Collective Policy no. 318351 MOTTOLINO SPA - Insurance Conditions drafted pursuant to regulation ISVAP no. 35/2010. (Winter)
Accident: the occurrence of the harmful event, future and uncertain, which is covered by insurance.
Assistance: the timely help, in cash or in kind, provided to the insured that is in difficulty as a result of the occurrence of an accident, through the Central Office.
Central Office: the organizational structure of Inter Partner Assistance S. A. - General Representative for Italy - Via B. Alimena, n. 111 - 00173 Roma - consisting of human resources and equipment, which operates 24 hours every day of the year, which shall ensure the telephone contact with the policyholder, organize on site visits and deliver, at Company's expenses, the assistance provided for in the Policy.
Companion: the insured person which, while not having family ties with the insured person that has suffered from the event, is regularly enrolled into the same journey of the Insured.
Company: INTER PARTNER ASSISTANCE S. A. General Representative for Italy - Via Bernardino Alimena 111 - 00173 Rome.
Compensation or Indemnity: the sum payable by the Company in the event of a loss covered by the guarantees of the Policy.
Contractor: the subject that enters into the insurance contract. In the case of a natural person, the subject is of legal age with the capacity to act.
Day hospital: the hospitalization not involving overnight stay, but documented by medical records, at an authorized healthcare facility having beds dedicated to hospitalization.
- Italy: the Italian Republic, the Republic of San Marino and the Vatican City State.
- Europe: the countries of geographical Europe (including Italy and the Russian Federation) and the Mediterranean basin (Algeria, Canaries, Cyprus, Egypt, Israel, Lebanon, Libya, Madeira, Morocco, Syria, Tunisia and Turkey).
- World: all countries of the world including Europe.
Disease: any noticeable alteration of the state of health not due to an accident.
Event: The occurrence that has generated, directly or indirectly, one or more accidents.
Expiration Date: the date on which the effects of the contract will cease.
Family Member: the person related by bond of kinship with the insured person (spouse, children, father, mother, brothers, sisters, grandparents, parents, sons-in-law, daughters-in-law, sister, aunts, uncles, cousins, nephews and nieces) and by persons with him permanently cohabiting as resulting from the family status certificate.
Fixed Excess: the amount prearranged in absolute number that still remains to be borne by the Insured for each accident.
Foreign Countries: all countries of the world, excluding Italy.
Home: the place, in the country of origin, where the insured has established the headquarters of his affairs and interests.
Hospitalization: to remain in institutional care duly authorized to provide hospital care, for at least one overnight stay, or the daytime stay in day hospital.
Injury: the accident due to fortuitous, violent and external cause that produces bodily damage objectively ascertainable which have, as a consequence, death, permanent disability or temporary disability.
Insurance: the insurance contract.
Insured: the person whose interest is protected by the insurance.
Limit of Liability: the maximum sum, stability in the Policy, guaranteed by the Company in case of accident.
Limitation Period: extinction of title for failure to exercise the rights within the terms established by law.
Medicines: are considered medicines the ones listed on the Italian Yearbook of the medicaments. Therefore are not such the Para pharmaceutical (over-the-counter) products, homeopathic remedies, cosmetics, dietetic, galenic, etc. , even if prescribed by a physician.
Percentage Excess: the part of indemnifiable loss in terms of the Policy as a percentage that remains to be borne by the Insured for each accident.
Policy: the document which proves the insurance.
Premium: amount due from the contractor to the insurer.
Residence: the place where the policyholder has established his abode as resulting from registry certificate.
Robbery: the subtraction of movable thing to anyone who holds it, by violence or personal threat.
Theft: a crime provided for in art. 624 Of the Penal Code, committed by anyone who is taking possession of third party movable things, subtracting from the holder, in order to make a profit for himself or for others.
Third Party: any person not covered by the definition of "family member".
Travel: the trip, the residence or rental, resulting from its contract or travel document.
Treatment Center: university institute, hospital, nursing home, day hospital, diagnostic and/or therapeutic clinic, duly authorized for diagnosis and treatment. Not conventionally regarded as health care facilities for diagnosis and treatment: the thermal establishments, those whose mainly purpose is dietary, the wellbeing of the person, rehabilitation, convalescence, long-term hospitalizations or stays, the structures for the elderly.
