When used in the general terms and conditions of the present agreement, words have the meaning defined below.
1° Insurance policyholder
The person taking out the insurance policy
2° The insured persons
Any person residing in a member state of the European Union or in Switzerland and mentioned in the travel contract issued by TUI Belgium nv, hereinafter called the tour operator, and who signed a travel and assistance insurance as a participant in one of the trips organised by the tour operator. In the present contract the insured persons will also be referred to as “You”.
3° The Insurer
EUROP ASSISTANCE (Belgium) N.V. recognised under code number 1401 for the practice of branches 01, 09, 13, 15, 16 and 18 (R.D. of 02.12.96, Belgian Bulletin of Acts of 21.12.96), with headquarters at Triomflaan 172, 1160 Brussels - VAT BE
0457.247.904 RPR Brussels. In the present contract the insurer will also be referred to as “We”.
4° The tour operator
TUI Belgium nv, Gistelsesteenweg 1, 8400 Oostende,
Company number 0 408 479 965, VAT BE 0408.479.965, RPR Oostende
5° Place of residence
The place in a country of the European Union or Switzerland that the insured persons have registered in the Municipal Register Office as their usual residence.
All of the assistance services that we have contractually committed to. All amounts mentioned in this agreement (guaranteed reimbursement, guaranteed expenses paid, ...) are always inclusive of all taxes.
A sudden and unforeseen affection of the insured person’s health, properly diagnosed by a Doctor, which requires medical treatment and the sudden and unforeseen character of which renders any realization of the concluded travel contract impossible.
Any urgent medically prescribed admission of an insured person into a medical centre (hospital or clinic) as a result of illness or accident and for which at least one overnight stay is required. We reserve the right to demand that the beneficiary presents a hospital certificate.
9° Relatives in the second degree:
By relatives in the second degree are meant: spouse, father, mother, father-in-law, mother-in-law, grandfather, grandmother, son, daughter, grandson, granddaughter, brother, sister, brother-in-law, sister-in-law.
1.2 Force majeure and fortuity
We cannot guarantee our contractual obligations in countries or regions that are in a state of civil war or international war, or where safety is uncertain due to rebellion, revolt, public disorder, limitations in the free movement of persons and goods, strikes or other cases of force majeure or fortuitous events which impede the execution of our
contractual obligations. The situation in excluded countries can change at any moment depending on the internal or foreign situation of the countries in which we have our activities. In this matter, Europ Assistance follows the advice and recommendations of
the Ministry of Foreign Affairs.
1.3 Availability of our services
Our assistance services are available 24 hours per day, 7 days a week. Our information desk is available from Monday to Friday from 9 am to 8 pm. The medical information desk is available 24 hours per day.
1° Cost of your call for assistance
We will cover the phone, fax and email costs that you have incurred abroad to get in touch with us (first call and calls we explicitly ask you to make), provided that your first call results in assistance as guaranteed by the agreement.
Under no circumstances can our services be financially rewarding for you. They are aimed at helping you, within the limits of the agreement, in situations of distress or unforeseen events during the guarantee period. We will therefore deduct from the costs covered by us, any costs you would have made in case the claim had not taken place, such as toll fees, costs of sea crossing, fuel costs of the vehicle, unordered airplane tickets, and we reserve the right to ask for unused tickets. For each case of assistance, the situation is evaluated on a case by case basis, taking into account the principle of fairness. All non-requested or non-used services, as well as services refused by the insured person will not result in a later right to compensation.
The tickets we guarantee are, depending on our choice, 1st class train tickets if the distance to be covered is less than 1,000 km, or airplane tickets in economy class or charter flights.
4° Hotel costs
The guaranteed hotel costs are limited to the price of a room with breakfast for the amounts as determined in the agreement and with the exclusion of all other costs.
5° Service provider
You always have the right to refuse the service provider we designate. In that case, we will suggest other service providers in your area within the limitations of local availabilities.The works, repairs or services done by the service provider are carried out with your approval and under your supervision. For the cost of repair, spare parts or services which are not covered by the agreement, we advise you to request a quote in advance. The service provider is solely responsible for the works, repairs or services he carries
6° Reimbursement of costs
When we give you permission to advance the costs for guaranteed services, we will reimburse these costs up to the amount we would have paid in case we would have provided the service ourselves.
Advances of less than 10 € will not be reimbursed.
7° Assistance on demand
When our assistance is not guaranteed by the agreement, we will under certain circumstances accept to put our possibilities and our experience at your disposal to help you, while the costs remain at your expense. Please consult us beforehand.
8° Legal obligations
For the application of our guarantee you accept the obligations or limitations resulting from our obligation to comply with administrative or hygienic laws and regulations in the countries in which we operate.
1° Duration and end of the agreement
The insurance contract is concluded for the entire duration of the trip booked with your tour operator.
2° Commencement of the guarantee
The guarantee commences on the date the policyholder leaves his place of residence on the departure day and continues up to his return at his place of residence on the return day, including a reasonable period needed to join its destination and come back from it.
