T&C’s for the Soul Rider Advantage Card
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- T&C’s for the Soul Rider Advantage Card
HOW TO CONTACT OUR ASSISTANCE DEPARTMENT MUTUAIDE ASSISTANCE
126, rue de la Piazza – CS 20010 – 93196 Noisy le Grand CEDEX FRANCE
7 days a week – 24 hours a day
• by telephone from France: 01.45.16.77.79
(Non-premium rate call, cost depending on operator, call likely to be recorded)
• by telephone outside France: 33.1.45.16.77.79 preceded by the local code for access to the
international network
(Non-premium rate call, cost depending on operator, call likely to be recorded)
• by fax: 01.45.16.63.92
• by email:
Motorcycle Assistance: mobility@mutuaide.fr Travel Assistance: voyage@mutuaide.fr
So that we can assist you in the best possible conditions, remember to gather the following information before you place your call:
- Your policy number (8622),
- Your surname and first name,
- Your home address,
- The country, city or locality you are in at the time of the call,
- Specify the exact address (number, street, hotel if applicable, etc.),
- The telephone number where we can reach you,
- The nature of your problem.
During the first call, you will be provided with a assistance case number. Always mention this case number in all subsequent relations with our Assistance Department.
The languages of communication with our Assistance Department are as follows: French, English, Spanish.
INFORMATION NOTICE FOR THE FIM ADVANTAGE “SOUL” CARD POLICY
HOW TO CONTACT OUR INSURANCE DEPARTMENT MUTUAIDE – Insurance Department
TSA 20001 – 93196 NOISY LE GRAND CEDEX FRANCE
Monday to Friday from 9. a.m. to 6 p.m.
• by telephone from France: 01.45.16.77.79
(Non-premium rate call, cost depending on operator, call likely to be recorded)
• by telephone from abroad: 33.1.45.16.77.79 preceded by the local code for access to the
international network
(Non-premium rate call, cost depending on operator, call likely to be recorded)
• by email: gestion-assurance@mutuaide.fr
Remember to gather the following information that will be requested during your call:
- Your policy number (8622),
- Your surname and first name,
- Your home address,
- The telephone number where we can reach you,
- The reason for your declaration.
During the first call, you will be provided with an assistance case number. Always mention this case number in all subsequent relations with our Assistance Department.
The languages of communication with our Insurance Department are as follows: French, English, Spanish.
* by 2nd class train or economy class airline
** to the extent that the cost of repatriation is less than the market value of the vehicle. Otherwise, repatriation may be carried out subject to payment of the difference by the beneficiary
TABLE OF COVER
MOTORCYCLE ASSISTANCE
ASSISTANCE COVER
UPPER LIMIT
- – Troubleshooting / Towing in your country of residence (A)
- – Troubleshooting / Towing outside your country of
residence (B) - – Temporary accommodation (C)
- – Repatriation to home (D)
- – Vehicle recovery (E)
- – Repatriation of the vehicle Abroad (less than 6 years old)** (F)
(A) €350 (B) €350
(C) €80 per night / Maximum 3 nights (D) Transport ticket*
(E) One-way ticket * (F) **€5,000
(F1) **€3,000
(G) Actual costs
- – Repatriation of the vehicle Abroad (over 6 years old)** (F1)
- – Abandonment of the vehicle Abroad (G)
* by 2nd class train or economy class airline
TRAVEL ASSISTANCE
ASSISTANCE COVER
UPPER LIMIT
- – Medical information before travel (A)
- – Repatriation or medical transport (B)
- – Repatriation of the accompanying person (C)
- – Repatriation of body (D)
- – Medical expenses outside the country of residence Inadditiontosocialsecuritybodiesorany
personal insurance (E1)
Intheabsenceofsocialsecuritybodiesorany
personal insurance (E2)
(A) Actual costs (B) Actual costs
(C) Return ticket * (D) Actual costs
(E1) €150,000 (E2) €50,000
- – Visit of a relative (F)
- – Early return (H)
- – Shipment of medicines abroad(H)
- – Shipment of prostheses abroad (I)
- – Hotel costs following quarantine (D)
- – Return not possible (K)
- – Official Papers (L)
(F) Round trip ticket *+
Hotel costs €80 per night / Max 5 nights
(G) Return ticket * (H) Shipping costs (I) Shipping costs
(J) Hotel costs €80 per night / Max 7 nights
(K) €1,000
(L) Information Service
INSURANCE COVER
UPPER LIMIT
INDIVIDUAL ACCIDENT
(a1) €30,000 (a2) €30,000
Accidental death (a1)
✓ Total permanent disability following an accident greater than 55% (a2)
✓ Maximumperevent(a3)
(a3) €300,000
We, the Insurer
SOLID Assurances, Swiss Branch, Rte de la Fonderie 2, 1700 Fribourg.
The Insurer has delegated the management of assistance and insurance cover to: MUTUAIDE ASSISTANCE – 126, rue de la Piazza – CS 20010 – 93196 Noisy le Grand CEDEX FRANCE. Public limited company (SA) with share capital of €13,401,270 – Company governed by the French Insurance Code – Subject to the supervision of the Autorité de Contrôle Prudentiel de Résolution – 4 Place de Budapest, CS 92459, 75436 Paris Cedex 09 – Bobigny Trade and Companies Register no. 383 974 086 – VAT FR 31 383 974 086.
Accident
Any property damage suffered by the covered Vehicle.
Beneficiaries
The persons, referred to as “you”, who hold the FIM Advantage “SOUL” Card
Injury
Sudden alteration of health resulting from the sudden action of an external cause which is unintentional on the part of the victim as determined by a competent medical authority
Definition of Motorcycle assistance
Motorcycle assistance includes all the services implemented following the downtime or deprivation of the covered vehicle, following a covered event.
