Filodiretto Tour Insurance Conditions
FILODIRETTO TOUR Terms of Insurance Mod. 6001 (ED. 2018-01) Last Update 01/01/2018
SECTION 1 – MEDICAL EXPENSES
ARTICLE 1.1 – PURPOSE OF THE INSURANCE
Within the limits per Insured person of € 1.000,00 in Italy, of € 10.000,00 in Europe , of € 10.000,00 in the World and only for RUSSIAN FEDERATION of € 30.000,00 , the Company will indemnify verified and documented medical expenses incurred by the Insured person during the trip due to illness or injury to urgent or cannot be postponed surgical operation or care, resulting from injury or illness arisen during the period of guarantee. The guarantee includes:
- Any expense for hospital stays; – Any expense for surgical operations and doctor’s fees due to an illness or accident;
- Any expense for outpatient medical examinations, diagnostic and clinical tests (provided that they refer to the illness or accident reported);
- Any expense for the medicines prescribed by the local doctor (provided that they refer to the illness or accident reported);
- Any expense for urgent dental care, due to the accident, up to € 200.00 per insured party;
In case of hospitalization due to an accident or illness subject to indemnity pursuant to the policy, the Alarm Center, upon the request of the insured party, will proceed with direct payment of medical expenses.
Nevertheless, the Insured party will be charged, and will proceed with direct payment on site, of any amount exceeding the limits of liability provided in the policy and any relevant deductible.
For amounts exceeding € 1,000.00, prior authorization by the Alarm Center is required. Any medical expense incurred in Italy due to exclusively the accidents that occur during travel will be reimbursed up to € 500.00, provided that they are incurred within 60 days from the date of return.
ARTICLE 1.2 – DEDUCTIBLE AND FIXED EXCESS
To each accident a fixed deductible of € 50.00 will be applied; this deductible will be charged to the Insured party. To each accident with amounts exceeding € 1,000.00 in case of nonauthorization by the Alarm Center, a fixed excess corresponding to 25% of the amount to be reimbursed will be applied (the minimum amount applicable amounts to € 50,00). It is understood that no indemnity will be due for amounts exceeding € 1,000.00 if the insured party cannot demonstrate the effective payment of the medical expenses by bank transfer or credit card.
ARTICLE 1.3 – SPECIAL EXCLUSIONS AND LIMITS APPLICABLE TO GUARANTEES FOR MEDICAL EXPENSES
In addition to the exclusions under the Provisions applicable to the guarantees, any expense for dental, physiotherapeutic, nursing, spa, weight-loss treatment and for the elimination of congenital physical defects are excluded, as well as any expense for eye-glasses, contact lenses, prosthesis and therapeutic devices, beauty operations or applications. The insurance does not cover voluntary abortions, nor treatments or therapies or for fertility and/or sterility and/or impotence.
SECTION 2 – ASSISTANCE TO THE PERSON
Service activities reported in the guarantee for Assistance to the person are offered free of charge.
ARTICLE 2.1 – PURPOSE OF THE INSURANCE
If the Insured party runs into difficulties due to the occurrence of illness, accidents or fortuitous events, the Company will foresee to immediately making the services granted by the insurance available to the Insured party, within the terms provided in the policy and through the staff and equipment of the Alarm Center. The support provided may consist of cash or kind.
ARTICLE 2.2 – MEDICAL CONSULTATION RENDERED BY PHONE
If, due to illness or an accident, the health conditions of the Insured party need to be ascertained, the Company will make the medical service of the Alarm Center available to the Insured party for medical contacts aiming at the handling of the first medical emergency.
ARTICLE 2.3 – AVAILABILITY OF A DOCTOR IN ITALY IN CASE OF EMERGENCY
Should the Insured party, travelling in Italy, need a doctor and cannot locate one, the Company – through its Alarm Center – will make its medical assistance service available to the Insured party at night (from 8 pm to 8 am) and 24 hours a day on saturdays and holidays; this service ensures the availability of general practitioners, ready to intervene upon request. After the Alarm Center has been contacted and following a first diagnostic examination carried out by the internal doctor, the Company will send the necessary doctor free of charge. Should no doctor be promptly available and circumstances require one, the company will arrange and pay for the transfer of the Insured party to an emergency room by ambulance.
