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GENERAL CONDITIONS

GENERAL CONDITIONS (CG ALNV 08/2017) SKIPPER® CONTRACT n° EVT20171312, INSURANCE OF NAUTICAL LEISURES AND JOURNEY, AS INFORMATION NOTICE IN CONFORMITY WITH THE ARTICLE L 141-4 OF THE INSURANCE CODE.

Skipper® : Contract subscribed by Groupe C.S.A - Le Petit Pays – Montagnole – BP 80515 – 73005 Chambéry Cedex
Phone number : +33.(0)4.79.69.33.65 – Fax : +33.(0)4.79.96.07.09 
Email: contact@skipper.fr - Website: www.iskipper.fr

Groupe C.S.A. with a capital of 7.622,45 €
Le Petit Pays Montagnole BP 80515 - 73005 Chambéry Cedex
RSC Chambéry B390408805 – Financial guarantee and civil responsability professional certified to articles L530-1 and L530-2 of the Insurances Code.
Registration number to the Unique Intermediate of Insurance (ORIAS) : 07 009 182

With Groupe Special Lines on behalf of : 
Groupama Rhône-Alpes Auvergne. Caisse régionale d’Assurances Mutuelles Agricoles de Rhônes-Alpes Auvergne - 50 rue de Saint-Cyr - 69251 Lyon cedex 09 - N° de SIRET 779 838 366 000 28. Company regulated by the French Insurance Code and subject to the French Prudential Supervision and Resolution Authority (ACPR), 61 rue Taitbout – 75009 Paris.

French shall be the only language used for the understanding and enforcement of the full text of the general and special terms and conditions of this contract.

 

 

LEXICON 


ACCIDENT 

Any corporal damage, not deliberate from the policyholder, due to the sudden of external cause.

Are considered as accident :
- The asphyxia results, drowning or immersion hypothermia ;
- Poisoning or burns caused by gas, steam or by poisonous or corrosives substances ;
- Snakes bites, cases of rabies or anthrax caused by animals bites ;
- Attacks against the policyholder (bomb attack, hold-up, hostage-taking or kidnapping)
- Corporal damage caused by burns, electrocution, lightning ;
- Infectious stings and their consequences ;
- Sprains and their consequences. 

The following are not regarded as accidents :
- Ruptured aneurysm, myocardial infarction, cerebral embolism, epileptic seizure, meningeal hemorrhage, unless otherwise specified in Specific Conditions. 

THESE EVENTS MUST, ON MEDICAL PRESCRIPTION, FORBID TO LEAVE THE ROOM, FORBID TAKING PART OR CONTINUING THE TRIP.

AGGRESSION

Murder or attempted murder, assault or duly established threats.

THE INSURED

The insured is any person named in the application form or in a list annexed, who has booked a trip including the charter of the boat through a Tour-Operator, an Agency or a Hiring Company.

INSURER

Groupama Rhône-Alpes Auvergne. Caisse régionale d’Assurances Mutuelles Agricoles de Rhônes-Alpes Auvergne - 50 rue de Saint-Cyr - 69251 Lyon cedex 09 - N° de SIRET 779 838 366 000 28. Entreprise régie par le Code des Assurances et soumise à Autorité de Contrôle Prudentiel et de Résolution, 61 rue Taitbout – 75009 Paris (y compris pour les prestations d’assistance).

DAMAGE

The damage is any accidental material damage affecting the ship chartered except the spinnaker, the steering and its propulsion.

ENDORSEMENT

The endorsement is the document whish shows the modification of the reciprocal engagements and resulting of the contract.

BENEFICIARY

The beneficiary is the person who receives the sums owe by the Insurer.

Beneficiary for all coverage, (except in the event of the Insured’s Death):

The Insured victim of the accident.

Beneficiary in the event of the Insured’s Death:

Unless another person is appointed with the agreement of the Insured:

- if the INSURED is married: his/her spouse not legally separated due to his/her wrongdoings, nor divorced, failing this his/her children born or unborn, living or represented,

and failing this his/her heirs,

- if the INSURED is a signatory of a French civil solidarity pact (PACS), his/her partner, failing this his/her heirs,

- if the INSURED is widowed or divorced: his/her children, failing this his/her heirs,

- if the INSURED is single: his/her heirs

ANY PERSON WHO INTENTIONALLY CAUSED OR PROVOKED THE LOSS IS EXCLUDED FROM THE COVERAGE

CODE

This policy is governed by the Insurance Code.