Definition of travel assistance
Travel assistance includes all the services provided in the event of a covered event, during a covered trip.
Covered trips
Any trip undertaken more than 100 km from your home with the insured vehicle, including at least one night’s accommodation.
Business trips are excluded.
Home
The principal place of residence of the Insured worldwide. In the event of a dispute, the tax address constitutes the home.
Break-in
Any forcing, breakage, damage, demolition and removal of the elements used to lock the vehicle.
Epidemic
Abnormally high incidence of a disease during a given period and in a given region.
Abroad
Any country outside your country of residence.
Covered events
For Motorcycle assistance cover: accident, breakdown, theft, vandalism of the covered vehicle For travel assistance cover: illness, injury or death of the Beneficiary
For the insurance cover: individual accident
ARTICLE 1 – DEFINITIONS AND SCOPE
Performance of the services
The services covered by this agreement may only be triggered with the prior agreement of MUTUAIDE ASSISTANCE. Consequently, no expenditure incurred under the Beneficiaries’ authority may be reimbursed by MUTUAIDE ASSISTANCE.
Deductible for intervention
100 km from the home.
Vehicle Downtime
The Downtime of the vehicle starts from the moment it is dropped off at the repair garage closest to the incident location. The duration of the Downtime shall be indicated by the repairer as soon as the Vehicle is handed over or, where applicable, on the basis of an expert assessment. It ends when the work is completed.
Illness
Sudden and unpredictable alteration of health certified by a competent medical authority.
Family members
Your legal or de facto spouse or any person linked to you by a Civil Union, your ascendants or descendants or those of your spouse, your father-in-law, mother-in-law, brothers, sisters, including the children of the spouse or cohabiting partner of one of your direct ascendants, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, or those of your spouse. They must be domiciled in the same country as you unless contractually stipulated otherwise.
We organise
We take the necessary steps to give you access to the service.
We take care of
We finance the service.
Invalidity
Any fraud, falsification, false statements or false testimony likely to invoke the cover provided for in the agreement shall nullify our commitments and result in forfeiture of the rights provided for in the said agreement.
Pandemic
Epidemic that spreads over a vast territory, exceeding borders and qualified as a Pandemic by the World Health Organization (WHO) and/or by the competent local public authorities of the country where the loss occurred.
Breakdown
Any unforeseeable incident of mechanical, electrical, electronic or hydraulic origin, sidelining the Vehicle, making it impossible for the Driver to use it under normal safety conditions.
Quarantine
Isolation of the person, in the event of suspicion of illness or proven illness, decided by a local competent authority, in order to avoid a risk of the disease spreading in the context of an epidemic or pandemic.
Territoriality
Entire world.
Vandalism
Property damage caused without any motive other than the desire to damage or destroy.
Covered vehicles
Any 2-wheeled or 3-wheeled land motor vehicle (sidecar or trike) ridden by the Beneficiary.
Theft
Fraudulent removal of the Vehicle committed by Break-in or following an act of violence.
The covered vehicle is inoperative following a covered event. We intervene under the following conditions:
REPAIR / TOWING IN YOUR COUNTRY OF RESIDENCE
The vehicle is inoperative in your country of residence following a covered event. We organise and pay for the repairer’s travel if the vehicle can be repaired at the event venue, and if necessary towing to the nearest dealer or garage where the vehicle is inoperative.
The costs of repair or towing are covered up to the amount indicated in the Table of Cover.
Repairs or towing on motorways, ring-roads and expressways may be reimbursed, subject to a telephone call to
the Assistance Department within 48 hours of the event and upon presentation of the original paid invoice.
The cost of repairing the vehicle remains your responsibility.
The services under this cover are organised and paid for by our Assistance Department in countries not crossed out as shown on the international insurance card (green card). The services under this cover are reimbursed when they take place in other countries, subject to a prior call to our Assistance Department.
REPAIR / TOWING OUTSIDE YOUR COUNTRY OF RESIDENCE
The vehicle is inoperative outside your country of residence following a covered event. We organise and pay for the repairer’s travel if the vehicle can be repaired at the event venue, and if necessary towing to the nearest dealer or garage where the vehicle is inoperative.
The costs of repair or towing are covered up to the amount indicated in the Table of Cover.
Repairs or towing on motorways, ring-roads and expressways may be reimbursed, subject to a telephone call to
the Assistance Department within 48 hours of the event and upon presentation of the original paid invoice.
The cost of repairing the vehicle remains your responsibility.
The services under this cover are organised and paid for by our Assistance Department in countries not crossed out as shown on the international insurance card (green card). The services under this cover are reimbursed when they take place in other countries, subject to a prior call to our Assistance Department.
ARTICLE 2 – DESCRIPTION OF MOTORCYCLE ASSISTANCE COVER
TEMPORARY ACCOMMODATION
The vehicle is inoperative for a period of less than 72 hours following a covered event. We organise and cover, up to the amount indicated in the Table of Cover, your temporary accommodation pending repairs to the vehicle in an establishment close to the place where your vehicle is inoperative.
You are responsible for paying your own catering costs.
The “Temporary accommodation” cover cannot be combined with the “Repatriation to home” cover.
REPATRIATION TO HOME
The vehicle is inoperative following a covered event and cannot be repaired within 72 hours.
We organise and pay for your return home, by appropriate means of transport and depending on local availability, on the basis of a 2nd class train ticket or economy class airfare.
The “Repatriation to home” cover cannot be combined with the “Temporary accommodation” cover.
VEHICLE RECOVERY
The vehicle is repaired following a covered event, or found in working order following theft.
To enable you to collect it, we make available or reimburse you (or the person designated by you) a one-way ticket by 2nd class train or economy class plane.
