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Terms and Conditions of Europ Assistance
L’operatività delle presenti condizioni è subordinata alla validità della Polizza.
DISCLOSURE MADE TO THE CONSUMER BEFORE STIPULATING THE CONTRACT AT A DISTANCE
The insurance contract you are purchasing is defined, in accordance with Italian Legislative Decree no. 206/05 as a “remote contract”, namely a “contract stipulated between a Consumer and the supplier Europ Assistance Italia S.p.A. using one or more remote communication techniques until stipulation of the contract, including the stipulation of the contract itself”.
In accordance with Art. 67-quater of Italian Legislative Decree no. 206/05 of the Consumer Code, please note that:
- A “Consumer” is any natural person acting for purposes that do not come under the scope of his/her business or professional activities.
- Europ Assistance Italia S.p.A. is a company authorised to provide insurance under Ministerial Decree of 02 June 1993 (Official Journal no. 152 of 01 July 1993), with registered office in Italy at Piazza Trento 8, 20135 Milan – registered in section I of the Official Roll of Insurance and Reinsurance Businesses under no. 1.00108 – Company belonging to the Generali Group, registered with the Official Roll of Insurance Groups under no. 26 – Company subject to the management and coordination of Assicurazioni Generali S.p.A.
- The insurance contract offered is regulated by the Insurance Conditions attached as Form TAD 213/2. If said conditions meet your expectations, the premium to be paid in order to stipulate the contract is that stated in the Insurance Conditions under the Article entitled “Premium”.
- Remote sales automatically assign the right to withdraw within 14 days of stipulation of the contract; this is without prejudice to the right of Europ Assistance Italia S.p.A. to withhold the amount due for the premium corresponding to the period for which the contract was in force.
- In accordance with Art. 67-duodecies, paragraph 5b, withdrawal does not apply to travel and luggage insurance policies, or similar such short-term insurance policies lasting for less than one month.
- The right to withdraw can be exercised by registered mail with return receipt requested to be sent to the Contracting Party VELA S.p.A., to the addresses specified in the Policy and c.c. Europ Assistance Italia S.p.A. – Servizio Clienti (Customer Services) – Piazza Trento 8, 20135 Milan, Italy.
- Any claims concerning insurance cover or claim management must be submitted in writing to Europ Assistance Italia S.p.A. – Ufficio Reclami (Claims Department) – Piazza Trento, 8 – 20135 Milan, Italy – fax no. (+39) 02.58.47.71.28 – e-mail: firstname.lastname@example.org
Should the complainant not be satisfied with the outcome of the claim, or in the event that no response should be received within forty-five days, he/she may contact the IVASS (Istituto per la Vigilanza sulle Assicurazioni – Insurance Supervisory Institute) – Servizio Tutela degli Utenti (User Protection Service), Via del Quirinale 21, 00187 Rome, Italy, fax (+39) 06.42.133.745 or 06.42.133.353, accompanying the complaint with all documentation relating to the claim processed by the Company. As concerns disputes relating to the quantification of provisions and the assignment of liability, please remember that the legal authority has exclusive jurisdiction to rule on these, as well as the faculty to use conciliation systems, where such exist.
