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INSURANCE TERMS AND CONDITIONS

This contract, as with any insurance contract, constitutes reciprocal rights and obligations. It is governed by the French Insurance Code. These rights and obligations are set out in the following pages.

CANCELLATION

The Cancellation cover provides for reimbursement of the fees for cancellation of the rental of the covered ski equipment before departure up to the amounts and excess specified in the “Table of covers”, charged to the Insured and billed by Sport 2000 pursuant
to the general terms and conditions for rental of the ski equipment, if the Insured is unable to leave for any of the following reasons :

• Accidental death, Accident or Illness that prevents the Insured from travelling by his own means, and hospitalization, including relapses or aggravation of an Accident or Illness incurred before the subscription to this insurance, with it being noted that the date of the first certificate of the aggravation, the evolution or the relapse will be taken into account for calculation of the reimbursement, of :
  • the Insured,
  • his/her spouse,
  • a member of his/her family (as defined herein), or any person who regularly lives with the Insured. 
• Serious illness or death (including serious illness following an epidemic or pandemic declared within 30 days of departure) :
  • the Insured,
  • his/her spouse,
  • a member of his family (as defined herein), or any person who regularly lives with the Insured.
• Denied boarding following a temperature measurement of the Beneficiary / Insured on arrival at the departure airport.
• Pregnancy unknown at the time of subscription to the insurance and counter-indicating travel due to the nature of the pregnancy: pathological pregnancy, miscarriage, therapeutic interruption of pregnancy, delivery and the consequences there of before the 8th month.
• Significant physical damage (destruction of more than 50 %) or thefts, occurring at the Insured’s residence or the business premises that they own, rent or occupy free of charge, which requires their presence therein in order to take the necessary protective measures.
• Redundancy, on the condition that the procedure was not initiated before subscription to the insurance.
• Obtaining of paid employment or an internship before departure, whereas the insured were registered at the Unemployment Agency, to the exclusion of an extension or renewal of a preexisting employment or internship contract.
• The employer’s modification or elimination of the period of paid holidays previously granted for the trip, subject to the application of a minimum excess of 20% of the amount of indemnity. Independent professionals, and company managers and legal representatives are excluded.
• Summons to a retaking of a university exam on a date that falls during the trip, provided that the failure of the exam was not known at the time of subscription to the insurance.
• Summons on a date that falls during the trip and was not known at the time of subscription to the insurance, which cannot be deferred and requires the Insured’s presence for administrative purposes:
  • summons for the adoption of a child
  • summons as a witness or juror at the Assize Court
• Denial of a tourist visa by the authorities of the country selected for the trip, provided that no application had previously been filed and had already been denied for a preceding trip.
• Theft of identity card or passport occurring within 48 hours before departure, if these documents are indispensable for the trip.
• Serious damage to your vehicle occurring within 48 hours before departure, if you cannot use the vehicle to go to your travel destination or to the meeting place set by the trip organizer.
• Obtaining of employment or an internship by the Employment Agency On the condition that the person was registered at the Employment Agency as a job applicant, and that his/her employment or internship commences before or during the trip. A change in the type of employment contract is not covered (e.g. conversion of a determinate employment contract into an indeterminate employment contract.
• Transfer imposed by your supervisor, which you have not requested, to the exclusion of heads of company, independent professionals, craftsmen, and sporadic workers in the entertainment industry. A 25% excess is charged to you.

Counter-indication and consequence of vaccination

TABLE OF AMOUNTS OF COVERS

TYPE OF COVERS	CEILINGS OF COVERS AND EXCESSES
Annulation
CANCELLATION FEES The Cancellation cover provides for reimbursement of the fees for cancellation of the rental of the covered ski equipment before departure	According to the cancellation fee schedule: Cancellation before departure: Reimbursement of the amount that the insured has actually paid – Maximum of € 300 /person and maximum of € 5000 / event 10% excess for cancellation less than 48 hours before departure
INTERRUPTION OF THE STAY Coverage of days of ski equipment rental that are not used. Pro rata reimbursement of services not consumed.	Maximum of € 300 / person and maximum of € 5000 / event
THEFT AND BREAKAGE OF EQUIPMENT In the event of accidental physical damage of the covered ski equipment: Coverage of the repair or replacement of the covered ski equipment if it is irreparable, or is not repairable economically. In the event of simple theft of the covered ski equipment, or the robbery thereof by breaking and entering: coverage of the replacement costs. Coverage is limited to a single claim per covered item of equipment and per insurance period	The excess charged to the insured is determined as a function of the category of covered ski equipment : › € 25 for children and junior blue or red skis, snowboards and packs. › € 40 for adult primo, green, blue, red, black, and free style skis, mini skis, snowboards, and packs. › € 50 for diamond, free ride, free cross-country or infinity skis and packs.

