Private Joint Stock Company "European Travel Insurance", hereinafter - INSURER, publishes this comprehensive travel insurance Contract for travellers abroad Ukraine, hereinafter - the Contract, as follows:
Section 1. DEFINITIONS 1.1. The Insurer PJSC “European Travel Insurance” situated at the address: Ukraine, 04071, Kiev, 5 Spasska St., office 15, acting under the Licenses АГ №569332, АГ №569336, АГ №569337, АГ №569338, АГ №569339, issued by the State Commission for Regulation of Financial Services Markets of Ukraine on 18th of January 2011.
1.2. The Insurance Contract is a written treaty between the Insurant and the Insurer, which determines the Insurer’s responsibility to pay insurance compensation to the Insurant or other person determined by the Insurant in the Insurance Contract and for the benefit of which the Insurance Contract is concluded (to provide assistance, service etc.) in the event of the insured accident and the Insurant undertakes responsibility to pay insurance premiums in the determined terms and perform other conditions of the Contract.
1.3. Insurance coverage under this Contract provided according to the EU Council Decision 2004\17\EG on travel medical insurance
1.4. The Insurance Contract is comprehensive and contains the following types of voluntary insurance:
1.4.1. Section 2. Medical Expense Insurance,
1.4.2. Section 3. Accident Insurance,
1.4.3. Section 4. Public Liability Insurance,
1.4.4. Section 5. Trip Cancellation or Interruption Insurance,
1.4.5. Section 6. Luggage Insurance.
1.5. This Contract of Comprehensive Travel Insurance (hereinafter referred to as the Contract) shall guarantee to the Insured persons the possibility to obtain the first medical aid and other types of urgent treatment in the country of temporary stay in the event of the insured accident.
1.6. The Sections 1, 7-12 are general and extend on the whole Insurance Contract. The Sections 2-6 concretize the terms and conditions of the Contract on types of insurance.
1.7. The Insured person shall be understood as a natural person under the age of 75 years (on the date of the beginning of the trip) insured under this Contract. The Insured person may acquire the Insurant’s rights and obligations.
1.8. Members of the Insured person’s family shall be the Insured person’s husband/wife, children, parents, whole brothers and sisters.
1.9. The Insurance Sum shall be understood as a sum of money, within the limit of which the Insurer shall be obliged to make payment in the event of the insured accident according to the conditions of insurance. For certain types of insurance and services specified in this Contract, the relevant limits of insurance sum limits have been determined (liability limits). Amounts and currency of insurance sums are set forth in the Insurance contract.
1.10. Deductible shall mean a part of losses that shall not be compensated by the Insurer in accordance with this Contract. For certain types of insurance and certain insurance services, the amount of deductible shall be specified in the Contract.
1.11. The Insurance Premium (insurance payment) shall mean payment for insurance, which the Insurant shall be obliged to pay under the Insurance Contract. The Insurer shall have the right to apply charges or discounts for insurance premiums.
1.12. Charges shall be used in the event of insurance of persons aged between 65 and 75 years and persons, which during the term of validity of the Contract will be involved in professional or amateur sports, gainful occupation or active tourism: with use of mechanical, transport and other means of travel on land, water, underwater and in the air (except the cases when the Insurant paid for his/her travel in a passenger transport), also the use of animals for travel purposes and participation in various kinds of wrestling, boxing, mountaineering, skiing, cycling, boating, hiking, spelunking etc.
Section 2. MEDICAL EXPENSES INSURANCE DURING A TRIP2.1. The subject of insurance shall be the Insurant’s (Insured person’s) property interests that do not run counter to the Ukrainian legislation, connected with the necessity of compensate for medical expenses and/or organization and payment for health care, medical or posthumous repatriation
of the Insured to Ukraine or burial abroad, to the extent and in the manner prescribed by these Contract, if these events occurred during the period and in place provided under the terms of this Contract and if medical services, medical and transport costs were promptly agreed with the Insurer and/or Insurer’s assistance company and recognized appropriate and justified.
2.2. The insured event (insurance risk) shall mean a certain event, for the occurrence of which the insurance shall be provided and which have signs of probability and randomness of arising. The insured event (insurance risk) shall be the event which have taken place during the period and on the territory of validity of the Insurance Contract, namely:
2.2.1. visiting of medical institutions and medical assistance to the Insured person during the period of the Insurance contract in connection with an acute illness or injury, poisoning, the result of an accident, to receive medical care and health services within the limits and to the extent of insurance programs hereunder;
2.2.2. claim of Insured’s heirs in case of death of the Insured due to sudden illness or accident during the period of the Contract, to cover the costs of repatriation of the Insured.
2.3. The insured accident shall mean documentary confirmed expenses for payment of cost of medical and other services stipulated by the Insurance Contract, provided to the Insured person as the result of the insured event.
2.4. Program А shall include the following list of services:
2.4.1. arrangement and payment of cost for provision of first (emergency) aid in place of accident, primary diagnostic actions, provision of medical aid with use of medicines in dosages necessary for the condition of the Insured person;
2.4.2. arrangement and payment for medical service and outpatient-policlinic treatment; testing in the extent necessary for diagnosing; doctor’s consultations;
2.4.3. arrangement and payment for the services connected with in-patient treatment, that is: doctor’s consultations, diagnostics, treatment, urgent surgical interference, medicamental provision, stay in standard wards, nourishment according to the standards approved in a certain medical institution. The Insurer shall pay for treatment abroad within the limits of his responsibility (insurance sum), established by the Contract, only up to the time when the Insured Peron’s state of health, by the doctor’s decision, permits to evacuate him to the country of permanent residence;
2.4.4. payment for medicines used for emergency medical treatment or compensation of expenses in the event of selfpurchase of medicines prescribed by the doctor in the drugstore;
2.4.5. payment for urgent dental health service in amount not exceeding 1% of the sum insured under Medical Expense Insurance, namely: dental examination, X-Ray examination, tooth extraction or filling caused by acute inflammation of tooth soft tissues and/or adjoining tissues or craniocerebral trauma induced by an accident;
2.4.6. arrangement (if necessary) and payment for transportation of the injured Insured person to the medical establishment in cases when the Insured person is unable to move by him/herself;
2.4.7. arrangement and payment for in-patient treatment of the Insured in hospital during up to 15 days after the end of period of insurance, if it is necessary for medical reasons;
2.4.8. arrangement and payment for package of services connected with transportation and medical accompaniment of the Insured person, which is on inpatient care, from abroad to the medical institution nearest to the place of permanent residence, if there are medical indications for further inpatient treatment. The medical evacuation of the Insured person shall be performed only by consent of the Insurer. The Insurer shall not compensate for the expenses for prolongation of the
treatment and rehabilitation of the Insured person after his return to the country of permanent residence. If the doctor, authorized by the Insurer, deems that evacuation of the Insured person is possible and the Insurant (Insured person) refuses it, the Insurer shall immediately discontinue payment for treatment of the Insured person;
2.4.9. arrangement and payment for package of services connected with transportation of the body (repatriation) of the Insured person to the custom border of the country of his/her previous permanent residence. The indispensable condition for arrangement of repatriation shall be providing by the relatives of the diseased Insured person of the application that confirms their intention to take possession of a body after it crosses the border;
2.4.10. payment for burial of the Insured person in a country of place of death. Burial in a foreign country of the Insured person's body shall be carried out only with the consent of the Insurer. In the event of burial of the Insured person in a country of place of death, the maximum amount of insurance compensation (liability limit) shall be established in the amount of 10% of the sum insured under Medical Expenses Insurance.
2.4.11. compensation for expenditures for telephone contact of the Insured person or the person representing his/her interest with the Insurer in order to inform about the insured accident. The maximum sum of such compensation shall not exceed UAH equivalent of 100 EUR/USD at the National Bank of Ukraine's exchange rate on the date of insurance payment.
N.B. In the event that the Insurant pays for the medicines, prescribed by the doctor, in a drugstore and for the first medical aid by himself, the Insurer shall compensate for such expenses of the Insurant (Insured person). 2.5. Program В shall include the services indicated in Program A and additionally provides the following services:
2.5.1. arrangement and payment for transportation of the Insured person in economy class to the country of permanent residence after in-patient treatment after the end of insurance period. In this case Insured person should pass to the Insurer unused ticket or means returned by the carrier for
cancellation of transportation due to illness;
2.5.2. *payment in amount not exceeding USD/EUR 75 per 24 hours and for a period not exceeding 5 days for the prolonged staying of the Insured person abroad after expiration of the Insurance contract if after being discharged from the hospital the Insured person cannot return to the country of permanent residence.