ARTICLE 2.4 – SUGGESTION OF A DOCTOR ABROAD
If, after any medical consultation (please refer to “Medical Consultation Rendered by Phone”) the Insured party needs a medical examination, the Alarm Center will suggest a doctor – if any – in the area of the Insured party depending on the local availability.
ART 2.5 – MONITORING OF HOSPITALIZATION
Should the Insured party be hospitalized, the medical service of the Alarm Center will be at his/her disposal to provide communication and updates on the course of the illness to the family members of the Insured party.
ARTICLE 2.6 – ORGANIZED MEDICAL TRANSPORT
Following any illness or accident suffered by the Insured party that causes infirmity or injuries that may not be treated on site or that preventcontinuation of the travel and/or of the stay, the medical service of the Alarm Center, after consulting the local doctor and if necessary/possible the general practitioner of the Insured party, will arrange – upon delivery to the Company of medical records released on-site stating the nature of the disease – medical transport/return of the Insured party. According to the seriousness of the health conditions, the Insured party will be transferred to the most suitable medical center or transferred to his/her residence. The medical service of the Alarm Center will decide how to arrange the medical transport; the following means may be used: – air ambulance – commercial flight – sleeping car – 1st class berth – ambulance – other means deemed suitable. According to the health conditions, the transport may be accompanied by doctors and/or paramedics of the Alarm Center. The return from non-European countries (such as any country outside Continental Europe, including overseas possessions, territories and districts), except Mediterranean countries, will be carried out using exclusively commercial flights. No medical service will be rendered if the Insured party or his/her family members decide to sign for voluntary discharge from the hospital despite the adverse advice of the medical staff of the facility where the insured party is admitted.
ARTICLE 2.7 – RETURN OF FAMILY MEMBERS OR TRAVEL COMPANION
In case of medical transport of the Insured party, of the corpse, or return of the convalescent, the Alarm Center will make arrangements, and the company will incur the costs, for the return of family members only if they are insured (flight in economy class or by train in 1st class) or one travel companion. The service will be rendered solely if the Insured party cannot use his/her own tickets.
ARTICLE 2.8 – TRANSPORT OF THE CORPSE
In case of death of the Insured party during travel and/or a stay, the Alarm Center will arrange transport of the corpse, carry out any formality required and pay any expense that is required and essential (after-death treatment, documents for the transport of the coffin), up to the place of burial in the country of residence of the insured party. The guarantee does not include the expenses for research, funeral, burial and possible recovery of the corpse.
ARTICLE 2.9 – TRAVEL OF A FAMILY MEMBER IN CASE OF HOSPITALIZATION
In case of hospitalized for more than 5 days of the Insured party, the Alarm Center will arrange, and the Company will pay, for travel (round-trip flight ticket in economy class or 1st class train ticket) as well as accommodation expenses up to a daily limit of € 100.00 and for a maximum of 10 days for one family member. The service will be rendered solely if no adult family member is already present on site.
ARTICLE 2.10 – ASSISTANCE TO MINORS
If, due to illness or accident, the Insured party cannot take care of his/her under-age children travelling with him/her, the Alarm Center will provide a family member or any other person as nominated by the Insured party or the spouse, with a round-trip flight ticket in economy class or 1st class train ticket, in order to reach the minors and take them home. The service will be rendered solely if no adult family member is already present on site.
ARTICLE 2.11 – RETURN OF THE CONVALESCENT TRAVELER
If the health conditions of the Insured party prevent him/her from returning to his/her residence using the means defined when the travel was arranged, the Alarm Center will make arrangements and the company – upon delivery to the Company of medical records released on-site stating the nature of the disease – will incur the expenses for a return ticket (round-trip flight ticket in economy class or 1st class train ticket). The service will be rendered solely if the insured party may not use his/her own tickets.
ARTICLE 2.12 – EXTENSION OF STAY
The Alarm Center will arrange an extended overnight stay for the Insured party, the family members or the travel companion, if insured, in the event of illness or accident of the Insured party, provided that this is demonstrated by a regular medical report and the company will incur the expenses for the overnight stay for a maximum of 10 days and anyway up to a daily limit of € 100.00.