1.6 Your obligations in case of assistance
You must provide us with all necessary information without delay and answer all questions you are asked to determine the circumstances and the scope of the guaranteed services. You should take all reasonable measures to prevent and reduce the consequences of any damages.
You specifically commit to the following:
- call us or have us informed as soon as possible, except in case of force majeure, in order for us to arrange the requested assistance in the best possible way and allow you to make the guaranteed expenses;
- agree with the solutions we suggest to you;
- comply with the obligations specific to the requested services and
mentioned in the present agreement;
- correctly answer our questions related to the insured events;
- inform us in detail about potential other insurances that cover the same risks and events as the ones covered by the present agreement;
- provide us with the original receipts of your guaranteed expenses
- provide us with a death certificate;
- provide us with medical certificates;
- provide us with a copy of the statement of theft from the authorities in case the theft results in a guaranteed claim;
- hand us your non-used transport tickets if we have paid your repatriation;
− provide us with the documents you were given by the transport company (sea, air, rail or road transport) in case your luggage or personal items were lost during the period where they were legally entrusted to them;
− provide us with the purchase invoices of your stolen, lost or damaged luggage and personal items;
- provide us with the invoice for repair or a certificate of non-repair in case of partial destruction of your luggage or personal items.
1.7 Non-compliance with your obligations
If you do not comply with one of the obligations mentioned in 1.6 we can:
- Reduce the services offered or re-claim our total expense, up to the amount of our damages.
- Refuse the services offered or re-claim the total sum of our expenses, if you have not complied with your obligations with fraudulent intent.
1.8 Insurer’s right to verification
The insured party recognises the right of the insurer to verify all declarations and/or all documents submitted by the insured party. In case of physical accident or illness, we can decide a potential medical check.
1.9 Taking out different insurances with the insurer
If the policyholder takes out several policies that cover the same risk, the conditions of the policy with the highest guarantees will be applicable. The guarantee can never be higher than the insured amount regardless of the number of contracts that the policyholder takes out.
2.1. ASSISTANCE TO PERSONS IN CASE OF ILLNESS, ACCIDENT OR DECEASE
The services guaranteed in 2.1 are applicable in case of illness, accident or decease of an insured person during their travel related to an insured trip.
2.1.1 Transport/repatriation of ill or injured persons
Our services are in any case never a replacement for the interventions of the publicemergency services, especially not in cases of an emergency. If during a trip you have fallen ill or got injured, you should first appeal to the local first aid services (ambulance, hospital, doctor, …) and then provide us with the contact
details of the doctor who is treating you. As soon as we have been informed, we will contact this doctor. Without prior medical contact, we cannot transport you. Based on this contact, decisions will be taken on the best course of action. Should you wish so, we can explain what the local doctor has told you. At your explicit request we can inform a third party indicated by you about your medical situation.
If the local doctor in attendance prescribes transport/repatriation to your home or your transfer from one hospital to another, we will apply the following rules:
- any transport/repatriation for medical reasons and guaranteed by the agreement must have prior permission of our medical service. The medical certificate of the local doctor in attendance is not sufficient in itself.
- as soon as the doctors have decided to transport or repatriate you, a date, as well as the type of transport and possible medical accompaniment are agreed. We will organise and pay for the transport from the institution where you reside.
- the transport/repatriation will take place, following the decisions of our doctors, via:
− special hospital flight
− sleeper train
− 1st class train
− light ambulance
- this transport occurs according to the decisions taken by our doctors and if needed under constant medical or paramedical supervision to your home in Belgium or the hospital close to your home where a place will be reserved for you.
- your medical interest and the respect for current health regulations will be the only considerations in the decision to stop the transport, and in the choice of means of transport and the place of hospital admission, if needed.
- the information of local doctors or your usual doctor in attendance can be of essential importance and help us to make the best decision. It is therefore explicitly agreed that the final decision in view of your medical interest will be taken by our doctors to avoid
any conflict with medical authorities.
- in case you decide to refuse our decision, you also explicitly exempt us from all responsibility, specifically in case you return on your own or when your health condition gets worse.
- contrary to Chapter 4.« Exclusions and limitations » for the insured person who is awaiting an organ transplant Europ Assistance can, at your request, at your risk and time permitting, organise and pay the return to the hospital for the transplant, and this for the donor of the organ transplant, one another insured person traveling with him and
the accompanying children of minor age of the donor. The same rule is valid if you have to respond to a court summons as member of the jury during a travel related to an insured trip.
2.1.2 Accompaniment of the ill or injured person
If we transport you for medical reasons, we arrange and pay for the return of another insured person who is travelling with you to accompany you to your destination.
2.1.3 Search costs
We pay the search costs in case the insured persons are lost on land or at sea within territorial waters provided that the search is the consequence of a decision by local competent authorities or official rescue organisations. Except for the original invoice, you must also provide us with a certificate of these local authorities or rescue
organisations. We guarantee the search costs to a maximum amount of 10 000 € for all insured persons together.
