Rental and Insurance Terms and Conditions


RENTAL TERMS AND CONDITIONS

BETWEEN:

The user

Referred to hereafter as “the Customer”

AND:

Sport 2000 France,

  • Route d’Ollainville, 91520 Egly, France
  • Registration number: RCS d'Evry 421 925 918
  • Société par actions simplifiée with a capital of 500 000 Euros
  • EU VAT No. FR 31 421 925 918
  • Telephone: +33 1.69.26.20.00
  • Fax: +33 1.69.90.32.89
  • E-mail: resa@sport2000.fr 
  • Legal representative: Thierry LAVIGNE, Président du Conseil d'Administration Coopérative Sport 2000

Acting in the name and on behalf of the member shops of the Sport 2000 network in winter sports resorts, referred to hereafter as “Hire Shops”.

You can find a list of the resorts where we have shops on this website at: https://ski-hire-sport2000.co.uk/ski-resort/france-93/index.html.

Referred to hereafter as “the Company”

RECITALS

The Company is authorised by the Hire Shops to record bookings (referred to hereafter as “Booking(s)”) on this Website for various winter sports equipment hired by the Customer (referred to hereafter as “Hire”).

These Rental Terms and Conditions(referred to hereafter “RTC”) are intended to define the terms and conditions governing the Booking and Hire of different equipment and services on the Website. All Bookings and Hires are governed by these RTC.

By confirming a Booking on the Website, the Customer fully accepts these RTC.

These RTC may be changed on the sole initiative of the Company. The terms applicable to a Booking and Hire are those in effect on the Website on the date the corresponding Booking is made.

ARTICLE 1: EQUIPMENT AND SERVICES

The different equipment and services offered on the Website are described according to categories and types. The photographs and details are provided for information; they are given as an example and are not contractually binding.

The Hire Shops undertake to provide quality technical equipment equivalent to the category booked.

The customer has the option to indicate his/her height, weight and shoes size for the equipment required.

The equipment is available subject to confirmation by the Company via an email sent to the address provided by the Customer.

ARTICLE 2: BOOKING TERMS  

2.1- To make a Booking, the Customer follows the steps below:

  1. Chooses a ski resort.
  2. Indicates a hire period of 1 to 14 days maximum by selecting the first and last day of hire.
  3. Selects the Hire Shop available in the resort and the period indicated previously.
  4. Selects the equipment required by adding his/her chosen categories of equipment to his/her booking.
  5. Selects the services of said shop by adding his/her chosen services to the booking.
  6. Signs in to make an on-line booking, or does an express booking using his/her email address and password or email address only.
  7. Selects his/her payment type (payment in full or part payment), payment method (card, Paypal) then reads the Terms and Conditions of Hire.
  8. After accepting the RTC, proceeds with payment.

Note that options like payment method may vary from shop to shop, and day to day, according to the ski resort and hire period chosen by the Customer.

2.2 - Payment by card or Paypal

Depending on the Hire Shop, if payment is made by card or Paypal, the on-line booking can be made up to 24 hours before the start of the Hire.

The Booking only becomes effective once the Company has received the approval of Paybox Services SAS, which controls payments by card or Paypal.

On receipt of the approval of Paybox Services SAS, an email confirming the Booking is sent to the Customer, with confirmation of the details of the equipment booked, the Hire period and the price, as well as the name and address of the Hire Shop. This confirmation must be printed out and presented by the Customer at the Hire Shop on the first day of the Hire period.

If the card or Paypal payment is refused, the Customer is informed directly of this refusal on the Website. The Company reserves the right to purely and simply cancel the Booking previously recorded.

ARTICLE 3: PRICE OF HIRE

3.1 - Price

The price of the Hire is determined according to the category of equipment booked, the service booked and the Hire period chosen on the basis of the prices applicable for the period selected on the date of the Booking.

The price is inclusive of tax and expressed in Euros; administrative fees are not included in this price.

This price is equivalent to or less than the retail price displayed in the Hire Shop concerned; depending on the shop, Customers of the Website may receive a discount of up to 50% on the applicable retail price for the period selected on the date of the Booking.

Retail prices, discounts and reductions are indicated on the Website and are specific to each Hire Shop.

Any equipment hire arranged directly in a shop and not previously booked on the Website shall be subject to the prices applied by said shop.

Offers made on this Website cannot be combined with any promotional offer whatsoever made outside said website.

3.2 – Payment

For the booking to be accepted, the Customer must make a full or partial payment at the time of Booking.