ARTICLE 2.13 – URGENT DISPATCH OF MEDICINES ABROAD
The Alarm Center will arrange, if reasonably possible and in compliance with provisions concerning the transport of medicines and solely following a fortuitous event, accident or illness, the dispatch of the medicines required for continuation of the ongoing therapy if the Insured party cannot obtain these or equivalent medicines on site. In any case the cost of these medicines will be charged to the Insured party.
ARTICLE 2.14 – AVAILABILITY OF AN INTERPRETER ABROAD
If necessary and following hospitalization of the insured party abroad, or following legal proceedings for facts without malice aforethought against the insured party, the alarm center will arrange an interpreter – only in countries where its correspondents are present – and the company will incur the relevant fees up to € 1,000.00.
ARTICLE 2.15 – ADVANCE PAYMENT OF FIRST AID EXPENSES
If the Insured party incur unexpected expenses due to particularly serious events that can be demonstrated, the Alarm Center will proceed with the “on site” payment of invoices or with an advance of money to the insured party up to € 8,000.00 if an adequate guarantee is provided by any third party at home to cover the loan at once.
ARTICLE 2.16 – EARLY RETURN
The Alarm Center will arrange a ticket for the early return of the Insured party and the Company will incur the costs (flight ticket in economy class or 1st class train ticket) to his/her residence if in the country of residence, death occurs or there is an imminent danger of life to one of the following family members: spouse, child, brother/sister, parent, parent-in-law, brother-in-law, sister-in-law, grandparent, uncle, aunt, niece and nephew up to the 3rd degree of kinship. The service is effective for any material damage to the primary residence or holiday home, to the office or to the company of the insured party that requires his/her presence. Should the insured party have to leave his vehicle and return home earlier, the company will put a plane or train ticket at his/her disposal to go and retrieve the vehicle afterwards. The service will be rendered solely if the insured party may not use his/her own tickets.
ARTICLE 2.17 – TELEPHONE/TELEGRAPH EXPENSES
The Company will pay any proven expense necessary for contacting the Alarm Center up to € 100.00.
ARTICLE 2.18 – NOTIFICATION OF URGENT MESSAGES
Should the Insured party be in difficulty and be prevented from sending urgent messages to persons, the Alarm Center will arrange notification of these messages.
ARTICLE 2.19 EXPENSES FOR AID, SEARCH AND RETRIEVAL
In case of an accident or illness, expenses for search and aid are guaranteed up to € 1,500.00 per person, provided that such search is carried out by an official organization.
ARTICLE 2.20 – ADVANCE PAYMENT OF CRIMINAL BAIL ABROAD
The Company will proceed with the advance payment abroad of any criminal bail as required by local authorities to release the Insured party provisionally up to € 25,000.00. Since this amount merely represents an advance payment, the Insured party will nominate a person who will concomitantly deposit the same amount in the bank account of the company. Should the bail be reimbursed by local authorities, it will be promptly returned to the Company, which will then reimburse the abovementioned bond. This guarantee is not valid for facts connected with drug traffic or trade, or for the participation of the insured party in political demonstrations.
ARTICLE 2.21 – SPECIAL EXCLUSIONS AND LIMITS APPLICABLE TO GUARANTEES FOR ASSISTANCE TO THE PERSON
In addition to the exclusions under the Provisions applicable to all guarantees, the Company will not cover the expenses incurred by the insured party without prior authorization from the Alarm Center. Should one or more services not be rendered to the Insured party, the company will not indemnify the insured party for the non-rendered services, nor will it supply any alternative services by way of compensation. The company will not pay any reimbursement or indemnify in place of services when the services were provided by other insurance companies or institutions when they have not been previously requested through the Alarm Center or arranged by it. The reimbursement will be paid (up to the limits provided in this policy) if the Alarm Center, after having been contacted, has duly authorized the insured party to arrange the services of assistance on his/her own; in this case, the original documents supporting the expenses incurred by the insured party for the services rendered will be sent to the alarm center. Any infectious disease, should the intervention of assistance be prevented by international health provisions, excluded.
ARTICLE 2.22 – RESPONSIBILITY
The Company will not be responsible for any delay or obstacle that may arise while rendering the services of assistance in case of events already excluded pursuant to the General and Special Conditions due to: – any order issued by local authorities preventing the rendering of these services; – any fortuitous or unexpected event; – any cause of force majeure
ARTICLE 2.23 – TICKET RETURN
The Insured party will return non-used tickets to the company once the services have been rendered.
