incurred after the return from the trip or the expiry of the guarantee,
• Accidents resulting from your participation, even as an amateur in the following sports: motor sports
(regardless of the motor vehicle used), air sports, mountaineering, bob-sleigh, dangerous animal
hunting, ice hockey, tobogganing, combat sports, caving, snow sports with an international, national or regional ranking,
• The voluntary non-observance of the regulations of the country visited or the practice of activities not
authorised by the local authorities,
• Official prohibitions, asset seizures or constraints by law enforcement officers,
• The use by the Beneficiary/ Insured of air navigation equipment,
• The use of the tools of war, explosives or firearms,
• Damage resulting from intentional or fraudulent misconduct of the Insured in accordance with Article
l.113-1 of the French Insurance Code,
• Suicide and attempted suicide,
• Epidemics unless otherwise stipulated in the guarantee, pollution, natural disasters,
• Civil or foreign war, riots, strikes, popular movements, acts of terrorism, hostage-taking,
• The decay of an atomic nucleus or any radiation from an energy s
ource having a radioactive character.

MUTUAIDE ASSISTANCE cannot under any circumstances be held liable for breaches or setbacks in the
performance of its obligations that may result from force majeure, or events such as civil or foreign war, riots
or popular movements, lockouts, strikes, attacks, acts of terrorism, piracy, storms and hurricanes,
earthquakes, cyclones, volcanic eruptions or other cataclysms, the decay of an atomic nucleus, the explosion
of devices and radioactive nuclear effects, epidemics, the effects of pollution and natural disasters, the effects
of radiation or any other fortuitous event or force majeure, or their consequences.

ARTICLE 4 – HANDLING OF COMPLAINTS

In case of disagreement or dissatisfaction on the implementation of your contract, we invite you to contact
PRESENCE ASSISTANCE TOURISME by calling 01.55 90 47 51 or by writing to
reclamation@presenceassistance.com for the insurance guarantees listed below:
– Cancellation

If you are not satisfied with the answer you get, you can write to:
MUTUAIDE
Insurance Department
TSA 20296
94368 Bry sur Marne Cedex

MUTUAIDE agrees to acknowledge receipt of your letter within 10 working days. It will be processed within 2
months at most.

If the disagreement persists, you may refer the matter for Insurance Mediation by postal mail to:
La Médiation de l’Assurance
TSA 50110
75441 Paris Cedex 09




ARTICLE 5 – DATA COLLECTION

The Insured acknowledges that the Insurer processes his personal data in accordance with the regulations in
effect relative to the processing of such data and the protection of privacy, notably the provisions of the
French Data Protection Act No. 78-17 of 6 January 1978 as amended and the General Data Protection
Regulation (Regulation 2016/679 of 27 April 2016) and that, furthermore:

  • Answers to the questions asked are compulsory and that, in the event of false declarations or omissions, the
    consequences for him/her may be nullity of the contract (Article L 113-8 of the Insurance Code) or the
    reduction of compensation (Article L 113-9 of the Insurance Code),
  • The processing of personal data is necessary for subscription and execution of its contract and guarantees,
    for management of the commercial and contractual relationship and for the execution of legal, regulatory or
    administrative provisions in effect.
  • The data collected and processed is kept for the duration necessary to fulfil the contract or legal obligation.
    This data is then archived in accordance with the periods provided for in the provisions relative to the statute
    of limitations.
  • The recipients of the data concerning the Insured are, within the limits of their authority, the Insurer’s
    departments in charge of establishment, management and execution of the Insurance Contract and
    guarantees, its delegates, agents, partners, subcontractors and reinsurers in the context of exercising their
    assignments for the purposes described below.
    It may also be sent, if appropriate, to professional bodies and to all persons involved in the contract, such as
    lawyers, experts, court officials and judicial officers, trustees, guardians or investigators.
    Information concerning him/her may also be sent to any persons recognized as Authorized Third Parties
    (courts, arbitrators, mediators, concerned ministries, supervisory and regulatory authorities and all public
    bodies authorized to receive it, as well as to the services in charge of control such as statutory auditors, other
    auditors and services in charge of internal control).
  • In its capacity as a financial institution, the Insurer is subject to the legal obligations arising mainly from the
    Monetary and Financial Code in terms of the fight against money laundering and terrorist financing and, as
    such, it implements a contract monitoring process that may lead to the drafting of a suspicious transaction
    report or an asset-freezing measure.
    Data and documents concerning the Insured are kept for a period of five (5) years from the close of the
    contract or termination of the relationship.
  • The Insured’s personal data may also be used in the context of processing to combat insurance fraud which
    may lead, if necessary, to inclusion on a list of persons presenting a risk of fraud.
    This inclusion may result in longer examination of the case, or even reduction or refusal of the benefit of a
    right, service, contract or service proposed.
    In this context, personal data concerning the Insured (or concerning the persons who are parties or concerned
    by the contract) may be processed by any authorised person working within the entities of the Insurer Group
    in the context of the fight against fraud. This data may also be intended for the authorised personnel of the
    organisations directly concerned by fraud (other insurance organisations or intermediaries, judicial
    authorities, mediators, arbitrators, court officials, judicial officers, third-party organisations authorised by a
    legal provision and, where applicable, victims of acts of fraud or their representatives).
    In the event of a fraud alert, the data is kept for a maximum of six (6) months to qualify the alert and then
    deleted, unless the alert proves to be relevant. In the event of a relevant alert, the data is kept for up to five
    (5) years from the close of the fraud case, or until the end of the legal proceedings and the applicable statute
    of limitations.
    For persons on a list of suspected fraudsters, their data is deleted 5 years after placement on the list.
  • In its capacity as Insurer, the Insurer is entitled to process data relative to offences, convictions and security
    measures, either at the time of subscription of the contract or during its execution or in the context of
    managing disputes.
  • Personal data may also be used by the Insurer within the framework of processing operations that it
    implements for its legitimate interest and whose purpose is research and development to improve the quality
    or relevance of its future insurance and/or assistance products and service offers.
  • Personal data concerning the Insured may be accessible to some of the Insurer’s employees or service
    providers established in countries outside the European Union. In this case, the Insurer agrees to take all the
    necessary measures to ensure the protection of the personal data transmitted.
  • The Insured has the right to access, rectify or delete the data processed, and the right to limit or object to
    the processing of his/her data, by proving his/her identity. He also has the right to request that the use of his
    data be limited when it is no longer necessary, or to retrieve the data he has provided in a structured format,
    when it is necessary for the contract or when he has consented to the use of such data.
    He has the right to set guidelines on the fate of his personal data after his death. These guidelines, whether
    general or specific, relate to the storage, deletion and disclosure of his data after his death.
    These rights may be exercised by contacting the Insurer’s Data Protection Representative:
    • by e-mail: at DRPO@MUTUAIDE.fr
      or
    • by postal mail: by writing to the following address: Délégué représentant à la protection des données
      MUTUAIDE ASSISTANCE – 126, rue de la Piazza – CS 20010 – 93196 Noisy le Grand CEDEX.