2.5.3. *payment in amount not exceeding USD/EUR 75 per 24 hours and for a period not exceeding 5 days for the prolonged staying in a hotel abroad of one Insured person’s attendant after expiration of the Insurance contract if the Insured Person receives inpatient care;
2.5.4. compensation for economy class return ticket and staying in a hotel within the period up to 5 days in amount not exceed USD/EUR 75 per 24 hours of one of the adult close relatives of the Insured person, provided the latter stays of Insured person in a medical institution of the country of temporary stay for more than 5 days;
2.5.5. *arrangement and payment for travel costs connected with return to the country of permanent residence and, if necessary, accompaniment of the Insures person’s children aged under 16 in the event of the Insured person's hospitalization or death;
2.5.6. payment for travel costs of the Insured person's attendant to the country of permanent residence in the event of the Insured person's hospitalization or death.
2.5.7. payment for costs of search and rescue of the Insured person in mountains, at sea, in desert, jungle or other remote places. The maximum amount (limit) of reimbursement for search and rescue operations shall be up to 10% of the sum insured under Medical Expenses Insurance.
N.B. In the event that the Insurant (Insured person) pays for the mentioned services by himself, the Insurer shall compensate to the Insurant (Insured person) for such expenses in Ukraine. 2.6. Program C shall include the conditions of the Program B and additionally provides the following services:
2.6.1. compensation for transportation (up to USD/EUR 200) to the nearest service center of the Insured person's car that went out of service and cannot be safely used as a result of a sudden breakdown or traffic accident;
2.6.2. reimbursement for travel costs of the insured driver and passengers in order to return to the country of permanent residence in the event the Insured persons' car was stolen or it went out of service because of traffic accident and cannot be safely used. Reimbursement is made for the costs for travel in economy class by regular public transport, except for air transport and taxi not exceeding USD/EUR 200 per each of the Insured persons.
2.6.3. compensation (up to USD/EUR 200) for repair of a sudden breakdown or a damage inflicted to the Insured person's car as a result of traffic accident or reimbursement for keeping the car at the guarded parking lot provided the car cannot be repaired;
2.6.4. compensation for costs of the lawyer’s services on protection the Insured person's rights after traffic accident. The maximum amount (liability limit) of reimbursement for the services specified in this item shall not exceed 10 % of the sum insured under Medical Expenses Insurance;
2.6.5. The insurance terms and conditions under the Program C shall apply only to the Insured persons travelling by their own car in a proper technical condition, the service life of which shall not exceed a term of 5 years (that is determined from the release date).
2.7. The reasons for refusal of medical insurance payment.
The Insurer shall not pay and reimburse for the losses inflicted by the following illnesses and events:
2.7.1. treatment of chronic diseases, congenital anomalies (hereditary defects), deformations and chromosomal abnormalities;
2.7.2. neoplasms, endocrine diseases, diabetes;
2.7.3. nervous system diseases (excluding neuritis), mental diseases and traumatic injuries caused by them;
2.7.4. venereal diseases, immunodeficiency states, AIDS;
2.7.5. diseases of blood system and blood-forming organs;
2.7.6. epidemic and pandemic diseases;
2.7.7. acute and chronic forms of radiation sickness;
2.7.8. pregnancy (with the exception of extrauterine pregnancy), child birth, abortions;
2.7.9. any health disorders, complications or death caused by failure to fulfill medical advice and also consequences of side effects of the medicines that were not prescribed by a physician, side
effects of food additives;
2.7.10. different types of viral hepatitis, tuberculosis or the consequences (complications) caused by them;
2.7.11. diseases and disorders of organs of hearing, excluding their acute forms;
2.7.12. fungus and skin diseases, allergic dermatitis of any origin, first and second degree solar burns;
2.7.13. diseases that happened before the insurance period and/or in the territory of the permanent place of residence and that resulted in medical or additional expenditures during the travel, as well as diseases that happened after return of the Insured person from the travel;
2.7.14. further treatment of the Insured person if he/she refuses medical evacuation to the place of permanent residence;
2.7.15. medical examinations, except for those caused by acute pain, sudden disease or physical injury, also the services which do not really require medical treatment or urgent medical aid; the
services not envisaged by the prescribed treatment, as well as rendering the additional services (e.g. personal ward, telephone, television set etc.);
2.7.16. services that can be postponed until the time of return, including surgical operations which can be replaced by the conservative therapy until the end of the trip etc.;
2.7.17. preventive vaccinations, medical examinations and laboratory tests which bear no relation to the insured accident;
2.7.18. all types of plastic and cosmetic operations and treatments, also all types of prosthetics and organs transplantation;
2.7.19. dental health service excluding specified in p.2.4.5 (relieving acute pain);
2.7.20. physiotherapy and alternative medical treatment;
2.7.21. acquisition and repair of accessories (cardiostimulators, glasses, contact lenses, hearing aids, inhalers, prosthetic devices, crutches, wheelchairs, measuring equipment etc.), acquisition of restoratives, personal hygiene substances and baby food;
2.7.22. artificial fertilization, sterility treatment, medicines preventing pregnancy;
2.7.23. treatment of alcoholism, drug addiction, etc., including the treatment of abstinence syndrome;
2.7.24. medical evacuation, repatriation or burial abroad arranged without the Insurer’s written consent;
2.7.25. travel costs provided the travel purpose was to receive medical treatment;
2.7.26. self-medication and treatment carried out by spouses, parents or children.
2.7.27. need for personal care, nursing and security;
2.7.28. costs for prolonged treatment of the Insured person after her/his return to the place of permanent residence, the costs covered by social, medical insurance and other security shall be not reimbursed;
2.7.29. costs stipulated by the items 2.5.1. – 2.5.7. and 2.6.1 – 2.6.4 shall be not reimbursed provided they are incurred by the Insurant (Insured person) without previous consent with the Insurer.
2.8. Insurant’s (Insured person’s) actions in the event of insured accident demanding medical aid:
2.8.1. In the event of the insured accident demanding medical aid or other help provided under the terms of this Contract:
Immediately contact the Insurer’s Assistance partner by the phone number (considering the country of your staying):
MESA Asistencia +3 491 387 30 33 Andorra
Greece
The Dominican Republic
Spain
Italy
Portugal
France
Latin America
EuroAlarm Assistance +420 221 860 652 Other countries
and report:
- Name and Last name of the Insured person;
- Contact phone number;
- Location (country, city, hotel etc.);
- Number of the Insurance contract;
- Inform what has happened and what kind of help do you need.
N.B. In this case the cost of provided medical and other services will be paid by Insurer according to the Insurance contract2.8.2. If you don’t have the possibility to contact the Assistance Partner or situation requires to make an immediate decision relating the need for urgent medical or other assistance:
Independently address for help to the nearest medical institution or a doctor and
- Show your Travel Insurance Contract (insurance policy)
- If required, pay for the rendered urgent medical and other services
- Get all checks, receipts, and other proper documentation (see paragraph 2.8.4), justifying the fact of disease and amount of medical expenses
- Submit to the Insurer the Claim on compensation and documents provided by the Insurance Contract.
N.B. Attention!!
- In case of inpatient treatment it is necessary to inform the Insurer’s assistance company and agree upon the cost during 48 hours from the moment of hospitalization;
- In case of outpatient treatment if its value exceeds 1000 euro - agree upon costs with assistance company of Insurer before payment.
2.8.3. In other cases Insurant (Insured person) shall notify the insurer of the insured event no later than 30 calendar days from the date of its occurrence.
2.8.4. In case the Insured person pays for his medical services himself he/she should receive the following documents in the medical institution:
- Certificate-invoice from the medical institution (on a letterhead or with the appropriate stamp) indicating: the patient’s surname, exact diagnosis, date of addressing for medical aid, duration of treatment, detailed data on provided medical services, diagnostics, prescribed medicine with indication of their amount and cost;
- Doctor’s prescriptions for the Insured person for purchase of medicines with indication of the name of each medicine;
- Detailed invoices for other services broken by their date and cost;
- Documents confirming the fact of payment for medicines, provided medical and other services (cash settlement documents, sales receipts, bank receipts etc.);
- Invoices for telephone calls (facsimile messages) with indication of a telephone number, date, time and cost of each call.