SECTION 3 – LUGGAGE
ARTICLE 3.1 – PURPOSE OF THE INSURANCE The Company guarantees, within the maximum limit of € 700,00 in Italy of € 700,00 in Europe and of € 700,00 in the World: – the luggage of the Insured party against the risks of fire, theft, bagsnatching, robbery, loss, breakdown and non-return by the carrier.
Within the above-mentioned limits of liability, but still up to € 300.00 per person, reimbursement of the expenses for reissue/duplication of the passport, identity card and driving license and/or nautical license due to the above-mentioned events; – Within the above-mentioned limits of liability, but still up to € 300.00 per person, the reimbursement of the expenses for the documented purchase of indispensable clothes and personal items incurred by the Insured party due to total theft of the luggage or its late return by the carrier at least 12 hours after the arrival of the insured party at destination.
ARTICLE 3.2 – SPECIAL EXCLUSIONS AND LIMITS APPLICABLE TO THE GUARANTEES FOR LUGGAGE
In addition to the exclusions under the Provisions applicable to all guarantees, the company will not cover the damages due to:
- fraud, offense, negligence of the insured party, as well as carelessness;
- insufficient or inadequate packaging, ordinary wear-and-tear, manufacturing defects and adverse climate circumstances;
- any break or damage to the luggage unless due to theft, robbery, bagsnatching or caused by the carrier; dtheft of the luggage from the vehicle that is not duly locked or theft of the luggage placed on motor-cycles or on external luggage racks. Any theft of luggage from 8 pm to 7 am is excluded unless the vehicle is duly locked and parked in attended car park;
- money, credit cards, cheques, shares and collections, set of samples, documents, plane tickets and any other travel document;
- jewels, gems, furs and any other valuable item left unattended;
- goods purchased during travel without regular supporting proof of payment (invoice, bill, etc.);
- goods – other than clothes, cases, bags and rucksacks – that have been given to any carrier, air carrier included; Notwithstanding the insured amounts and the maximum coverage of € 300.00 per item, reimbursement will be limited to 50% for jewels, gems, watches, furs and any other valuable item, photo-video equipment, radioTV sets and electronic devices. Photographic equipment (such as lenses, filters, flashes, batteries, etc.) are considered one single item
ARTICLE 3.3 – CRITERIA FOR REIMBURSEMENT
Any reimbursement will be settled, as an integration to the amount reimbursed by the air carrier or by the hotel owner liable for the event, up to the limit of the insured amount, on the basis of the as-new value of the items for the goods purchased during the three months before the damage (suitable proof of the purchase, such as invoice or bill, must be provided), otherwise the reimbursement will consider deterioration and the actual conditions of the items. As for the goods purchased during the travel, reimbursement will be settled only when adequate proof of their purchase is submitted by the Insured party. 17 ARTICLE
3.4 – OBLIGATIONS OF THE INSURED PARTY IN CASE OF AN ACCIDENT
The Insured party will not be entitled to any indemnity if he/she does not report the event producing the damage to the relevant authorities; the original copy of the report will be issued to the Insured party. For all damages that occur during the flight, the report must be done at the special airport office (P.I.R. – PROPERTY IRREGULARITY REPORT). Furthermore, the Insured party must submit a prior request for indemnity to the air carrier and must notify the Company of the original letter of reply by the carrier. The Company will proceed to reimburse the Insured party only after complete documentation necessary for evaluating the damage has been provided.