LEASE

The lease is any document fulfilling its purpose of seasonal chartering engagement planning if the case arise, a payment of 30% when signing the lease and the payment of the settlement within four weeks before the departure of the trip including the charter of the boat.

PREMIUM

Amount paid by the Policyholder in return for the coverage granted by the Insurer.

FORFEITURE

The Insured loses his/her right to benefits.

DAMAGES

Loss or injury of any kind.

MAIN ANNUAL TERM

The main annual term is the date when are postponed the effects of the lease anniversary date regarding its term, the cancellation period of notice and the payment of the premiums.

BREAKING AND ENTERING

Any forcing, breaking, degradation, demolition, removal of walls, roofs, floors, doors, windows, locks and padlocks.

EXCLUSION

Event that is not covered and is considered when setting the rate.

DEDUCTIBLE

The amount that remains, in any event, for the Insured’s account out of the benefits due from the Insurer.

BENEFITS

Payment made by the Insurers following a claim in performance of the contract. The rules for calculating the benefits are set according to the special agreements, the annexes and the specific conditions.

EXCEEDING DAYS

The exceeding day is the price per day asked by the hirer following an exceeding of hiring time as planned in the lease.

ILLNESS

The illness is represented by any deterioration of health certified by a medical authority.

Are considered as illnesses :
- Nervous or emotional shocks, myocardial infarction, anguish ;
- Dermatitis, even resulting from external causes ;
- Varicose veins, sciatica, epilepsy fits if not traumatic, poliomyelitis or apoplexy attacks, fainting fits and their consequences, rheumatisms and aneurysm rupture ;
- The results of an effort or overwork and their consequences ;
- Sprained back, lumbago ;
- Hernias, excepted those resulting from a traumatism ;
- Congealing, congestion, sunstrokes and their consequences and generally the consequences of atmospheric effects, unless these pathological signs are consequences of an accident.

THESE EVENTS MUST, ON MEDICAL PRESCRIPTION, FORBID TO LEAVE THE ROOM, FORBID TAKING PART OR CONTINUING THE TRIP.

NULLITY

Penalty, which results in denying the existence of all or part of the contract. The contract (or clause) is deleted as if it never existed. If the contract is null and void, the Insurer refunds the premiums (except in cases where the Subscriber is subject to a disloyalty penalty) and the Subscriber reimburses the claims paid. 

CANCELLATION PERIOD OF NOTICE

This is the delay which has to be passed between the sending of the date, attested by the postmark, by one of the policyholder or one of the legal claimants, the decision to cancel and the date on which the cancellation is operative.

POLICYHOLDER

Contract signatory.

PRESCRIPTION

Extinguishment of the right, for both the Insurers and the Insured, to bring to court any action deriving from the insurance contract after a period whose starting point and duration are set by Article L 114-1 of the French Insurance Code.

TERMINATION

Termination of the contract, by decision of the Insurer or Subscriber.

RISK

Event likely to cause damage but also, property exposed to this event.

CLAIM

All damages likely to entail the coverage of the Insurers in performance of the contract and resulting from the same covered event.

PRODUCTOR – DISTRIBUTOR – INFORMER

They are represented by any Agency, broker, sailing management company or Tour-Operator who have included water leisure in their services.

SKIPPER

The skipper is the person named on the application form and the charter lease and/or on the logbook as responsible of the ship and of the crew members. He is the only responsible on board. He must, while enforcing the Shipping Regulation (Merchant Navy Code, Shipping Regulations Code, Orders of the Prefect, Official Forecast Recommendations) bring back the boat within the time limits and to the place agreed.

SUBSCRIBER

The policyholder, the natural or legal person who takes out the insurance contract.

SUBROGATION

Transfer of the Insured’s rights and actions to the Insurers to pursue those who, by their doing, caused him/her compensable damage in performance of the contract.

WEAR

Gradual deterioration of a piece, part of a machine or any physical element as a result of its use, whatever the origin and the process of this deterioration (physical or chemical).

TRAVEL

The travel represents all the collective activities (for all the members named on the application form) describe on the charter lease, including :
- The return journeys, from the policyholder place residence to the boarding port, by a public service of transport ;
- The stay in transit, on land, before and after the cruise ;
- The cruise from the boarding port to the port of arrival ;

The cruises can be organized by :
- a ship owner
- a charter
- a Tour-Operator

 

TITLE 1. THE CONTRACT

 

1.1 Formation and entry into force of the contract

 

The insurance contract is formed as soon as the parties agree. Signed by them, it states their mutual commitment.