You are responsible for paying ancillary costs such as energy source (fuel, electricity, LPG, etc.), hotel, catering, tolls and parking for the return of the repaired vehicle.
The “Vehicle Recovery” cover cannot be combined with the “Repatriation of the vehicle Abroad” cover. REPATRIATION OF THE VEHICLE ABROAD
The vehicle is inoperative abroad for a period of more than 3 days, following a covered event. We organise and cover the cost of repatriating the vehicle to the garage designated by you and close to home for vehicles under six years old.
Exceptionally for vehicles over six years old, in the event that the vehicle is repairable (confirmed by quotation from a garage), we will be able to repatriate it up to the amount indicated in the table of cover.
This repatriation can only be carried out if its cost is less than the market value of the vehicle in your country of residence, according to an expert, in the condition in which it is at the time of the request.
However, in the event that the cost of repatriating the vehicle proves to be greater than the market value of the vehicle as defined above and insofar as you bear the amount corresponding to the difference between its 2 amounts, we undertake to repatriate the vehicle
We cannot be held liable for any delays that may occur in the repatriation of the vehicle and that are not attributable to us.
We are not liable for the theft of objects or accessories inside or outside the vehicle to be repatriated.
We cannot be held liable for any damage, vandalism, theft of objects or accessories occurring during the downtime and/or transport of the vehicle.
In the event of damage, the observations must be made between the garage in charge of receiving the vehicle and the carrier at the time of delivery. You must without fail inform us of the damage, by registered letter, within 3 days of the date of delivery of the vehicle.
The “Vehicle Recovery” cover cannot be combined with the “Repatriation of the vehicle Abroad” cover.
The services under this cover are organised and paid for by our Assistance Department in countries not crossed out as shown on the international insurance card (green card). The services under this cover are reimbursed when they take place in other countries, subject to a prior call to our Assistance Department.
ABANDONMENT OF THE VEHICLE ABROAD
The vehicle is declared wrecked following a covered event. We carry out the necessary formalities and bear the vehicle abandonment costs as well as customs duties.
The following do not give rise to our intervention:
- ♦ Vehicles used to transport people or goods against payment,
- ♦ Vehicles carrying flammable or explosive goods, if the regulations provided for this type of activity have
not been complied with, - ♦ Events occurring on a non-covered vehicle,
- ♦ The costs required to salvage the goods transported in the insured vehicle,
- ♦ Consequences of damage to vehicles during maritime transport,
- ♦ Spare parts, repair costs,
- ♦ Customs duties, tolls, parking fees, energy costs (fuel, electricity, LPG, etc.), catering and hotel costs,
except those specified in the cover text, - ♦ Fines,
- ♦ The consequences of a mechanical breakdown affecting a vehicle whose repairs qualified as mandatory by the technical inspection have not been carried out, or whose lack of maintenance is obvious, or which is affected by a mechanical failure known at the time of departure,
ARTICLE 3 – MOTORCYCLE ASSISTANCE EXCLUSIONS
- ♦ The consequences of sidelining the vehicle to carry out maintenance, inspection or overhaul operations,
- ♦ Costs and interventions resulting from an energy source failure (fuel, electricity, LPG, etc.), an energy source error (fuel, electricity, LPG, etc.), a battery failure,
- ♦ Loss, theft or breakage of keys,
- ♦ Theft of luggage, equipment, goods and miscellaneous objects left in the vehicle as well as removable
accessories left on the vehicle (mobile phone, GPS in particular) - ♦ Downtime due to frost,
- ♦ Damage resulting from participation as a competitor in any motorised or non-motorised competition
event (race, rally), with a ranking based on a notion of speed or performance or training with a view to participating in these competitions, excluding participation in events with a ranking based on the regularity of tourist rallies such as those organised by FIM Touring, - ♦ Damage resulting from wilful non-compliance with the regulations of the countries visited or the practice of activities not authorised by the local authorities,
- ♦ The consequences of civil or foreign war, riots, acts of terrorism, strikes, piracy, explosions of nuclear or radioactive devices and effects, climatic events such as storms, hurricanes and floods.
You are ill, injured, or die during a covered trip. We intervene under the following conditions:
INFORMATION BEFORE DEPARTURE ON THE TRIP
For any request for information useful for the organisation and smooth running of your trip, you can contact us before your trip 24 hours a day; 7 days a week.
The information relates to the following areas.
Health information: Health, Hygiene, Vaccination, Precautions to be taken, Main Hospital Centres, Advice for women, Time difference, Travelling animals.
The information is provided by telephone and is not confirmed in writing or sent documents.
The information services are provided between 8 a.m. and 7 p.m. and within the time periods normally necessary to satisfy the request.
However, regardless of the time of the call, we welcome and note your requests as well as your contact details in order to call you back to provide you with the expected answers.
REPATRIATION OR MEDICAL TRANSPORT
You are ill or injured during a covered trip, including in the context of an epidemic or pandemic. We will organise and pay for your repatriation to your home or to a hospital close to you.
Only medical requirements are taken into account when determining the date of repatriation, the choice of the means of transport or the place of hospitalisation.
ARTICLE 4 – DESCRIPTION OF TRAVEL ASSISTANCE COVER
The repatriation decision is taken by our medical advisor, after consulting the attending doctor and possibly the family doctor.
During your repatriation, and on the recommendation of our medical advisor, we will organise and pay for the transport of a companion by your side.
Any refusal of the solution proposed by our medical team will result in the cancellation of the travel assistance cover.
REPATRIATION OF THE ACCOMPANYING PERSON
You are medically repatriated, or you die during a covered trip.
If he/she cannot return by the means initially planned, we organise and pay for transport to the home of an insured person accompanying you when the event occurs, by 2nd class train or economy class airline.
REPATRIATION OF BODY
You die during a covered trip. We organise the repatriation of your body to the place of the funeral in your country of residence.