Full payment covers:

  • The equipment at the price indicated in article 3.1 above.
  • Any promotions deducting or substituting the price indicated in article 3.1 above.
  • Multi-risk ski insurance, where applicable.
  • Services at the price indicated in article 3.1 above.
  • Administrative fees of €3.90 including tax per booking. 

Partial payment covers:

  • Deposit of 30% of the price indicated in article 3.1 above.
  • Multi-risk ski insurance, where applicable.
  • Administrative fees of €3.90 including tax per booking.

The sums due for the Booking are paid:

  • By credit card via a secure transmission system, (only cards with the CB, Visa, Mastercard, Carte Bleue, e-Carte Bleue symbol, issued in France or part of international networks accredited by GIE Cartes Bancaires are accepted), or
  • By Paypal via secure payment.

Transactions are in Euros.

3.3 – Payment of Balance of price

In the event of partial payment, the balance of the price due for the Booking will be paid by the Customer directly to the Hire Shop when picking up the equipment.

Otherwise, the rental shop may refuse the rental without refunding the deposit.

ARTICLE 4: HIRE EQUIPMENT

4.1 - Collection

Hire Equipment is collected from the Hire Shop with which the Booking has been made and confirmed in the Booking email.

Hire Equipment is handed over to the person who made the Booking, under his/her sole responsibility, on presentation of the confirmation email for the Booking.

Hire Equipment can be picked up the day before the first day of hire, from the time indicated by the Hire Shop on the Website (generally 5 p.m.), and subject to availability.

The Hire Shop gives the Customer a hire receipt detailing (i) the equipment hired, (ii) the date of collection, (iii) the equipment and (iv) the scheduled date for the return of the equipment. This receipt is signed by the Customer on receipt of the equipment.

Before the Equipment may be withdrawn, the Shop may require the Customer to show I.D.

The Rental shop may also require a security deposit, which could be a credit card transaction, serving to cover damage, theft, loss, or breakage of the Rental equipment. The amount and terms of the deposit are established by the Rental shop. The Rental shop will return this security deposit to the Customer upon return of the Equipment in proper condition, under the terms of Article 9 below.

The Rental shop must be informed of any delays withdrawing reserved equipment.

If the Equipment is not withdrawn, there will be no refund.

If the Client wants to pick up his equipment with lateness due to the case of force majeure, which he must prove, the store will make its best effort to provide it. It is hereby specified that the Renting Store cannot be held responsible for an absence of availability (force majeure means any event that is beyond the control of the party, unforeseeable and irresistible and as defined by the jurisprudence).

If the Customer has paid in full, the Company shall refund the difference within 30 days, by:

  • Crediting the card used for the transaction.
  • Crediting the Paypal account used for the transaction.

4.2 - Lockers

Customers may lock their equipment in a locker inside or outside the Store, so they don’t have to take it back to their lodgings. 
It is the customer’s responsibility to:

  • make sure the locker is locked when they leave the ski locker room;
  • stow the equipment so that it doesn’t fall out when the locker door is opened;
  • not keep any valuables in the locker; the customer is solely responsible for their valuables and the Store declines any liability for them;
  • leave nothing in the locker when they definitively leave the ski locker room.

The customer remains responsible for the equipment they keep in the ski locker room.
The Rental Store shall not, under any circumstances, be held responsible for any failure of the Customer.

Although every effort is made to protect and secure the ski locker room, the Rental Store declines any responsibility in the event of theft, damage, or forgotten objects.

The Rental Store shall take any legal action they deem necessary, should the equipment they provide to the customer be misused or damaged.
Rates: The service may be free of charge or for a fee. Rates may vary among Stores. 
Public rates and discounts appear on the Web site, and are specific to each Rental Store. While stocks last. See list of participating Stores 

4.3 – Delivery 

With this service, the customer can reserve skiing equipment online and have it delivered directly to the place they’ll be staying.  

The customer can add delivery service to their shopping cart. 
The customer can have their equipment delivered to them, at the address of their choice at the ski resort, on their first day of skiing. 
Offer limited to the number of packs determined by the Store. The Store will inform the Customer of this number when contact is made to agree on the delivery address and time. Nonetheless, if the Store runs out of packs, they will offer the customer a solution, which may be at extra charge.
The customer agrees to provide all the information required for the Store to contact them for delivery details. 
The customer’s mobile phone number is required for this service. 