We guarantee these costs after the contribution of your national health service. These services cannot be combined with the services 2.1.4 « Rescue costs » and 2.1.5 « Costs for primary transport ».
The search costs are not guaranteed for winter sports activities on snow or ice outside marked pistes.
2.1.4 Rescue costs
We pay the rescue costs on land or at sea within territorial waters to safeguard the life or physical integrity of the insured persons, provided that the rescue is the consequence of a decision by local competent authorities or official rescue services. Except for the
original invoice, you must also provide us with a certificate of these local authorities or rescue organisations. We guarantee the rescue costs to a maximum amount of 10 000 € for all insured persons together. We guarantee these costs after the contribution of your national health service.These services cannot be combined with the services 2.1.3 « Search costs » and 2.1.5 « Costs for primary transport ». The rescue costs are not guaranteed for winter sports activities on snow or ice outside marked pistes.
2.1.5 Costs for primary transport
In case of illness or accident during a trip, we will pay the costs for primary transport inan ambulance or helicopter to the nearest hospital or medical centre.We guarantee these costs after the contribution of your national health service.These services cannot be combined with the services 2.1.3 « Search costs » and 2.1.4
« Rescue costs ».The costs for primary transport are not guaranteed for winter sports activities on snow or ice outside marked pistes.
2.1.6 Additional reimbursement of medical costs paid abroad
1° Conditions for reimbursement:
- except for the exclusions mentioned in Chapter 4. « Exclusions and limitations » and the scheduled excess amount, we guarantee the costs for medical care abroad, in a country covered by the contract, as a consequence of illness or an accident that occurred in that country, which was unforeseeable and had no known medical
- the supplementary reimbursement starts after receipt of all compensations that your National Health insurance covers for the same risks. This means you first need to take all necessary steps in Belgium or in your place of residence to receive the reimbursements that you are entitled to.
- if the insured persons are not members of a Belgian National Health insurance or are not in line with the regulations of their health insurance (more specifically if they have not paid their fees), Europ Assistance’s contribution for all medical costs will be limited to a maximum amount of 2 500 € per insured person and per event.
- in case of hospital admission, you must inform us the same day or at the latest within 48 hours. Payment of hospital costs stops as soon as your repatriation can take place or if you refuse or delay our proposal for repatriation.
- for ambulatory medical costs (care and medication outside the hospital), you must provide us with a certificate issued by the prescribing doctor to the attention of our doctors.
2° Guaranteed medical interventions:
The following medical costs incurred abroad are entitled to our supplementary reimbursement:
− medical and surgical fees
− medically prescribed medication
− urgent dental care as a consequence of an accident or acute attack
− costs for hospital admission
− costs for physiotherapy, chiropraxis and physiotherapy during the hospital stay
− costs for an extended hotel stay or a stay in a better accommodation prescribed by a doctor when the ill or injured person cannot make the return trip to his place of residence. The guarantee is extended to one insured person accompanying the patient.
3° Guaranteed amounts
− we pay the costs for all medical and paramedical services as mentioned under 2.1.6. 2° up to a maximum amount of 100 000 € per insured person and per event in Europe and a maximum amount of 1 000 000 € per insured person and per event elsewhere in the world, after contribution of your national health service.
− Urgent dental care up to an amount of 250 € per insured person and per event after contribution of your national health service, including the urgent repair costs of the dental prosthesis of the insured person up to an amount of 50€.
− Costs for an extended stay or a better accommodation for the insured patient and a companion up to an amount of maximum 100 € per day during a maximum duration of 10 days. We will organise and pay for the additional return trip per train (first class) or airplane
(economy class or charter) of the insured person and of an insured spouse or person travelling with him if the return trip cannot take place on the expected day due to an extended stay for medical reasons. Reimbursement of the medical services guaranteed in 22.214.171.124° is subject to an excess of 75 € per insured person and per event.
Hospital costs and ambulant medical costs will be reimbursed based on the following pieces of evidence:
- a detailed medical report of the prescribing doctor who is treating you abroad;
- the original documents of the national health insurance mentioning their reimbursements, together with a copy of the costs incurred. If compensation is denied, we will ask you for proof of the refusal of your national health insurance and the original documents of your expenses.
2.1.7 Reimbursement of medical costs in Belgium as a result of an accident in Belgium or abroad
We will pay for the medical costs incurred in Belgium for medical prescriptions during one year as a consequence of an accident covered by this contract and which has occurred during a travel in Belgium or abroad up to an amount of 6 200 € per insured person. The medical costs in Belgium must be directly linked to this accident.
To this effect you need to provide us with a medical report from your prescribing doctor to the attention of our advising doctor.
These medical services will be reimbursed after deduction of an excess of 75 € per insured person and per event regardless of the type of contract that was signed.
