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CONTRACT No. 102 92 73
CANCELLATION
Dear customer,
Taking into account the characteristics of the benefits you have purchased, the protection you are looking for and the information you have given us, we recommend the cover provided in this insurance contract.
Before subscribing to this insurance contract, we invite you to read this Information Notice and the General Terms and Conditions carefully.
We remind you that subscription to this insurance contract is optional and is not a condition for the purchase of any of the Covered Benefits.
The duration of the insurance contract corresponds to the period between the date of subscription and the date on which all cover ceases.
Sample waiver letter :
“I, the undersigned, ……………………………………………………………………………………………………………… ……………… (Name, First name and Address), hereby renounce my membership No. ………………Done on …………………….
A……………… (Date and Place) from………………………………
In accordance with article L. 112-10 of the French Insurance Code. I hereby declare that, at the date of dispatch of this letter, I am not aware of any claim under the policy.
Signature ……………….
Additional information:
The letter of renunciation of which a model is proposed to you above under the exercise of this right must be addressed to GRITCHEN AFFINITY by letter or any other durable support:
by post:
GRITCHEN AFFINITY – Service souscription
27 rue Charles Durand 18000 BOURGES
or by mail :
[email protected]
If you exercise your right to cancel, the Insurer is obliged to reimburse any premium paid within 30 days of the date on which you exercise your right to cancel.
However, the full premium remains payable to the Insurer if you exercise your right to cancel during the 30-day cancellation period, even though a claim has been made against the policy.
This policy is for anyone seeking protection against the events covered by the ASSURLODGE insurance policy.
Your general terms and conditions contain exclusions and limitations which you should familiarize yourself with before taking out the policy.
This information leaflet and the General Terms and Conditions applicable to your insurance cover will be sent to you before you take out your policy, and will then be sent to the address you have given us. The General Terms and Conditions include a notice on the processing of your personal data, summarizing all your rights in this respect. In the event of contradiction between different documents, the most favorable provision will be applied.
The Member’s agreement to adhere to this Contract may be expressed electronically (on a website or by e-mail), orally in the case of a telephone sale, or in writing in the case of an on-site purchase (on the premises of a Rental Organization).
Membership eligibility conditions are as follows:
– The Member must have booked a Rental Property with a Rental Organization for his or her Stay,
– The rental period of the Property rented by the Member must not exceed 90 consecutive days,
When membership is taken out at the same time as the reservation of the rental Property, it takes effect on receipt of the confirmation without the application of a waiting period.
However, for all subscriptions made after the date of purchase and up to 48 hours after booking, a waiting period of 4 days will apply from the date of subscription, during which the cancellation guarantee will not take effect. The cancellation guarantee will only take effect at the end of this period , unless specifically stated otherwise in the guarantee.
To report a claim, please contact us at the following address:
– Website: www.declare.fr
– By e-mail: [email protected]
– Mail: Gritchen Affinity – Service sinistre – 27 rue Charles Durand – CS70139 – 18021 Bourges Cedex
In the event of dissatisfaction, you should first send your complaint to GRITCHEN AFFINITY by e-mail: [email protected]
You will receive an acknowledgement of receipt of your claim within a maximum of 10 working days from the date it was sent (unless the claim is responded to within this period). You will be kept informed of the progress of the examination of your situation, and will receive, unless an exception is justified in writing, a reply at the latest within two (2) months of the sending of your letter of complaint.
If you are not satisfied with the response, you may contact the customer relations department of AREAS – 47, rue de Miromesnil 75380 Paris cedex 08, www.areas.fr, who will reply within the same timeframe (which cannot be extended), i.e. within two (2) months of the date on which your letter of complaint was sent.
In any event, in the event of persistent disagreement or after the expiry of a period of two (2) months after your complaint has been sent, provided that no legal action has been taken, you may refer the matter to the mediator:
– Electronically:
www.mediation-assurance.org
– By post to the following address
Médiation de l’Assurance – TSA 50110 – 75441 Paris Cedex 09.
The opinion of the Insurance Mediator is not binding on the parties, who are free to accept or reject the proposed solution and refer the matter to the competent court.