The Store undertakes to contact the customer to agree on a delivery address and time (at a Sport 2000 ski resort Store, no later than 5:00pm, the day before the customer’s first day of skiing). 
When the Store telephones the customer, they will inform them of any constraints that might apply. Should the customer’s location be beyond the area covered by the Store, the latter will cancel the Delivery service (where applicable, see Article 6 concerning changes to bookings).  
If none of the delivery times proposed by the store suits the customer, or should the customer be unreachable to set up an appointment, the Delivery service will be cancelled. 

Rates: The service may be free of charge or for a fee. Rates may vary among Stores. 
Public rates and discounts appear on the Web site, and are specific to each Rental Store. While stocks last. See list of participating Stores 


4.4 – Click & Collect

Click & Collect is a service whereby the Customer can collect their equipment (without trying anything on) at a specific pick-up point established by the store or at a remote address near the Store. 
The customer agrees to provide all the information needed by the store to prepare the Customer’s order for Click & Collect before the customer arrives. 

The Rental shop must be informed of any delays withdrawing reserved equipment.
If the Equipment is not withdrawn, there will be no refund. (see General Terms of Rental, article 4.1)
Rates: The service may be free of charge or for a fee. Rates may vary among Stores. 
Public rates and discounts appear on the Web site, and are specific to each Rental Store. 
Depending on participating Stores. While stocks last. See list of participating Stores 

4.5 Skip-the-queue

Skip-the-queue is a service enabling the customer to try their equipment, and collect it, without having to queue at the Store. They get priority access to service at the Store. 
The customer agrees to provide all the information needed by the store to prepare the Customer’s order for Skip-the-queue service. 

Rates: The service may be free of charge or for a fee. Rates may vary among Stores. See list of participating Stores 

Public rates and discounts appear on the Web site, and are specific to each Rental Store. Depending on participating Stores. While stocks last. See list of participating Stores

ARTICLE 5: AVAILABILITY

The Hire Equipment will be available in the Hire Shop for the selected period. Therefore, the hire automatically ends on the dates and times indicated on the hire receipt.

The Company cannot be held liable for any failure or delay in the provision of equipment by the Hire Shop concerned.

Hire Shops cannot be held liable for delays in providing Hire Equipment for reasons outside their control or in the event of force majeure. In such a case, the Hire Shop shall endeavour to provide the Customer with equipment of an equivalent or superior quality to that booked, at no extra charge, according to the equipment available in the store.

Any claim concerning Hire Equipment must be sent directly to the Hire Shop, by registered letter with return receipt no later than 3 working days after the end of the Hire period.

ARTICLE 6: CHANGING A BOOKING

Bookings cannot be changed on the Website.

Only our customer services department is authorised to change bookings at the Customer’s request. This can be achieved by sending an email to resa@sport2000.fr with the following details:

  • “Change of booking” in the subject of the email,
  • the booking number and details of the change in the body of the email.

Only Customer requests listed below will be accepted:

  • Addition or removal of equipment and services for the shop where the booking was made.
  • Change in hire period for the shop where the booking was made.
  • Change of shop for the same rental period.

Subject to the following conditions:

  • If the Customer changes his booking and the charges are higher, the difference will be charged at the current rate of the Hire Shop. The Company keeps the initial amount paid. The additional amount will be included in the balance to be paid in the shop.
  • If the amount of the modified reservation is less than the price initially invoiced:
    • If the client paid for 100% of his reservation on line, the difference will be sent to the bank account that was used for the payment within a maximum period of 30 days.
    • If the client only paid the deposit on line, the difference will be deducted from the balance to be paid at the store.
  • If the Customer changes his booking within less than 48 hours before the start of Hire, this change is equivalent to the cancellation of the current booking governed by the provisions set out in Article 7 below.

ARTICLE 7: CANCELLING A BOOKING

7.1 – Right of withdrawal

The Client has a right of withdrawal; he can cancel the Rental of the equipment as long as he does so within a period of 14 calendar days as of the receipt of the Reservation confirmation E-mail, by sending a request for withdrawal :

  • by mail at the following address : Sport 2000 – Route d’Ollainville – 91520 EGLY – France,
  • or by email to resa@sport2000.fr.
  • or by using the retraction template in the appendix.

The Company will return the amount paid from the reservation received by bank transfer to the bank account used for the reservation within a maximum period of 14 days following the request for withdrawal.

If the Customer withdraws the reserved equipment from the Rental Shop before the expiration of the 14-day “Cooling off” period, the right of retraction will no longer apply.