2.1.8 Assistance in case of decease
1 ° Decease in Belgium or in the country of your residence while travelling
When an insured person dies during a trip in Belgium or in the country of your residence, we will organise and pay for the transport of the body from the hospital or mortuary to a place in Belgium or in the country of your residence indicated by the family, excluding all other funeral costs. If this decease prevents the insured persons who accompanied the deceased to continue their trip in the originally planned manner, we will organise and pay for their return
2 ° Decease abroad
When an insured person dies abroad:
- we will organise and pay for the transport of the body from the hospital or mortuaryto a place in the country of residence indicated by the family;
- we will pay the costs for post-mortem treatments and laying the body in the coffin;
- we will contribute towards the costs for the coffin up to an amount of 1 500 €;
NB: The costs for the funeral ceremony and all other costs are excluded.
3 ° Funeral or cremation abroad
In case the insured person is buried or cremated abroad:
- we will pay the costs for post-mortem treatment and laying the body in the coffin;
- we will contribute towards the costs for the coffin and the urn up to a maximum amount of 1 500€;
- we will pay the costs for the funeral ceremony abroad following a decease abroad up to the maximum amount of intervention in case of repatriation of the deceased person;
If the decease of the person abroad prevents the insured persons who accompanied the deceased person to make their return trip in the originally planned manner, we will organise and pay for the return home, and this from the place of immobilization to the
place of residence of the insured family members and of the insured accompanying persons.
2.2. ASSISTANCE TO TRAVEL COMPANIONS
The guaranteed services under 2.2 « assistance to travel companions » are applicable during the travel related to an insured trip.
2.2.1 Return of and assistance to children, grandchildren and great grandchildren
This service is valid for children under the age of 18 that accompany you, when for medical reasons you cannot take care of them and no other person is present to take over this care. We organise and pay for their return to their place of residence accompanied by a hostess or a person of your choice living in Belgium. We will pay the
transport costs of the hostess or companion as well as the companion’s hotel costs up to a maximum amount of 125 €
2.2.2 Return of other insured persons
If your transport or repatriation for medical reasons prevents the insured persons who accompanied and were dependent of you to continue their trip in the originally planned manner, we will organise and pay for their return home from the place of immobilisation, per train (first class) or airplane (economy class or charter) to their
place of residence, as long as the insured persons cannot make the return trip with the originally planned transportation means.
2.2.3 Return/repatriation of pets (dogs and cats) and luggage
If we pay for your return home:
− We organise and pay for the transport of your pets (dogs and cats) that accompany you;
− We pay for the transport of the luggage you send yourself and for which you have a waybill issued by a professional shipping agent.
2.2.4. Additional reimbursements
If we pay for your return home, we pay up to an amount of maximum 250 € for
- the ski pass
- skiing lessons longer than 4 days
- the golf fee
- the rent of golf material and golf lessons
- the rent of diving material and diving lessons
2.2.5 Veterinary costs abroad
You are travelling abroad at more than 250 km from you place of residence and the pet accompanying you needs urgent help from a veterinarian: we pay the veterinary costs abroad up to an amount of maximum 250 € per event. You must provide us with the
original receipts of your expenses.
2.3. REUNION WITH RELATIVES
The guaranteed services under 2.3 « Reunion with relatives » are applicable when you are travelling.
2.3.1 Visit to the hospitalized person
When during your travels you are admitted to hospital for a period of 5 days, we will organise and pay for,
- the return trip per train (first class) or airplane (economy class or charter) of a family member to the 2nd degree in order for them to visit you. We will reimburse taxi fees for the hospital visit up to a maximum amount of 100 €;
− the visitor’s hotel costs during your hospitalization up to an amount of 100 € per room per night. This guarantee is limited to a total amount of 400 €;
− the round trip per train (first class) or airplane (economy class or charter) of a family member or another person designated by the family to visit and accompany the child to his place of residence, as long as the child cannot make the return trip on his own. We pay the local travel costs of the family member or the designated person up to an amount of 400 €.
2.3.2 Early return due to serious illness of accident of your spouse or a family member to the 2nd degree
In case you are travelling and the doctor in attendance assures us that the hospitalization in the country of your residence will take more than 1 day, that it was unforeseen and that the seriousness of the patient’s health condition justifies your presence, we organise and pay for the travel cost of one insured person. You must provide us with the medical certificate. For the organisation of the early return, we reserve the right to choose the means of transport and the time of early return. Considering the urgency of the situation we will
organise this within 24 hours after the request for early return.
In case of definitive return in your private car there is no contribution towards the costs for return.
2.3.3 Early return due to decease of a relative
You are travelling and a family member to the 2nd degree suddenly dies in the country of your residence. To allow you to attend the funeral service, we will pay for the single trip of all insured persons who are travelling with you and have the required degree of
kinship with the deceased. We will pay for the return of insured underage children, either accompanied by you or not, even if they do not have the required degree of kinship. For the organisation of the early return, we reserve the right to choose the means of
transport and the time of early return. Considering the urgency of the situation we will organise this within 24 hours after the request for early return. In case of definitive return in your private car there is no contribution towards the costs for return.