 

CALCULATION OF REIMBURSEMENT OF CANCELLATION FEES

When the Insured selects this option and cancels between the effective date of coverage and 48 hours before departure, the Insurer reimburses the amount that the Insured had actually paid, less taxes, insurance premiums and administrative costs.
When the Insured selects this option and cancels less than 72 hours before departure, the Insurer reimburses 100% of the ski rental cost billed by Sport 2000 pursuant to the particular terms and conditions of sale, less taxes, insurance premiums, administrative costs, and a 10% excess of the amount reimbursed by the Insurer.

INTERRUPTION

If the Insured interrupts the trip covered by this contract, the Insurer commits to reimburse the days of ski equipment rental that are not used -- the reimbursement, replacement or compensation of which the Insured cannot require from the service provider --in the following situations :

• Death, serious illness, serious bodily injury that prevents the Insured from any travelling by his own means; and hospitalization, including relapses or aggravation of accident or illness incurred before subscription to this insurance, of the insured, his/her legal or de facto spouse, his/her ancestors or descendants up to the 2nd degree, his/her step-fathers, step-mothers, brothers, sisters, brothers-in-law, sisters-inlaw, sons-in-law, daughters-in-law, and any other person that regularly lives with the Insured.
• Significant physical damage (destruction of more than 50 %) or thefts, occurring at the Insured’s domicile, or in business premises that they own, rent or occupy free of charge, which requires their presence therein in order to take the necessary protective measures.
• Summons on a date that falls during the trip and was not known at the time of subscription to the insurance, which cannot be deferred and requires the Insured’s presence for administrative purposes :
  • convocation en vue de l’adoption d’un enfant,
  • summons for the adoption of a child;
  • summons as a witness or juror at the Assize Court;
  • summons to a retaking of a university exam on a date that falls during the trip, provided that the failure of the exam was not known at the time of subscription to the insurance.

The reimbursement will be effectuated on a pro rata basis

THEFT & BREAKAGE

• In the event of accidental physical damage of the covered ski equipment: coverage of the repair or replacement of the covered ski equipment if it is irreparable or is not repairable economically, within the limit of € 600 per covered item of ski equipment and after application of an excess.
• In the event of simple theft of the covered ski equipment, or the robbery thereof by breaking and entering: coverage of the costs for replacement of the covered ski equipment within the limit of € 600 per covered item of ski equipment and after application of an excess.

The excess charged to the Insured is determined as a function of the category of covered ski equipment :

• €25 for skis and snowboards (alone or in packs) baby and junior
• €40 for skis, snowboards (alone or in packs) adult green, blue, red, mini ski, black, freestyle
• €50 for skis (alone or in packs) freeride and ski free touring
• €75 for skis (alone or in packs) diamond
• €100 for skis (alone or in packs) premium and ski touring
• €2 for ski poles

Coverage is limited to a single claim per covered item of ski equipment and per insurance period.

INDEMNIFICATION

In the event of theft or breakage of the equipment, the procedure for indemnification is as follows :

• The Insurer will reimburse the total amount of injury to the shop where said equipment was picked up.
• After examination and acceptance of the covered event, the Insurer will proceed with indemnification for the loss, less the Insurer’s contractual excess.

EXCLUSIONS FROM COVERAGE

Exclusions specifically applicable to the Cancellation /Interruption cover :

• Accidents intentionally caused or provoked by the Insured or the beneficiary of the contract.
• The consequences of the Insured’s consummated or attempted suicide.
• Absorption of drugs, narcotics, similar substances, and medications not prescribed by a certified medical authority, and the consequences thereof.
• The consequences of the Insured’s inebriation established by the presence of a blood alcohol level equal to or above the level set by French law governing the driving of an automobile.
• Nervous or mental illnesses entailing hospitalization. Accidents that occur in the following circumstances are also excluded
• When the Insured is engaged in professional sports, or is a driver or participates in amateur races that require the use of a motorized land, aeronautic or aquatic vehicle.
• When, as a pilot or passenger, the Insured uses an ultralight aircraft, glider, wing parachute or paraglider.
• When the Insured participates in fights (except in a situation of legitimate self-defence) or crimes. Exclusions specifically applicable to the Theft & Breakage cover
• Theft of the covered equipment when stationary between 6 (six) p.m. and 9 (nine) a.m.
• Theft other than break-in between 6 (six) p.m. and 9 (nine) a.m.
• Loss, including a loss following a situation of force majeure or disappearance of the covered ski equipment.
• Damage other than accidental physical damage.
• Damage to the covered ski equipment’s exterior parts that does not prevent its functioning, such as scratches, flakes or scrapes.
• Damage resulting from a failure to follow the instructions for use and maintenance given by the Sport 2000 shop where the covered ski equipment is picked up.
• Damage falling within the manufacturer’s, distributor’s or fitter’s guarantee.
• The Insured’s intentional or tortious misconduct.