In this context, we take care of:
Thecostsoftransportingthebody,
Costsrelatedtoconservationcareimposedbyapplicablelegislation,
The costs directly required by the transport of the body (handling, specific arrangements for transport, packaging).
MEDICAL EXPENSES OUTSIDE THE COUNTRY OF RESIDENCE
When medical expenses (including in the event of illness linked to an epidemic or pandemic) have been incurred with our prior agreement, we will reimburse you for the portion of these expenses that has not been covered by any insurance organisations to which you are affiliated.
We only intervene once the reimbursements have been made by the aforementioned insurance companies, and subject to the communication of the original proof of reimbursement from your insurance company.
This reimbursement covers the expenses defined below, provided they relate to care received by you outside your country of residence as a result of an illness or accident occurring outside your country of residence. In this case, we reimburse the amount of expenses incurred up to a maximum amount of €300,000.
In the event that the insurance company to which you pay contributions does not cover the medical expenses incurred, we will reimburse the expenses incurred up to the amount indicated in the Table of Cover, subject to communication by you of the original invoices for medical expenses and the certificate of non-payment issued by the insurance company.
This benefit ceases from the date on which we are able to carry out your repatriation.
Nature of expenses eligible for reimbursement (subject to prior agreement):
- medical fees,
- costs of medicines prescribed by a doctor or surgeon,
- costsofanambulanceprescribedbyadoctorfortransporttothenearesthospitalandonlyintheevent
of refusal of cover by insurance companies, - hospitalisation expenses provided that you are deemed untransportable by decision of the Assistance
doctors, made after obtaining information from the local doctor (hospitalisation expenses incurred from the day on which we are able to carry out your repatriation are not covered),
In the event that you do not have any social security organisation or personal insurance in your country of residence, we will cover your medical expenses up to 1st euro, under the conditions described above and within the limit indicated in the Table of Cover.
EXTENSION OF THE BENEFIT: ADVANCE OF HOSPITALISATION EXPENSES OUTSIDE THE COUNTRY OF RESIDENCE
We may, within the limit of the amounts of cover provided for above, advance the hospitalisation expenses that you must incur outside your country of residence, under the following cumulative conditions:- the doctors of MUTUAIDE ASSISTANCE must judge, after consulting with the local doctor, that it is impossible to immediately repatriate you to your country of residence.
- the care to which the advance applies must be prescribed in agreement with the doctors of MUTUAIDE ASSISTANCE.
- you or any person authorised by you must formally undertake by signing a specific document, provided by MUTUAIDE ASSISTANCE during the implementation of this benefit:
to initiate the procedures to cover the costs through the insurance companies within 15 days of the date on which MUTUAIDE ASSISTANCE sends the information necessary for these procedures,
reimburseMUTUAIDEASSISTANCEthesumsreceivedinthisrespectfromtheinsurance companies within one week of receipt of these sums.
The costs not covered by the insurance companies shall be borne solely by us, and within the limit of the amount of cover provided for the “medical expenses” benefit. You must provide us with the certificate of non-payment issued by these insurance companies, within one week of receipt.
In order to preserve our future rights, we reserve the right to ask you or your beneficiaries for a letter of commitment committing you to take the necessary steps with the social security bodies and reimburse us for the sums received.
If you fail to complete the payment procedures with the insurance companies within the deadlines, or if you fail to present to MUTUAIDE ASSISTANCE the certificate of non-payment issued by these insurance companies within the deadlines, you may not under any circumstances avail yourself of the “medical expenses” benefit and must reimburse all hospitalisation expenses advanced by MUTUAIDE ASSISTANCE, which will, where applicable, initiate any useful recovery procedure, the cost of which will be borne by you.
In the event that you do not have any social security organisation or personal insurance in your country of residence, we will advance your medical expenses up to 1st euro, under the conditions described above and within the limit indicated in the Table of Cover.
VISIT OF A RELATIVE
You are hospitalised on site by decision of our medical team, before your medical repatriation, for a period of more than 10 days. We organise and pay for the return transport by 2nd class train or economy class airline, of a member of your family residing in the same country as you, as well as his/her living expenses (room, breakfast) so that he/she can come to your bedside.
We will cover his/her accommodation up to the amount indicated in the Table of Cover.
Costs of meals or other expenses shall in all cases be borne by this person.
This cover cannot be combined with the “Repatriation of the accompanying person” cover.
EARLY RETURN
If you have to stop your trip prematurely in the event of the death of a family member, we cover your additional transport costs as well as those of the person accompanying you for your return home, based on a ticket by 2nd class train or economy class airline.
SHIPMENT OF MEDICINES ABROAD
During a covered trip outside your country of residence, you are deprived of medicines essential for your health, following a loss or theft. We cover the cost of finding and transporting these medicines, in the event that these medicines or their equivalents recommended by MUTUAIDE ASSISTANCE’s doctors are not found on site (subject to obtaining from you the contact details of your general practitioner).
We handle the shipment of medicines by the fastest means, subject to local and French legal constraints.
You will be responsible for customs duties and the cost of purchasing the medicines. SHIPMENT OF PROSTHESES ABROAD
During a covered trip outside your country of residence, you are unable to obtain the glasses, corrective lenses or hearing aids that you usually wear, following their breakage or loss. We will pay for the delivery of these prostheses (provided that we obtain from you the complete characteristics of the prostheses and the contact details of your usual ophthalmologist or prosthetist)
We pay for the shipment of prostheses by the fastest means, subject to local and French legal constraints.
You will be responsible for customs duties as well as for the design of the glasses, lenses or hearing aids.
HOTEL COSTS FOLLOWING QUARANTINE
If you are obliged to extend your stay following your quarantine, we organise and pay the hotel costs (room and breakfast) as well as those of the person accompanying you, up to the amount indicated in the Table of Cover.