2.3.4 Early return due to serious damage to your home
When your home in your country of residence has suffered serious damage due to fire, water, storm, explosion or implosion, or burglary, we organise and pay for the transport of an insured person to return to his home. For the organisation of the early return, we reserve the right to choose the means of transport and the time of early return. Considering the urgency of the situation we will organise this within 24 hours after the request for early return. You must provide us with evidence of the damage, as well as an expert’s report and/or
an invoice for the repairs. In case of burglary we also ask you for a copy of the police statement.
2.3.5. Help from a locksmith
If the lock of the main door of your residence or your second residence in Belgium is damaged or if you have lost your keys so that you cannot to enter your residence, we will bring you into contact with a locksmith of your region and will pay the working hours and the locksmith’s travel expenses to a maximum amount of 125 €, except the costs of the spare parts. You will have to give the proof of your residence to the locksmith.
2.4 LOGISTICS AND ADMINISTRATIVE ASSISTANCE
2.4.1 Mailing of glasses, prosthesis, medication
In case you cannot find abroad the same or similar type of glasses, prosthesis or medication and provided that these are essential and prescribed by a doctor, we can order these items in Belgium based on your indications and send them to you via a method of shipment chosen by you. We will pay for the shipping cost of these items. We will also pay for their purchase costs up to an amount of 250 €. This service is subject to the approval of our doctors and to local and international legislation.
2.4.2 Relay of urgent messages
In case of a serious event (decease, illness, accident, serious damage to your home) we can contact a third person whose details you have provided to us to relay the message you have given us.
Under no circumstances are we responsible for the contents of this message, that must respect Belgian and international legislation.
2.4.3 Assistance with legal proceedings abroad
When you are liable to prosecution abroad as a consequence of an accident, we will advance the following amounts to you:
− The amount of the bail requested by the government up to an amount of 12 500 € per prosecuted insured person. For the execution of this service we demand a certified copy of the government decision.
− The fee of a lawyer of your choice abroad up to an amount of 1 250 €. We do not contribute towards the costs of legal consequences in the country of your residence of legal actions brought against you abroad. You must reimburse these advances spontaneously within a month after the day on which the advances were put at your disposal. If the government reimburses the bail to you before this term, you must send us the amount immediately.
2.4.4 Assistance in a foreign language
When you are entitled to a guaranteed service for an insured event, our services or contacts will help you in case you experience serious problems to understand the spoken language.
2.5. INFORMATION AND SERVICE
Our information service is available from Monday to Saturday from 9 am to 8 pm. Medical information is available 24 hours per day. The information will only be given by telephone. Some questions may not be answered immediately. Under no circumstances can we be held responsible for the use the insured persons make of the
1° Your trip
Before you leave on your trip abroad, you can consult our information service, which will help you with the practical arrangements of your trip. We provide information on:
− Visa and administrative formalities for people, vehicles and pets before and during the trip;
− Obligatory or recommended vaccinations;
− Hygienic and medical precautions depending on the country you visit;
− Customs regulations for private use;
− Contact information of foreign consulates and tourist offices in your country of residence and of European consulates abroad;
− The climate and recommended clothing;
− Holidays and time differences;
− Travel conditions on land, at sea and in the air, hotels, itineraries.
2° Your health
At your request we will provide you with information on the following subjects:
− Hospitals and clinics;
− Ambulance services in the vicinity of your residence;
− Institutions for home care;
− Renting of medical material;
− Health resorts;
− Rehabilitation centres
The covered luggage and personal items are the ones belonging to you, and which you take with you for your personal use during a private or business trip, including clothing and personal items you wear during the journey. The reimbursement of certain luggage,
personal items or possessions is limited or excluded from the guarantee. You can find a detailed overview in the guarantees mentioned below. The guarantee takes effect for an insured travel as soon as the insured person leaves his residence for the insured travel and ends when the insured person has returned home.
3.2 Scope of application of the insurance We insure your luggage, your personal items and possessions that you take with you on
your travels against:
− Total or partial damage caused by a transport company;
− The loss during transport by a transport company;
− Theft of identity papers
Luggage attended by insured persons or objects and clothing worn on the person are only insured against complete or partial damaging due to fire, explosion, natural disasters or theft caused by violence on the person.
1° The guarantees are limited for the following valuable or special objects: precious stones, pearls, jewels, fur and watches that are worn on your person, as well as any type of equipment for image and/or sound recording and their accessories (for example:
photo cameras, film materials, mobile phone, film camera, smartphones, videogames), laptop computers, all types of glasses, contact lenses, binoculars, musical instruments, medical prosthesis, art objects, antiques, carpets, furniture. The items mentioned above are only insured against theft.