TERRITORIALITY

The covers apply to any insured event occurring in metropolitan France.

IN THE EVENT OF AN INCIDENT

Claim declaration
On pain of invalidation of coverage – except in the event of fortuity or force majeure, the Insured must declare his claim within 5 (five) business days following the occurrence of the incident. This deadline for the declaration is shortened to 2 (two) days in the event of theft. This declaration is to be sent:
by letter to : GRITCHEN AFFINITY – Sport 2000 27 rue Charles Durand - CS70139 18021 BOURGES Cedex
or by Email : sinistres@gritchen-assurances.com

For the Cancellation/ Interruption cover
The documents necessary for the settlement of claims.
The documents necessary for all declarations of claim:

• A «claim declaration» giving the circumstances of the incident.
• A copy of the mail confirming reservation of the rental, indicating the subscription to the Cancellation cover – Theft & Breakage coverage.

The documents necessary in the following circumstances :
Death, Accident or Illness : Death certificate or medical certificate, family book (if the victim is not the Insured)
Pregnancy : Medical certificate.
Counter-indication of vaccination : Medical certificate
Redundancy : Certificate of dismissal
Obtaining of employment : Employer’s certificate
Modification or elimination of paid holidays : Employer’s certificate
Summons : Copy of the summons, including the date on which the document was delivered
Denial of VISA : Copy of the passport, and a sworn statement that there had been no prior denial
Thefts : Copy of the filing of complaint
The Insurer’s claim management department will advise the Insured If additional medical documents or any other probative documents required for the covers involved are required for the settlement of a claim.
Indemnification
Any settlement will occur only after delivery of a complete file containing the documents requested by the claim management department. After the parties’ agreement, the indemnification is payable without interest within 15 days.
If a verification by an expert is necessary for the settlement of a claim and, for no valid reason, the Insured or the legal representative refuses such a verification, and if, after a notice given forty-eight hours in advance by registered mail, the Insured persists in his refusal, the Insurer will not be obligated to pay the indemnification in question.

For the Theft & Breakage cover
In the event of a robbery by breaking and entering, or a simple theft
File a complaint as promptly as possible with the relevant authorities, in which the theft and the circumstances thereof must be described.
Declare the claim to GRITCHEN ASSURANCES by transmitting the following documents: An original of the filing of a complaint, expressly indicating the robbery by breaking and entering or the simple theft, and a sworn statement, describing the precise circumstances of the incident (date, hour and location of the incident).
In the event of accidental damage
Declare the claim to GRITCHEN ASSURANCES by transmitting the following documents: A sworn statement describing the circumstances of the incident) and a certificate issued by Sport 2000 specifying the physical damage incurred by the covered ski equipment.
Comply with the GRITCHEN ASSURANCES instructions.
We may ask for the opinion of an expert or investigator, as well
as any other documentation deemed to be necessary, in order to
ascertain whether the request for indemnification is well-founded.
Indemnification
After examination and acceptance of the insured incident, the Insurer, indemnifies Sport 2000 for the costs of repair or replacement of the covered ski equipment.

EFFECTIVE DATE AND DURATION OF THE SUBSCRIPTION AND COVERAGE

The subscription and coverage take effect on the same date. Subject to actual payment of the premium, the subscription takes effect on the day on which the covered ski equipment is picked up at the shop. The duration of subscription and the duration of coverage are the same. They correspond to the duration of rental of the covered ski equipment as stipulated upon the reservation on the Sport 2000 website.
The subscription and covers end :

• upon expiration of the period during which coverage is in effect;
• in any other situations specified by the Insurance Code, especially in the event of a failure to pay the premiums, or the disappearance or total destruction of the covered ski equipment that does not give rise to coverage.