RETURN NOT POSSIBLE
Your flight has been cancelled due to measures restricting the movement of populations in the event of an epidemic or pandemic by the local government or airlines.
We organise and pay for your repatriation to your home, depending on local availability, within the limit indicated in the Table of Cover.
OFFICIAL DOCUMENTS
During a covered trip outside your country of residence, your official documents (passports, national identity card, etc.) have been lost or stolen.
By calling our department, we will inform you of the steps to be taken (filing a complaint, renewal of documents, etc.).
The information provided is the documentary information referred to in Article 66.1 of the amended law of 31 December 1971. This does not constitute legal consultation.
The following do not give rise to our intervention:
♦ Tripsundertakenforthepurposeofdiagnosisand/ortreatment,
♦ Medicalandhospitalisationexpensesinthecountryofresidence,
♦ Drunkenness,suicideorattemptedsuicideandtheirconsequences,
♦ AnyvoluntarymutilationoftheBeneficiary,
♦ Benignconditionsorinjuriesthatcanbetreatedonsiteand/orthatdonotpreventtheBeneficiaryfrom
continuing his/her trip,
♦ Conditions of pregnancy, unless an unforeseeable complication arises, and in any case, conditions of
pregnancy beyond the 36th week, voluntary termination of pregnancy, and consequences of
childbirth,
♦ Convalescence and conditions under treatment, not yet consolidated and presenting a risk of serious
deterioration,
♦ Previously established illnesses that have led to hospitalisation in the 6 months preceding the date of
departure for travel,
♦ Eventsrelatedtomedicaltreatmentorsurgerythatarenotunforeseen,unexpectedoraccidental,
♦ Prosthesiscosts:optical,dental,hearing,functional,etc.
♦ Theconsequencesofinfectiousrisksituationsinanepidemiccontextthataresubjecttoquarantineor
preventive measures or specific monitoring by the international and/or local health authorities of the
country in which you are staying and/or the national health authorities of your country of origin. ♦ Thecostsofspatreatments,cosmetictreatments,vaccinationsandtheresultingcosts,
♦ Staysinanursinghomeandtheresultingcosts,
ARTICLE 5 – TRAVEL ASSISTANCE EXCLUSIONS
♦ Rehabilitation,physiotherapy,chiropractictreatmentandtheresultingcosts, ♦ Plannedhospitalisations.
INDIVIDUAL ACCIDENT
1. SPECIFIC DEFINITIONS
Beneficiary(ies)
The person or persons who receive from the Insurer the sums due in respect of a claim.
In the event of the death of the Insured, unless another person has been designated by the Insured, the sum provided for is paid:
– if the INSURED is married: his/her spouse who is not legally separated or divorced, failing which his/her children born or to be born, living or represented, failing which his/her heirs,
– if the INSURED is a signatory to a PACS (civil union) or equivalent, his/her partner, failing which his/her heirs, – if the INSURED is widowed or divorced: his/her children or his/her heirs,
– if the INSURED is single: his/her heirs.
In all other cases, the other sums are paid to the Insured who is the victim of the accident.
Excluded from the Cover is any person who intentionally caused or provoked the loss.
Accident
Any bodily injury during participation in a leisure activity excluding the exclusions defined in Article 3, unintentional on the part of the victim and resulting from the sudden action of an external cause.
By extension to this definition, the pathological manifestations that would be the direct consequence of this bodily injury are covered.
The following are considered to be accidents:
– injuries caused by fire, steam jets, acids and corrosives, lightning and electric current;
– asphyxia by immersion and asphyxia by unexpected absorption of gases or vapours;
– the consequences of poisoning and bodily injury due to the unintentional absorption of toxic or corrosive substances;
– cases of insolation, congestion and freezing following shipwrecks, forced landings, crashes, avalanches, floods or any other accidental events;
– the direct consequences of animal bites or insect stings, excluding diseases (such as malaria and sleeping sickness), the primary origin of which may be linked to such bites or stings;
– bodily injury resulting from assaults or attacks of which the Insured is a victim, unless it is proven that he/she has taken an active part as the perpetrator or instigator of these events;
– the physiological consequences of surgical operations, provided that they were necessitated by an accident included in the cover.
– heart attacks and strokes.
Illness
Any alteration in health observed by a competent medical authority.
Permanent Disability
Presumed definitive impairment of the Insured’s physical capacities.
Its importance is quantified by a rate determined by reference to the following scale. The rate is established following a medical examination.
ARTICLE 6 – DESCRIPTION OF INSURANCE COVER
2. PURPOSE OF THE INSURANCE
The purpose of the policy is to cover the payment of the indemnities defined below, which are provided for and whose amount is set out in the Table of Cover, in the event of a bodily accident that may affect the Insured.
3. EXCLUSIONS
- ♦ Accidents caused or provoked intentionally by the Insured, the consequences of his/her suicide or
attempted suicide, as well as accidents caused by the use of drugs or narcotics not prescribed by a
doctor. - ♦ Accidents occurring when the Insured is a driver of a vehicle and his/her blood alcohol level is higher
than that legally permitted in the country where the accident takes place. - ♦ Accidents resulting from the Insured’s participation in a fight (except in cases of self-defence or
assistance to a person in danger), a duel, an offence or a criminal act. - ♦ Accidents occurring during the use as a pilot or crew member of an aircraft allowing movement in the
air or during the practice of sports carried out with or from such aircraft. - ♦ Accidents caused by war, civil or foreign, declared or undeclared.
- ♦ Accidents due to ionising radiation emitted by nuclear fuels or by radioactive products or waste, or
caused by weapons or devices intended to explode by altering the structure of the nucleus of the atom.