Pursuant to Article 13 of Legislative Decree no. 196 dated 30 June 2003 on the protection of personal data (Privacy Code), please be informed that:
1. Your ordinary and, strictly if necessary, your sensitive and judicial personal data (the “Data”) will be processed by Europ Assistance Italia S.p.A. using paper, electronic and/or automated means for purposes connected with:
a. management and implementation of the contract (by way of example: policy management, claim liquidation or payment of other provisions, reinsurance, coinsurance, prevention and identification of insurance fraud and related lawsuits, establishment, exercise and defence of the insurer’s rights, fulfilment of specific legal or contractual obligations, administrative/accounting management, statistical activities);
b. fulfilments of legal obligations, regulations or European Community provisions (such as governing money laundering) and/or orders issued by public bodies;
2. Data processing is:
a. necessary for contract performance and management (1.a);
b. required under law, regulation or EU legislation and/or provisions issued by public authorities (1.b);
3. The Data may be disclosed to the following parties as independent Controllers:
a. specific individuals or entities, designated by Europ Assistance Italia S.p.A. to provide services instrumental or necessary for performing the contract in Italy and abroad, including but not limited to individuals or entities in charge of managing databases and processing data; credit institutions, and individuals/entities in charge of managing postal mailing services;
b. specific associations (ANIA) and consortia of the insurance sector, supervisory authorities, judicial authorities as well as any other party to whom the data need to be disclosed in order to achieve the purposes set forth in 1.b above, or to provide the services instrumental or necessary to contract performance, or to safeguard the rights of the insurance industry;
c. assistance providers (by way of example: roadside assistance, mechanics, vehicle demolition centres, artisans, experts, pathologists, physicians, nursing staff, healthcare structures and other authorised service providers), subsidiaries or associates of Europ Assistance Italia S.p.A. or appointed by it in Italy or abroad to achieve the purposes pursuant to point 1, other insurance companies for the distribution of risk and the prevention and identification of insurance fraud, other members of the “insurance chain”, such as, merely by way of example, agents and sub-agents;
d. the Contracting Party and any insurance intermediaries.
Additionally, your Data may be shared with employees and associates acting as Persons Tasked with Processing or Data Processors.
The Data are not subject to disclosure.
4. The personal data processing Controller is Europ Assistance Italia S.p.A. You may request a list of Data Processors and exercise the rights set forth in Article 7 of the Privacy Code, in particular: receive confirmation from the Controller that data concerning you exist; be informed of who they are disclosed to and of the rationale and purposes of data processing; and obtain the deletion, updating or blocking of said data, as well as object to the processing for legitimate reasons, by writing to: Europ Assistance Italia S.p.A. – Piazza
Insured Party: the subject whose interests are protected by the Insurance.
Insurance: the insurance contract.
Contracting Party: VELA S.p.A. having its registered office in Venice, Isola Nova del Tronchetto, 21 - VAT no. 03069670275.
Europ Assistance: the insurance company, i.e. Europ Assistance Italia S.p.A. – Company authorised to provide insurance by Decree no. 19569 issued by the Ministry for Industry, Trade and Crafts on 02 June 1993 (Official Journal no. 152 of 1 July 1993) – registered in section I of the Official Roll of Insurance and Reinsurance Businesses under no. 1.00108 – Company belonging to the Generali Group, registered with the Official Roll of Insurance Groups – Company subject to the management and coordination of Assicurazioni Generali S.p.A.
Guarantee: the insurance, other than assistance insurance, for which, in the event of a claim, Europ Assistance recognised indemnity.
Indemnity: the amount paid by Europ Assistance in the event of a claim.
Maximum Cover/Amount Insured: the maximum payout established by Europ Assistance in the event of a claim.
Policy: the document proving the insurance.
Premium: the amount due to Europ Assistance.
Risk: the probability that the claim occurs.
Claim: the damaging event for which the insurance guarantee is given.
Excess: the part of the amount of the damages, expressed as a percentage, which remains at the expense of the Insured Party, with a minimum charge that is expressed as an absolute value.
Art.1. DECLARATIONS RELATING TO RISK CIRCUMSTANCES
Inaccurate statements or reticence on the part of the Insured Party in reporting circumstances affecting the risk assessment may entail the complete or partial loss of the right to insurance guarantees and termination of the insurance in accordance with Articles 1892, 1893 and 1894 of the Italian Civil Code.
Art.2. OTHER INSURANCE
In accordance with the provisions of Art. 1910 of the Italian Civil Code any Insured Party enjoying Provisions/Guarantees similar to those of this policy, by virtue of contracts stipulated with another insurance company, must in any case notify each insurance company of the claim and, specifically, Europ Assistance Italia S.p.A.
