The insurer guaranties:
2.1.1 the booking party, or those claiming under him, the reimbursement of any rental fee paid or 10 000€ whichever is the lower, in the event of cancellation for any of the following reasons:
a) serious illness or accident, or death of the booking party or his/her spouse/partner or any of their issue (or their spouses/partners), parents or siblings, or any of the persons detailed in the booking;
Serious illness or accident means a change in the state of health or injury to body which would give rise to the inability to leave the home or hospital or other place of treatment on the date of the start of the rental period and is justified by a medical certificate prohibiting the exercise of professional activity and prohibiting travel, and in the case of thermal cure treatments: justification that the entity that covers the person in relation to his/her medical cover will be responsible for all reimbursable expenses and the receipt of cancellation issued by the thermal cure centre. Changes in chronic conditions that prevent travel during the rental period are included.
Cancellations made due to unforeseen complications in pregnancy are only covered if the insured party is not more than 6 months pregnant at the time of subscribing to the insurance.
b) events causing significant damage to the residence or secondary residence or business premises belonging to an insured party arising before departure which imperatively requires his/her presence on the departure day;
c) inability to travel arising from : loss of employment (unless termination for fault) or the professional secondment of the insured party or his/her partner, providing that the notice of unemployment or secondment, postdates this contract of insurance, obtaining an employment or paid training position that begins before or after the rental period, if the insured person was registered as unemployed, providing always that the position is not an extension or renewal of a contract with a temping agency;
d) the inability of the insured party to get to the rental property by road or rail on the first day of the rental period or in the following 48 hours, arising from road blocks or strikes that disrupt traffic and are confirmed by the Town Hall or other competent authority of the District in which the rental property is located;
e) if the insured party is forced to cancel in the 48 hours immediately prior to or subsequent to the commencement of the rental period because of :
e.1 : absence or excess of snow: A claim under this head can only be considered if a snow bulletin has been issued by a recognised authority, and in relation to the resort itself or if the resort is not affiliated to a recognised weather authority, a bulletin in relation to the nearest affiliated resort as the crow flies;
“lack of snow” is established if in the 48 hours prior or following the beginning of the rental period, more than two thirds of the pistes of the resort are considered to be closed according to the snow bulletin referred to above;
This guaranty only applies between 15 December and 1 April of the following year and providing always that the insurance was not taken during the beginning of the season and the a lack of snow was already apparent;
e.2 : closure of the resort due to pollution or epidemic
Pollution or epidemic is established if there is a blanket ban on access within a perimeter of 5km around the site of the rental property issued by a competent (district or regional authority) during the rental period.
e.3 : as a result of natural disasters;
A natural disaster is defined by the law of 13 July 1982, or a forest fire that arises in the area of the site of the rental property and causes:
- a ban against any visit to the site, issued by the competent authority for all or part of the rental period;
- either a deterioration in the condition of the rental property or of its location such that would prevent the renter making normal use of the facilities and enjoyment of the environment that motivated the reservation. In the event of a dispute on this head the parties shall refer to the opinion of the local Tourist Office as to implications of the event in relation to tourism.
It is agreed that the risks covered under the head (e), are limited to 300.000 €uros in respect of all registered claims for each insurance year, and this applies regardless of the number of cancellations made.
In the event that the total amount of claims exceeds this limit, the insurer shall make an apportionment between each of the claimants without any preference neither in the order of treatment of claim nor categorisation of importance of risk..
f) inability to occupy the rental property due to an administrative or medical appointment or medical examination that cannot be altered;
g) inability to get to the rental property on the day of the beginning of the rental period as a result of the theft or attempted theft of a vehicle for which a report is made to the police or the inability to get to the site of the rental property as a result of a road traffic accident which immobilises the insured parties’ vehicle in the 48 hours prior to the beginning of the rental period, and is substantiated by an expert’s report;
h) if the insured parties holiday dates have been cancelled or modified by his employer.
2.2.2 The insurer will reimburse the rental value of any part of the rental period not used, within a limit of 10,000 €, caused by any curtailing of or delay in the start of occupation due to one of the circumstances detailed in paragraphs a) b) et e) of the conditions relating to cancellation above, for the avoidance of doubt, in the case of claims relating to a delay in the start of occupation, the causal event must have arisen within the five days prior to the programmed start of the rental period.
The insurer will cover the costs relating to the search and rescue by a competent authorised body, of the insured party, his/her spouse/partner, their ascendants or descendants or other person detailed in the reservation documents, on production of relevant proves of cost issued by such search and rescue body and up to a limit 3 000 €.