Beyond this period of 14 days, the Client can cancel a reservation under the conditions stipulated below.

Similarly, if the Customer chooses a withdrawal date before the end of the 14-day “Cooling off period”, and fails to pick up the equipment on the planned date, the right of retraction shall no longer apply. The booking will then be cancelled under the conditions stated below.

7.2 – Cancellation before collection of equipment

Cancelling a booking cannot be done on the Website.

Only our customer services department is authorised to cancel bookings at the Customer’s request. This can be achieved by sending an email to resa@sport2000.fr with the following details:

  • “Cancellation of booking” in the subject of the email,
  • the booking number and reason for cancellation in the body of the email.

The cancellation is subject to the conditions set out in the table below:

Details of cancellation  The Company retains  The Company refunds to the customer
If the Client cancels his reservation after his withdrawal period (14 days) and more than 30 days before the start of the rental  Administrative fees of €3.90 inc tax  The balance of the amount paid within 30 days maximum
If after the withdrawal period (14 days) the Customer cancels his booking between 30 days and 7 days before the start of the Hire Administrative fees of €3.90 in tax
9% of the Hire Equipment amount
The balance of the amount paid within 30 days maximum
If after the withdrawal period (14 days) the Customer cancels his booking between 6 and 3 days before the start of the Hire Administrative fees of €3.90 inc tax
15% of the Hire Equipment amount
The balance of the amount paid within 30 days maximum
If the Customer cancels his booking less than 3 days before the start of the Hire Administrative fees of €3.90 inc tax
30% of the Hire Equipment amount
The balance of the amount paid within 30 days maximum in event of payment in full

 

Nevertheless, if the cancellation is the consequence of a case of force majeure (force majeure means any event that is beyond the control of the party, unforeseeable, and irresistible) suffered by the Client, which he must prove, the Company will retain the processing fee of 3.90€ including VAT and will reimburse the remainder of the amount paid by the Client within a maximum period of 30 days.

When the Customer receives a refund for a cancelled booking, this refund shall be paid by: 

  • Crediting the card used for the transaction.
  • Crediting the Paypal account used for the transaction.

7.3 – Cancellation after collection of equipment

Cancellation is no longer possible after the Customer has collected the Equipment from the shop. The Customer cannot claim any refund of the sums paid when booking.

7.4 – FAILURE TO WITHDRAW THE EQUIPMENT

If the customer does not withdraw the equipment, the Company will withhold €3.90 (incl. V.A.T.) plus 30% of the Equipment rental fee.

Any claims about this must be made within no more than two months of the first day of skiing.

7.5 - HEALTH CRISIS - COVID19

You'll get 100%* of your booking refund if you’re unable to ski due to the current health situation.   

You have up to 48 hours before your first day of skiing to cancel for the following reasons**: 

  • You or a member of your group is required to self-isolate***
  • You are in an area subject to a travel restriction (travel ban or quarantine)****
  • The resort you’re going to is subject to a travel restriction during your intended stay.
  • Your flight or train has been cancelled due to Covid-19****
  • Your accommodation can’t take you due to Covid-19****
  • The resort you’re going to has closed its ski lifts for an indefinite period due to Covid-19

Our Sport 2000 shops will be open throughout the winter in accordance with applicable health standards. Our teams are working hard to protect you and prevent the spread of Covid-19. We ask our customers to observe social distancing in our Sport 2000 shops.  

*In the event of cancellation, Sport 2000 will refund the full amount of the payment made online (including the fee of €3.90).
**Sport 2000 will make every effort to adapt to new restrictions given any changes in the situation. 
 ***To cancel on this basis, you must provide an applicable medical certificate covering all or part of the period concerned. 
 ****On presentation of a supporting document. 

ARTICLE 8: HIRE PERIOD

The Hire period is as indicated on the Booking.

A day starts at 9 a.m. and ends at 6 p.m.

This period cannot be amended without the agreement of the Hire Shop.

ARTICLE 9: USE/RESPONSIBILITY/RETURN

Hire Equipment can only be adjusted by the Hire Shop.

The Customer assumes full responsibility for the Hire Equipment once he picks it up and until it is returned in full.

Equipment is deemed to be in good condition and fit for normal use and must be returned as such.

If the Customer has any reservations about the initial state of the Rental equipment, said reservations must be made in the store upon withdrawal of the Equipment, and duly marked on the rental slip. Failing this, no claims will be accepted subsequently.