2° Limitation of the reimbursement of luggage and personal items that were carried in the vehicle:
In case you use your private vehicle or mobile home to transport your luggage and personal belongings, the risk of theft is covered provided that the luggage and personal items are placed in the boot of the locked vehicle and are out of sight. Only burglary is covered. If the vehicle is parked on the public road, the guarantee is only valid between 6 am and 10 pm.
3° Limitations of the reimbursement of camping material located on a legalized camping ground:
Camping material is insured against theft and the complete or partial destruction caused by natural disaster. Natural disasters are events caused by climate or land that afflict the country, specifically floods, tidal waves, hurricanes, tide-lands or expansion of soils (extreme droughts), earthquakes, landslides, volcanic eruptions, subsidence. In the sense of the present agreement, rain and snow storms are not considered natural disasters.
4 ° Limitations in the reimbursement of objects in a hotel room or a holiday home:
− These are insured against complete or partial destruction due to fire or explosion;
− These are only insured against theft if it is a burglary with visible signs of breaking and entering.
5° We cover the theft, the complete or partial damaging and the loss of objects that are shipped by a transport company provided that you have reported the disappearance, damage or loss of the objects to the transport company within 24 hours after the supposed time of receipt of the transported goods. The report of disappearance,
damage or loss must also be done to the travel organiser.
6° For the theft of identity papers, more specifically your identity card or residence permit, your passport, the certificate of registration of the vehicle that belongs to you or your driving license, we will pay the costs for replacement of these documents after presentation of the original proof of evidence, up to a maximum amount of 250 € per
trip for all stolen documents together regardless of the type of contract that was signed.
7° The reimbursement value of each item separately is insured up to a maximum of 30% of the total insured amount.
8° We reimburse up to an amount of maximum 250 € the theft and up to an amount of maximum 125 € the broken ski belonging to the insured person, during the practice of winter sports. The same guarantee is valid for the theft of diving material and golf clubs belonging to the insured person. In this case, we reimburse the costs up to an amount of maximum 250 €.
3.3 Luggage delays
In case your luggage has been properly checked in for a flight and has been placed under the responsibility of the airline that you are flying with, and arrives with more than 12 hours delay, we will pay your urgent purchases for primary needs within 48 hours of landing.
For the reimbursement of these costs, you need to provide us with the airline’s statement of delay, as well as the invoice of your purchases for primary needs. We guarantee your costs for the purchase of clothing and toiletries up to a maximum amount of 250 € for the complete insured luggage.
3.4 Guaranteed amounts
3.5 Calculation of the compensation
Regardless of the limitations on objects, within the limits of the insured amounts per type of contract, we will pay the purchase value of the damaged, stolen or undelivered luggage, less the reduction in value due to wear and tear or depreciation on the day of the claim.
In case of partial damage, only the repair costs of the luggage or the item will be reimbursed up to a maximum amount equivalent to the value on the moment of partial damaging, more specifically the purchase value less the reduction in value due to wear and tear or depreciation on the day of the claim.
The wear and tear or depreciation is fixed at 10% per year that has started, from the date on the purchase invoice of these items.
3.6 What to do in case of damage?
You must report the damage in writing within 5 days after the event and provide us with details on the causes, the characteristics, the circumstances and the consequences of the damage. Further to the obligations mentioned in 1.6 of the present contract, you need to add the following elements to your damage claim:
− In case of theft you should immediately contact the local authorities of the place of theft (police, transport company, purser, …), have an official statement made up and have the evidence of breaking and entering documented;
− In case of loss you should immediately contact the local authorities of the place of loss (police, transport company, purser), and have an official statement made up;
− The documents issued by the transporter (sea, air, train or road transport) if your luggage or items were lost while they were under their legal supervision. Demand a declaration and a statement of permanent loss and keep all transport documents;
− The purchase invoice of stolen, lost or damaged luggage and items;
− For the partial damage of your luggage and personal items you must send us an invoice of the repair or a certificate of non-repair.
Under no circumstances can the insured amounts be considered proof of the value of the goods that you ask compensation for neither are they proof of the existence of these goods. In case of complete or partial destruction, you must in every possible way at your disposal and with all documents at your disposal, prove the existence and the value of the goods at the time of the damage, as well as the importance and the scale of the damage.
3.7 Return of all or part of stolen or lost objects
If you recover all or part of the stolen or lost objects that are covered by a luggage guarantee, you must inform us immediately in writing as soon as you receive the information. If you have not yet been reimbursed, you should regain possession of these objects. We
are liable to a compensation for the total or partial destruction of the found objects. If you have been reimbursed, you can choose within a term of 15 days between:
− Either leaving the objects behind;
− Or taking the objects back and reimburse the compensation you have received, less the compensations determined by us for the total or partial destruction of the recovered objects.
You should confirm your choice in writing within 15 days. After this term we will assume that you have opted to leave the objects behind.