PREAMBLE
The ASSURLODGE Contract is an optional group insurance contract (hereinafter referred to as the “Contract”) underwritten by :
Gritchen Affinity, a simplified joint-stock company with share capital of 10.260 euros, registered with the Registre du Commerce et des Sociétés de Bourges under no. 529 150 542, with registered office at 27 rue Charles Durand – 18000 Bourges – VAT no. : FR78529150542 – Société de Courtage d’Assurances with no exclusivity obligation (list of partner insurance companies available on request) subject to the supervision of the ACPR, Autorité de Contrôle Prudentiel et de Résolution, 4 place de Budapest – CS 92459 – 75436 Paris Cedex 09 and registered with the ORIAS in the Insurance Broker category under no. 11061317 (www.orias.fr) – Professional Civil Liability and Financial Guarantee in accordance with Articles L 512-6 and L 512-7 of the French Insurance Code – Subsidiary of GROUPE GRITCHEN ASSURANCES HOLDING, a société par actions simplifiée with capital of 2,312,218.80 euros, registered in the Paris Trade and Companies Register under no. 799 320 726, (hereinafter referred to as “Gritchen Affinity” or the “Broker Manager”).
From :
Aréas Dommages, a fixed-contribution mutual insurance company registered in the Paris Trade and Companies Register under no. 775 670 466, whose head office is located at 47-49 rue de Miromesnil 75380 Paris (hereinafter referred to as the “Insurer” or “AREAS“), for insurance cover: Cancellation, Interruption of stay indicated in SECTION I
AREAS has taken out assistance cover with :
AWP P&C, a public limited company with share capital of €18,510,562.50, registered with the Bobigny Trade and Companies Registry under no. 519 490 080, head office: 7, rue Dora Maar – 93400 Saint-Ouen, France, a travel insurance and assistance company, a private company governed by the French Insurance Code, Autorité de contrôle prudentiel et de résolution (ACPR), 4 Place de Budapest, CS92459, 75436 Paris Cedex – www.acpr.banque-france.fr.
And are implemented by : AWP FRANCE SAS, a SAS company with capital of 7,584,076.86 euros, registered in the Bobigny Trade and Companies Register under no. 490 381 753 RCS, with its registered office at 7, rue Dora Maar – 93400 Saint-Ouen, Société de courtage d’assurances – Inscription ORIAS 07 026 669 – http://www.orias.fr/ (hereinafter referred to as the “Assisteur” or “MONDIAL ASSISTANCE“).
The Contract is managed by Gritchen Affinity for the insurance coverages: Cancellation, Cancellation due to lack or excess of snow, Interruption of stay, Late arrival, Replacement vehicle, Tenant’s holiday liability, Luggage, Breakage or theft of the Tenant’s sports equipment, Impossible return due to exceptional event, Owner’s reimbursement, Unavailability of the reserved property, Owner’s liability, Damage to movable and/or immovable property, Outstanding payments, and distributed by The Rental Organization.
The Contract is managed by MONDIAL ASSISTANCE for the assistance coverages: VEHICLE ASSISTANCE and TRAVEL ASSISTANCE indicated in SECTION II, and distributed by the Rental Organization.
The Rental Agency, GRITCHEN AFFINITY and MONDIAL ASSISTANCE are remunerated in the form of commissions deducted from insurance premiums excluding taxes and/or management fees and/or honoraria. The Rental Organization, GRITCHEN AFFINITY and MONDIAL ASSISTANCE do not hold any voting rights, shares or interests in any insurance company.
No insurance company holds any shares or voting rights in the Rental Organization, GRITCHEN AFFINITY or MONDIAL ASSISTANCE.
This is a contractual document, setting out the “General Conditions” of the ASSURLODGE contract.
CONTRACTUAL DOCUMENTS
This insurance contract is governed by :
– The Insurance Code ;
– The present General Conditions ;
– The insurance certificate issued by your holiday rental organization in lieu of the Special Conditions.
WARRANTY AMOUNT TABLES
A/ TENANT WARRANTIES
For the purposes of the Renter’s Coverages, the following persons are deemed to be Insured: any natural person(s) taking part in the Insured Stay and whose name(s) and details of the Insured Stay are specified on the insurance certificate, hereinafter referred to as “you“.
1. CANCELLATION
Article 1.1
NATURE AND SCOPE OF WARRANTY
We guarantee reimbursement to the Tenant/Insured of the cancellation fees invoiced by the Rental Organization or the Owner of the Rental Property for his or her Stay in application of its General Terms and Conditions of Sale when this cancellation, notified in writing BEFORE THE DATE OF ARRIVAL at the place of Stay, is the result of the occurrence, after the insurance has been taken out, of one of the following covered Events that formally prevents your Stay from taking place.