Art.3. LAW GOVERNING THE POLICY AND JURISDICTION
The Policy is governed by Italian law. For all aspects not specifically regulated herein and with reference to the jurisdiction and/or competence of the appointed court, the provisions of Italian law apply.
Art.4. CONTRACT FORM
The form of the contract is in writing; all changes or variations thereto must take the same form and must be signed by the parties.
Art.5. PAYMENT CURRENCY
Indemnities and reimbursements are paid in Italy, in euros. If expenses are incurred in non-European Union Member States or in EU Member States that have not adopted the euro as their currency, the reimbursement will be calculated at the exchange rate recorded by the European Central Bank on the date on which the Insured Party incurred the expenses.
The premium for each Insured Party is equal to the rate stated below on the cost of “VENEZIA UNICA CITY PASS”:
Pecuniary Losses Branch (R16): Rate 6% (Tax rate 21.25%).
Art.7. TAX CHARGES
Tax charges connected with the Policy are paid by the Insured Party.
Art.8. WORSENING OF THE RISK
The Insured Party must provide Europ Assistance of written information on any worsening of the risk. Any worsening of risk not known to or accepted by Europ Assistance may entail the complete or partial loss of the right to provisions/indemnity and termination of the insurance, in accordance with Art. 1898 of the Italian Civil Code.
Once it has become aware of the aggravating circumstances, Europ Assistance also has the right to receive the difference in premium corresponding to the greater risk as from the time at which said aggravating circumstances arose.
Art.9. REDUCTION OF THE RISK
If the risk should reduce, Europ Assistance must reduce the premium or premium instalment after communication of the Insured Party in accordance with Art. 1897 of the Italian Civil Code and waive the related right to withdraw.
SPECIAL SECTION DEFINITIONS
Family members: the spouse, live-in companion more uxorio, children, parents, siblings, sons/daughters-in-law, grandparents, grandchildren, nieces, nephews, parents-in-law and all others living with the insured party as long as such is proven by a valid personal data certificate.
Injury: the claim caused by pure bad, external luck resulting in bodily injury that can objectively be noted and with the consequence of: death, permanent invalidity or temporary disability.
Healthcare Institute: the public hospital, clinic or care home, whether in an agreement with the National Health Service or private, duly authorised to provide medical surgical assistance. Thermal baths are excluded, along with convalescence and residential homes.
Illness: a change in health not caused by an injury.
Residence: the place in which the natural person generally lives, as resulting from the personal data certificate.
Hospitalisation: an overnight stay in a Healthcare Institute.
Venezia Unica City Pass: pass for the City of Venice purchased online by the Insured Party to access local transport, cultural and tourist services.
SPECIAL SECTION DEFINITIONS
Art.10. INSURED PARTIES
The following are insured: The natural person who purchased the “Venezia Unica City Pass”.
Art.11. SUBJECT OF THE INSURANCE
CANCELLATION OF VENEZIA UNICA CITY PASS
If the Insured Party should need to cancel the purchased VENEZIA UNICA CITY PASS, for reasons or events that can objectively be documented and could not be foreseen at the time of the purchase, affecting:
- the Insured Party him/herself directly and/or his/her Family Members;
- the joint-owner of the associated firm/business directly;
- the Insured Party indirectly, resulting in the entire trip no longer having its original purpose;
Europ Assistance shall refund to the Insured Party the cost incurred to purchase the VENEZIA UNICA CITY PASS.
The amount paid by the Insured Party for the VENEZIA UNICA CITY PASS is refunded.
Said maximum cover cannot in any case exceed Euro 7,500.00 per Insured Party.
Excess and liquidation criteria:
Europ Assistance shall refund the amount of the VENEZIA UNICA CITY PASS:
1. in the event of cancellation due to hospitalisation (excluding day hospital and accident & emergency) or death; the amount will be reimbursed without applying any excess.
2. in the event of cancellation not caused by hospitalisation or death, the amount will be reimbursed with the application of an excess equal to 20% of the amount.