2.9. Terms and conditions of insurance payments:
2.9.1. Insurance compensation for medical services or other services stipulated by the Contract, arranged by the Insurer for the Insured person shall be performed by the Insurer without participation of the Insured person under the accounts drawn to the Insurer.
2.9.2. In case the Insurant (Insured person) pays for medical or additional services, the Insurer shall compensate for their cost on the basis of the application, which should be submitted within 30 calendar days after the end of trip or treatment, for insurance compensation and the documents specified in the items 2.9.4 and 10.9.
2.9.3. If on the d ate of expiration of the term of the Contract, the Insured person is still staying abroad and his state requires first medical aid, but according to the medical report the person does not subject to repatriation (transportation) to the country of permanent residence, the Insurer shall
reimburse for the costs of further urgent inpatient treatment of the Insured person abroad for the term not exceeding fifteen calendar days, provided such costs do not exceed the limits of insurance sum.
2.9.4. In the event of traum a, traffic accident or breakage of the car, by which the Insurant (Insured person) traveled, the official protocol drawn in the country of temporary stay or certificate of accident, containing the following information, shall be additionally submitted to the Insurer:
- names of officials who certified the accident and their respective powers;
- addresses and/or telephone numbers of the persons who certified the accident;
- detailed description of the accident and responsibility of the Insurant (the Insured person);
- the state of health of the Insured person (possible alcoholic, drug or toxic intoxication).
2.9.5 In case the Insurant claims the damage inflicted by traffic accident or car breakdown, he/she shall provide the Insurer with the technical inspection conclusion.
2.9.6 In view of various circumstances of the accident, the Insurer shall have the right to require additional documents in order to prove the fact and circumstances of the insured accident and to determine the amount of the insurance compensation.
Section 3. ACCIDENT INSURANCE DURING A TRIP 3.1. The subject of insurance shall be the property interests with regard to the Insured person's life and health that do not run counter to the Ukrainian legislation currently in force.
3.2. The insurance beneficiary shall be the legitimate heir.
3.3. The accidents shall be understood as a sudden, short-term, unintentional event that has actually happened to the Insured person irrespectively of his/her will and resulted in his/her health disorder (traumatic injury; accidental acute poisoning by poison plants, chemical substances (industrial or
domestic), food products of bad quality, except for food poisoning (salmonellosis, dysentery), medicines; vernal encephalitis (encephalomyelitis) or poliomyelitis; rupture (injure) of organs or their deletion as the result of wrong medical manipulations, or death of the Insured person
3.4. The insured accidents shall be as set forth below:
3.4.1. temporary deterioration of the Insured person's health as a result of the accident;
3.4.2. primary disablement of the Insured person caused by the accident;
3.4.3. death of the Insured person because of the accident.
3.5. Exception to the insured accidents, except for the event mentioned in the items 10.14 and 10.15, shall be illness of the Insured person (except for tetanus and hydrophobia).
3.6. Actions in the event of the insured accident. In the event of the insured accident the Insurant, Insured person or the person representing the Insured person’s interests shall immediately perform the actions stipulated by the item 2.8 of this Contract.
3.7. Terms and conditions of insurance payment:
3.7.1. The Insurant (Insured person) shall submit to the Insurer all the necessary documents within the period of 30 (thirty) days after the end of travel or medical treatment in order to take the decision on insurance payment
3.7.2. The Insurer shall take the decision on insurance payment on the basis of the documents specified in the item 10.9, also on the basis of the following documents:
- the document certifying the identity of a person and his/her right to receive insurance payment;
- official report or certificate proving the fact of accident;
3.7.2.1. in the event of temporary deterioration of the Insured person's health as a result of the accident
certificate issued by a medical institution which includes the name of the Insured person, diagnosis, date of request for medical aid, duration of treatment (except for period of rehabilitation treatment) signed and sealed by the person in charge (a physician), also bear the stamp of a medical
institution;
3.7.2.2. in the event of primary disablement of the Insured person caused by the accident:
conclusion of the medical and social expert commission that the Insured person shall be assigned primary disablement as a result of the accident;
3.7.2.3. in the event of death of the Insured person caused by the accident:
- copy of the death certificate;
- copy of the inheritance certificate;
- other documents that may be required by the Insurer.
3.7.3. The Insurer shall make insurance payment to the Insurant (Insured person):
3.7.3.1. in case of temporary deterioration of the Insured person's health – 0,5% of the insurance sum per each day of health deterioration (proved by documents), but not more than 30% in general;
3.7.3.2. in case of primary disablement:
І disability group – 100% of the sum insured under Accident Insurance;
ІІ disability group – 75% of the insurance sum insured under Accident Insurance;
ІІІ disability group – 60% of the insurance sum insured under Accident Insurance;
3.7.3.3. in the event of death of the Insured person – 100% of the insured under Accident Insurance to the Insurance beneficiary.
Section 4. PUBLIC LIABILITY INSURANCE 4.1. The subject of insurance shall be the property interests of the Insurant (Insured person) relating to his/her liabilities for any damage undeliberately inflicted to the life, health or property of the third persons during travel abroad (except for travels with the aim of moving to another place of permanent residence) in the territory covered by the Insurance Contract.
4.2. As per the terms of public liability insurance, the insured accident shall be understood as an event when the third parties make their claims to the Insurant (Insured person) for compensating for the losses inflicted by the latter as a result of undeliberate and careless actions.
4.3. The general public liability insurance sum is specified in the Insurance Contract. The Insurer's limits of liability are set forth below (percent of the public liability insurance sum indicated in the Insurance Contract):
4.3.1. inflicting the damage to the third parties' property – 30%, including the limit of liability in the amount of 1% of the insurance sum in the event of unintentional damage of the rented sports equipment;
4.3.2. causing the damage to life and health of the third persons – 70%, up to 5% of which is paid as compensation for pain and sufferings of the third person as the result of unintentional actions of the Insured person.
4.4. Provided the services of an interpreter [translator] or a lawyer are required by the Insured person to protect his/her rights during administrative or civil proceedings, the Insurer shall reimburse for their services the following amounts:
- interpretation [translation] services – up to 10% of the insurance sum;
- lawyer services – up to 10% of the insurance sum;
- provision of the targeted reverse financial assistance in case the state authorities of a country of temporary stay request to grant a bail – up to 10% of the insurance sum;
4.5. Expenses that shall be reimbursed by the Insurer:
4.5.1. Provided the insured accident entailing public liability happens to the Insured person, the Insurer shall consider the lawful requests to reimburse the following:
4.5.1.1. actual losses as a result of partial damage or destruction of property, which are determined as set forth below:
- destruction of property – in the amount of its actual cost minus depreciation and deductible;
- partial damage of property – in the amount of expenses required to bring property into initial condition before the insured accident minus depreciation and deductible;
4.5.1.2. damage inflicted to life and health of the third person within the aforementioned limit, but not exceeding:
- cost of medical treatment;
- part of salary of the injured party (in case of death) provided the latter had the persons under his/her care who were deprived of such part of salary;
- funeral expenses – in the event of the injured party's death;
4.5.1.3. damage unintentionally inflicted to the rented sport equipment during active rest, which is determined as set forth below:
- destruction of equipment – in the amount of its actual cost minus depreciation and deductible;
- partial damage of equipment – in the amount of expenses required to bring sport equipment into initial condition before the insured accident, but not exceeding its actual cost minus depreciation and deductible;
4.5.1.4. part of expenditures relating to the protection of civil rights of the Insured person provided the legal proceedings were instituted against the latter, in particular:
- cost of interpretation [translation] services (if necessary);
- lawyer services;
granting a bail to release the Insured person from custody provided the state authorities of a country of temporary stay request for such a bail. The Insurant (the Insured person) shall confirm in writing that the Insurer's authorized person granted a bail and undertake to repay this sum to the Insurer within the period of 30 (thirty) calendar days after he/she returns to Ukraine. In case the Insured person (the Insurant) fails to repay the bail amount in full scope within the mentioned period, the Insurer shall have the right to enforce the bail amount by means of legal action.
4.5.2. In any case the deductible shall be deducted from the amount of insurance compensation. The amount of deductible shall be determined as a percentage of the amount of damages under the certain claim, and stated in the Insurance Contract.