Guaranteed events :
–Death, serious bodily injury or serious illness preventing the Stay, including relapse, aggravation of a chronic or pre-existing illness, as well as the consequences or after-effects of an accident that occurred prior to taking out the Contract and could not have been foreseen on the date the Stay was booked (it being understood that the date of the first medical observation of the aggravation, evolution or relapse will be taken into account for the calculation of the reimbursement):
-yourself, your Spouse, your ascendants or descendants up to the 2ème degree,
-your fathers-in-law, mothers-in-law, sisters, brothers, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, your legal guardian or a person usually living under your roof, the person accompanying you during your Stay named and insured under this Contract, provided that your presence at their bedside is necessary at the time of the dates of your Stay and provided that the death, serious illness or serious accident occurs within 30 days prior to the start of the Stay,
-your professional replacement only if a replacement agreement has been signed and regularized prior to the date of reservation of the Stay, as well as the person responsible during your Stay for the care of your minor children, or a disabled person for whom you are the legal guardian living under the same roof as you, whether or not you are the legal guardian.
In the event of serious illness or serious bodily injury, we will intervene only under the following conditions:
–Serious illness: Sudden and unforeseeable deterioration in health certified by a competent medical authority, leading to the issue of a prescription for medication or treatment for the patient, and involving the cessation of all professional activity or, in the absence of professional activity, any other basic activity to be carried out as part of everyday life.
–Serious bodily injury: any unintentional bodily injury caused by the victim, resulting from the sudden action of an external cause certified by a medical doctor, leading to the issue of a prescription for medication or treatment for the injured person, and involving the cessation of all professional activity or, in the absence of professional activity, any other basic activity to be carried out as part of everyday life, and preventing the injured person from travelling by his or her own means.
– Unplanned hospitalization of more than 48 consecutive hours or death of an uncle, aunt, nephew or niece of the Insured or his/her Spouse, unforeseeable on the date the Stay is booked, requiring the Insured or his/her Spouse to be at the Insured’s bedside or at the Insured’s funeral on a date during the Stay.
–Complications due to pregnancy before the 28th week of pregnancy of one of the persons participating in the Stay and insured under this Contract:
-which result in the absolute cessation of all work or other basic activities required in daily life or,
-if the very nature of the Stay is incompatible with the state of pregnancy, provided that the Insured was not aware of her condition when she booked the Stay.
–Vaccination contraindication or medical impossibility to follow a preventive treatment required at the place of the insured Stay, concerning one of the persons taking part in the Stay and insured under this Contract, provided that the contraindication or medical impossibility is unknown at the time of subscription to the Contract and beyond the control of the participant concerned.
It is your responsibility to establish the reality of the situation giving rise to entitlement to our benefits. We therefore reserve the right to refuse your claim, on the advice of our medical advisor, if the information provided does not prove the materiality of the facts.
–Serious material damage due to fire, explosion, water damage or damage caused by the forces of nature, affecting more than 25% of your business or private premises which you own, rent or occupy free of charge, and requiring your presence on the day the insured Stay begins in order to take the necessary precautionary measures.
–Redundancy of the Insured, provided that the redundancy procedure was not initiated prior to taking out the Policy and that the Insured was not aware of the redundancy procedure at the time the Policy was taken out.
Court summons that cannot be postponed and requires the Insured’s presence, in the following cases only: Juror or witness at an Assize, Appointment as an expert, provided that you are summoned on a date coinciding with the period of the insured Stay and that the date of the summons is not known at the time the Contract is taken out.
Summons to adopt a child that cannot be postponed and requires the presence of the Insured, provided that you are summoned on a date that coincides with the period of the insured Trip and that the date of the summons is not known at the time the Contract is taken out.
Invitation to a make-up examination for higher education only, which cannot be postponed, following a failure unknown at the time of booking or taking out the Contract, and provided that the said examination takes place during the insured Stay.
Summons for an organ transplant that cannot be postponed, of yourself, your Spouse or one of your ascendants or descendants to the 1er degree, provided that the date of the summons is not known at the time the Contract is taken out and that the date of the summons coincides with the period of the insured Stay.
Theft from your business or private premises (of which you are the owner, tenant or free occupant) occurring in the 48 hours preceding the 1er day of the insured Stay, provided that the extent of the theft requires your presence on the premises to carry out the necessary protective measures. You must lodge a complaint with the authorities within 48 hours of the day on which the theft was reported.