3.8 Special exclusions on luggage and personal possessions
We exclude the following:
− Theft of luggage and personal items and possessions that were left unattended in a public place or were stored in an area that is accessible to several people;
− Negligence, loss (except by the transport company), exchange;
− Theft without breaking and entering except if the necessary assessments and statements were made by an authority (policy, transport company, purser, …);
− Theft by your personnel during the pursuance of their profession;
− Accidental damage caused by leakage of liquids, oils, colouring agents or corrosive substances in your luggage;
− All perishable goods;
− Seizure or confiscation of goods by customs or government services;
− Damage caused by mites, rodents, insects, worms, vermin or all other parasites;
− Burn holes caused by cigarettes and damage caused by a non-candescent source of heat;
− Burglary from a car or cabriolet, except if from the locked boot;
− Merchandise, samples and collections from sales people;
− Securities are not considered luggage. By « securities » are understood: coins, bank notes, bank or postal transfers, passports, travellers’ cheques and/or other cheques, letters of credit, fuel vouchers or other prepaid vouchers;
− Pearls non worn on the body and non set stones;
− Films, videos, video games and all audio material;
− Damage due to use, depreciation, slow or natural wear and tear;
− Damage caused by any form of cleaning, repair or restoration;
− Dents, scratches, electric or mechanical damage;
− Breakage of fragile objects (mantel clocks, porcelain, glassware, sculptures, marble, art objects, antiques, …) unless the damage is caused by fire, theft or accident of the vehicle in which they were transported;
− All types of weapons and their ammunition;
− Motorcycles, trailers, caravans, boats and other means of transport (except bikes used for recreational purposes) as well as the accessories that are attached or connected to them;
− Sports material (excepting skis, golf clubs and diving material (as described in 3.2.8°), surfing boards;
− Luggage transported by a vehicle on two wheels;
− Costs for the replacement of locks and keys;
− Events that have been caused intentionally by the beneficiary;
− Costs as a consequence of a nuclear accident;
− Facts that are linked to terrorist acts;
and, in general, all costs that are not explicitly mentioned in this agreement
4.1 Are excluded
− Medical, paramedical, surgical, pharmaceutical and hospital costs for treatments in the country of your residence, either as a consequence of a disease that started abroad or not, except in case of an accident that occurred abroad as described in 2.1.7;
− The diagnosis and treatments recommended in the country of your
residence, except for the cases mentioned in 2.1.7;
− Periodical check-ups or observation exams;
− Medical check-ups;
− Ambulance costs in the country of your residence except for the cases mentioned under 2.1.1 and 2.1.5;
− The costs for glasses, contact lenses, medical equipment and the purchase or repair of prosthesis (except for the case mention in 126.96.36.199°);
− Preventive medication;
− Health spas, stays and treatments for convalescence, rehabilitation and massages;
− Aesthetic treatments, diet treatments, all homeopathic treatments and acupuncture which are not recognised by the Belgian National Service for Medical and Disablement Insurance (RIZIV);
− Vaccines and vaccinations;
− Repatriation for mild conditions or injuries that can be treated locally and that do not prevent you from continuing your stay or your journey;
− Costs and care as a result of a depression or a mental illness, except if these occur for the first time;
− Costs and care resulting from pathological conditions that were known before departure
− Costs and care resulting from a relapse or an aggravation of a disease or a pathological condition that had already showed up before departure;
− The repatriation for an organ transplant (except the case described in 2.1.1);
− Costs for check-ups during pregnancy, delivery or voluntary termination of a pregnancy are excluded. Only the medical costs for a sudden and unexpected medical complication are covered;
− Airplane travel with a pregnancy of more than 28 weeks, except when a written approval was obtained from the gynaecologist, confirmed by the doctor of the airline (in view of the wellbeing of the mother and the unborn child);
− Costs and care resulting from acute or chronic abuse of drugs, alcohol or any other substance that was not prescribed by a doctor and that alters the behaviour;
− Costs and care resulting from an attempted suicide;
− Restaurant and beverage costs;
− Costs or damage related to a theft that is not covered by the agreement;
− Events that are deliberately caused by the insured person or any other beneficiary;
− Incidents or accidents during races with motorised vehicles (races,
competitions, rallies, tourist rallies, old-timer rallies, long distance trips) in which you participate as a competitor or his assistant;
− Immobilisation of the vehicle for maintenance;
− Repeated malfunctions resulting from the non-repair of the vehicle (for example: dead battery, …) after our first intervention;
− Revenue taxes;
− Fuel, oil and toll costs;
− The costs for the detection of malfunctions by a car mechanic and costs for disassembly except in cases mentioned in 3.8;
− Costs resulting from a nuclear accident;
− Costs resulting from a terrorist action;
and in general all costs that are not explicitly mentioned in the agreement.
4.2. Exceptional circumstances
We cannot be held responsible for delays, negligence or impediments in the assistance if they cannot be put down to us or when they are the result of force majeure.
The insurer is subrogated to your rights and legal actions, against any third party and for the amount of his expenses.