4.6. Expenditures, damage and losses that shall not be reimbursed by the Insurer. In compliance with terms and conditions of public liability insurance of the Insurant (Insured person), the insured accidents shall not include the following:
4.6.1. deliberate damage inflicted by the Insurant (the Insured person) personally or in conspiracy with the third party;
4.6.2. losses caused by contractual, economic and criminal responsibility of the Insurant (the Insured person) to the third parties as well as damage to the environment;
4.6.3. damage or losses caused by the Insurant (the Insured person) by means of using any type of a motor vehicle;
4.6.4. damage or losses inflicted to the Insurant's (the Insured person's) family members;
4.6.5. fines, penalties or other financial sanctions whatsoever, which are not directly caused by damage to the health or property of the third parties;
4.6.6. losses exceeding the amounts and sums stipulated by the current legislation of Ukraine and/or a country of temporary stay, also exceeding the insurance sum specified in this Contract.
4.6.7. damage or losses inflicted by means of taking part in sport competitions, during preparation for such competitions or caused by active rest;
4.6.8. damage or losses caused by the productive or occupational activity, physical labor or criminal actions of the Insurant (the Insured person);
4.6.9. damage or losses caused by a fact, situation or circumstances known to the Insurant (the Insured person) before the insurance period, or with regard to which the Insurant (the Insured person) could have anticipated the possibility of instituting the legal proceedings against him/her;
4.6.10. moral damage or damage inflicted to the image or reputation of the third parties.
4.7. In the event of the insured accident, the Insurant shall take the following actions
4.7.1. In the event of the insured accident the Insurant (the Insured person) shall immediately, but not later than within three days since he/she has known or should have known about causing damage to the third party that may become the ground for instituting the legal action appears inform
the Insurer about such an accident and submit application with the following detailed information:
way, place and time of causing damage to the third party,
names and addresses of the persons who suffered damage,
names, surnames and addresses of the witnesses,
description of damages or losses resulting from the insured accident and their location.
4.7.2. The Insurant shall provide the Insurer with the documents mentioned in the item 10.9 of the Contract and other documents describing the insured accident (testimonial evidence, statement of the injured party, certificate issued by the police, proposals on peaceful settlement etc.),
undoubtedly proving the guilt of the Insured person and substantiating the amount of loss.
4.7.3. Provided the legal action is instituted against the Insurant (the Insured party), he/she shall immediately send to the Insurer copy of the letter, ruling of a court, plaintiff's claim, subpoena and any other documents whatsoever received in connection with legal action.
4.7.4. Provided the case is brought to the court, the Insurant (the Insured person) shall, at the request of the Insurer, authorize (empower) the latter to plead the case and represent his/her interests in all judicial authorities. The case shall be considered in line with the laws of Ukraine or a country of temporary stay of the Insured person. The Insurer shall have the right, but in no case shall be obliged to undertake or conduct defense against any claim on behalf of the Insurant and has free discretion to prosecute any actions and to settle any claims. Having taken the defense against the claim, the Insurer shall have the right to refuse such defense.
4.7.5. In compliance with this Contract, the Insurant (the Insured person) shall not have the right (without consent of the Insurer) to hold any negotiations with the plaintiff or his/her representatives concerning pre-trial settlement of the case, to reimburse for the losses, to recognize fully or partially the plaintiff's claims with regard to the insured accident, also (without consent of the Insurer) to assume any direct or indirect obligations concerning settlement of the case.
4.8. Terms and conditions of insurance payment
4.8.1. The insurance payment shall be made to the third party specified in court decision or to the Insurant (the Insured person) in case the latter (with the consent of the Insurer) personally compensated for the losses of the third party. The insurance sum, including all taxes, shall not exceed the public liability insurance sum specified in this Contract and the relevant liability limits of the Insurer.
4.8.2. Payment of insurance compensation shall be made in order of receipt of lawful claims for compensation of losses.
Section 5. TRIP CANCELLATION OR INTERRUPTION INSURANCE 5.1. The subject of insurance shall be the property interests of the Insured person relating to his/her losses caused by cancellation or interruption of the trip in accordance with the Insurance Contract or another document stipulating travel conditions.
5.2. The maximum insurance sum as per terms and conditions of insurance against trip cancellation or interruption under this Contract shall not exceed the equivalent of EUR/USD 10 000 (ten thousand) per each Insured person indicated in the Travel service contract.
5.3. The Contract of Comprehensive Travel Insurance, that includes the option of voluntary insurance against financial risk connected with the losses caused by trip cancellation or
interruption shall be concluded:
5.3.1. simultaneously with the Travel service contract.
5.3.2. only together with medical insurance, accident and liability insurance for damage inflicted to life or health or damage to property of third parties and can not be concluded separately from them, unless otherwise agreed by the parties;
5.3.3. not more than 120 calendar days before the date of beginning of a trip, unless otherwise agreed by the parties;
5.3.4. for the period of not less than 14 calendar days before beginning of the trip, unless otherwise agreed by the parties;
5.3.5. shall be concluded with the persons under the age of 75.
5.4. The insured accident shall be understood as a sudden, unforeseen and accidental event which happened before the date of trip and inflicted losses to the Insured person due to the impossibility to make a trip, namely:
5.4.1. death, sudden illness of the Insured person or his/her family member, namely: father, mother, husband, wife, children, his sister or brother, if the presence of the Insured person is required;
5.4.2. injuries of any complexity, provided physicians recommend to cancel the travel and undergo medical treatment;
5.4.3. destruction of the Insured person's property as a result of fire, environmental effects, intentional or unintentional actions of the third parties.
5.4.4. participation of the Insured person in legal action in case such an action coincides with the planned travel and the Insured person was not informed of it before the moment of conclusion of the Travel service contract;
5.4.5. failure to obtain an entry visa by the Insured person or his/her accompanying family members specified in the Travel service contract and accompanying the Insured person during the trip
5.4.6. delay in issuing visa to the Insured person or his/her family member who specified in the travel services contract and accompany the insured person while traveling, made by consulates of countries of travel destination, thus becomes impossible to travel in terms specified in the travel services contract.
Insurance contract under paragraphs 5.4.5 and 5.4.6 apply only to the residents of Ukraine and in cases when:
- the full package of required documents was submitted for registration to a consulate in due time;
- the Insured persons were not previously denied an entry visas.
5.4.7. missing a train or a flight from Ukraine for going on a paid travel as the result of accident, traffic or another accident or breakdown of a vehicle (except for taxi) used by the Insured person to get to the airport (railroad station), as well as the result of late arrival of flight (train) from another town;
5.5. The insured accident also shall be understood as a sudden unforeseen termination of travel as the result of accidental, unpredicted and unintentional event which happened during travel abroad and inflicted losses to the Insured person, namely:
5.5.1. death, accident or sudden health deterioration of the Insured person or his/her family member, namely: father, mother, husband, wife, children, his sister or brother;
5.5.2. destruction of the Insured person's property as the result of fire, environmental effects or unintentional actions of the third parties with causing losses;
5.6. The insured accident also shall be understood as a sudden unforeseen and accidental event which inflicted losses to the Insured person, namely:
5.6.1. missing a train or a flight from Ukraine as a result of traffic accident or breakdown of a vehicle (except for taxi) used by the Insured person to get to the airport (train station), provided the latter complied with the carrier's requirements and recommendations concerning the procedures and time of departure;
5.6.2. delayed flight (train) arrival in Ukraine caused by accident, traffic accident or breakdown of a vehicle used by the Insured person to arrive in Ukraine, which entailed the delayed local paid trip to the permanent place of residence.
5.7. Exceptions to the insured accidents and limitations of insurance. The insured accident shall not be subject to reimbursement in the following cases:
5.7.1. travel was not recommended due to the Insured person's health problems;
5.7.2. the reasons for canceling or pre-term termination of travel are chronic, mental and infectious diseases, transplantation of organs, immunodeficiency states, AIDS suffered before the date of conclusion of the Travel service contract;
5.7.3. cancellation or pre-term termination of travel is caused by the events and insured accidents, which are not specified in item 5.4 – 5.6 of this Contract.
5.7.4. Insurance against the events specified in the items 5.4 (subitems 5.4.1. – 5.4.8) becomes effective from 00.00 of the day following the date of the Insurance Contract conclusion and payment of insurance premium, up to 24.00 Kyiv time of the departure date according to the Travel service contract but provided the Contract is concluded not less than in 14 calendar days before the departure date.
5.7.5. Insurance against the events specified in items 5.5 and 5.6. becomes effective from 00.00 of the departure date until 24.00 Kyiv time of the travel termination date indicated in the Travel service contract.