Serious damage to your vehicle occurring in the 48 working hours preceding the 1st day of the Stay, or on the way from your home to the place of Stay and insofar as the vehicle is immobilized and cannot be used to get to the place of Stay.
Impossibility of reaching the place of Stay on the day of the beginning of the latter and within 48 hours thereafter, due to :
dams decreed by the State or a local authority,
strikes,
natural event, preventing traffic, certified by the competent authority.
Proof of road, rail, sea and air closures must be provided by the relevant authorities (local authorities, SNCF, airports or airlines, etc.).
Obtaining salaried employment for a period of more than 6 consecutive months, taking effect before and during the dates of the Stay, while you were registered as a job seeker with Pôle Emploi on the day you booked your Stay, provided that this is not a case of contract extension or renewal, or a change in the type of employment contract, or an assignment provided by a temporary employment agency.
Your divorce (legal breakup of civil marriage) or breakup of a civil partnership (PACS), provided that the proceedings were instituted before the courts after the trip was booked and on presentation of an official document.
Refusal of a tourist visa by the authorities of the country chosen for the Stay, provided that a valid application has been made within the required time limit, and that no application has previously been made and refused by these authorities for the same country. Proof from the embassy will be required. In the absence of a reply from the authorities of the country chosen for the Stay with a view to issuing a tourist visa, the guarantee is not acquired.
Theft of your identity card, driver’s license or passport in the 5 working days prior to the 1er day of the insured Stay, which is essential for the Stay and prevents you from complying with the control measures of the insured Stay, by the competent authorities, of the obligations related to land, air or sea traffic. A complaint must be filed with the authorities within 48 hours of the day on which the theft was detected.
Deletion or modification of the dates of your paid vacations or those of your spouse imposed by your/your employer for exceptional circumstances, having the characteristics of force majeure, when they had been officially agreed by the latter in writing prior to the booking of the Stay. The original agreement document from the employer will be required. This guarantee does not apply to company directors, legal representatives of a company, liberal professions, self-employed workers, craftsmen and entertainers. This guarantee also does not apply in the event of a change of employment.
Non-disciplinary professional transfer, imposed by the employer, obliging the Insured to move. The effective date of the transfer must be during the insured Stay or within 15 days of the end of the Stay, and provided that the transfer was not known at the time the Contract was taken out. This cover is granted to salaried employees, with the exception of members of a liberal profession, managers, legal representatives of a company, self-employed workers, craftsmen and entertainers, as well as all transfers resulting from a request made by the Insured.
Article 1.2
WARRANTY START DATE AND DURATION
Provided the Member has paid the corresponding premium in advance, cover takes effect as soon as the Stay is purchased or booked, and expires at the time of arrival at the location of the Stay (date shown in the Special Conditions), or when the keys are handed over in the case of rental for the Stay covered by the present Contract.
However, for all subscriptions made after the date of purchase and up to 48 hours after reservation of the Stay, a waiting period of 4 days during which the cancellation guarantee cannot take effect, will apply from the date of subscription of the Contract and the guarantee will only take effect at the end of this period.
Article 1.3
WARRANTY LIMIT
The indemnity due under the present guarantee cannot exceed the actual amount of penalties invoiced up to the amounts set out in the table of guarantee amounts following cancellation of the Stay.
In all cases, compensation may not exceed the amount of the insured rental shown on the insurance certificate.
Application fees, insurance premiums, taxes including airport taxes (reimbursed by the carrier or any collecting body) and visa fees are non-refundable.
Please note:
If the Insured cancels the Stay late, the Insurer will only cover the cancellation costs due on the date of the insured event.
If the Contract is taken out after the reason for cancellation of the trip has arisen and the Insured is aware of it, this will not entitle the Insured to cover.