PREMIUMS

The insurance premium is determined as a function of the number of items of covered ski equipment and the number of rental days. It is payable at the same time as the payment for reservation of the covered ski equipment on the Sport 2000 website

WHAT GENERAL EXCLUSIONS APPLY TO ALL OF OUR COVERS ?

We do not consider applications for coverage or indemnification with respect to the following items and circumstances :

• Services that were not requested during the trip or were not arranged by us or with our agreement, which therefore do not a posteriori give the right to reimbursement or indemnification.
• Meal and hotel expenses, except those specified in the text of covers.
• Damage intentionally caused by the Insured, and damage resulting from his participation in a crime, tort or fight, except in a situation of legitimate self-defence.
• The amount of adverse court orders and the consequences thereof.
• The use of narcotics, or drugs without medical prescription.
• State of inebriation from alcohol.
• Customs duties.
• Participation as a competitor in sports competitions or rallies giving the right to a national or international ranking organized by a sports federation, for which a license is issued, as well as training for such competitions.
• Engagement in any sports as a professional.
• Participation in competitions or endurance or speed events and in their preparatory tests, on board any land, aquatic or aeronautic vehicles.
• The consequences of a failure to comply with the safety rules applicable to engagement in any recreational sports activities.
• The costs incurred after return from the trip or after expiration of coverage.
• Accidents resulting from your participation, even as an amateur, in the following sports : Motor sports regardless of the type of motor vehicle used), aeronautic sports, high mountain alpinism, bobsleighing, hunting of dangerous animals, ice hockey, skeleton, combat sports, speleology, and snow sports with international, national or regional ranking.
• A deliberate failure to comply with the regulations applicable in the visited country, or engagement in activities not authorized by the local authorities.
• Official prohibitions, attachments or constraints by the police.
• The Insured’s use of aircraft.
• The use of engines of warfare, explosives and firearms
• Damage resulting from the Insured’s tortious misconduct as defined by article L.113-1 of the Insurance Code.
• Suicide and attempted suicide.
• Epidemics, pollutions and natural disasters, unless otherwise stipulated.
• Civil or foreign wars, riots, strikes, mass demonstrations, acts of terrorism, taking of hostages.
• Disintegration of the atomic nucleus or any irradiation coming from a source of radioactive energy.

Under no circumstance shall MUTUAIDE ASSISTANCE’S liability be pursued for a failure to execute, or a belated execution of, its obligations due to a situation of force majeure, or events such as civil or foreign wars, riots, mass demonstrations, lockouts, strikes, attacks, acts of terrorism, piracies, storms, hurricanes, earthquakes, cyclones, volcanic eruptions or other cataclysms, disintegration of the atomic nucleus, explosion of devices, radioactive nuclear effects, epidemics, effects of pollution, natural disasters, effects of radiation or any other accidental situation or event of force majeure, as well as the consequences thereof.

GENERAL PROVISIONS

As in any insurance contract, this contract consists of the reciprocal rights and obligations and is governed by the French Insurance Code. These rights and obligations are set forth in the following pages. This contract is a group insurance contract subscribed by Gritchen Affinity with MUTUAIDE ASSISTANCE, adhesion to which is optional.
Appendix to article A. 112-1
Informational document for exercise of the right of revocation specified in article L. 112-10 of the Insurance Code:

You are asked to verify whether or not you are already covered for any of the risks insured by the new contract. If such is the case, you have the right to revoke this contract within fourteen calendar days of its conclusion, without cost or penalty, if all of the following conditions are met :
- you have subscribed to this contract for nonprofessional purposes;
- this contract is supplementary to the purchase of a product or service sold by a supplier;
- you prove that you are covered for any of the risks insured by this new contract;
- the contract that you want to revoke is not fully executed;
- you have not declared any incident covered by this contract.
In that situation, you may exercise your right to revoke this contract by letter or by means of any other durable medium sent to the insurer of the new contract, along with a document proving that you are already covered for any of the risks insured by the new contract. The Insurer is required to reimburse you for the premium paid within thirty days following the date of your revocation.
If you want to revoke your contract, but you do not meet all of the aforesaid conditions, verify the terms and conditions for revocation specified in your contract.