5.8. Terms of the contract of trip cancellation or interruption insurance:
5.8.1. The term of insurance in part of trip cancellation (items 5.4.1-5.4.7) is a period from the date of signing this Contract before the date of beginning of the contract of comprehensive travel insurance abroad. The maximum term of the contract of trip cancellation insurance (items 5.4.1-5.4.7) can not exceed 120 calendar days, unless otherwise agreed by the parties. The minimum term of the contract of cancellation insurance (item 5.4.1-5.4.7) can not be less than 14 calendar days, unless otherwise agreed by the parties;
5.8.2. The term of insurance in part of trip interruption (items 5.5.1-5.5.2) is a term of Contract of comprehensive travel insurance abroad. The maximum term of interruption insurance (item 5.5.1-5.5.2) can not exceed 30 calendar days, unless otherwise agreed by the parties.
5.8.3. The term of insurance in part of travel delay (item 5.6.1.) is the date and time of departure, specified in travel documents from the airport, railway or bus station from the country of residence to the country of travel destination.
5.8.4. The term of insurance in part of travel delay (item 5.6.2.) is the date and time of departure, specified in travel documents from the airport, railway or bus station from the country travel destination to the country of residence.
5.9. In case of the insured accident, the Insured person shall act as follows:
5.9.1. In case of the event having the signs of an insured accident, the Insured person (or a person representing his/her interests) shall inform the Insurer about such accident within the period of 24 hours since the moment of any insured accident mentioned in the items 5.4 – 5.6 by the emergency phone as indicated in the Contract. In case the Insured person fails to inform the Insurer within the
mentioned period, he/she shall substantiate the reasons in writing. The application should include the nature and description of the insured accident, name, address and other contact information of the travel service provider, date of departure, cost of travel, amount paid to the travel service provider.
5.9.2. The Insurant (Insured person) shall submit to the Insurer within the period of 30 days since the insured accident (failure to obtain a visa or other reasons of refusal from the planned travel, termination of the travel or being late for flight (train)) all necessary documents that substantiate
reasons of the insured accident and amount of losses.
5.9.3. In case of death of the Insured person, the heir shall provide the Insurer within the period of 30 days since the date of accepting succession all necessary documents that substantiate reasons of the insured accident and amount of losses and documents confirming the right of inheritance.
5.10. Expenses that shall be reimbursed by the Insurer
5.10.1. The Insurer shall reimburse to the Insurant for that part of his assets that is not returned by the travel company in accordance with the rates of penalties stated by service providers.
5.10.2. Upon trip cancellation (p. 5.4 of the Contract) the amount of insurance compensation shall be calculated as the difference between actual costs of travel services incurred by the Insured, including travel tickets, prepaid accommodation, etc., and the sum turned by travel company in accordance with rates of penalties stated in the travel services contract.
5.10.3. In case of pre-term termination of the travel (item 5.5 of the Contract) – the sum of insurance compensation is calculated as the difference between actually incurred losses of the Insurant related to reservation of the package of travel services, including travel documents, advance payment for room etc, and cost of the consumed travel services. The Insurant shall also reimburse for additional expenses related to return travel of the Insured person in economy class within the unused part of the insured sum.
5.10.4. In the event the Insured person is late for the flight (train) from Ukraine (subitem 5.6.1. of the Contract), the Insurer shall reimburse for the reasonable expenses of the Insured person connected with dwelling, food and moving to the next airport (railway station) in the amount of EUR/USD 200;
5.10.5. In case of late arrival of flight (train), on which the Insured person has arrived to Ukraine (subitem 5.6.2 of the Contract), resulting in the Insurant being late for further paid travel directly to the permanent place of residence, the Insurer shall reimburse for the reasonable expenses of the Insured person connected with dwelling, food and travel to the permanentplace of residence in the amount of EUR/USD 100;
5.10.6. Deductible making up 10% shall be deducted from the amount of insurance compensation, unless otherwise provided in the Contract.
5.11. Terms and conditions of insurance payment.
The Insurer shall make insurance payment to the Insured person on the basis of the following documents:
- the Insurant’s person application for insurance payment;
- travel service contract with the travel service provider;
- checks, receipts that prove payment by the Insurant of the cost of the reserved travel services;
- documents issued by the travel service provider that prove reservation and payment for services of the Insurant (Insured person);
- documents that prove penalty sanctions as a result of cancellation of the travel issued by the transport enterprises, consulates, hotels and other organizations, the services of which are reserved and paid for the Insured person;
- documents issued by the travel service provider concerning the amount returned to the Insurant as a result of cancellation of the travel
- document certifying the identity of the Insurant (in case of death – heir) and a copy of the Certificate of issue of identification code
- in addition to the above mentioned documents, the Insurant should provide the Insurer with the documents corresponding to the insured accident, mentioned in the subitems 5.11.1 – 5.11.7;
5.11.1. in case of cancellation by the Insurant of the reserved travel as a result of trauma, illness, death (subitems 5.4.1 – 5.4.2 of the Contract): official certificate of trauma (illness, treatment) issued by the medical institution and medical prescriptions, copies of the documents that prove kinship of the Insured person and person, as a result of disease of which the travel is cancelled (if such person is not the Insured person). In case of death of the person – the certificate of death and copy of the certificate of inheritance shall be provided to the Insurer.
5.11.2. in case of cancellation by the Insurant of the reserved travel as a result of destruction of the Insured person’s property (subitem 5.4.3 of the Contract): standard certificate issued by
relevant authorities depending on the nature of the insured accident (law enforcement bodies, fire service, emergency services, communal services, hydrometeorological or seismological services etc.) that proves the fact of the insured accident and the list of damaged, destroyed or stolen property;
5.11.3. in case of cancellation of the reserved travel as a result of summon to the court of the Insured person (subitem 5.4.4 of the Contract): subpoena;
5.11.4. in case of cancellation of the reserved travel as a result of failure to obtain an entry visa or delay in issuing visa to the Insured person or any member of his/her family, indicated in the Travel service contract and accompanying the Insured person during the travel (subitems 5.4.5 and 5.4.6 of the Contract): official denial of an entry visa issued by a consulate (if any); referanse on the date of visa issuing, foreign passport (original) with the visa denial stamp;
5.11.5. in case of cancellation of the reserved travel as a result of the Insured person being late for the flight (train) from Ukraine (subitem 5.4.7 of the Contract):
- certificate issued by the carrier that indicated the reasons of delay;
- travel documents;
5.11.6. in case that the Insured person is late for the flight (train) or the flight (train) to Ukraine is delayed (subitem 5.6 of the Contract):
- travel documents;
- certificate issued by the carrier that indicates the time and reason of delay of the flight (train);
- checks, receipts etc. grounding additional expenses of the Insured person.
Section 6. LUGGAGE INSURANCE 6.1 The subject of insurance shall be the property interests of the Insurant (Insured person) not contradicting the legislation of Ukraine, relating to the possession, use and disposal of his/her luggage.
6.2 Insured accidents shall be understood as the expenses of the Insured person that resulted in his/her luggage loss, partial damage or destruction during his/her travel:
6.2.1. larceny, burglary or robbery;
6.2.2. traffic accident (any accident involving vehicles) or other accidents that happened to the Insured person;
6.2.3. hurricanes, unpredicted, sudden floods, including the consequences of precipitations;
6.2.4. fire, strikes of lightning, explosions.
6.2.5. luggage delay for the period of more than 6 hours since the time of arrival in a country of temporary stay;
6.2.6. loss of the documents abroad required for return to Ukraine;
6.2.7. robbery, stealing or loss of means of payment.
6.3. The Insurer shall indemnify for the expenditures caused by loss, partial damage or destruction of the Insured person's luggage in the following cases:
- the carrier was responsible for luggage;
- luggage was stored in a luggage office in hotels, boarding houses, holiday homes etc;
- luggage was stored in a locked room of a hotel, boarding house, holiday home etc.;
- luggage was stored in a locked vehicle (abroad) equipped with alarm system and left in the guarded parking lot or a garage;
- hand luggage that was damaged or lost while traveling by the carrier's transport (envisaged by travel service contract) with a group of tourists.
6.4. The Insurer shall indemnify (reimburse) for the following cases:
6.4.1. The Insurer shall reimburse for expenses caused by loss, destruction or partial damage of the insured luggage of the Insurant (Insured person) as a result of insured accidents stipulated by the subitems 6.2.1 – 6.2.4, within the limits of the insurance sum under luggage insurance minus deductible, the amount of which provided in the Insurance Contract. The expenses connected with repair, examination, storing and sending of luggage shall be included to the sum of insurance compensation.