| All cancellations for reasons other than the events listed in article 1.1 “NATURE AND SCOPE OF THE GUARANTEE” are excluded from the present guarantee. |
Article 1.4
EXCLUSIONS
| In addition to the exclusions listed under the heading “WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO ALL OUR GUARANTEES?” in the General Provisions of the guarantees supported by AREAS, cancellations resulting from : Illnesses or accidents that are first diagnosed, treated, relapsed, aggravated or hospitalized between the date the trip is booked and the date this Contract is taken out. Bodily injury that has occurred or given rise to a surgical procedure, rehabilitation, additional examination or change in treatment during the thirty (30) days preceding the booking of the Stay;Medical contraindications to the Stay not resulting from a serious Illness, including pregnancy, or a serious Bodily Injury, in accordance with the conditions set out in the Events covered under article 1.1 of this policy;Death of any person who is not an Insured, if the death occurs more than one (1) month before the 1st day of the insured Stay;A cosmetic treatment, a cure, a voluntary interruption of pregnancy, in vitro fertilization and its consequences, artificial insemination and its consequences, pregnancy or childbirth;A late application for a visa to the competent authorities, a passport that does not conform to the requirements ;A medical event or pathology whose diagnosis, symptoms or cause are of a psychological, nervous or mental nature, which has not been qualified as such by a competent medical authority or without hospitalization or resulting in hospitalization of less than 3 days;Bodily injury and illness, the cause of which is known before the policy is taken out, except for unforeseeable changes in health;Periodic check-ups and observation ;A Any circumstance detrimental to the enjoyment of the Insured’s Stay ;A Any event for which the Tour Operator may be held liable pursuant to Titles VI and VII of Law No. 92-645 of July 13, 1992 laying down the conditions governing the organization and sale of holidays;Non-presentation, for any reason whatsoever, of any of the documents required for the trip, except in the cases covered by the present guarantee, indicated in article 1.1 “NATURE AND SCOPE OF THE GUARANTEE”;Delays in obtaining a visa or refusal due to an invalid application;A medical condition for which no medical certificate has been issued by a doctor;Theft resulting from proven negligence on the part of the Insured (leaving the property in plain sight without supervision, or in a private place not equipped with a locking device or not activated or not entirely closed); Theft of identity card, driving license or passport when entrusted to us. |
2. INTERRUPTION OF STAY
Article 2.1
NATURE AND SCOPE OF WARRANTY
If you have to interrupt the Stay guaranteed by this contract, we undertake to reimburse any unused rental services as well as any cleaning costs for the rental, which you cannot demand the Provider to reimburse, replace or compensate in the event that you are obliged to leave and return the rented site to the hotelier as a result of :
Serious illness, serious bodily injury or death of
– yourself, your Spouse, your ascendants or descendants up to the 2ème degree,
– your father-in-law, mother-in-law, sisters, brothers, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, your legal guardian or a person usually living under your roof, the person accompanying you during your Stay named and insured under this Contract, provided that your presence at their bedside or at their funeral is necessary during the period of travel,
your professional replacement only if a replacement agreement has been signed and regularized before the date of reservation of the Stay, as well as the person responsible during your Stay for the care of your minor children, or a disabled person for whom you are the legal guardian living under the same roof as you, whether or not you are the legal guardian.
Serious material damage due to fire, explosion, water damage or damage caused by the forces of nature, affecting more than 25% of your business or private premises, whether owned, rented or occupied free of charge, and requiring your presence during the Stay to take the necessary precautionary measures.
Theft from your business or private premises (of which you are the owner, tenant or occupant free of charge), provided that the extent of the theft requires your presence during the Stay to carry out the necessary protective measures. You will be required to lodge a complaint with the authorities within 48 hours of the day on which the theft was reported.
In the case of rental property, interruption cover is granted on condition that the property is fully vacated.
It is your responsibility to establish the reality of the situation giving rise to entitlement to our benefits. We therefore reserve the right to refuse your claim, on the advice of our medical advisor, if the information provided does not prove the materiality of the facts.
Article 2.2
FRANCHISE
In all cases, the Insurer will indemnify the Insured subject to deduction of an Excess, the amount of which is specified in the table of coverage amounts.
Article 2.3
WARRANTY LIMIT
In all cases, compensation may not exceed either the amounts set out in the table of coverage amounts, or the insured amount shown on the insurance certificate.
| All interruptions for reasons other than the events listed in article 3.1 “Nature and scope of warranty” are excluded from this warranty. |
Article 2.4
COMMENCEMENT AND DURATION OF COVER
The guarantee takes effect when the keys to the rented property are handed over to the Tenant/Insured Party, and expires when the keys are returned to the Owner or the seasonal rental organization representing him/her.
It should also be noted that this cover applies only during the period of the insured Stay (unless otherwise stated in the cover) stipulated on the insurance certificate, the duration of which does not exceed 90 consecutive days.