Additional information :
The letter of revocation -- a model of which appears below -- must be transmitted by mail or by means of any durable medium to Gritchen Affinity – 27, rue Charles Durand – CS70139 – 18021 Bourges :
« I, the undersigned Mr./Ms.…………......., residing at …………........., revoke my contract N°……….subscribed with MUTUAIDE ASSISTANCE in accordance with article L 112-10 of the Insurance Code. I certify that, as of the date of transmission of this letter, to the best of my knowledge no incident triggering coverage has occurred.»

Consequences of renonciation:
Exercise of the right of revocation within the aforesaid time entails termination of the contract, taking effect as of the date of receipt of the letter or any other durable medium. If you are aware of an incident triggering coverage, you can no longer exercise this right of revocation. In the event of revocation, you are required to pay only part of the premium for the period during which the risk occurred, with this period being calculated up to the date of termination. However, you will still owe the total amount of premium to the insurance company if you exercise your right of revocation and an incident triggering coverage, of which you were not aware, occurred during the time provided for revocation.

PROVISIONS APPLICABLE TO ALL OF THE COVERS

DEFINITIONS AND SCOPE OF APPLICATION

We, the Insurer,
MUTUAIDE ASSISTANCE – 126, rue de la Piazza – CS 20010 – 93196 Noisy-le-Grand Cedex – S.A., a limited corporation with fully paid-in capital of € 12 558 240, governed by the Insurance Code, registered in the Bobigny Registry of Trade & Companies under number 383 974 086– VAT n° FR 31 3 974 086 000 19.

Serious bodily injury
Abrupt deterioration of health caused by a sudden external event that is not imputable to the victim, established by a competent medical authority, for which medications are prescribed to the injured, and which implies cessation of any occupational or other activity.

Attack
Any violent act that constitutes a criminal or illegal attack against persons and/or property in the country in which you stay, the purpose of which is to seriously disrupt public order through intimidation and terror, and which is covered by the media. Such an “attack” must be identified by the French ministry of foreign affairs or the French ministry of interior. If several attacks occur on the same day and in the same country, and if the authorities define them as a single coordinated action, they will be deemed to constitute a single event.

Insured
The natural person or the group duly insured by this contract and referred to hereinafter as “you”.

Domicile
For Insurance Coverage and Assistance, these persons must be residents of France, or the French overseas departments, regions, or communities with a particular status, or Europe.

Luggage
Travelling bags, suitcases, trunks and the content thereof, except for the clothes you are wearing.

Injury
Abrupt deterioration of health caused by a sudden exterior action that is not imputable to the victim, established by a competent medical authority.

Natural disaster
Abnormal intensity of a natural agent that is not caused by human beings, such as an earthquake, volcanic eruption, tidal wave, flood or natural cataclysm, which is recognized as such by the public authorities.

OC
OC designates the overseas communities – i.e. French Polynesia, Saint Pierre & Miquelon, Wallis and Futuna, Saint Martin and Saint Barth.

Definition of assistance to persons
Assistance to persons includes all of the services rendered in the event of insured persons’ illness, injury or death during a covered trip.

Trip covered
A stay for which you are covered, the premium of which you have paid, for a maximum period of 90 consecutive days.

Domicile
For Assistance and Insurance coverage, the location of the regular principal residence in France, the overseas departments, territories or communities with a particular status, or in Europe is deemed to be the domicile. In the event of dispute, the domicile with respect to taxation constitutes the domicile.

Overseas departments, regions and communities with a particular status
Guadeloupe; Martinique, French Guiana, Reunion, French Polynesia, Saint Pierre & Miquelon, Wallis and Futuna, Mayotte, Saint Martin, Saint Barth, New Caledonia. 

Overseas departments and regions (ODR)
ODR designates the overseas departments and regions – i.e. Guadeloupe, Martinique, French Guiana, Reunion and Mayotte.
Duration of coverage

• The “Cancellation” coverage takes effect on the day on which you subscribe to the insurance contract, and expires on the day of your departure on your trip.
• The duration of validity of other coverage corresponds to the dates of your stay indicated in the invoice issued by the travel agency, for a maximum period of 90 consecutive days.

Basic items
Clothing and toiletries enabling you to temporarily face the unavailability of your personal effects.

Epidemic
Appearance of a large number of sick people in a particular place following an illness.

European Economic Space (E.E.S) 
Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece; Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, the Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia and Sweden.

Foreign
Any country outside of your country of residence.

Europe
Europe designates the following countries: Germany, Andorra, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, metropolitan France, Gibraltar, Hungary, Greece, Ireland, Italy and its islands, Liechtenstein, Latvia, Lithuania, Luxembourg, Malta, Principality of Monaco, Norway, the Netherlands, Poland, Portugal, Romania, United Kingdom, Slovakia, Slovenia, Czech Republic, San Marino, Sweden and Switzerland.