GENERAL TERMS AND CONDITIONS OF INSURANCE
ART. 1. COMMUNICATION OF COVERS
For the purposes of the validity of the coverage you must fall within the list of those who are entitled to benefits and guarantees provided by this Policy.
The Contractor shall draw up the list of those entitled to be sent to the Company; the sending can be done either via Internet Portal or via data stream. In the latter case the periodicity of the sending and the characteristics of the flow will be each time agreed upon with the Company.
The Contractor is therefore responsible for:
· The collection and communication to Society of the names of the insured;
· The communication to the individual policyholder of the contents of the insurance program offered (see art. 21 of the General Conditions of the Insurance).
ART. 2. STATEMENTS RELATING TO THE CIRCUMSTANCES OF THE RISK
The misrepresentations or the reticence on the part of the Contractor and the insured party relating to circumstances that affect the risk assessment may involve the total or partial loss of the right to compensation, as well as the termination of insurance, pursuant to and in accordance with Articles 1892, 1893 and 1894 Civil. Code.
ART. 3. OTHER INSURANCE
If for the same risk are contracted separately more insurance with different insurers, the insured must give notice of all the insurances to each insurer. If the insured intentionally omits to give the warning, the insurers are not required to pay the indemnity. In the case of a loss, the insured must give notice to all insurers pursuant to article 1913, indicating to each the name of the other. The insured may ask each insurer the compensation due according to the respective contract, provided that the sums collected as a whole do not exceed the amount of damage. The insurer who has paid has the right of recourse against the others for the apportionment by compensation due according to the respective contracts. If an insurer is insolvent, its share is divided between the other insurers.
ART. 4. EFFECT OF INSURANCE
The insurance Policy shall take effect from 00.00 hours of the day indicated in the frontispiece of the Policy as long as the insurance premium is paid. In derogation of the provisions of Article. 1901 C. C. , if the Contractor fails to pay, within the period indicated above, the premium or the premiums of the subsequent appendices of adjustment or renewal, the insurance remains suspended from 24.00 hours on 30th day after the expiry date and resumes validity from 24.00 on the day of payment.
Without prejudice to the subsequent deadlines and the right of the Company to the payment of premiums expired pursuant to art.1901 C. C..
ART. 5. Duration of the contract - tacit renewal
The contract is valid for a year depending on what is stated in the frontispiece Policy and on its natural expiry date, in the absence of notice sent by registered letter at least 30 days before the expiry date, the contract is extended for a year, and so thereafter.
ART. 6. DURATION OF THE INSURANCE COVER
The effectiveness of the Policy towards each individual insured begins at 00:00 of the starting date of the trip and ceases at 24:00 on the day of return from travel, provided that activation takes place during the period of validity of the policy.
In the event of cancellation of the policy, the date of termination of the contract is considered as the last day for extending coverage to new Insured, the portfolio queue management being provided.
Activations at a later than that limit date will not be considered valid for the purposes of the insurance coverage of this Policy.
ART. 7. INCREASE OF RISK
The contractor must give written notice to the Company for any increase of the risk. The worsening of risk not known or not accepted by the Company may result in the total or partial loss of the right to compensation, as well as termination of Insurance pursuant to art. 1898 C. C..
ART. 8. REDUCTION OF RISK
In the case of a decrease in the risk the Company is required to reduce the amount of the premium or the rate of premium after the communication of the Contractor, in accordance with art. 1897 C. C., and forgo its right of cancellation.
ART. 9. VARIATIONS IN THE PERSON OF THE CONTRACTING PARTY
In the event of sale of the company of the Contractor or part of its activities, the effects of the Policy will be transferred to the purchaser. In the case of a merger of the Contractor, the Policy will continue with the acquiring company or with the result of the fusion. In cases of transformation or change of name of the Contractor, the present Policy will continue with the new corporate form.
The above variations must be communicated by the Contractor within 15 (fifteen) days from the date of their occurrence to the Company, which, within the following 30 (thirty) days, has the right to withdraw from the contract by communication with notice of 15 (fifteen) days.
In the cases of the dissolution of the Contracting Party or it being put into liquidation, the Policy ceases with immediate effect and the premiums paid and not used will be reimbursed after settling with the minimum annual guaranteed premium set in the Policy and in any case due.