Article 2.5
EXCLUSIONS
| In addition to the exclusions listed under “WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO ALL OUR GUARANTEES?” in the General Provisions of the guarantees supported by AREAS, consecutive interruptions are not covered: Illnesses or accidents that are first diagnosed, treated, relapsed, aggravated or hospitalized between the date the Stay is booked and the date the present contract is taken out;Any event occurring between the date of booking the trip and taking out the policy;Death of any person who is not an Insured, if the death occurs more than one (1) month before the 1st day of the insured Stay;A cosmetic treatment, a cure, a voluntary interruption of pregnancy, in vitro fertilization and its consequences, artificial insemination and its consequences, pregnancy or childbirth;Periodic check-ups and observation ;A medical event or pathology whose diagnosis, symptoms or cause are of a psychological, nervous or mental nature, which has not been qualified as such by a competent medical authority or without hospitalization or resulting in hospitalization of less than 3 days; Medical interventions resulting solely from the Insured’s will, except in cases of medically recognized necessity. |
Article 3
PROCEDURES FOR HANDLING COMPLAINTS
If we have not immediately been able to satisfy your complaint orally or via instant messaging, it must be sent to us in writing as follows:
– By e-mail: [email protected]
– By post to the following address AWP France SAS – Traitement des réclamations – TSA 70002 – 93488 Saint-Ouen Cedex – France
We will acknowledge receipt of your written claim within ten (10) working days of its submission and provide you with a written response within a maximum of two (2) months.
In any event, you may refer the matter to the independent insurance ombudsman within two (2) months of the date of your first written complaint:
– Electronically: www.mediation-assurance.org
– By post to the following address Monsieur le Médiateur de l’Assurance – TSA 50110 – 75441 Paris Cedex 09 – France
Your request to the Insurance Ombudsman must be made within one (1) year of your first written complaint to us.
However, this does not preclude you from taking legal action.
If you take out your insurance policy online, as a consumer you have the option of using the European Commission’s Online Dispute Resolution (ODR) platform by using the following link: http://ec.europa.eu/consumers/odr
Article 4
JURISDICTIONAL COMPETENCE
MONDIAL ASSISTANCE’s registered office is 7, rue Dora Maar – 93400 Saint-Ouen.
Any disputes that may arise against MONDIAL ASSISTANCE in connection with the implementation of the Agreement shall be submitted exclusively to the competent French courts, and all notifications must be made by registered mail with acknowledgement of receipt to the address indicated above.
Article 5
PERSONAL DATA PROTECTION
The processing of personal data is governed by the French Data Protection Act of January 6, 1978, as amended, and EU Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
AWP P&C is responsible for the processing of personal data collected for the purpose of concluding, managing and executing contracts.
This data is kept for the time required to execute the contract and in accordance with the provisions relating to prescription. It is intended for use by assistance service managers and may be communicated to subcontractors located outside the European Union.
In accordance with applicable data protection legislation and regulations, the Beneficiary may exercise his/her right to access and rectify his/her personal data by contacting :
The Beneficiary is informed of the existence of the “Bloctel” telephone anti-solicitation list, on which he/she can register: https://conso.bloctel.fr/.
For further information, please consult the Privacy Statement, which explains in particular how and why personal data is collected. The most recent version was given to the Beneficiary when the contract was taken out.
As part of its risk management and anti-fraud policy, AWP P&C reserves the right to check information and, if necessary, to refer the matter to the relevant authorities in accordance with current legislation.
Article 6
Control authority
Companies providing benefits under the Agreement are subject to supervision by the Autorité de contrôle prudentiel et de résolution, located at 4 Place de Budapest – CS 92459 – 75436 Paris CEDEX 09 – www.acpr.banque-france.fr.
Article 7
Applicable law – language used
The Agreement is governed by French law. The language used for the execution of the Agreement is French.
PRIVACY STATEMENT
The security of your personal data is important to us
AWP P&C is an insurance company licensed by the Autorité de contrôle prudentiel et de résolution (ACPR) to provide insurance products and services. Protecting your privacy is our top priority. This privacy statement explains how we collect personal data, what type of data we collect and why, with whom we share it and to whom we disclose it. Please read this statement carefully.
1/Who is the data controller?
The data controller is the person, natural or legal, who controls and is responsible for the storage and use of personal data, whether in paper or electronic form. AWP P&C (“We”, “Us”, “Our”) is responsible for data processing, as defined by applicable data protection legislation and regulations.
–What personal data is collected?
We will collect and process various types of personal data about you in accordance with the following:
– data relating to the identification of persons who are parties, interested or involved in the contract, and
– any other data required for the conclusion and/or performance of the contract.
In this context, we may collect and process “sensitive personal data” about you.