6.4.2. The Insurer shall reimburse for the additional expenses of the Insurant (Insured person) as a result of luggage delay for a period of more than 6 hours since the moment of arrival to the country of temporary stay (subitem 6.2.5 of the Contract) shall be made within the limits of 10% of the luggage insurance sum.
6.4.3. The Insurer shall reimburse for the additional expenses of the Insurant (Insured person) connected with execution of the documents necessary for return to the country of permanent
residence (subitem 6.2.5 of the Contract) in full within the limits of the sum of luggage insurance.
6.4.4. Payment of lump-sum return allowance to the Insurant (Insured person) as a result of robbery, theft or accidental loss of means of payment (subitem 6.2.7 of the Contract) making up 10% of the sum of luggage insurance, but provided during 24 hours there is no opportunity to receive cash allowance from the bank, at which the corresponding account of the Insured person (Insurant) is opened. While receiving return cash allowance from the person authorized by the Insurer, the Insured person (Insurant) shall confirm in writing receiving of the return cash allowance and guarantee returning of it to the Insurer during 30 calendar days after return to Ukraine. In
case the Insured person (Insurant) cannot return the received return cash allowance in full in the indicated term, the Insurer shall have the right to enforce the amount of return cash allowance in a judicial procedure.
6.5. Exceptions to the insured accidents and limitations of insurance. No costs shall be reimbursed in case of the following:
6.5.1. carelessness or negligence of the Insured person;
6.5.2. improper packing (corking) or sending the damaged luggage;
6.5.3. lack of luggage for which the carrier was responsible, also lack of luggage stored in luggage offices in hotels, boarding houses, holiday homes etc., provided the packing is intact;
6.5.4. luggage delay for the period of less than 6 hours since the time of arrival in a country of temporary stay;
6.5.5. special properties or natural qualities of the insured luggage, its wear, poor quality due to natural causes, mould; electric or mechanical defects of audio or video equipment etc;
6.5.6. breakage or damage of faience, porcelain or glass articles, musical instruments and other fragile things;
6.5.7. damage caused by acids, paints, aerosols, medicines or other liquids transported in the luggage;
6.5.8. damage or destruction of sport equipment caused by its use;
6.5.9. failure of the Insured person to take necessary measures to prevent or decrease the amount of loss.
6.6. This Contract shall not cover the following:
6.6.1. fur wear, jewelry, printing devices, cinematographic, photo and video equipment, mobile phones or their accessories;
6.6.2. money, precious things, securities;
6.6.3. precious metals, precious and semiprecious stones;
6.6.4. antiques and unique items, works of art and collection items;
6.6.5. travel documents, any documents, slides, photos, film copies;
6.6.6. manuscripts, plans, charts, technical drawings, models and business documentation;
6.6.7. any prosthetic devices, contact lenses;
6.6.8. wristwatch or pocket watch;
6.6.9. animals, plants or seeds;
6.6.10. devices or means of motor transport, bicycles, water and air transport and spare parts for them;
6.6.11. items of religious nature.
6.7. Definition of terms:
6.7.1. collection – a set of similar things (postage stamps, calendars, badges, plants etc.) which may be of scientific, historical or artistic interest, also collected by amateurs;
6.7.2. unique – being the only one of its kind, having outstanding qualities, rare items and works of art;
6.7.3. antique – items made long time ago which may be of artistic or other interest;
6.7.4. spare parts – any units, details, components and accessories for motor transport, mechanisms, electronic devices etc.
6.8. In case of the insured accident, the Insured person shall take the following actions. In case of the insured accident with the insured luggage the Insurant (Insured person) shall:
6.8.1. Immediately after revealing the loss, partial damage or full destruction of luggage and delay inform about it the official representatives of the carrier, provided the latter was responsible for luggage (in all other cases the Insured person shall inform the local law enforcement bodies or other authorities by means of submitting the relevant application of loss, full or partial damage of the luggage);
6.8.2. Immediately after revealing the loss, partial damage or full destruction of luggage inform about it the authorized representatives of hotels, boarding houses, holiday homes etc., also representatives of parkings, garages and transport agencies;
6.8.3. In case of robbery, theft or accidental loss of means of payment – immediately address to the local law enforcement authorities with a written request;
6.8.4. Obtain the document province the facts of loss (damage, luggage delay) from the abovementioned authorities;
6.8.5. within 24 (excluding weekends and holidays) upon occurrence notify the insurer by the phone number:
+38 044 220 00 07 (in working hours from 09.00 to 18.00 Kiev time on Friday to 17.00); 6.8.6. take measures in order to rescue the damaged luggage and reduce the possible harm.
6.8.7. submit to the Insurer within 30 (thirty) calendar days after the end of travel all documents necessary to take the decision on insurance payment.
6.9. Terms and conditions of insurance payment
6.9.1. The Insurer shall make insurance payment on the basis of documents specified in item 10.9, also the following documents:
6.9.2. the list of luggage items that were lost, partially damaged or destroyed with the specification of their cost;
in case that the carrier was responsible for luggage:
6.9.3. ticket (original), which allowed the Insured person to travel by the vehicle;
6.9.4. luggage ticket confirming the carrier's responsibility for luggage;
6.9.5. copy of application submitted to the carrier concerning loss, partial damage or full destruction of luggage with theconfirmation of the carrier that he/she accepted the application;
6.9.6. documents proving loss, partial damage or full destruction of luggage (original report on causing damage during transportation), made by the authorized representative of the carrier;
6.9.7. copy of the carrier's decision to consider the luggage as finally lost (in case of luggage loss) after the search measures had been taken by the carrier;
6.9.8. copy of the carrier's decision to deny compensation of loss, partial damage or full destruction of luggage;
in case luggage was stored in the luggage office in hotels, boarding houses, holiday homes etc.:
6.9.9. receipt or other documents certifying that the workers of the luggage office in a hotel, boarding house or holiday home etc. were responsible for luggage;
6.9.10. official document issued by the workers of a hotel, boarding house or holiday home etc. certifying the loss, partial damage or complete destruction of luggage;
6.9.11. report or other official document certifying the loss, partial damage or full destruction of luggage issued by local law enforcement bodies on the basis of the Insured person's application;
in case luggage was stored in a locked room of a hotel, boarding house or holiday home etc., or in a locked vehicle equipped with alarm system left in the guarded parking lot or a garage:
6.9.12. ticket (original), which proves that the Insured person traveled by the carrier's vehicle (in case of the insured accident happened to the hand luggage during a travel);
6.9.13. document certifying the Insured person's residence in a hotel, boarding house or holiday home etc., or keeping his/her vehicle in a special parking or garage on legal grounds;
6.9.14. official document issued by workers of a hotel, boarding house or holiday home, parking or garage certifying the loss, partial damage or complete destruction of luggage;
6.9.15. report made by local law enforcement bodies on the basis of the Insurant's application on loss, partial damage or full destruction of luggage;
6.9.16. documents confirming the date and time of receiving luggage in case of delay;
6.9.17. other documents that may be required by the Insurer proving the insured accident and amount of loss (expenditures) inflicted.
6.10. The amount of loss shall be determined separately for each item of luggage (luggage place). The maximum insurance sum for all luggage shall not exceed UAH equivalent of EUR/USD 2000 (two thousand) at the National Bank of Ukraine's exchange rate at the moment of assessing the amount of loss. The amount of loss shall be determined taking into account the actual value of an item. The maximum insurance sum may not exceed the sum of luggage insurance.
6.11. In case the damaged item can be repaired and used in the future, the amount of loss shall be the repair cost. Provided the repair cost exceeds the cost of an item and the insurance sum indicated in the Contract, the insurance payment shall be made within the cost of an item, but not exceeding the sum insured.
6.12. If the stolen item has been returned to the Insured person, he/she shall return the received insurance compensation to the Insurer minus the item repair costs (if necessary). The insurance compensation shall be returned by the Insured person within the period of 15 (fifteen) calendar days after the stolen item had been returned.
6.13. In case that the Insured person received compensation from the third parties for loss or damage of his/her luggage, the Insurer shall pay the difference between the sum subject to compensation and the sum paid by the third parties.
6.14. Provided the items, which form a part of a set or kit, are lost, the amount of loss shall be the difference between the actual cost of this kit or set and cost of the survived items.
Section 7. GENERAL INSURANCE TERMS AND CONDITIONS 7.1. The covered territory shall be specified in the Contract as an individual country or geographic zone:
7.1.1. ЕUROPE: all countries within the geographic borders of Europe and also Algeria, Egypt, Israel, Morocco, Tunisia, and Turkey.