Events covered :
- Cancellation
- Theft/Breakage
- Interruption of stay

Execution of services

The services stipulated hereunder are triggered only after MUTUAIDE ASSISTANCE’s agreement. Consequently, any expenses engaged on the beneficiaries’ authority will not be reimbursed by MUTUAIDE ASSISTANCE.

Excess
Portion of the claim charged to the Insured, as specified in the contract, in the event of an indemnification following an incident. The excess may be stated in amount, percentage, day, hour or kilometre.

Long-haul
« Long-haul » designates trips to countries that are not listed as « Medium-haul » destinations.

Illness
Abrupt and unpredictable deterioration of health established by a competent medical authority.

Serious illness
Abrupt and unpredictable deterioration of health established by a competent medical authority, for which medications are prescribed to the ill person, and which implies cessation of any occupational or other activity.

Maximum amount per event
If coverage is exercised for several insured who are the victims of the same event and are covered pursuant to the same particular terms and conditions, coverage is limited in all circumstances to the maximum amount specified for that coverage regardless of the number of victims. Therefore, the indemnifications are reduced and paid in proportion to the number of victims.

Family members
Your legal or de facto spouse or any person with whom you have concluded a civil partnership, your ancestors or descendants or those of your spouse, your father-in-law, mother-in-law, brothers, sisters, including the children of the spouse or cohabitee of one of your direct ancestors, your sisters-in-law, brothers-in-law, sons-in-law, step-daughters, or those of your spouse. They must reside in the same country as your country of residence, unless otherwise contractually stipulated.

Medium-haul :
« Medium-haul » designates trips to Europe and the Maghreb countries.

We organize
We carry out the steps that are necessary to give you access to the service.

We cover
We finance the service.

Invalidation
Any frauds, falsifications, false declarations or false evidence that might put the covers specified in the contract into play will lead to invalidation of our commitments and loss of the rights specified in said contract.

Precious objects
Pearls, jewellery, watches or furs that are worn, as well as any devices reproducing sound and/or images and the accessories thereto, hunting shotguns and rifles, fishing equipment and laptops.

Pandemic
Worldwide propagation of an illness.

Quarantine
Isolation of a person in the event of suspected or confirmed illness, ordered by a competent local authority to avoid a risk of propagation of said illness in the context of an epidemic or pandemic.

Incident
Random event of such a nature as to trigger coverage of this contract.

Territoriality
The entire world.

WHAT IS THE GEOGRAPHIC COVERAGE OF THE CONTRACT ?
The covers and/or services subscribed under this contract apply throughout the world.

WHAT IS THE DURATION OF THE CONTRACT ?
The duration of validity is the duration of services sold by the travel agency.
Under no circumstance shall the duration of coverage exceed 3 months from the day of departure on trip.
The « CANCELLATION » cover takes effect as of the date of subscription to this contract, and expires on the day of departure on the trip (toward the destination).
The other covers take effect as of the specified date of the planned departure, and expire on the date of the planned return.

PROCESSING OF COMPLAINTS
In the event of disagreement or dissatisfaction regarding execution of your contract, we recommend that you contact GRITCHEN AFFINITY by writing to sinistre@declare.fr for the
Insurance covers.
If you are not satisfied with the response, you may send a letter to:

MUTUAIDE
Service Assurance
TSA 20296
94368 Bry sur Marne Cedex

MUTUAIDE commits to acknowledge receipt of your letter within 10 business days. Your complaint will be processed within 2 months. If the disagreement persists, you may submit the matter to the Insurance Mediation Service by letter to :

La Médiation de l’Assurance
TSA 50110
75441 Paris Cedex 09

The Insurer acknowledges receipt of the complaint within 10 business days following receipt thereof, unless it has replied to the client within that time. The Insurer replies to the Insured within a time that shall not exceed two months of the date of receipt.
Finally, if you still disagree after the response, you may submit the matter to the Insurance Mediation Service, on the condition that no legal action has been initiated :

La Médiation de l’Assurance
TSA 50110
75441 Paris Cedex 09

The Insurance Mediation Service does not have the authority to deal with contracts for coverage of professional risks.