ART. 10. REIMBURSEMENT OF SUMS SPENT ON BENEFITS WRONGFULLY RECEIVED
The Company reserves the right to ask the Insured/Contractor the refund of the expenses incurred as a result of the execution of the performance of the Policy, which are found not to be due in accordance with the contract or by law.
ART. 11. CURRENCY OF PAYMENT
The compensations are paid in Italy in euro. In the case of costs incurred outside of the countries participating in the euro, the refund will be calculated on the basis of the official exchange rate on the day in which they were incurred.
ART. 12. TAXES
Tax charges relating to the insurance shall be borne by the Contractor.
ART. 13. JURISDICTION
Place of jurisdiction is the place of residence of the insured or the Contractor.
ART. 14. LIMITATION PERIOD
The term of limitation of rights relating to this Policy is two years, pursuant article. 2952 C. C..
ART. 15. RIGHT OF RECOURSE
The Company is entitled, up to the whole of the sum paid, to all rights and actions that the Insured/Contractor can have against those responsible for the damage.
ART. 16. DOCUMENTATION REQUEST
The Company is entitled, for the purpose of liquidation, to request additional documentation in addition to what is specified in the contract and does not lose the right to assert at any time and in any case, any exceptions even if he has started the liquidation of the guarantee.
ART. 17. FAILURE TO USE THE SERVICES/LIMITS OF LIABILITY
In the case of services not used or only partially used by the insured's choice or for his negligence, the Company is not obligated to provide any further aid in alternative or by way of compensation than the one offered. The Company does not assume responsibility for damage resulting from failure or delayed intervention due to the intervention of the authorities of the country in which the assistance is given or due to force majeure or fortuitous and unpredictable circumstance.
ART. 18. REFERENCE TO THE LAWS
For anything not explicitly regulated by this agreement, the rules of the Italian Law on this subject apply.
ART. 19. PREMIUMS
The premium is determined in accordance with what is established in the frontispiece of the Policy.
In summary, the prize can be determined by one of the following methods:
a) By the destination of the journey;
b) By the duration and destination of the journey;
c) By the value of the trip;
d) By The annual turnover on the organization of trips.
The mode of payment of the premium are also laid down in the frontispiece of the Policy. In summary, as a rule, the premium will be calculated as a unit for single adhesion. Sometimes the Policy may provide for a minimum guaranteed premium. The guaranteed minimum premium can be paid in advance or by installments. In the event of guaranteed minimum premium - anticipated or fractionated - a mechanism will be provided for regulating the amount. Without prejudice to what is stated in the frontispiece of the Policy on the subject of premium regulation, the Company will arrange for the issuance of appendix of adjustment and the Contracting Party undertakes to pay the relative amount ( "Premium Adjustment") within 30 days from the date of issuance of the appendix. The payment of premiums will be carried out by means of bank transfer.
ART. 20. INSURED
Individual customers who purchase the travel by the Contractor directly or through reselling agencies. Individual customers are assimilated to the contractor in the exercise of ownership of the contract.
ART. 21. INFORMATION TO CUSTOMERS
The contractor undertakes to deliver to the insured the Terms and Conditions of Insurance provided by the Company and from the latter forwarded to the contractor as provided for by reg. ISVAP n. 35 dated 26/05/2010.
ART. 22. AMENDMENTS TO THE CONTRACT
Any changes or variations in the insurance must be stated in writing and signed, for acceptance, by the Parties.
ART. 23. ADVERTISING
If one of the Parties intends to implement promotional activities or any kind of communication using the distinctive signs of the other Party and/or providing information on the same and/or the group to which it belongs, it must submit the relative material to prior approval of the same. The promotional and advertising activity will be carried out in compliance with the requirements of current law and regulations. The requesting Party is required to use the trademark and name of the other Party observing strictly the received provisions.
ART. 24. USE OF THE TRADEMARKS AND PROMOTIONAL ACTIVITIES ON THE INTERNET
A Party may not use the logo, the trademark, trade names or service marks of the other Party without the prior written consent of the latter that may be issued at its complete discretion. The requesting Party shall not implement or allow to be implemented any activity that could affect the rights of the other side in relation to the said trademarks.
The Parties will follow the current laws and regulations with reference to the promotional activity carried out through their websites.
At the expiry of the Policy, or in the event of termination, resolution or suspension for any reason, the Parties will not, in any case, make use of the trademark, the name or logo of the other Party, nor use them otherwise in any way, even if it had been to this specifically authorized in advance.