The contract takes effect, upon receipt by the Groupe C.S.A. of the signed certificate of membership, together with the settlement of the premium.

1.2 Duration of the Contract

 

The duration of the contract is stipulated in the Specific Conditions.

1.3 Declaration on the conclusion of the contract and during the course of the contract – penalties

The contract is based on the declarations of the policyholder and the premium is set accordingly.

1.3.1. On the conclusion of the contract the policyholder must:

a) precisely answer the questions asked by the Insurer, in particular in the declaration of risk form in which he/she is questioned about the circumstances which may be required by the Insurer to assess the risks they are covering;

b) declare the existence of other contracts taken out with other insurers, covering the same risks for a same interest (simultaneous insurance referred to in Article L121-4 of the French Insurance Code).

1.3.2. During the course of the contract, the policyholder must:

a) inform the Insurer of any new circumstances that have the effect of either aggravating the risks or creating new ones, rendering the answers to the questions mentioned under 1.3.1.a) above inaccurate or invalid.

This declaration must be made, by registered letter, within two weeks from the moment the Insured has become aware of the new circumstances.

When this modification constitutes an aggravation of risk as referred to in Article L113-4 of the French Insurance Code, the Insurer has the option to terminate the contract.

The Insurer also has the option to propose a new premium amount to the policyholder.

If the policyholder refuses the Insurer's proposal or if he/she does not act on it, the Insurer may then terminate the contract.

The Insurer shall exercise their right to terminate under the conditions and within the time limits provided for in Section 4 below.

(b) if he/she enters into contracts with other insurers, covering the same risks for a same interest (simultaneous insurance referred to in Article L121-4 of the French Insurance Code), he/she shall immediately give each insurer the other insurers’ details.

c) inform the Insurer of the recovery or winding up of the Insured by decision of the court, within two weeks of the date of the ruling.

1.3.3. Penalties

Even if they have no influence on the loss:

(a) any intentional misrepresentation or non-disclosure on conclusion of the contract or during the course of the contract, when it changes

the nature of the risk or influencing the Insurers to reduce the risk, is penalized by the nullity of the contract, in compliance with

Article L 113-8 or L 121.3 of the French Insurance Code.

(b) an omission or inaccuracy in the declaration of the circumstances or aggravations referred to in points 1.3.1 and 1.3.2 above, shall not render the contract void if the bad faith of the Insured is not established.

If this omission or inaccuracy is noted before any claim, the Insurer may either maintain the contract for an increase in the premium accepted by the policyholder, or terminate it under the conditions and within the time limits provided for in

Title 4 below.

In the event that the recording takes place after a claim, the omission or inaccuracy is penalized by a reduction of benefits in proportion to the premiums paid compared to the premiums that would have been payable if the risks been declared correctly and completely (Article L113-9 of the French Insurance Code). The rate set as the basis for this reduction is applicable either on the date when the fact should have been brought to the attention of the Insurer if it is an omission, or the date on which the fact was notified to them if it is an inaccuracy.

1.4 Decrease in risk

 

In the event of a decrease in risk during the course of the contract, the Policyholder is entitled to a reduction in the premium amount.

If Insurer does not consent, the Policyholder may terminate the contract under the conditions and within the time limits provided for in Section 4 below.

1.5 Exceptional amendment

 

Depending on the technical or economic circumstances, the Insurer may have to amend the rates applicable to risks covered by the contract, starting from the renewal date regardless of the index rate.

The Policyholder will be notified by notice of payment which will mention the new premium.

The Policyholder may refuse to accept this amendment. He/she will then have to terminate the contract by registered letter addressed to Insurer within two weeks of the date on which he/she became aware of the amendment.

The termination will take effect one month after this letter has been dispatched.

The Insurer will be entitled to the portion of the premium calculated on the basis of the previous rate in proportion to the time elapsed between the maturity date and the effective date of termination.

In the absence of termination, the premium amendment will take effect from the maturity date.

1.6 Transfer of ownership

 

In the event of the death of the Insured or assignment of the insured property: the insurance continues by right to the benefit of the heir or the buyer, unless terminated. The transferor remains liable for the payable premium payments but is released of accruing premiums, even as guarantor, from the moment he/she has informed the Insurer of the assignment by registered letter (article L.121-10 of the French Insurance Code).