PROVISIONS APPLICABLE TO ALL GUARANTEES
ARTICLE 1 – EXCLUSIONS AND LIMITS APPLICABLE TO ALL GUARANTEES
No service will be provided for accidents that occur during or arising out of:
- wars, revolutions, riots, popular demonstrations, pillages, acts of terrorism or vandalism, strikes;
- earthquakes, flooding and other adverse weather conditions declared natural calamity, events occurred in connection with energetic adjustments or transformation of atoms, both natural and induced artificially. This exclusion does not apply to single cases, such as when weather hazards and social emergencies are not officially defined as such;
- fraud committed by the contracting or Insured party;
- travels against medical advice or, anyway, during a serious illness or for the purpose of undergoing medical/surgical operations;
- illness due to chronic or pre-existing diseases that the insured party was already aware of when he subscribed the policy. Relapses of pre-existing diseases, that were not predictable upon the reservation of touristic services or of the journey, are included;
- illness that may be connected with pregnancy complications beyond the 24th week;
- voluntary abortion, organ explants and/or transplants;
- non-therapeutic use of medicines or drugs, alcohol or drugs addiction, HIV-related diseases, AIDS, mental diseases and cerebral organic syndromes;
- sports activities, such as: mountain climbing including climbs exceeding the third degree, free climbing, ski-jumping and water ski-jumping, freestyle or extreme skiing, off-run skiing, bobsleighing, river canoeing exceeding the third degree, rafting, kite–surfing, hydrospeed, bungee jumping, parachuting, hang-gliding, air sports, boxing, wrestling, football, rugby, ice hockey, scuba diving, weightlifting. The following sports are included, provided that they are performed solely for leisure purposes: scuba diving, off-run skiing if authorized by relevant authorities, bobsleighing, rafting and kite–surfing – acts of imprudence;
- professional training for sports; participation in sports competitions, including trainings and trials supported by sports associations; competitions connected with leisure and/or games are included and considered as insured;
- racing with cars, motorcycles, motor-boats including water scooters, bobsleighs and relevant trainings and trials, unless connected with leisure; – infectious diseases if the intervention of assistance is prohibited by national or international health provisions;
- activities implying any direct use of explosives or firearms.
Guarantees are not provided in those Countries that are in belligerency state, declared or in fact, among which are considered those outlined at the website hiip://watch.exclusive-analysis.com/jccwatchlist.html that at the moment of policy issuing got a grade of risk of “4.0” or more. Moreover are considered in state of declared or concrete belligerence those countries of which their condition of belligerence has been made public.
ARTICLE 2 – EXCLUSION OF ALTERNATIVE COMPENSATION
Should one or more services not be rendered to the Insured party, the Company will not indemnify the insured party for the non-rendered services, nor supply any alternative services as compensation.
ARTICLE 3 – EFFECTIVENESS, APPLICABILITY AND DURATION OF GUARANTEES
Guarantees shall be effective from the date the trip begins (so the commencement date of the purchased tourist services) and shall cease at the end of these in any case they end at the 60th day from trip commencement date.
ARTICLE 4 – OBLIGATIONS OF THE INSURED PARTY IN CASE OF AN ACCIDENT
In case of an accident, the insured party must contact the company by telephone and in writing and must notify the company of the event in compliance with the requirements of each guarantee. Should the Insured party not meet his/her obligations, the indemnity may be reduced or cancelled pursuant to article 1915 of the Italian Civil Code.
Article 5 – TERRITORIAL EXTENSION
The insurance is valid in the country or in other countries where the travel is carried out as reported in the policy and where the Insured party has had the accident to be indemnified. Should the travel be made by plane, train, coach or ship, the insurance will be valid from the point of departure (airport, railway station, etc. of the organized travel) to the point of arrival at the end of the journey. In case of travel by car or by other means than the above-mentioned ones, the insurance will not apply to distances within 50 km from the place of residence.
ARTICLE 6 – DAMAGE PAYMENT CRITERIA
The payment of any contractually due sum will be made upon submission of the relevant original bills as duly receipted. Upon request by the Insured party, the Company will return the above-mentioned original documents, with an indication of the date of payment and the amount paid. If the Insured party submits the original bills to any third party in order to obtain a reimbursement, the Company will pay any contractually due sum on the basis of the evidence of the expenses effectively incurred, after the amount already charged to any third party. Any reimbursement will be made in Euro only. The Company will indemnify the Insured party only after submission of all the documents required for evaluation of the damage.
ARTICLE 7 – CONTROVERSY
Damages will be evaluated by the Company after direct settlement between the parties or, failing such a settlement, they will be defined by two experts respectively appointed by the parties. Failing settlement between the experts, they will appoint a third expert. Should either party fail in appointing its own expert or should the experts fail in agreeing upon the appointment of a third expert, the appointment will be carried out by the President of the Court having jurisdiction for the place where the company has its headquarters. Each party will be charged with the expenses for the relevant expert and with half of the expenses for the third expert. Resolutions will be issued by a majority, but no legal formality is required; resolutions will be binding for the parties, who hereby agree to waive any act of impugnation, except in the presence of cases of violence, fraud, error or breach of contractual obligations.