ART. 25. PRIVACY STATEMENT
The Contractor, as the sole holder of the treatment of personal data of its insured, is obliged to provide, at its own expense, to those who will benefit from the Services delivered by the Company, the information referred to in Art. 13 of the Legislative Decree n . 196/2003. Information for the management of the contract data: pursuant to Art. 13 of the Legislative Decree 06.30.2003 n. 196 (Law of the rules on the protection of personal data), relating to the protection of persons and other subjects with respect to the handling of personal data, the Parties to this agreement will mutually acknowledge that personal data relating to each contracting party to this act (Domicile, Telephone Number, Tax Code and VAT Code) will be inserted and processed in its own databases, in order to manage the mutual contractual relations. Parties of this act mutually recognize the right to knowledge, cancellation, correction, updating, integration and the opposition to the treatment of the data themselves, as provided for in art. 7 Of the above mentioned Legislative Decree. It is expressly agreed that each party declares to have read and understood all of the above. Autonomous owners of the processing of personal data, each for its own institutional activities, for the purposes of this act, are the Contractor and the Company. Appointment as responsible for the processing of data: In consideration of the fact that the formalization of this contract entails to the Company the processing of data relating to the insured in order to provide for the supply and management of services, the Contractor shall appoint Inter Partner Assistance S. A. - General Representative for Italy "Responsible" of treatment within the meaning of art. 29 of D. Lgs 196 /03. Likewise, the Company undertakes to appoint, if not already done, the staff for the performance of the activities related to the execution of this agreement such as "Responsible" of treatment within the meaning and the effects of art. 30 of D. Lgs 196 /03.
SPECIAL CONDITIONS OF INSURANCE
ART. 1. SUBJECT MATTER INSURED
The company provides the guarantees specified in the following sections :
- ASSISTANCE AND MEDICAL EXPENSES WHILE TRAVELLING
- CIVIL LIABILITY
- TRAVEL ACCIDENTS
A. ASSISTANCE AND MEDICAL EXPENSES WHILE TRAVELLING
A. 1 – Subject Matter insured
The Company, in case of sickness or injury of the Insured in travel, through the Operations Center, organizes and delivers 24 hours, the following benefits:
It must be understood that the ceilings are for insured, accident, and period of insurance, standing the sub-limits provided.
a) PHONE CONSULTATION WITH A DOCTOR. The Operations Center is available to the Insured to organize a phone medical consultation in case of sudden urgency during the journey.
b) DISPATCH OF A doctor or an ambulance in case of urgency
If the medical service of the Operations Center considers necessary and not deferrable a medical examination of the insured, the Operations Center will send on location a general practitioner part of State Health Service or, if a doctor is not immediately available, will organize the transfer of the insured by ambulance to the nearest first aid center. The cost of service will be borne by the Company.
NB: It is understood that in the case of an emergency the Operating Center shall in no case replace the officers of Rescue Service (118), nor assume its costs.
c) REFERRAL TO A specialist doctor
If, as a result of the phone doctor consultation, the policyholder should undergo a specialist's examination, the Operations Center will, in a way compatible with the local availability, provide the name of a specialist doctor at the location nearest to the place in which the policyholder is located.
d) TRANSFER - MEDICAL REPATRIATION
If the medical service of the Operations Center recommends the medical transport of the insured, after analysis of the clinical picture and in agreement with the doctor on location, the Operations Center will organize:
· The medical transfer at the nearest adequate medical facility;
· The transfer from the medical facility to the residence of the insured;
· The medical repatriation if conditions allow and require it;
with the necessary assistance, during transportation, by doctor or nurse.
The medical transfer will be carried out with all the expenses to be borne by the Company, using the means deemed more suitable at the sole discretion of the Operations Center. These means can be:
· Medical air, only to return to Europe;
· Scheduled Airline, possibly on stretcher;
· First class train and, where necessary, sleeper car;
· Ambulance, with unlimited mileage.
· Other means of transport.