 

TITLE 2 – SUBJECT OF THE COVERAGE

 

The present application form aims to guarantee the policyholder, according to the options chosen and appearing on the application form :

 

2.1. GUARANTEE A: CANCELLATION & INTERRUPTION INDIVIDUAL AND /OR COLLECTIVE, SKIPPER REPLACEMENT, RE-CHARTERING : 

 

TO SUBSCRIBE NECESSARILY AT LEAST 15 DAYS BEFORE THE DATE OF THE BEGINNING OF THE JOURNEY AND THE RENT

2.1.1. The guarantee of cancellation includes the repayment of the cancellation fees for the travel under guarantee as provided in the charter lease and remaining on his/their duty :
- in case of cancellation by all the members, following an individual cancellation, on the application form,
- in case of individual cancellation, the cover is extended in proportion to the part of the travel price the member insured has to pay, individually, when he cannot take part in the guarantee cruise.
This guarantee is due only if the hirer has not been able to find another crew member.

2.1.2. The repayment for the individual or collective interruption fees of the cruise, in proportion to the part of the services remained unused, for the travel covered, as planned on the lease, between the beginning and the ending date of the trip, minus the possible cancellation fees.

2.1.3. The repayment to a limit of 100€ per day, for a professional skipper charges as well as his transportation costs (by the cheapest and fastest means of transport) in case of individual cancellation by the skipper named on the application form and if nobody is being able to take his place, the travel would be cancelled.

2.1.4. The payment of an additional re-chartering indemnity equal to 30% of the indemnity paid amount if after a cruise cancellation or interruption the policyholder gathers the three following conditions together :

- A new charter in the same booking company,
- Application to a new lease within 12 months of the cancellation date of the previous lease,
- Signing a new Skipper® cancellation contract.

The additional indemnity for the re-chartering as described above will only be granted after the full payment of the re-chartering.

BECAUSE OF ONE OF THE FOLLOWING REASONS:

- Death of the policyholder if not caused by an illness if the first symptoms have appeared before the signing date of the lease,
- Unknown illness of the policyholder when the lease and the application have been signed or an accident happening after the signing date,
- Death, illness or accident, in the same conditions, of the wife/husband of the policyholder, his parents or descendants, his wife/husband, his brothers and sisters, as well as anyone living in his house,
- Death, in the same conditions, of the policyholder’s son-in-law or daughter-in-law,
- Accidental material damage against the policyholder’s property and requesting absolutely his presence,
- The definitive non taking-off of a charter flight for any case of absolute necessity (breakdown, strike, lockout) excepted a non taking-off due to a shortage of passengers or a delay, whatever the reason, not exceeding 48 hours.
- Summons :

• Administrative (provided it was not known when signing the lease),
• Judicial (provided a postponement has been asked),
• Military, for a military reserve training,
• As a member of an assizes jury,
• A simultaneous strike in airway and railway companies when the policyholder hasn’t got any other ways of transports.

THE UNAVAILIBILITY OF THE PERSONAL MOTOR VEHICLE OF THE POLICYHOLDER IS NOT CONSIDERED AS AN OBSTACLE TO THE DEPARTURE, LIKELY TO BE COMPENSATED BY THIS CONTRACT, EXCEPTED IN CASE OF STRIKES, AS DESCRIBE ABOVE AND PREVENTING FROM MOVING THE VEHICLE.

- A professional impediment due to the illness, the accident or the death of the closest direct colleague of the policyholder,
- A professional impediment due to a modification or a suppression of the dates of vacation of the policy-holder by decision of his employer provided that the notification of the employer is posterior with the effective date of the guarantees other than the following socioprofessional categories: entrepreneurs, liberal professions, craftsmen and intermittent workers.
- A professional impediment moved by obtaining an employment or a training course remunerated starting before or after the dates of hiring, whereas the assured person was registered as unemployed provided that it is not about a case of prolongation or renewal of contract nor of mission provided by a corporation of temporary work.
- The impediment due to a Convocation for a retake exam of the Policy-holder following a failure unknown at the time of the reservation of the voyage (higher education only), the present exam must take place with the same dates as your stay.
- An impediment justified by a redundancy, the transfer of the policyholder or of his wife/husband, or due by the bankruptcy of the company managed by the policyholder.