ARTICLE 8 – APPLICABLE LAW AND JURISDICTION
The parties hereby agree that this policy and any dispute arising thereof will be regulated in compliance with Italian law
ARTICLE 9 – FURTHER DOCUMENTS REPORTING THE ACCIDENT THAT MUST BE SUBMITTED
The Insured party expressly agrees that Nobis Compagnia di Assicurazioni is entitled, to simplify the payment of damages, to demand the submission of documents in addition to the ones required under each single guarantee/insurance. The non-submission of documents, regarding individual cases, may reduce or cancel the reimbursement.
ARTICLE 10 – OBLIGATIONS OF THE CONTRACTING PARTY
The Contracting party commit itself to: – insure with this policy all the customers that will buy a travel organized by themselves; – deliver at all Insured parties, in print and before the signing of the agreement, the Terms of Insurance relating to this policy and its glossary; – publish in catalogs the synthesis of the insurance coverage provided by this policy.
ARTICLE 11 – CLAUSE OF AGGREGATION
It is agreed that if an event involves more insured parties of the company, the maximum amount payable by the company itself shall not exceed the amount of € 300,000.00 per policy and per event. Should all the insured capitals exceed the limits above, the indemnity for each insured party shall be reduced accordingly.
ART. 12 – NON-PAYMENT – ALSO PARTIAL – OF THE PREMIUM
Where the Contractor does not pay the premium due, when the Contract is signed or two or more following premium’s instalments in the agreed time limits or if the Contractor doesn’t pay part of the variable premium as adjustment according to the modalities and within the time limits provided for or if the Contractor doesn’t communicate anything of the Variable Data or his/her communication is qualitatively and quantitatively incomplete or late as regards the contractual set terms, will the Company have the right to declare, with recorded delivery letter with advice of delivery, the suspension of the insurance coverage (except for the services of the “Assistance to Persons Guarantee”, where provided for) starting from the date of the receipt of the communication itself, bringing a default action against the Contractor. Within 15 days from the receipt of the above mentioned communication if this default of payment still persists will the Company declare according to the same terms the resolution of the Contract, considering this Contractor’s conduct a grave non-fulfilment of the obligations assumed under art. 1455 and following of the C.C. (Italian Civil Code), except any other right also on compensation for damages. The suspension and/or resolution of the effects of this Contract is effective and valid for the Contractor and the Insured Party and this last one will be duly informed by the Contractor of this circumstance, relieving the Contractor the Company of any prejudice deriving from the non-observance of this obligation.
In case of non – communication of the Variable Data of regulation or nonpayment of the adjustment’s premium under the agreed terms, it being understood the suspension of the guarantee, it remains explicitly agreed that the possible damages and accidents occurred during the period to which the non – regulation of the payments is referred will not be compensated and/ or liquidated by the Company to the Contractor and/or Insured Party.
Likewise – if at the realization of one of the events provided for by this article an immediate and complete definition of the indebtedness of the Contractor will not follow – will the Company pay off the damages later on and in proportion to the really registered takings.
ART. 13 – EFFECTS ON THE INSURED PARTY
The Contractor undertakes to inform the Insured Party at the moment of the policy adhesion, that the insurance guarantee of which in this Contract will be suspended by the Company, beside of the events foreseen by the current laws and regulations, when the events under art. 12 occur, that is for example in case the Contractor doesn’t make any communication of the Variable Data and/or makes it qualitatively and quantitatively incomplete or late as regards the contractual set terms; if such condition persists the Company is allowed to rescind the contract. And this also in case of nonpayment of the premium and/or of the premium’s following instalments at the right monthly deadlines, or of the due amounts as adjustment by the Contractor and in any case when the Contractor is in default regarding the obligations deriving from this contract.
The Contractor undertakes also to inform the Insured Party of what provided for by the last paragraph of the foregoing article and to release the Company from any responsibility deriving from any and any kind of request and / or complaint that the Insured Party should make.