Are excluded from the provision:
· The illness or injury that, in the opinion of the medical service of the Operations Center, can be cured in place or in any case do not prevent the continuation of the journey;
· Infectious diseases , in the case where the transport involves violation of national or international health rules;
· All cases in which the policyholder or family members of the same voluntarily signed for discharge against the opinion of the medical personnel of the structure at which was hospitalized;
The Company will have the right to request the eventual travel ticket not used for the return of the policyholder.
e) RETURN OF OTHER INSURED
Where, after a medical transport or medical repatriation, or in the case of the death of the Insured, his/her traveling companions were not objectively able to return to their residence in Italy with the means originally envisaged, the Operations Center will provide them with a first class rail fare or an economy class plane ticket. The provision is made on the condition that the family members and travel companions are insured. The Company will be entitled to request them any tickets not used for the return.
Ceilings: Italy €1,000.00 - Europe € 1,500.00 - World: € 2,000.00
f) the travel of a family member IN CASE OF HOSPITALISATION
If the insured person, travelling alone or with a minor, is hospitalized with a prognosis of more than 10 ( ten) days, the Operational Center will provide a return ticket (a first-class rail or economy class air or other means at its sole discretion) to allow a family member to reach the hospitalized policyholder.
Included are the costs of hotel (bed and breakfast) of the family member up to the limit of € 260.00 with a maximum of € 52.00 per day.
g) extension of stay
If the insured person is not able to return to their home on the date established for hospitalization with a prognosis greater than 7 (seven) days, the company will bear the costs of hotel (bed and breakfast) of the Insured and traveling companions, provided they are insured. Ceiling: Maximum 10 nights with a limit of €1,000.00
h) return of the insured person recovering at home
If the insured person following the discharge of hospitalization is not objectively able to return to his/her own residence with the means originally envisaged, the Company organizes and bears the return expenses. The guarantee is extended also to the members of the family and one travel companion.
Ceiling for the return of family and travel companion: € 500.00 Italy - Europe € 750.00 - World € 1,000.00
i) RETURN OF THE DECEASED'S
In the event of the death of the Insured during the journey, the Operations Center will organize and will transport the body to the deceased's place of burial.
Transportation will be carried out according to the international standards and after all the formalities have been fulfilled on the place of death. The company will bear the expenses of transport with the exclusion of the expenditure relating to the funeral ceremony, the burial or cremation. The Company will bear also the cost of the ticket, round trip, of a family member to go to the place in which the event occurred and the cost of night of the first night at the nearest hotel.
j) EARLY RETURN
If the insured person en route has needs to return home before the scheduled date and with a different medium from what was initially planned, due to the death or hospitalization of a family member with a prognosis of more than 5 days, the Operations Center organizes the return and bears the costs. The warranty is valid also for the return of a traveling companion as long as insured.
Ceilings: Italy €550.00 - Europe € 2,000.00 - World: € 2,000.00
k) CREDIT CARD PROTECTION (only valid abroad)
In the event of loss or theft of credit cards by the insured, the Operations Center, upon specific request, provides for the policyholder to contact the issuing institutions to initiate the necessary lockout procedures. It remains to be borne by the insured the completion of the procedure, in accordance with the individual issuing institutions rules.
MEDICAL COSTS IN TRAVEL
It must be understood that the ceilings are for insured, accident, and period of insurance, standing the sub-limits provided.
Ceiling: € 1,000.00
WITH DIRECT PAYMENT - only if the Operations Center has been previously contacted.
If the insured person incurs medical/hospital expenses for treatment or urgent and not be delayed surgery, received on location during the course of the trip, during the period of validity of the warranty, the company will bear all costs with direct payment from the Operations Center.
The guarantee will be paid until the date of discharge or up to the moment in which the policyholder will be considered, in the opinion of the doctors of the Company, in a condition to be repatriated. The warranty will be operating for a period not exceeding 120 total days of hospitalization.
In cases where the Company could not carry out the direct payment, the expenses will be reimbursed as long as authorized by the Operations Center that was also in this case previously contacted during the recovery period.
No reimbursement will be given without any contact with the Operations Center.
WITH REFUND - even without prior authorization from the Operations Center, within the sub-limits indicated.
a) The company provides to the reimbursement of costs of transport from the place of the event to the medical center of first aid or first hospitalization.
Ceiling: € 500,00
b) The company provides to the reimbursement of costs for medical visits and/or pharmaceutical, diagnostic tests, outpatient care and/or first admission (including the day hospital ), incurred as a result of an accident or illness occurring in travel.
In the case of an accident that occurred on the road the Company shall reimburse the costs for medical visits and diagnostic tests, as long as carried out within 30 days after return from travel.