TO BE GRANTED, THIS GUARANTEE MUST, IN CASE OF ILLNESS OR ACCIDENT, COME WITH MEDICAL PRESCRIPTION OCCASIONNED HOSPITALIZATION OR CONFINMENT TO THE USUAL PLACE OF LIVING AND FORBIDDING ANY PROFESSIONAL ACTIVITY.

In case of illness or accident, the policyholder agrees to release his doctor from medical secrecy and/or to obtain from the person responsible for the damage, the release of his usual doctor from the medical secrecy as well. No indemnity will be paid to the policyholder if our consulting doctor cannot get all the necessary medical information.

THE CANCELLATION GUARANTEE, AS DESCRIBED IN THE ARTICLE 1 IS ONLY EFFECTIVE IF THE APPLICATION FORM IS SIGNED AND SENT BACK WITHIN 30 DAYS OF THE LEASE SIGNING DATE.

 

2.2. GUARANTEE A BIS: WEATHER-RISKS, SKIPPER REPLACEMENT, REPAYEMENT FOR EXCEDING HIRING TIME, RE-CHARTING : 

 

2.2.1. An indemnity will be paid to the hirer, if, since the first day of his rent, in his starting port, the boat cannot sail following a 8 gale warning. This indemnity will be calculated on the base of the half hiring daily value and that till 3 days with a maximum of 900 €.

2.2.2. The repayment of the replacement fees of the skipper, including transport charges of the new skipper and the convoying of the boat, that is to say the quickest journey to take the boat in charge and continue the cruise if possible. The commitment of the insurance company could not exceed 100 € per day of hiring, from the date the boat is taken in charge by the new skipper to the end of the cruise.

2.2.3. The repayment for exceeding hiring time, on the base of an indemnity equal to the daily value provided for in the lease with a maximum of four days and up to a limit of 800 €.

BECAUSE OF ONE OF THE FOLLOWING REASONS OCCURING ONLY DURING THE CRUISE:

- Death of the skipper,
- Illness of the skipper, unknown when boarding, or an accident happened to him during the cruise,
- Death, illness or accident, in the same conditions, of the wife/husband of the skipper, his parents or descendants, his wife/husband, his brothers and sisters as well as anyone living in his house and not taking part in the cruise,
- Death of the skipper’s son-in-law or daughter-in-law,
- Accidental material damage to the skipper’s property and requesting his absolute presence,
- Material damage to the boat, due to a non deliberate mistake from the skipper and making it unsuitable for sailing (damage as described in article 1).

TO BE GRANTED, THIS GUARANTEE MUST, IN CASE OF ILLNESS OR ACCIDENT OF THE SKIPPER COME WITH A MEDICAL PRESCRIPTION OCCASIONNED TO HOSPTALIZATION OR PREVENTING THE SKIPPER FROM CONTINUING THE CRUISE.

2.2.4. This guarantee will provide the repayment up to a limit of 3.800 € per travel of:

- Search, assistance and rescuing costs, wherever paid, for whatever paid, for whatever insured accident endangering their life,
- Transport and repatriation fees from the place of the accident to the nearest and the most suited hospital.

The sums paid for the present guarantee could not exceed the real costs and come in complement of, if it happened, the sums already paid by any similar cover. The guarantee starts on the beginning of the travel date and is valid during the whole travel.

 

2.3. GUARANTEE B OR C: PROTECTION OF THE DEPOSIT FOR CRUISE, REGATA AND MOTOR BOAT :

 

If, on returning the hired boat, the hiring company notes one or several damage and therefore keep the policyholder’s deposit, we will take part in the repayment of the sums deducted by the hire company up to a limit of 80% of the hired boat’s deposit and up to 80% of the deposit of the hired boat and for a maximum of 5.000 €.
The chocks and collision on the line departure will be paid to 50% of their value.
This guarantee is exerted after a damage of the hired boat as described in the lexicon and according to the terms of the title 3.5.

2.4. GARANTEE B +: PROTECTION OF THE DEPOSIT FOR CRUISE FOR SAILING BOART ONLY :

 

If, on returning the hired boat, the hiring company notes one or several damage and therefore keep the policyholder’s deposit, we will take part in the repayment of the sums deducted by the hire company up to a limit of 100% of the hired boat’s deposit and up to 100% of the deposit of the hired boat and for a maximum of 5.000 €.
This guarantee is exerted only and stricly for hired boat.
This guarantee is exerted after a damage of the hired boat as described in the lexicon and according to the terms of the title 3.5.
Are excluded motor boats and hired boats taking part of regatas or competitions.