55% 40% 100% 40% 8% 3% 100% 25%
60% 10%
100%
RIGHT
LEFT
Complete loss:
of the arm
of the forearm or hand
of the thumb
of the index finger
of the middle finger
of the ring finger
of the little finger
of the thigh
of the leg
of 2 limbs
of the foot
of the big toe
of the other toes
of both eyes
of visual acuity or of one eye
Complete, incurable deafness that cannot be fitted with hearing aids
Complete, incurable deafness in one ear that cannot be fitted with hearing aids
Total and incurable mental insanity
70% 60% 20% 12% 6% 5% 4%
60% 50% 17% 10% 5% 4% 3%
4. NATURE OF THE INDEMNITIES
DEATH
If, within a maximum period of 24 months from the date of the accident of which the Insured was the victim, it results in death, we cover for the benefit of the person or persons named in the Special Terms and Conditions as beneficiaries, the payment of the lump sum, the amount of which is set out in the Table of Cover.
When, prior to death, the same accident has given rise to the payment of an indemnity for permanent disability pursuant to the following conditions, the lump sum shall be reduced by the amount of this indemnity. The officially recognised disappearance of the Insured’s body at the time of the sinking, disappearance or destruction of the means of transport in which he/she was travelling, will create a presumption of death at the end of the period of one year from the day of the accident.
However, if it is found at any time after the payment of the indemnity for the disappearance of the Insured, that the latter is still alive, the sums unduly paid in this respect must be reimbursed to us in full.
PERMANENT DISABILITY
When the accident results in permanent disability, we pay the Insured a maximum indemnity corresponding to the rate of 100% of the Disability scale.
If the disability is only partial and less than or equal to 55%, the Insured is only entitled to a fraction of the indemnity proportional to the degree of disability.
Unlisted disabilities are compensated according to their severity compared to that of the listed cases. The indemnity is fixed and contractual in nature: it is determined according to the rules set out above, without taking into account the age or profession of the Insured.
The degree of disability will be established at the time when the final consequences of the accident can be determined in a certain manner, and at the latest, unless otherwise mutually agreed between the Insured and us, at the end of the period of one year from the day of the accident.
There is no accumulation of death and disability cover when they result from the same accident.
MULTIPLE DISABILITIES
When the same accident results in several distinct disabilities, the main disability is first assessed under the conditions provided for above, the other disabilities being then estimated successively, in proportion to the capacity remaining after the addition of the previous ones, without the overall rate exceeding 100%.
The absolute functional incapacity of a limb or organ is assimilated to the loss of that limb or organ.
The loss of limbs or organs out of use prior to the accident shall not give rise to any indemnity. If the accident affects an already disabled limb or organ, the indemnity will be determined by the difference between the condition before and after the accident. Under no circumstances may the assessment of injuries resulting from the accident be increased by the state of disability of limbs or organs that the accident did not involve.
Insofar as they are the consequence of an insured accident, nerve disorders and injuries can only be taken into consideration if they are manifested on examination by clearly characterised clinical signs.
5. DECLARATION IN THE EVENT OF A LOSS
In the event of a loss, it is important that we are promptly and fully informed of the circumstances in which it occurred and its possible consequences.
FORM AND INFORMATION REQUIRED
The Insured or his/her successors, yourself if applicable, or any agent acting on their behalf are required to make, in writing or verbally against receipt, to our Registered Office or to our representative designated in the policy, the declaration of any loss within fifteen days at the latest of the date on which they became aware of it.
If the claim is not made within the period provided for above, except in the case of an unforeseeable event or force majeure, we may invoke forfeiture of cover when we can establish that the delay in the declaration caused us a loss.
They must also provide us with this declaration with all information on the seriousness, causes and circumstances of the loss and indicate to us, if possible, the names and addresses of the witnesses and perpetrators responsible. In particular, the claim must include:
– the date, circumstances and place of the accident;
– the surname, first name, date of birth, address and profession of the victim(s);
– the initial medical certificate describing the nature of the injuries and their probable consequences.
The victim or his/her beneficiaries must endeavour to limit the consequences of the accident and, in particular, make use of the medical care required by the victim’s condition.
The agents and doctors appointed by us shall, unless there is a justified objection, have free access to the victim and his/her doctors to ascertain his/her condition. Any intentional false declaration on the date or circumstances of an accident, duly recorded and likely to cause us harm, results in forfeiture of the rights to the indemnity which, if already paid, must be reimbursed to us.
EXAMINATION
The Insured is obliged to submit to the examination of the doctors delegated by us, our representatives will have free access to him/her whenever we deem it useful, under penalty of the Insured or any beneficiary incurring the forfeiture of their rights in the event that, without valid reason, they refuse to allow the examination of our delegates or impede the exercise of this examination if, after notice given forty-eight hours in advance by registered letter, we are confronted by them with a persistent refusal or remain prevented from performing our examination.
Any fraud, concealment or false declaration by you or the beneficiary of the indemnity, intended to mislead us as to the circumstances or consequences of a loss, shall result in the loss of any right to compensation for the loss in question.
6. PAYMENT OF INDEMNITIES
DETERMINATION OF THE CAUSES AND CONSEQUENCES OF THE ACCIDENT
The causes of the accident and its consequences, the rate of disability are recorded by agreement between the parties or, failing agreement, by two doctors each appointed by one of the parties. In the event of a discrepancy, they shall appoint a third doctor to decide between them; if they do not agree on the choice of the latter, or if one of the parties fails to appoint its expert, the appointment shall be made at the request of the first party to take action by the presiding judge of the district court of the Insured’s place of residence with exemption from oath and all other formalities.
Each party shall bear the fees and expenses relating to the intervention of the doctor it has appointed, with those required by the possible intervention of a third doctor being shared equally between them.