Ceiling: € 250,00
c) The company provides to the reimbursement of costs for urgent dental care during the trip.
Ceiling: € 150,00
A. 2 - effect and operation of the Assistance and Medical Expenses section while traveling
The guarantee starts from the moment of the beginning of the journey and finishes at the end of the trip itself. The guarantee is given within the limits of the capital and the performance of the place where the event occurred.
A. 3- deductible Medical Expenses while traveling
The compensation, which, in the event of an accident, the Company will remit to the insured person, under the Policy, will be cleared after deduction of a fixed deductible of €50.00 per event.
A. 4 - Exclusions (for integration of common exclusions)
The benefits are not payable in the following cases :
a) if the insured (or who acts on his behalf) disregards the directions of the Operations Center, i.e. requests to be discharged from the structure at which is hospitalized, against the opinion of the medical staff of the same structure; or refuses medical transport/return. In this last case, the Company will suspend immediately the assistance and the coverage of additional medical expenses accrued from the day after the refusal of medical transport/return in Italy;
b) pandemic (declared by the WHO), of such gravity and virulence which may subsequently lead to a high mortality rate or require restrictive measures in order to reduce the risk of transmission to the civilian population
c) journey toward a territory where, at the time of departure, was in place either a prohibition or restriction (even temporary) issued by a competent public authority;
d) travel undertaken in order to undergo medical/surgical treatments;
e) if in the place of destination there is or will and be declared during the journey, a quarantine.
Services are not rendered in those countries where, for political or meteorological reasons ,is not possible to provide the warranty.
A. 4.1 - Travel Assistance
The Company takes no responsibility for events due to:
a) lack of contact with the Operations Center or, in any case, without the prior authorization of the same;
b) extreme travel in remote areas accessible only with the use of means of special rescue equipment.
A. 4.2 - Medical expenses while travelling
The takes no responsibility for expenses resulting from:
a) Rehabilitative care and physiotherapy procedures;
b) Purchase, implementation, maintenance and repair of prosthetic and therapeutic appliances;
c) Care or elimination of physical defects or congenital malformations, for aesthetic applications, for thermal and slimming treatments, for dental care (except those specified above resulting from an accident);
d) Voluntary interruption of pregnancy;
e) Practice of airplane sports and air in general, extreme sports if practiced outside of sports organizations and without the required safety criteria;
f) Any sport exercised professionally or that, however, involves direct or indirect remuneration;
g) Purchase and repair of glasses, contact lenses;
h) Follow up visits in Italy for situations resulting from diseases started on the road.
The guarantee is also not due to accidents caused by or depending on:
- Natural child birth or cesarean section;
- Pathological states dependent on pregnancy beyond the 26th week of gestation and the postpartum.
- Malice of the insured;
- Abuse of alcohol or psychoactive drugs as well as from the use of narcotic drugs and hallucinogens;
- Attempted suicide or suicide.
A. 5 - Provisions and limitations
The Insured shall release from professional secrecy, exclusively for the events of the present insurance and exclusively with the Company, the doctors who have visited him/her and the people involved in Policy conditions.
A. 5.1 - Travel Assistance
a) The performance of assistance are provided by event, regardless of the number of insured persons involved, within the limits of the ceilings and any sub-limit;
b) The performance of assistance, in the observance of the specific operating conditions, are carried out taking into consideration the state of health of the insured and the state of need, using the means and the facilities that the Company believes, in its sole discretion, best suitable for the purposes;
c) The Company will not be liable for:
· Delays or impediments in the performance of the services agreed due to reasons of force majeure, provisions of the local authorities or contrary to rules and regulations in force at the place of delivery of the performance;
· Errors due to inaccurate communications received by the insured or who acts on his behalf;
d) The Company shall not be liable to pay compensation in substitution of collateral support due.
B. CIVIL LIABILITY
It must be understood that the ceilings are for insured, accident, and period of insurance, standing the sub-limits provided.
B. 1 - Purpose of the insurance:
The Company responds of amounts which the insured is required to pay, such as civilly responsible under the law, by way of compensation (capital, interest and costs) of damage caused unwittingly to third parties (death, personal injury) and damage to things and animals as the result of any accident during the period of validity of the Policy relatively to the practice of sport, including races, provided that they are not practiced at professional level, leisure time activities in general with the exclusion of any liability inherent in the professional activity.