At the end of the hire period indicated on the hire receipt, if the equipment is not returned on the date and at the time indicated, the Customer shall remain solely responsible for the Equipment in his possession until it is returned.

The Hire Equipment is returned at the end of the day of the period indicated in the hire receipt or the following day before 10 a.m. For any late return after 10 a.m. the following day, the Hire Shop may charge an additional day of hire per day of delay, at the price indicated in the shop.

Loss, theft or breakage of the Equipment may be managed directly at the Shop.

If equipment is not returned, appropriate proceedings may be implemented, with the associated costs being paid by the Customer. The Rental shop will charge the Customer the tax-inclusive retail price of the Equipment, less depreciation for normal wear and tear.
If the Customer was required to pay a security deposit, the Shop will withhold the deposit accordingly.

The Customer has the option to arrange cover for the risk of theft and breakage of the Hire Equipment, as well as the risk of holiday cancellation or interruption, by taking out multi-risk ski insurance (article 10 below).

The Customer remains liable for any damage to Hire Equipment, with the exception of normal wear or hidden defects. For any other damage, the Customer shall be liable for the payment of the repair or replacement costs of said Equipment, up to a maximum of the replacement as new value based on current retail prices, in addition to the price of the hire. The Customer undertakes to pay these costs on the return of the Hire Equipment, if applicable by charging against the deposit indicated in article 4 of these RTC. Any repair is carried out exclusively by the Hire Shop.

ARTICLE 10: MULTIRISK SKI INSURANCE

The Customer has the option to arrange cover for the risk of robbery or damage of the Hire Equipment, as well as the risk of holiday cancellation or interruption, by taking our multi risk ski insurance.

ARTICLE 11: PERSONAL INFORMATION

All personal information collected from Customers is required to handle their bookings.

In accordance with act no. 78-17 of 6 January 1978, as amended by act 2004-801 of 6 August 2004, Customers have a right to access, correct and suppress information held about them as set out in the "Terms and Conditions of Use" of this Website.

ARTICLE 12: INTELLECTUAL PROPERTY

The contents of this website, including graphics, images, text, logos and the formatting thereof, is the exclusive property of the Company, with the exception of marks, logos or contents belonging to other partner companies.

Any total or partial display of this website by any means whatsoever, without the express permission of the Company, is prohibited and shall constitute an infringement of intellectual property rights penalised by the intellectual property code.

Any total or partial reproduction of the marks or logos of the Company or its partners using the elements of this website, without the express permission of the Company or the owner of the logo or mark, is prohibited in accordance with the provisions of the intellectual property code.

ARTICLE 13: SEVERABILITY

If any clause of these RentalTerms and Conditions is held to be invalid, unlawful or inapplicable, this shall not affect the validity of the other clauses.

ARTICLE 14 : COMPLAINTS

In the event of a complaint, Customers should contact the Consumer Department:

  • By post at the following address: Sport 2000 – Route d’Ollainville – 91520 EGLY – France
  • By e-mail at: contact@sport2000.fr.

TRADE MEDIATOR

If the Customer disputes this charge and has not received satisfaction (i.e. their claim was refused or went unanswered for at least one month), the Customer may bring the matter free of charge before the Médiateur du Commerce Coopératif et Associé (the Trade mediator), who is legally competent for any dispute concerning a a sales or service contract covered by the present General Terms.

The mediator may be contacted at the following postal address: Médiateur du Commerce Coopératif et Associé – FCA - 77 rue de Lourmel – 75015 Paris, or via their website www.mcca-mediation.fr, which contains the Mediation Charter and explains which documents to provide.

In application of Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer is informed that they may submit the matter to the Online Dispute Resolution (ODR) Platform provided by the European Commission via the following link. https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR  

The customer may also email the Company at: contact@sport2000.fr

ARTICLE 15: DISPUTES/GOVERNING LAW

These RTC are governed by the laws of France.

APPENDIX: RETRACTION TEMPLATE

To: Sport 2000 France

I/We (*) hereby notify Sport 2000 France that I/We (*) are withdrawing from the service contract below:

  • Name(s) and reference number(s) of reserved article(s):
  • Booking date:
  • Booking number:
  • Ski resort:
  • Name of rental shop:
  • Name of customer who made the reservation:
  • Address of customer who made the reservation:

Customer’s signature (only if the present notification is on paper):

Date:

(*) Delete as appropriate.

Notification address:

SPORT 2000 – Route d’Ollainville – 91540 Égly France

serviceclient@sport2000.fr.


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 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.

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.

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