Except in cases of evil intent we cannot pass the cost on to your descendants, ascendants, partner, direct relatives, people living under your roof, your guests and members of your house staff. We can however pass costs on to them when their accountability is actually covered by the insurance contract.
5.2 Acknowledgement of debt on advances
You commit to reimbursing within 1 month any amounts for services that are not guaranteed by the contract and that we have given you as an advance.
5.3 The right of Withdrawal
5.3.1 Insurance contracts with a duration of less than 30 days
The right of withdrawl is not applicable.
5.3.2 Insurance contracts with a duration of 30 days and more
You may terminate the insurance contract with immediate application after notification, within a period of 14 days, that starts after the contract is concluded. If you wish to use this right, please sent your notification through the contact form which van be found on on https://www.tuifly.be/en/questions.
In case of termination of the contract, the premiums paid related to the insured period, after the termination entered into force, will be refunded within a period of 30 days after reception of the notification of termination.
All acts resulting from the current agreement will prescribe 3 years after the event that was the cause for the acts.
All disputes on the present agreement will be settled solely by the competent Belgian courts.
5.6 Contract law
The present contract falls under the Law on Insurance Act of 25 June 1992 (Belgian Bulletin of Acts of 20 August 1992)
Any complaints with regards to this agreement can be addressed to:
− Europ Assistance Belgium NV to the attention of the Complaints Officer, Triomflaan 172, 1160 Brussels (email@example.com), or
− The Insurance Ombudsman, de Meeûssquare 35, 1000 Brussels
(www.ombudsman.as), without prejudice to the policyholder’s right to take legal action.
5.8 Protection of privacy
5.8.1. Protection of privacy – General definitions
Any person whose personal data are collected or registered by the insurer will be informed of the items below, as stipulated in the law of 8 December 1992 on the protection of personal privacy with regards to the processing of personal data:
- The responsibility for data processing lies with Europ Assistance, with headquarters at B-1160 Brussels, Triomflaan 172;
- The purpose for processing personal data is to identify the insurance policyholder, the insured persons and the beneficiaries in view of managing the agreements, including managing the insurances, cost management, the completion of the handling and management of potential disputes. Personal data are also collected for statistical purposes, which allow the insurer to analyse the
data in view of the evaluation or optimisation of his services to the clients;
- The policyholder’s personal data are also used to keep them informed of Europ Assistance’s new products and/or services (direct marketing);
- Under no circumstances will personal data be communicated to third parties,
unless this is necessary for our services, in which case the person concerned will be previously informed and will give their agreement, unless this is not obliged or allowed by a law (with strict respect for all legal stipulations);
- Any person proving their identity (for example with a copy of the front side of their identity card) has the right to inspect the data kept on them in Europ Assistance’s files, and has the right to claim the correction of their personal data in case they are incorrect. Finally, the policyholder has the right to oppose, free of charge, against the processing of their personal data for marketing purposes.
To exercise these rights, the person involved should send a dated and signed request to Europ Assistance’s Customer Data Control service at the address mentioned above or via firstname.lastname@example.org. Any supplementary questions on the processing of personal data can be addressed to Europ Assistance in the same way. The person involved can also consult the public register for the processing of personal
data, which is managed by the Commission on the protection of personal privacy.
5.8.2 Processing of data on health condition and/or other sensitive data
The insurance policyholder herewith grants permission to the insurer to process medical and/or other sensitive personal data, when needed and for the purposes mentioned in article 5.8.1..
This allows the insurer to assess the degree of dependence and the request for assistance. Medical data and/or other sensitive data are always processed under supervision of a health care industry professional. A list of categories of people who have access to the
personal data can be consulted via the address mentioned above in 5.8.1 or via e-mail on email@example.com.
5.8.3 Consent of the policyholder and/or the beneficiaries
The insurance policyholder, who acts in name of and on account of the insured persons and/or the beneficiaries, guarantees towards the insurer that he has obtained these persons’ permission for the processing of their personal data by the Insurer for the purposes of this agreement. The policyholder commits to providing the necessary information to the insured persons and/or the beneficiaries as mentioned in articles 5.8.1 to 5.8.3 of the present agreement.
Any form of fraud committed by the insured party in submitting his claim or filling out questionnaires will result in the insured party losing all his rights towards the insurer. Every document should therefore be completely and meticulously filled out. The insurer reserves the right to have the fraudulent insured party prosecuted by the competent courts.
EUROP ASSISTANCE BELGIUM N.V.
RECOGNISED UNDER CODE 1401 FOR THE
BRANCHES 01, 09, 13, 15, 16 AND 18 (INSURANCE)
(R.D. OF 02.12.1996, Belgian Bulletin of Acts of 21.12.1996)
WITH HEADQUARTERS AT
TRIOMFLAAN 172, 1160 BRUSSELS
VAT BE 0457.247.904 RPR BRUSSELS
PRIVACY: NR 00807177
E-MAIL: ADMIN@ EUROP-ASSISTANCE.BE