Ceiling: € 50,000.00
B. 2 - Exemptions
Relatively to the damage to property and animals the insurance is paid with the application of a deductible of €150 per claim.
B. 3 - In the event of an accident (see also art. B. 5)
The insured person or who acts in his behalf should:
a) give notice:
to the Company as provided for in the Policy. The failure to comply with this requirement may result in the total or partial loss of the right to compensation (Art. 1915 C.C.);
· To all insurers , in case of more Policies on the same risk, stating to each the name of the others (ART. 1910 Cod. Civ.);
b) make available to the Company the whole documentation useful in investigations and audits of the case.
B. 4 - Exclusions
Excluded from insurance are the damages:
a) Arising from malicious acts made or attempted by the insured;
b) Resulting from practice of professional activities;
c) Resulting from practice of hunting activities;
d) From theft;
e) From movement on public roads or areas to these assimilated of motor vehicles, as well as the navigation of motor crafts and use of aircraft;
f) By possession of weapons and ammunition and use of the same;
g) Others' properties that the policyholder has in consignment or holds at any title.
B. 5 - Management of the claim Civil Liability toward third parties
The company takes over management of disputes both in court and out of court, both civil and criminal matters, on behalf of the Insured, by designating, where appropriate, legal or technical staff and using all the rights and actions appertaining to the Insured. The Insured is required to cooperate to enable the management of such disputes and to appear personally in court where the proceedings so requests. The Company has the right to claim against the insured of the damage it has sustained owing from the failure of these obligations. The costs incurred to withstand the action of the damaged against the insured shall be borne by the Company within the limits of the fourth of the sum insured. However, in the case that it is due to the damaged a sum greater than the sum insured, the litigation costs are distributed between company and insured in proportion to their interest.
The Company does not recognize the costs incurred by the insured for legal or technical staff that are not designated by it and will not be liable for fines and costs of criminal justice.
C. TRAVEL ACCIDENTS
C. 1 - Purpose of insurance
Case of death or permanent disability
The company covers accidents (not air) suffered by the Insured during the period of travel, and communicated to the company, which, within two years from the day in which they occurred, have as a direct result the death or permanent disability.
The company considers injury :
· The asphyxiation not morbose origin;
· The acute poisoning by ingestion or absorption of substances;
· The starvation or freezing;
· The sunstrokes or heat strokes.
Ceiling: € 10,000.00
C. 2 - Exemptions
Compensation for permanent disability is exclusively due to the case in which the degree of permanent disability is more than 5 percentage points of the total; in this case, the compensation will be awarded only for the percentage of permanent disability exceeding 5 percentage points.
C. 3 – Effective Date and operation
The guarantee starts from the moment of the beginning of the journey and is operational until the end of the trip itself, but not later than the expiry date of the insurance Policy.
C. 4 - Exclusions (for integration of common exclusions)
The Company does not provide compensation for the injuries directly or indirectly resulting from:
a) For the execution of each professional activity or paid work, however and wherever performed;
b) Driving vehicles for which is prescribed a license category greater than B and boats with engine for use not private;
c) To use, even as a passenger, aircraft (including hang gliders and ultra lights);
d) A surgical operations, investigations or medical services not resulting from an accident;
e) A suicide attempt or suicide;
f) The participation, even as a passenger, to sports competitions and related tests with or without the use of motor vehicles unless the same have recreational purpose;
g) Such acts of recklessness and practice of aircraft sport and air in general, speleology, trampoline jumps with ski or hydro ski, acrobatic skiing, off track skiing, mountaineering, free climbing, rafting, bungee jumping as well as any sport exercised professionally or that, however, involve remuneration both direct and indirect;
h) A drunkenness, abuse of psychoactive drugs, use of narcotics or hallucinogens;
i) Acquired Immunodeficiency Syndrome (AIDS);
j) To Hernia, except those by abdominal effort;
k) Infarctions from any cause.