After having made a request to the Data Protection Officer without receiving satisfaction, he has the possibility of referring the matter to the CNIL (Commission Nationale de l’Informatique et des Libertés).

ARTICLE 6 – SUBROGATION

MUTUAIDE ASSISTANCE is subrogated, up to the value of the compensation paid and the services supplied by it,
to the Beneficiary’s rights and actions, against all persons liable for the actions which led to its intervention.
When the services provided in performance of the agreement are wholly or partly covered by another company
or institution, MUTUAIDE ASSISTANCE is subrogated to the beneficiary’s rights and actions against this company
or institution.

ARTICLE 7 – LIMITATION PERIOD

In application of article L 114-1 of the Insurance Code, all actions stemming from the present contract are subject
to statutory limitation two years after the event having given rise to them. This period is increased to ten years
in the case of death cover, and the beneficiaries’ actions are subject to statutory limitation at the latest thirty
years after this event.
However, this period commences only:
• in the event of non-disclosure, omission, or false or inaccurate declaration concerning the risk incurred, on
the date when it came to the Insurer’s attention;
• in the case of an incident, on the date on which it came to the attention of the interested parties if they
prove that they were unaware of it previously.
When the cause of the Insured’s action against the Insurer is a third-party action, this period of limitation
commences only on the date on which this third party has brought a legal action against the Insured or has been
compensated by the latter.
This period of limitation can be suspended, pursuant to article L 114-2 of the Insurance Code, by one of the
following ordinary causes of suspension:
• acknowledgement by the debtor of the right of the party against which it was making a claim (article 2240
of the Civil Code);
• an action in law, even on an urgent basis, until extinction of the case. The same applies even when it is
brought before a court without jurisdiction, or when the act of referral to the court is cancelled due to a
procedural irregularity (articles 2241 and 2242 of the Civil Code). The suspension is void if the applicant
abandons its application, or allows the case to lapse, or if its application is definitively dismissed (article 2243
of the Civil Code);
• a protective measure taken in application of the Civil Enforcement Procedures Code or a specific
performance measure (article 2244 of the Civil Code).
It should be noted that:
The notice given to one of the joint and several debtors by an action in law or by a specific performance measure,
or recognition by the debtor of the right of the party against whom it was making a claim suspends the period of
statutory limitation against all others, even against their heirs.
Conversely, the notice given to one of the heirs of a joint and several debtors or the acknowledgement of this
heir does not suspend the period of statutory limitation with regard to the other joint heirs, even in the case of
a mortgage debt, if the obligation is divisible. Such notice or recognition suspends the period of statutory
limitation, with regard to the other joint heirs, only in respect of the share for which this heir is liable.
To suspend the period of statutory limitation completely, with regard to the other joint debtors, notice must be
given to all the heirs of the deceased debtor, or all these heirs must be recognised (article 2245 of the Civil Code).
Notice given to the principal debtor or recognition of it suspends the period of statutory limitation against the
surety (article 2246 of the Civil Code).
The period of statutory limitation can also be suspended by:
• the appointment of an expert following a claim;
• Despatch of a registered letter with acknowledgement of receipt (sent by the Insurer to the Insured on the
subject of the action for payment of the contribution, and sent by the Insured to the Insurer on the subject
of payment of the claim).

ARTICLE 8 – SETTLEMENT OF DISPUTES

All disputes arising between the Insurer and the Insured relating to the determination and payment of claims
shall be referred, by the first party to take such a measure, if an amicable resolution cannot be reached, to the
court with jurisdiction of the beneficiary’s domicile, pursuant to the provisions stipulated in article R 114-1 of the
Insurance Code.

ARTICLE 9 – FALSE DECLARATIONS

When they change the subject of the risk or reduce our opinion of it:
• Any non-disclosure or intentionally false declarations by you invalidates the contract. Premiums paid

remain vested with us, and we shall be entitled to require payment of the premiums due, as stipulated
in article L 113.8 of the Insurance Code.
• Any omissions or inaccurate declarations by yourself where no dishonesty is established lead to
termination of the contract 10 days after the notification which will be sent to you by registered letter
and/or application of reduced compensation under the Insurance Code, as stipulated in article L
113.9.

ARTICLE 10 – SUPERVISORY AUTHORITY

The authority responsible for regulating MUTUAIDE ASSISTANCE is the Autorité de Contrôle Prudentiel et de
Résolution (ACPR) – 4, place de Budapest – CS 92 459 – 75 436 Paris Cedex 9.