Please note: By taking out this contract, you undertake to communicate the information contained in this privacy statement to any third party for whom any personal data may be transmitted to us (e.g. other insureds, beneficiaries, third parties involved in the claim, persons to be notified in the event of an emergency, etc.), and you agree not to communicate this information in any other way.
– How is your personal data collected and processed?
We will collect and process the personal data you provide to us and those we receive from third parties (as explained below) for a number of purposes and subject to your express consent, unless such consent is not required by applicable laws and regulations, as set out below:
As mentioned above, for the purposes listed above, we will process personal data about you that we receive from our business partner AREAS.
For the purposes mentioned above for which we have indicated that your express consent is not required, or in cases where we need your personal data in order to underwrite your insurance and/or manage your claim, we will process your personal data on the basis of our legitimate interests and/or in accordance with our legal obligations.
Your personal data is required for the purchase of our products and services. If you do not wish to provide us with this data, we will not be able to guarantee you access to the products and services you have requested or which may be of interest to you, or to provide you with offers tailored to your specific requirements.
We will ensure that your personal data is processed in compliance with the purposes indicated above.
For the purposes described above, your personal data may be disclosed to the following third parties responsible for data processing:
-public sector bodies, other Group companies, other insurers, reinsurers.
Within the scope of the stated purposes, your personal data may be disclosed to the following parties, acting as data processors, operating under our responsibility:
-other companies in our group (including AWP France SAS), technical consultants, experts, lawyers, claims adjusters, repairers, service providers, doctors and service companies delegated to handle our operations (claims, IT, postal services, document management)
Ultimately, we may share your personal data in the following cases:
-in the event of a contemplated or actual reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or securities (including in connection with insolvency or similar proceedings);
-to comply with any legal obligation, including obligations arising from ombudsman decisions in the event that you make a complaint about one of our products or services.
Your personal data may be processed both inside and outside the European Union (EU) by the parties specified in section 4, always subject to contractual confidentiality and security restrictions, in accordance with applicable data protection laws and regulations. We do not disclose your personal data to parties not authorized to process them.
Any transfer of your personal data for processing outside the EU by another company in our group will be carried out on the basis of internal corporate rules approved by the regulatory authority to which our group belongs, establishing adequate rules for the protection of personal data and legally binding on all companies in our group. Where internal corporate rules do not apply, we will take steps to ensure that the transfer of your personal data outside the EU will be carried out in accordance with an adequate level of protection, in the same way as if it were a transfer within the EU. You can find out about the safeguards we implement for this type of transfer (standard contractual clauses, for example) by contacting us as indicated in section 9.
Where permitted by law or regulation, you have the right to:
-access your personal data and find out where it comes from, the aims and purposes of data processing, information about the person(s) responsible for data processing, the person(s) responsible for data processing and the recipients of potentially disclosed data;
-to withdraw your consent at any time, where such consent is required for the processing of your personal data;
-update or rectify your personal data so that it is always accurate;
-delete your personal data from our systems if their retention is no longer necessary for the purposes indicated above;
-restrict the processing of your personal data in certain circumstances, for example, if you have challenged the accuracy of your personal data, for the period necessary for our services to verify its accuracy;
-obtain your personal data in electronic format, for your own use or that of your new insurer; and
-file a complaint with our company and/or the relevant data protection authority – Commission Nationale de l’Informatique et des Libertés (CNIL).
You may exercise these rights by contacting us as indicated in section 9.
Where permitted by applicable law or regulation, you have the right to object to the processing of your personal data by our services, or to request our company to stop processing such data (including for direct marketing purposes). Once we have received your request, we will no longer process your personal data, unless permitted by applicable laws or regulations.
You can exercise this right in the same way as your other rights set out in section 6.
We will retain your personal data only for as long as is necessary for the purposes set out in this privacy statement and then delete or anonymize it once it is no longer required.
Below are some of the retention periods applicable to the purposes indicated in section 3 above:
-For a period of 5 (five) years from the date of termination of the insurance contract
-In the event of a claim – 5 (five) years from the date of settlement of the claim.
-In the event of a claim involving bodily injury – 10 (ten) years from the date of the claim.
-For claims information – 5 (five) years from receipt of claim.
-For contract information – 5 (five) years from expiration, termination or cancellation.
However, please be aware that additional specific obligations or events may sometimes override or modify these durations, such as ongoing litigation or regulatory investigations, which may supersede or suspend these durations until the case is closed and the applicable review or appeal period has expired. In particular, retention periods based on legal requirements may be suspended and then subsequently resumed.