7.1.2. WORLD WIDE: all countries of the world.
7.1.3. As to medical expense insurance and public liability insurance, the exception shall be the territory of Ukraine and countries of permanent and predominant residence of the Insured person.
7.2. The Contract of insurance shall be concluded only before the beginning of travel.
7.3. Beginning and end of the period of validity of the Contract under the terms and conditions of the medical and public liability insurance:
7.3.1. The insurance shall become effective since the Insured person passes through the Ukrainian customs when traveling abroad, or at 00.00 Kyiv time of the day specified in the Contract (at the later date of the above), but not prior to paying the insurance premium.
7.3.2. The insurance shall become invalid once the Insured person passes through the Ukrainian border when returning to Ukraine, or at 24.00 Kyiv time of the day specified in the Contract (at the earlier date of the above).
7.3.3. Provided this Contract covers multiple travels, the Insurer shall bear responsibility for the total number of days of abroad stay specified in the Contract, within the period of insurance. During each travel abroad, the term of validity of this Contract shall be automatically reduced by the number of days spent by the Insured person in the territory covered by this Contract.
7.4. Under the terms and conditions of the accident insurance, the Contract shall become effective since the Insured person board on a vehicle in the point of start of the travel indicated in the Travel service contract and ends in the final point of travel indicated in the Travel service contract, on exiting a vehicle in Ukraine, unless otherwise is provided in the Contract.
7.5. Under the terms and conditions of the insurance against financial risks connected with losses because of cancellation of the travel or its pre-term cancellation, the beginning and end of the period of validity of the Insurance contract shall be mentioned in the subitems 5.7.4 and 5.7.5.
7.6. Under the terms and conditions of the luggage insurance during the travel, the Contract shall become effective since the moment, when the carrier becomes responsible for the luggage (handing over to a cloakroom, locking in a hotel room).
7.7. Amendments to the Contract and its termination. This Contract may be amended by mutual agreement of the Parties; all amendments shall be made in writing.
7.8. This Contract shall be terminated by mutual consent of the Parties and in the following cases:
7.8.1. expiry of the Contract;
7.8.2. fulfillment of the Insurer's commitments to the Insurant in full scope;
7.8.3. other cases envisaged by the Ukrainian legislation currently in force.
Section 8. ACTIONS IN THE EVENT OF THE INSURED ACCIDENT8.1. In the event of the insured accident demanding medical aid the Insured person should act in accordance with the conditions specified in paragraph 2.8 of this Agreement.
8.2. You can contact the Insurer to make a claim or receive information on following issues:
- in case of events that do not require medical assistance
- for receiving insurance payments,
- for advice on insurance,
- for other issues related to your Insurance contract by the phone number: +38 044 220 00 07 (in working hours from 09.00 to 18.00 Kiev time, on Friday - to 17.00)
8.3. In any case the Insurant (Insured person) shall inform the Insurer of the insured accident in the following terms:
8.3.1. In case of disease or accident:
- In case of inpatient treatment it is necessary to inform the Insurer’s assistance company and agree upon the cost during 48 hours from the moment of hospitalization;
- In case of outpatient treatment if its value exceeds 1000 euro - agree upon costs with assistance company of Insurer before payment.
- In other cases Insurant (Insured person) shall notify the insurer of the insured event no later than 30 calendar days from the date of its occurrence.
8.3.2. In case of damage to life or health or third persons’ property – not later than 3 calendar days since the date of the insured accident,
8.3.3. In case of cancellation or termination of the travel, delay – not later than 24 hours since the date of the insured accident, excluding weekends and holidays.
8.3.4. In case of luggage destruction, damage or delay – not later than 24 hours since the date of the insured accident, excluding weekends and holidays.
Section 9. GENERAL RIGHTS AND DUTIES OF THE PARTIES9.1. The Insurer shall:
9.1.1. inform the Insured person about provisions of the Contract and Regulations;
9.1.2. within two working days, as soon he becomes acknowledged with the insured accident, take actions as to execution of all documents necessary for timely insurance payment;
9.1.3. in case of the insured accident make the insurance payment or indemnify for the losses within the period specified in this Contract;
9.1.4. ensure confidentiality of the Insured person except for the cases envisaged by the Ukrainian legislation currently in force;
9.1.5. in case of insurance payment delay, pay fine to the Insured person making up 0,05% of the insurance sum for each day of delay, but not more than 10% of the insurance sum (insurance compensation);
9.2. The Insurer shall have the right to:
9.2.1. verify information provided by the Insured person essential for conclusion of the Contract;
9.2.2. submit requests to the relevant authorities in order to obtain information concerning the insured accident's circumstances;
9.2.3. demand the pre-term termination of the Contract provided the Insured person violated the Contract;
9.2.4. appoint medical commission to examine the Insured person or conduct any other examination of the insured accident (if necessary);
9.2.5. register telephone calls with regard to the insured accidents with the help of technical equipment;
9.2.6. use the Insured person's return ticket in case of pre-term termination of a travel and return to Ukraine;
9.2.7. refuse to make insurance payment in cases specified in this Contract and current Ukrainian legislation;
9.2.8. refuse to compensate for any indirect losses of the Insured person.
9.3. The Insurant (the Insured person) shall:
9.3.1. pay insurance premium in due time;
9.3.2. when concluding the Contract, provide the Insurer with all relevant information that is essential for assessment of insurance risk and inform about any possible changes of this risk in the future.
9.3.3. provide the Insurer with all documents required by the latter to take the decision on insurance payment (insurance compensation);
9.3.4. follow instructions of the Insurer with regard to medical or other services.
9.4. The Insurant (The Insured person) shall have the right to:
9.4.1. in case of the insured accident receive the insurance payment in amount and procedure of payment specified in this Contract;
9.4.2. request for the Insurer's instructions concerning the required assistance;
9.4.3. demand the pre-term termination of the Contract provided the Insurer violated the Contract;
9.5. The Parties shall bear responsibility for non-fulfillment or improper fulfillment of this Contract according to the legislation of Ukraine currently in force.
9.6. Apart from general rights and liabilities, this Contract shall stipulate additional rights and liabilities of the parties pertaining to separate.
Section 10. GENERAL TERMS AND CONDITIONS OF INSURANCE PAYMENTS AND COMPENSATIONS 10.1. Insurance payment shall be understood as a sum of money that shall be paid by the Insurer in compliance with this Contract in case of the insured accident. Insurance sum shall not exceed the amount of direct damage inflicted to the Insurant (the Insured person) or the expenses of the third
parties for assisting the Insured person, also sums and limits specified in this Contract.
10.2. Compensation for medical treatment and other relevant services rendered by the third parties shall be provided for them directly by the Insurer by means of cashless payment on the basis of receipts and in line with the Ukrainian legislation. In case the Insured person (the Insurant) has personally paid for the said services (at his/her own will or the request of the third parties etc.), such expenses shall be reimbursed by the Insurer in line with this Contract.
10.3. Insurance compensation for the unplanned personal expenses of the Insured person (the Insurant) shall be made in the territory of Ukraine exclusively in UAH. Conversion of
foreign currency spent abroad, also deductible and insurance sums to UAH shall be carried out at the National Bank of Ukraine's exchange rate set for the day of insurance payment.
10.4. The Insurer shall take the decision on insurance payment or its rejection within the period of 10 (ten) working days since the Insurant has submitted all required documents in line with
procedures for specific insurance types.
10.5. The Insurer shall make insurance payment within 5 (five) banking days since the decision on insurance payment (insurance compensation) has been taken.
10.6. Provided the grounds for insurance compensation and its legitimacy are doubtful, the Insurer shall have the right to postpone the insurance payment for a period not exceeding 45 (forty-five) working days in order to approve or deny such compensation.
10.7. The Insurer shall inform in writing the Insured person within 5 (five) working days from the moment of taking a decision about its refusal to pay insurance payment (compensation) or insurance payment delay and provide the appropriate motivation of the taken decision.
10.8. The insurance payment shall be made either from the Insurer's cashier's office or by any other means in compliance with the current Ukrainian legislation.
10.9. ATTENTION!!! The Insurant shall submit the following documents to receive insurance payment (general list of documents required for any of the insured accidents):
- written application complying with the Insurer's requirements,
- the Insurance Contract (original),
- copy of foreign passport (with entry visas or customs seals),
- copy of national passport
- copy of the identification code certificate,
- telephone bills indicating phone numbers and cost of the calls.