C. 5 - Validation Criteria
The Company remits:
a) The compensation for the death or permanent disability even if they occur after the expiry of the insurance, but within two years from the day of the accident. It is understood that the accident must be reported to the Company at the time of the occurrence;
b) compensation for the sole direct consequences, exclusive and objectively ascertainable of the accident, that are independent of physical or pathological conditions preexisting or developed with respect to the accident;
c) The amount of damage agreed directly with the policyholder or person designated by him. In the event of disagreement each of the Parties may propose that the matter is resolved by one or more arbitrators, appointed with special action;
d) In the event of death, the sum assured to the heirs. The compensation shall not be cumulated with the one for permanent disability. If after the payment of compensation for permanent disability, the Insured dies as a result of the same accident, the company corresponds to the recipients only the difference between the compensation for death - if higher - and that already paid for permanent disability;
e) In the case of permanent disability of 100 %, the ceiling for this guarantee.
f) In the case of permanent disability, the compensation calculated on the sum assured in proportion to the degree of permanent disability which must be determined according to the criteria and the percentages in the Table INAIL, referred to the D. P. R. June 30, 1965 nr. 1124 And subsequent amendments.
C. 6 - people for whom the guarantee Injury Travel is not valid
This warranty injury travel is not operating for the policyholders who have already attained the age of 75.
ART. 2. Exclusions
Are excluded from the insurance all the services if the insured person has not previously contacted the Operations Center.
Are also excluded from the insurance each compensation, service, consequence and/or event directly or indirectly resulting from :
Situations of armed conflict , invasion, acts of foreign enemies, hostility, war, civil war, rebellion, revolution, insurrection, martial law, military or usurped power, or attempt to usurp power;
Acts of terrorism in general, including the use of any type of nuclear or chemical bomb;
Ionizing radiation or radioactive contamination developed by nuclear fuels, or deriving from phenomena of transmutation of the nucleus of the atom or from radioactive, toxic, explosive properties, or other dangerous properties of nuclear equipment and its components ;
Tornadoes, hurricanes, earthquakes, volcanic eruptions, floods, nuclear explosions and other upheavals of nature;
Pollution of air, water, soil, the subsoil, or from any environmental damage;
Costs of searching the insured in the sea, lake, mountain or desert.
Malice or gross negligence of the Insured.
No (re)insurer will be required to provide a cover, to pay a loss or provide a benefit to any title in the event that the supply of such coverage, the payment of such claim or the provision of this service exposes the (re)insurer to any penalty or restriction by virtue of a United Nations resolution or by virtue of the sanctions, laws or trade and economic embargoes of the European Union, the United Kingdom or the United States of America.
ART. 3. OBLIGATIONS OF THE INSURED IN THE CASE OF A REQUEST FOR ASSISTANCE
The policyholder, or who acts on his behalf, in the case of a request for assistance or medical expenses on the road due to hospitalization, should immediately contact the Operations Center operating 24 hours a day at the following telephone number:
+ 39 06 42 115 840
In addition, must qualify himself as 'Insured MOTTOLINO" and communicate:
- Personal data of the insured;
- Policy number 318351;
- Type of intervention required ;
- Temporary telephone number;
- Hospital info (name and telephone number, department of hospitalization, name of doctor who has taken the patient into care;
- Address of any family/company traveling with the insured.
ART. 4. OBLIGATIONS OF THE INSURED IN THE CASE OF A REQUEST FOR REIMBURSEMENT
For each request for reimbursement, the insured or who acts on his behalf, must file the claim to the Company within 30 days of the date of return, by providing the Company all the documents relevant to the management of the event:
- Personal data and tax code of the recipient of the payment (pursuant to law n.248, 4 August 2006);
- Name and address of the Bank , IBAN code, SWIFT code in the case of foreign current account;
- Name of the current account holder if different from the holder of the case;
- Place, day and hour of the event and circumstances and causes that have determined it.
■ Medical expenses Reimbursement:
- Medical documents issued on the premises (clinic folder, minutes of first aid, medical certificate stating the diagnosis) and the relative original receipts of the medical expenses incurred.
■ Civil Liability Third Parties – (RCT)
- Written request of the counterpart with the quantification of damages.
- Any testimony.
- Place, day and hour of the event;
- Medical certificates proving the accident;
- Subsequently, until healing has occurred, the medical certificates on the course of the lesions.
Note: Furthermore, if the injury has caused the death of the policyholder or when this happens during the period of therapy you must immediately notify the Company by sending the death certificate.
REQUESTS FOR REIMBURSEMENT
Send the claim and the supporting documents to the following address:
INTER PARTNER ASSISTANCE S.A. – Rappresentanza Generale per l'Italia
Servizio Liquidazione Travel
Via B. Alimena, 111 – 00173 ROMA