WORSENING INDEPENDENT OF THE ACCIDENT
Whenever the consequences of an accident are aggravated by the victim’s constitutional state, by a lack of care due to negligence or by empirical treatment, by a pre-existing disease or disability and in particular by a diabetic or haematic condition, the indemnities due will be determined on the basis of the consequences that the accident would have had in an able-bodied person in normal health undergoing rational treatment.
PAYMENT
The indemnities covered are payable:
– In the event of death and permanent disability, within one month of submission of supporting documents confirming the accidental death of the Insured and the capacity of the beneficiary, or the agreement of the parties on the degree of disability.
– If the parties do not agree, the payment of indemnities shall take place within fifteen days of the court decision becoming enforceable.
WHAT ARE YOUR OBLIGATIONS IN THE EVENT OF A CLAIM?
You should contact our Insurance Department.
The following do not give rise to our intervention:
♦ Services that have not been requested during the trip or that have not been organised by us or in agreement with us, do not give rise, a posteriori, to reimbursement or compensation,
♦ Damage caused intentionally by the Beneficiary and damage resulting from his/her participation in a crime, offence or brawl, except in the event of self-defence,
♦ Theamountoftheconvictionsandtheirconsequences,
♦ Theuseofnarcoticsordrugsnotmedicallyprescribed,
♦ Thestateofinebriation,
♦ Participation as a competitor in a competitive sport or rally giving entitlement to a national or
international ranking which is organised by a sports federation for which a licence is issued as well as training for these competitions, excluding participation in events with a ranking based on the regularity of tourist rallies such as those organised by FIM Touring,
♦ Businesstravelandthepracticeofanysportinaprofessionalcapacity,
♦ Participation in endurance or speed competitions or events and their preparatory tests, on board any
land, water or air locomotion vehicle,
♦ The consequences of non-compliance with recognised safety rules related to the practice of any
recreational sports activity,
♦ Costsincurredafterthereturnofthetriporexpiryofthecover,
♦ Accidents resulting from your participation, even as an amateur, in the following sports: motor sports
(except a land vehicle with 2 or 3 wheeled engine driven by the beneficiary in the context of leisure activities), air sports, high-altitude mountaineering, bobsleigh, hunting dangerous animals, ice hockey, skeleton, combat sports, caving, snow sports with an international, national or regional classification, excluding participation in events with a ranking based on regularity such as tourist rallies organised by FIM Touring,
♦ Voluntary non-compliance with the regulations of the visited country or the practice of activities not authorised by the local authorities,
♦ Officialprohibitions,seizuresorrestrictionsbylawenforcement,
♦ TheusebytheBeneficiaryofairnavigationdevices,
♦ Theuseofmunitions,explosivesandfirearms,
♦ Damage resulting from intentional or fraudulent misconduct by the Beneficiary in accordance with
Article L.113-1 of the French Insurance Code,
♦ Suicideandattemptedsuicide,
♦ Epidemicsandpandemicsunlessotherwisestipulatedinthecover,pollution,naturaldisasters,
ARTICLE 7 – GENERAL EXCLUSIONS
♦ Civilorforeignwar,riots,strikes,popularmovements,actsofterrorism,hostage-taking, ♦ Thedisintegrationofatomicnucleioranyirradiationfromaradioactiveenergysource.
Under no circumstances may MUTUAIDE ASSISTANCE be held liable for breaches or setbacks in the performance of its obligations resulting from cases of force majeure, or events such as civil or foreign war, riots or popular uprisings, lockouts, strikes, attacks, acts of terrorism, piracy, storms and hurricanes, earthquakes, cyclones, volcanic eruptions or other disasters, disintegration of atomic nuclei, the explosion of radioactive nuclear devices and nuclear effects, epidemics, the effects of pollution and natural disasters, the effects of radiation or any other unforeseeable or force majeure event, as well as their consequences.
Assistance services can only be provided if the Beneficiary makes a telephone call at the time of the event.
Upon receipt of the call, MUTUAIDE ASSISTANCE, after verifying the applicant’s rights, shall organise and pay for the benefits provided for in this agreement.
To benefit from a cover, MUTUAIDE ASSISTANCE may ask the Beneficiary to provide evidence of the capacity that he/she invokes and to produce, at his/her own expense, the evidence and documents proving this right.
The Beneficiary must allow our doctors access to any medical information concerning the person for whom we are providing assistance. This information will be processed in accordance with medical confidentiality.
MUTUAIDE ASSISTANCE may not under any circumstances replace the local emergency rescue organisations and will intervene within the limits of the agreements given by the local authorities, nor will it cover the costs thus incurred, with the exception of the costs of transport by ambulance or taxi to the nearest place where appropriate care can be provided, in the event of a minor illness or minor injuries that do not require repatriation or medical transport.
The procedures that MUTUAIDE ASSISTANCE is required to perform are carried out in full compliance with national and international laws and regulations. They are therefore linked to the competent authorities’ ability to obtain the necessary authorisations.
When MUTUAIDE ASSISTANCE has paid for the transport of a Beneficiary/Insured Party, the latter must return his/her return ticket initially planned and not used.
MUTUAIDE ASSISTANCE shall decide on the nature of the air ticket provided to the Beneficiary according to the possibilities offered by air carriers and the duration of the journey.
ARTICLE 8 – OPERATING RULES FOR ASSISTANCE SERVICES
Reimbursements to the Beneficiary may only be made by us on presentation of the original invoices paid corresponding to costs incurred with our agreement.
Requests for reimbursement should be addressed to:
MUTUAIDE ASSISTANCE
Service Gestion des Sinistres [Claims Management Department] 126, rue de la Piazza – CS 20010 – 93196 Noisy le Grand CEDEX FRANCE
Membership of this insurance shall take effect on the date of purchasing the “SOUL” card for a period of one year. It is then renewed each year by tacit agreement, for the entire duration of your subscription to the “SOUL” card.