DATA COLLECTION

The Insured acknowledges being advised that the Insurer processes personal data in accordance with the applicable Personal Data Protection Regulation, and also that:

• Responses to the questions posed are mandatory, and, in the event of false declarations or omissions, the consequences for the Insured may be invalidation of the subscription to the contract (article L 113-8 of the Insurance Code) or a reduction in the indemnifications (article L 113-9 of the Insurance Code).
• Processing of personal data is necessary for the subscription to, and execution of, his contract and covers, for the management of commercial and contractual relationships, or for execution of the applicable laws, regulations or administrative provisions.
• The data collected and processed are retained for a period necessary for execution of the contract, or for compliance with the legal obligation. These data are then archived for periods specified by the provisions related to prescription.
• The Insured’s data are transmitted to the Insurer’s departments in charge of concluding, managing and executing the insurance contract and its covers, and the Insurer’s delegates, representatives, partners, subcontractors and reinsurers in the context of their assignments and within the limit of their responsibilities. If necessary, they may also be transmitted to professional agencies and any persons participating in the contract such as lawyers, experts, public officers, ministerial officials, custodians, guardians and investigators. Information regarding the Insured may also be transmitted to the Underwriter and any authorized third parties (courts, arbitrators, mediators, ministries involved, supervisory and monitoring authorities, and any public agencies authorized to receive it, as well as departments responsible for control, such as auditors, and services in charge of internal monitoring).
• As a financial entity, the Insurer is subject to the legal obligations derived principally from the Monetary and Finance Code regarding the prevention of money laundering and the financing of terrorism, and, in that regard, the Insurer implements a system for monitoring contracts that may lead to a declaration of suspicion or a freezing of assets. The Insured’s data and documents are retained for a period of five (5) years, commencing to run as of the closing of the contract or termination of the relationship.
• The Insured’s personal data may also be used in the context of a measure for the prevention of insurance fraud, which may result in a listing of persons who evince a risk of fraud. Such a listing may result in an extension of the analysis of the Insured’s file, even a reduction or denial of the benefit of a right, benefit, contract or service offered. In that context, the personal data of the Insured or persons who are parties to, or have an interest in, the contract may be processed by an authorized persons working in the entities of the Insurer Group for the prevention of fraud. Such data may also be made available to authorized employees of entities that are directly concerned about a fraud (other insurance companies or intermediaries; judicial authorities, mediators, arbitrators, public officers, ministerial officials; third party entities authorized by a provision of law; and, if applicable, the victims of fraud or their representatives). In the event of a fraud alert, the data are retained for a maximum of six (6) months for verification and elimination of the alert, unless the alert is proved to be relevant. In the event of a relevant alert, the data are retained for up to five (5) years after the closing of the fraud file, or until the closing of the legal proceedings and the applicable prescription periods. The data of persons who are listed as presumed fraudsters are eliminated 5 years after the date on which they were so listed.
• In its capacity as insurer, it has good reason to process data related to offences, sentences and surety measures at the time of subscription to the contract or during the course of its execution, or for the management of disputes. The Insurer may also use personal data in the context of processing for the purpose of developing and improving the quality or relevance of its future insurance and/or assistance products and service offers.
• The Insured’s personal data may be accessible to the Insurer’s employers or service providers located in countries outside of the European Union.
• In proving his identity, the Insured has the right to access, rectify, delete, or oppose the use of, processed data. He also has the right to request restriction of the use of his data that are no longer necessary, or to recover in a structured format the data he provided when they were necessary for the contract or when he agreed to the use of these data. He has the right to give instructions regarding the disposition of his personal data after his death. These general or particular instructions involve the retention, deletion and communication of his data after his death. The Insured may exercise the aforesaid rights with the Insurer’s Data Protection Officer :
  • by email at DRPO@MUTUAIDE.fr
  • by letter to the following address: Data Protection Officer – MUTUAIDE ASSISTANCE – 126, rue de la Piazza – 93196 Noisy le Grand.

After having submitted his request to the Data Protection Officer to no avail, the Insured may refer the matter to the National Commission for Computerized Data Processing and Individual Rights (known in France as CNIL).

SUBROGATION
MUTUAIDE ASSISTANCE is subrogated in the Insured’s rights and actions against any person liable for facts that are the bases of its intervention, up to the amount of indemnifications it has paid and of services it has provided. When all or any part of the services provided in execution of the contract are covered by another company or institution, MUTUAIDE ASSISTANCE is subrogated in the Insurer’s rights and actions against said company or institution.