The insurer will cover :
2.6.1 The responsibility of renter
As a result of fire, explosion, water damage, or frost commencing in the property, the financial responsibility of the renter or the occupants pursuant to Articles 1732 to 1735 and 1302 of the Civil Code for damage caused to property or contents belonging to the proprietor of the rental property, the cost of alternative accommodation if the rental property is rendered uninhabitable as a result of a guaranteed event.
This guaranty is limited to a maximum of 1 500 000 € .
2.6.2 third party claims
As a result of fire, explosion, water damage, or frost first commencing in the property, the financial responsibility of the renter or the occupants pursuant to Articles 1832, 1383 and 1384 of the Civil Code for damage to property belonging to neighbours or other third parties arising from an incident for which the guaranties in the above clause apply.
This guaranty is limited to a maximum of 450 000 € .
2.6.3 responsibility for theft or vandalism
The financial responsibility of the renter or the occupants pursuant to Articles 1382, 1383 and 1384 of the Code Civil in relation to theft or acts vandalism.
This guaranty is limited to a maximum of 3 000 € in case of theft or vandalism.
Damage arising directly or indirectly from any of the following is expressly excluded from this contract:
- overseas war (the onus falls upon the insured party to prove that the claim arises under another head)
- civil war (the onus falls upon the insurer to prove that the claim arises from civil war).
- all consequences, direct or indirect arising from an explosion, rise in temperature or radiation resulting from a nuclear incident, radioactivity or exposure to any radioactive material or contamination of any biological or chemical nature.
- the use of any stupifiants not medically prescribed,
- accidents arising from any professional participation, in a sporting activity or competition and related preparatory training.
- un fait intentionnel de l'Assuré ou à son suicide ou tentative de suicide,
- any cosmetic, psychic or psychological treatment,
- mental, nervous or psychic illnesses,
- any illness, injury or pregnancy or other alteration in state of health of which the first symptoms arose prior to the reservation date, except as detailed in Article 2.1.1 above.
- medical prohibition on thermal spa treatment.
- any consequences of the flu virus A-H1N1
Additional exclusions in relation to the civil responsibility of the Occupant
- any damages that do not relate to the civil liability of the renter.
- any damage to the renter’s property,
- damage arising from deliberate acts, from cigarette (or other smoking device) burns,
- any damage caused by domestic animals under the renter’s responsibility,
- any damage caused by humidity, steam, condensation, or smoke,
- the malfunction of any apparatus provided for the renter’s use,
- any damage caused by lamps, fuses, electric or cathode tubes, cristal semi-conductors, other heating elements or heated covers,
- the cost of repair, unblocking, or replacement of plumping and appliances that form part of the heating and sanitary installation of the property.
- the theft of any property left on balconies, terraces and courtyards.
- the theft of property left in areas of the property in common use by a number of occupants, except in the case of forced entry.
- the theft or loss of the keys to the property,
- any damage suffered during any periods in which the property is occupied by persons other than the insured party or those persons authorised by him.
- Any damage arising from use of the property in a manner that is not consistent with the reservation contract,
- any contractual undertaking to the extent that the same exceeds the legal entitlement of the beneficiary under the normal operation of the law.
COURCHEVEL AGENGE -For BP 88 - 73603 MOUTIERS
Except where not possible due to a case of FORCE MAJEUR, the insured party should notify GSI Immobilier, within FIVE DAYS of becoming aware of the incident/circumstances giving rise to the claim. In order to be valid the declaration of claim should be accompanied by:
- in the case of illness or injury, a medical certificate that justifies the cancellation or interruption, the insured party agrees (failure to agree will invalidate any claim), to undergo a medical examination by the medical expert of the insurer if so requested and authorises the insurer to access his medical record ;
- in the case of death, the certificate of death ;
- in the case of theft, the original receipt of filing of charges or declaration of theft issued by the relevant police authority ;
- in all other cases, all such documents that justify the cancellation or interruption.
The claim should be submitted together with a copy of the reservation contract, as signed by both parties or other proof of the contract.
Cover under this contract begins at 0hr the morning after reception by the reservation company of the reservation contract duly signed and with payment of the deposit.
If the payment of deposit is not made or is rejected by the bank for whatever reason, the cover proposed by this contract is null and void , unless the booking party finalises payment within the timescale permitted by the law.
Pursuant to article L 121-12 of the Insurance Code, the insurer exercises the right of subrogation in respect of the rights and actions of the insured party in relation to his claim to the extent of the cover proposed under this contact.