If you have any questions about our use of your personal data, you can contact us by e-mail or post:
AWP France SAS
Personal Data Protection Department
7 rue Dora Maar – 93400 Saint-Ouen, France
We regularly revise this privacy statement.
SUPPORTING DOCUMENTS TO BE PROVIDED IN THE EVENT OF A CLAIM
FOR INSURANCE COVERAGE:
WHAT ARE YOUR OBLIGATIONS IN THE EVENT OF A CLAIM?
When insurance cover is involved, the insured must notify Gritchen Affinity, the managing broker, in writing of any claim that may trigger the contract’s cover within five working days (reduced to two working days in the event of theft).
These deadlines run from the moment the insured becomes aware of the loss that triggers coverage.
After this period, the Insured shall forfeit any right to compensation if the delay has caused prejudice to the Insurer.
If you fail to comply with the formalities or deadlines for submitting documents, we may claim damages in proportion to the resulting loss for us (article L 113-2 of the French Insurance Code).
Any declaration that does not comply with the provisions of this warranty will result in forfeiture of any right to reimbursement.
CANCELLATION / INTERRUPTION OF STAY
Your declaration must be accompanied by :
-your contract reference,
-a copy of the Rental Contract indicating the identity of the Reservers, the amount of the advance payment, the amount of the rental and the dates of the rental initially planned,
-a receipt showing the date on which the holiday rental was booked,
all documents justifying the date of cancellation and the reason for it,
-You agree to provide us with all the documents we need to process your claim,
-The receipted invoice for the debit that you are required to pay to the Owner or Rental Organization, or that the -Owner or Rental Organization retains.
-In the event of illness or accident, a medical certificate specifying the origin, nature, severity and foreseeable consequences of the illness or accident,
-In the event of death, a death certificate and civil status form,
-In all other cases, proof of purchase.
-In the event of a medical reason, you must provide us with the medical documents and information we need to investigate your claim, using the pre-printed envelope bearing the name of the medical advisor that we will send you on receipt of the claim form, together with the medical questionnaire to be completed by your doctor.
If you do not have these documents or information, you must obtain them from your attending physician and send them to us using the pre-printed envelope referred to above.
You must also send us, in a pre-printed envelope bearing the name of the medical advisor, any information or documents you may be asked to provide in order to justify the reason for your cancellation, and in particular :
-All photocopies of prescriptions for medicines, tests or examinations, as well as all documents proving that they have been dispensed or carried out, and in particular sickness slips containing copies of the corresponding labels for medicines prescribed,
-Statements from the French social security system or any other similar organization, relating to the reimbursement of treatment costs and the payment of daily allowances.
In the case of an accident, you must specify the causes and circumstances, and provide us with the names and addresses of those responsible, as well as any witnesses.
It is also expressly agreed that you accept in advance the principle of an examination by our medical advisor. If you object to this without a legitimate reason, you will lose your warranty rights.
We will not be able to settle your claim unless you provide our medical advisor with the medical information required for an investigation.
HOW TO REPORT A CLAIM
When the INSURANCE GUARANTEES are involved, the Insured must imperatively :
Notify Gritchen Affinity in writing within five working days (reduced to two working days in the event of theft) of any loss or damage likely to result in coverage. These deadlines run from the time the Insured becomes aware of the loss that is likely to result in coverage being taken out. After this period, the Insured will forfeit any right to compensation if the delay has caused prejudice to the Insurer.
Voluntarily declare to Gritchen Affinity any cover taken out for the same risk with other insurers.
For fast, modern management your insurance claims Log on to : www.declare.fr (Transmit your receipts and track at any time the status of your file) By mail : [email protected]
For traditional management your insurance claims By post: Gritchen Affinity Claims department 27 rue Charles Durand – CS70139 18021 Bourges Cedex
NEED ASSISTANCE?
In order to benefit from assistance guarantees, it is imperative to contact Mondial Assistance prior to any intervention. A file number will be issued, which alone will justify coverage.
MONDIAL ASSISTANCE is there for you 24/7
Contact us from metropolitan France on 01.49.93.73.83
Access for the deaf and hearing-impaired: https://accessibilite.votreassistance.fr
accessible 24/7, unless otherwise specified in the agreement.
Please indicate :
-The name and number of the contract taken out : B922678 / 1029273
-The full name of the Beneficiary
-The exact address of the Beneficiary
-The telephone number where the Beneficiary can be reached