Some of the insured accidents require additional documents specified in the relevant sections of the Insurance Contract.
10.10. All documents submitted to the Insurer shall be legibly written or printed on the blanks signed by official persons and sealed, they should have name, address and phone number of the institution (person) that has issued them.
Receipts (invoices) and other financial documents confirming the expenses (bills, payment orders etc.) shall be original.
10.11. All documents, information and evidence shall be submitted to the Insurer free of charge.
10.12. The application for insurance payment shall be submitted to the Insurer not later than within 30 calendar days after expiry of this Insurance Contract. Other documents (compiled in a proper manner) with regard to the insured accident may be submitted to the Insurer within three years since the date of the insured accident occurrence. The documents shall be sent directly to the Insurer's office.
10.13. The insurance sum for each specific type of insurance should be reduced by the amount of insurance payment made by the Insurer. The total sum of insurance payments shall not exceed the sum specified in the main part of this Contract separately for each insurance type.
10.14. No costs shall be reimbursed in the following cases:The following are the grounds for refusal to make insurance payment:
10.14.1. deliberate actions of the Insurant (the Insured person) or his/her passive behavior that result in the insured accident, except for the actions necessary for self-defense (within reasonable limits) or protection of property, life, health, dignity or business reputation. The actions of the Insured person shall be assessed in line with the legislation of Ukraine currently in force.
10.14.2. deliberate provision by the Insurant (Insured person) of false information on the subject of insurance or the insured accident and amount of expenses;
10.14.3. impeding the Insurer's investigation of the circumstances, nature and amount of damage;
10.14.4. failure to timely inform the Insure about the insured accident without valid excuses or violating the terms of agreement upon the self-paid cost of services, and also failure to timely provide the Insurer with the documents required for insurance payment (insurance compensation);
10.14.5. non-fulfillment of commitments as per this Contract by the Insurant (Insured person);
10.14.6. failure to follow the Insurer's instructions in the process of settlement of the insured accident;
10.14.7. full reimbursement for the Insurant’s (Insured person's) losses by the person that inflicted such losses;
10.14.8. therapeutic recreation, rehabilitation, health resort treatment, spa and sanitary treatments;
10.14.9. diseases that result from mental reaction on military events, internal unrest, terrorist attack, plane crash or fears associated with such events;
10.14.10. chronic, mental illness, even if they occur periodically;
10.14.11. insurance of persons aged 65 to 75 years without any additional payment (margin);
10.14.12. other cases determined by the current Ukrainian legislation.
10.15. This Contract shall not cover the insured accidents caused by the following events:
10.15.1. public unrest, strikes or states of emergency, nuclear disasters or conflicts, ionizing radiation, use of nuclear, chemical or biological weapons;
10.15.2. committing suicide or attempting suicide by the Insured person (except for the cases when the Insured person was forced to act in this way due to illegal actions of the third parties).
10.15.3. commitment or attempts to commit illegal actions by the Insured person directly associated with the insured accident, established by the relevant authorities;
10.15.4. taking alcohol, drugs or toxic substances;
10.15.5. active participation in the war (declared or undeclared), civil war, war or hostilities;
10.15.6. self-exposure of the Insured person under unjustified risk, conscious danger (except in life-saving);
10.15.7. involvement of the Insured person in any dangerous activity, professional or amateur sport: mountaineering, diving, speleology, scuba diving, any forms of flight, winter sports, participation in contests, motor racing, and the highrisk kind of rest, including: using mechanical and other vehicles on land, water, underwater and in the air (except when the insurer paid the fare and he is a passenger of transport vehicle), ride on animals, biking, hiking and other similar types of recreation provided such risks were not included in the additional insurance premium.
10.15.8. The Insurer shall not indemnify for inflicting moral damage.
Section 11. FINAL PROVISIONS 11.1. Settlement of disputes. All disputes under this Contract shall be settled by means of negotiations. Provided it is impossible to come to terms by means of negotiations, the disputes shall be solved in compliance with the legislation of Ukraine currently in force, besides according to the
article 112 of the Civil Procedural Code of Ukraine the Parties agreed that the place of jurisdiction is the court in Kiev appropriate to the location of the Insurer.
11.2. The Contract of comprehensive travel insurance has been made in accordance with the Law of Ukraine "On insurance", the Law of Ukraine "On Tourism" and the provisions of "Regulations of voluntary insurance of medical costs" dated 04.12.06, "Regulations of voluntary accident insurance" dated 04.12.06, "Regulations of voluntary cargo and luggage insurance" dated 04.12.06, "Regulations of voluntary insurance against financial risks" dated 04.12.06, "Regulations of voluntary liability insurance to the third parties (except for liability of the owners of land, air and water transport and carriers' liability) dated 04.12.06.
11.3. After conclusion of this Contract, it may be changed and amended by mutual consent of the Parties (in writing) before its coming into force. As soon as the Contract enters into force, it shall not be subject to changes and amendments.
11.4. The Insured person or a person who rendered services to the Insurant shall be entirely responsible for proving the fact of the insured accident, amount of damage inflicted or impossibility to inform the Insurer in due time about it.
11.5. The copy of this Contract in the Ukrainian language shall have legal force. The Contract shall become valid since the moment of its signing by the Insurer (or his authorized person) and the Insurant.
11.6. All insurance terms, which are not defined in this Contract, shall be interpreted according to the Law of Ukraine "On Insurance”.
11.7. In accordance with the Law of Ukraine "On Personal Data Protection", the Insurant (Insured persons) is(are) informed that his/her (their) personal data (hereinafter - PD) is included to the PD databases of the Insurer for the purpose of contractual and business relations in field of insurance, health, statistics, archive-keeping, administrative relations, tax administration, financial monitoring and relations in the field of accounting, in order to prepare the documents within these relations as well as internal documents of the Insurer on enforcement of legally defined rights and responsibilities in the area of these relations. According to the Article 8 of the Law of Ukraine "On Protection of PD" the PD subjects are entitled:
- to know the location of database, which contains their PD, its purpose and the name, address of the owner or manager of PD;
- to obtain information on the conditions of access to PD, including information about third parties which receive their PD;
- to access their PD;
- to receive no later than 30 calendar days after the request, except cases provided by law, the response whether the PD is stored in the corresponding base of PD and get the content of their stored PD;
- to give a reasoned request with objection on handling their PD by government bodies, local authorities in the exercise of their powers as provided by law;
- to give a reasoned request to change or destroy their PD by any holder or manager of the database if the data processed illegally or are unreliable;
- to protect their PD from unlawful processing and accidental loss, destruction, damage due to willful concealment, failure or delay in its provision, as well as to protect from information th at is unreliable or discrediting the honor, dignity and reputation of a person;
- to apply for protection of its rights with respect to the PD to the government and officials which are authorized to protect PD, or to the court;
- apply remedies in case of violations of laws on the PD protection;
- to make exceptions concerning restrictions on the right to process their PD at the moment of consent;
- to recall the consent on processing of their PD;
- to know the mechanism of automatic processing of PD;
- for protection against automated solution that has legal implications for them.
11.8 In accordance with Article 12 of the Law of Ukraine “On Financial Services and State Regulation of Financial Services Markets” the Insurant (Insured persons) is informed on the possibility of obtaining the following information about:
- a service offered by the Insurer and its cost, terms of additional services and their costs;
- procedure of payment taxes and fees for the Insurant (Insured persons) as a result of concluding the contract of insurance;
- legal implications and the order of payments with the Insurant (Insured persons) who is a private person as a result of the early termination of the contract;
- mechanism for consumer protection and order of settling disputes arising from the provision of services (review of complaints of Insurants (Insured persons) is made by the responsible person of the Insurer, which is located at 04071 Kyiv, str. Spassky, 5, apt.15 or the Appeals Commission at the Ukrainian Insurance Federation at 03049, Kyiv, str. Nischinskogo, 6);
- details of the entity that provides state regulation of financial services (National Commission, which regulates the field of financial services, address: 01001 Kyiv, str. B.Grinchenko 3, tel. 234-02-24) as well as details of the Consumer Protection entity (the Department of Consumer Protection, 04071, Kyiv, str. Verhniy Val 42-A), information about the financial performance of the Insurer and its economic state, names of head executives of the Insurer;
- number of shares of the Insurer, owned by members of its executive body, and the list of persons whose shares in the authorized capital exceeds five percent.
The Insurant (Insured persons) has read and agree with the terms and conditions of insurance contract and insurance conditions and gives permission for the collection and processing of his/her(their) personal data.
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