In the event of illness or injury, Europ Assistance reserves the right to send its own doctor to certify that the conditions of the Insured Party are such as to prevent his/her travel.
Europ Assistance will not provide reimbursement in the event of:
a. misconduct on the part of the Insured Party;
b. causes that are not medical in nature, could be foreseen and/or were known to the Insured Party at the time of booking;
c. situations of armed conflict, invasion, acts by foreign enemies, hostilities, war, strikes, uprisings, popular tumult, acts of terrorism, earthquakes, volcanic eruptions, atmospheric phenomena classed as natural disasters, atom nucleus transmutation, radiation caused by the artificial acceleration of atomic particles;
d. bankruptcy of the Carrier or Travel Agency or Organiser;
e. epidemics classed as pandemics, of such a severity and virulence as to entail a high level of mortality or to require restrictive measures in order to reduce the risk of transmission to the civil population, quarantine;
f. causes or events that cannot objectively be documented;
g. deposits and/or advances that are not justified by penalty tax documents;
h. failure by the Insured Party to send the communication (pursuant to the section entitled OBLIGATIONS OF THE INSURED PARTY IN THE EVENT OF A CLAIM) before the travel/stay start date, except for cases of cancellation caused by death or hospitalisation of at least 24 consecutive hours (excluding day hospital and accident & emergency) of a Family Member.
Art.13. OBLIGATIONS OF THE INSURED PARTY IN THE EVENT OF A CLAIM
1. In case of cancellation of the VENEZIA UNICA CITY PASS the Insured Party shall:
-notify the Contracting Party of his/her formal renunciation to the use of the VENEZIA UNICA CITY PASS;
-file a claim within 3 days of the occurrence of the cause of the renunciation, and in any case within the date on which the Insured Party would have started to use the VENEZIA UNICA CITY PASS services, if the end of the 3 days period falls after said date. The claim may be filed by accessing the portal https://sinistrionline.europassistance.it and following the instructions (or accessing the website directly at www.europassistance.it - Claims section)
by writing to Europ Assistance - Ufficio Liquidazione Sinistri (Annullamento Viaggio) (Claims Liquidation Office (Travel Cancellation)) - Piazza Trento, 8 20135 Milan, Italy, or sending a fax to 0039.02.58.47.70.19 with the following information: first name, last name, address, telephone number, tax code; Europ Assistance card category; reason of the cancellation; place at which the Insured Party or persons causing the cancellation (Family Member, joint-owner of the associated firm/business) can be contacted; original documentation able to provide objective proof of the cause of cancellation; documentation showing the connection between the Insured Party and any party causing the renunciation.
If the cancellation is caused by illness and/or injury, the declaration must specify: type of pathology; pathology start and end.
Within 15 days of the above declaration, the Insured Party must also provide Europ Assistance with the following documents: in the event of illness or injury, medical certificate stating the date of the injury or onset of the illness, the specific diagnosis and days’ prognosis; in the event of hospitalisation, a complete copy of the clinical record; printable voucher with the list and costs of the purchased services.
Europ Assistance may request further documentation at a later date, in order to settle the claim; in this case, the Insured Party must supply it.
Breach of the obligations relating to the declaration of the Claim may result in the loss of a right to Indemnity, in accordance with Art. 1915 of the Italian Civil Code.
Art.14. EFFECTIVE DATE AND DURATION OF COVERAGE
The insurance coverage shall be effective as of the date of purchase of the VENEZIA UNICA CITY PASS and shall end, for foreigners, on the day of arrival in Italy; for Italians, on the day they enter the Municipality of Venice.
There shall be no tacit renewal.
Insurance coverage shall not include VENEZIA UNICA CITY PASSES purchased within 24 hours of arrival in Italy for foreigners, and in the Municipality of Venice for Italians.
Art.15. PROFESSIONAL SECRECY
The Insured Party releases any doctors, who may be appointed to examine the claim and who examined him/her before or after the claim, from constraints to professional secrecy with regards to Europ Assistance..