If you want to upgrade, this will be possible at any time. Membership of the new card will take effect for a period of one year and will then be renewed each year by tacit agreement.
In the event of cancellation or change of membership, the paid subscription is not refundable.
ARTICLE 9 – REIMBURSEMENT CONDITIONS
ARTICLE 10 – DURATION OF MEMBERSHIP AND UPGRADES
Website terms and conditions
The website www.fim-advantage.com (the “Website”) is provided by FIM, the registered office being at 11, Route de Suisse, 1295 Mies,
Switzerland. The FIM employs the Website notwithstanding the possibility of any other ad hoc or permanent electronic addresses which may also provide access to the content and services provided by means of the Website.
Access by users
Access to and/or usage of the Website of FIM establishes user status and presupposes acceptance of these Terms & Conditions, in addition to the Privacy Policy of the FIM. The aforementioned conditions shall apply irrespective of any general contractual and electronic commerce conditions which may apply to the functionality provided by the Website. Users undertake to employ the services and information provided to the Website in accordance with principles of good faith.
Initial access to the Website is free of charge. However, there may be functionalities or services which are subject to payment of a price under the conditions established in each case.
In the event that in order to employ certain functions or services user registration is required, this will be performed by means of data gathering forms, subject to the terms of personal data protection legislation.
Protection of intellectual and industrial property rights
FIM or licensors of FIM own the intellectual and industrial property rights over the Website, including the content and graphical elements, the source code, design, browsing structure, databases and other elements comprising the Website. FIM is therefore exclusively entitled to exercise rights of exploitation in any form, and specifically rights of reproduction, distribution, public presentation and transformation. Any usage or reproduction performed by users of this content, or any which may in the future be included, must be performed in accordance with these Terms & Conditions, and in all cases with the written authorisation of FIM.
Reservation of rights: FIM explicitly declares a reservation of rights in general with regard to the set of content disseminated via the Website and subject to intellectual and industrial property. FIM expressly objects to the usage of any of the content of the publications of FIM in any format for the purpose of press reviews or cuttings for commercial purposes without the prior, express and written authorisation of FIM.
These Terms & Conditions do not constitute any assignment of rights to users with regard to any of the elements which comprise the Website or the content thereof.
The following acts are not authorised under any circumstances:
- Presentation of a page of the Website, or any content thereof, by means of any technique or procedure, including framing, in-line linking, etc.
- The extraction of elements from the Website which would be to the detriment of the Website, in accordance with the provisions in force.
- Commercial usage of the contents of the Website.
- Usage of trademarks or distinctive signs, logos, combinations of colours, structure, design and, in general, distinctive symbols of any kind which are the property of FIM, without the FIM having been informed and having granted the corresponding authorisation.
- Usage of contents in unlawful or illegal activities, or any which violate the principles of good faith and public order.
- Distribution of content or propaganda of a racist or xenophobic, pornographic or illegal nature, or any which infringes human rights.
- Causing of damage to the physical and logical systems of FIM, of its providers or third parties; introduction or dissemination within the network of computer viruses or other physical or logical systems which would be liable to cause the aforementioned damage.
- Attempts to access and, where applicable, make use of the e-mail accounts of other users or to modify or manipulate their messages.
Users may display the content of this Website, or copy and print it on their computer or any other platform, solely for their own personal and private use.
Responsibility for content
FIM reserves the right to modify or eliminate the content of the Website, and to limit or impede access, on either a temporary or definitive basis, without prior notice. FIM accepts no responsibility for technical access, information or the content of other websites to which it may refer or link from the Website. FIM does not necessarily share the opinions expressed by its contributors.
Information regarding links accessible from the Website: FIM accepts no responsibility for third-party websites and those not owned by it which may be accessed via links or any other content made available by third parties. Any usage of a link or connection to a third-party website is performed at the sole risk and venture of the user. FIM does not recommend or guarantee any information obtained via a link beyond the confines of the Website, and accepts no responsibility for any loss, claim or damages derived from usage or misuse of a link, or the information obtained thereby, including other links or websites, interruption of service or access, or an attempt to make any usage or misuse of a link, whether in connecting to the Website or accessing information of other websites from this Website itself.
Notwithstanding any other provision of these Terms & Conditions, FIM excludes any liability connected with the Website or these Terms & Conditions to the extent legally possible.
Right of exclusion
FIM reserves the right to deny or withdraw access to its Website and/or the services provided without the need for prior notification, on its own initiative or at the behest of a third party, in the event that users are in breach of these Terms & Conditions.
Subscriptions
Subscription to products published by FIM conducted via the Website will be voluntary, and presuppose acceptance of the conditions established in the case in question, which users must expressly accept. This will likewise presuppose agreement to receive commercial information regarding the products and services of FIM. Registration for such services constitutes authorisation for FIM to perform this type of communication. Users may revoke authorisation by contacting FIM in the manner indicated in each case.
General aspects
FIM explicitly reserves the right to pursue any breach of these Terms & Conditions for any improper usage of its websites by exercising all civil and criminal actions to which it may legally be entitled.
FIM cannot guarantee that the Website and the server are free of viruses, and therefore accepts no liability for any damages which may be caused by such anomalies or any other technical incidents. It excludes any warranties connected with its Website and the use of its Website.
Modification and duration of these Terms & Conditions
FIM may modify these Terms & Conditions from time to time and such modified version of the Terms & Conditions set out on the Website will replace the former Terms & Conditions with immediate effect.
Applicable legislation and jurisdiction
The relationship between FIM and users shall be governed by substantive Swiss law excluding the conflict of law rules and the Laws in treaties. The courts of Zurich, Switzerland, shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the relationship between FIM and the users.