PRESCRIPTION
Pursuant to article L 114-1 of the Insurance Code, any action related to this contract is time-barred after two years have passed from the date of the event that triggers it. This time limit is extended to ten years for life insurance, with the actions of the beneficiaries thereof being time-barred after thirty years have passed from the date of the event involved.
However, this time limit commences to run :

• in the event of reticence, omission or false or inaccurate declaration regarding the risk incurred, only as of the date on which any such event is brought to the Insurer’s attention;
• in the event of an incident, only as of the date on which such an event is brought to the attention of the persons involved, if they prove that they were unaware thereof before then. When the Insured takes action against the Insurer due to a third party’s legal action, the prescription period commences to run only on the date on which said third party brought that action against the Insured or was indemnified thereby. The running of this prescription period may be suspended in accordance with article L 114-2 of the Insurance Code for any of the following usual reasons for interruption:
• the obligor’s acknowledgement’s of the right of the party against which he prescribed (article 2240 of the Civil Code) ;
• a legal action, even on urgent application, until the closing of the proceedings. That is also true when the action is brought before an incompetent court, or when the writ is cancelled due to a procedural defect (articles 2241 and 2242 of the Civil Code); the suspension is null and void if the plaintiff withdraws its action or allows the proceedings to lapse, or if its action is definitively denied (article 2243 of the Civil) ;
• a provisional measure taken pursuant to the Code of Civil Procedure, or a writ of forced execution (article 2244 of the Civil Code).

It is specified that:

• A notice to one of the joint and several obligors through a court order or by a writ of forced execution, or this obligor’s acknowledgement of the right of the party against which he prescribed, suspends the running of the prescription period visà- vis all of the other obligors, and even their heirs.
• However, a notice to one of the heirs of a joint and several obligor, or this heir’s acknowledgement, does not suspend the running of the prescription period vis-à-vis the other joint heirs, even in the event of a mortgage claim, if the obligation is divisible.
• Such a notice or acknowledgement suspends the running of the prescription period vis-à-vis the other joint obligors only for the portion for which this heir has an obligation.
• To suspend the running of the prescription period in all respects vis-à-vis the other joint obligors, the notice must be served on all of the deceased obligor’s heirs, or there must be an acknowledgement by all of these heirs (article 2245 of the Civil Code).
• A notice to the principal obligor or his acknowledgement suspends the running of the prescription period against the guarantor (article 2246 of the Civil Code). The running of the prescription period may also be suspended by:
• the appointment of an expert following an incident;
• a registered letter sent by the Insurer to the Insured concerning an action for payment of a premium, and one sent by the Insured to the Insurer for payment of a claim.

SETTLEMENT OF DISPUTES
Any dispute that might arise between the Insurer and the Insured regarding the determination or payment of benefits, which cannot be amicably resolved, shall be submitted by the most diligent party to the court located in the area of the Insured’s domicile in accordance with the provisions specified in article R 114-1 of the Insurance Code.

FALSE DECLARATIONS
When they change the nature of the risk and distort our opinion :
› Any reticence or intentionally false declaration on your part entails invalidation of the contract. The paid premiums remain our property and we will be entitled to require the payment of accrued premiums, as specified in article L 113.8 of the Insurance Code.
› Any omission or inaccurate declaration on your part, even if the bad faith thereof is not established, entails termination of the contract 10 days after a notice served on you by registered letter and/or application of the reduction of indemnifications specified in article L. 113.9 of the Insurance Code.

SUPERVISORY AUTHORITY
The authority in charge of supervising MUTUAIDE ASSISTANCE is the Prudential Supervisory Authority (known in France as ACPR)
– 4, place de Budapest – CS 92 459 – 75 436 Paris Cedex 9. Gritchen Affinity - SAS with registered capital of € 10 000, registered in the Bourges Registry of Trade & Companies under n° 529 150 542, which has its head office at 27 rue Charles Durand - 18000 Bourges – VAT N° : FR78529150542 –insurance brokerage company without obligation of exclusivity (list of partner insurance companies available upon request), subject to the supervision of the Prudential Supervisory Authority (ACPR), 4 place de Budapest - CS 92459 - 75436 Paris Cedex 09, and registered in the Insurance Intermediaries, Banks and Finance Registry (known in France as ORIAS) as an insurance broker under n° 11061317 (www.orias. fr) – Professional Civil Liability and Financial Guarantee in accordance with articles L 512.6 and L 512.7 of the insurance Code- Subsidiary of GROUPE GRITCHEN ASSURANCES HOLDING, SAS, with capital of € 2 312 218,80.