 

2.5. GUARANTEE D : ASSISTANCE TO THE BOAT : 

 

If following damage, the boat is not seaworthy, we take in charge:

- The towing and/or transport costs, to a limit of 500€ per event.
- The accommodation fees up to a limit of 50€ per person and per night, up to a maximum limit of 100€ per person.
Our total commitment on this guarantee should not exceed 40% of the deposit.

 

2.6. GUARANTEE E : PERSONAL ASSISTANCE IN THE WORLD AND GUARANTEE LUGGAGE, PERSONAL OUTFITS AND ITEMS : 

 

2.6.1. GUARANTEE LUGGAGE, PERSONAL OUTFITS AND ITEMS

We guarantee to the policyholder, up to a limit of 1.000€ per travel, the repayment of the things taken against any damage and/or thefts.
This guarantee applies to:
- Registered luggage and their contents, with the receipt of a transport company,
- The things or clothes carried separately, or worn.
The guarantee starts from the start travel date and lasts all during the cruise.

LIMIT OF THIS GUARANTEE :

The indemnity in case of guaranteed damage is based on the replacement value of the similar items, minus depreciation due to their use. Cameras, video cameras, radios and television sets and other valuable items are guarantee up to a limit of 30% of the insured “luggage capital”.

2.6.2. GUARANTEE PERSONAL ASSISTANCE IN THE WORLD

This guarantee is conferred by GROUPAMA ASSISTANCE.

IMPORTANT: TO BE GRANTED ALL THE ASSISTANCE GUARANTEES DESCRIBED BELOW, IT IS COMPULSORY TO CONTACT, PRIOR TO ANY INTERVENTION, GROUPAMA ASSISTANCE:

PHONE NUMBER : +33(0)1.45.16.64.85  

IN ORDER TO GET A FILE NUMBER WHICH WILL JUSTIFY THE INTERVENTIONS COVER, ANY FRAUD, FALSIFICATION OR FALSE EVIDENCE WILL AUTOMATICALLY LEAD TO THE NULLITY OF THE GUARANTEE.

In case of illness or corporal accident to the policyholder, immediately after the first call, the GROUPAMA ASSISTANCE medical team gets in touch with the doctor on the spot in order to act in the best suited conditions to the state of health. In any case, the organisation of first aid is supported by local authorities. The costs are not paid back by GROUPAMA ASSISTANCE.

Accompaniment during the transport or the repatriation of the policyholder works when GROUPAMA ASSISTANCE decides the transport to a better specified or equipped medical centre or, if it is abroad, to the nearest medical centre from his/her usual living place in European Union.

GROUPAMA ASSISTANCE organises and manages his/her evacuation to the seriousness of his/her state of health by:

- 1st class train, couchette or sleeping car,
- Hospital vehicle,
- Ambulance,
- Scheduled airliner, economy class,
- Hospital aircraft.

Repatriation from faraway countries will only take place on scheduled aircrafts, with special conversions if necessary. If needed, GROUPAMA ASSISTANCE organises and pays for medical transport when the policyholder is in health conditions to leave the medical centre, to his home in European Union, by the most suitable means according to GROUPAMA ASSISTANCE’s doctors. GROUPAMA ASSISTANCE’s doctors decide the kind of transport and the means to be implemented in accordance with the medical and technical requirements.

Accompaniment during the transport or the repatriation of the policyholder : when taken in charge by GROUPAMA ASSISTANCE, according to the conditions enumerated above, GROUPAMA ASSISTANCE allows another insured person to accompany the policyholder provided the accompanying person travels with him/her on the same ticket.
Repatriation of the policyholder’s corpse: if death happens during the travel, the transport of the corpse to the burial place in European Union is organised and paid by GROUPAMA ASSISTANCE. The coffin shall also be paid by GROUPAMA ASSISTANCE, up to a maximum of 500€. GROUPAMA ASSISTANCE is the only one to choose the companies used for the repatriation (funeral parlour, Transport Company…). All the other expenses (burial, funeral services…) shall not be reimbursed.

Repayment of the medical costs abroad: to implement the law in use, this repayment is a complement to the repayment the policyholder (or the part entitled) has already received from the social organisms the policyholder can benefit or any other provident society to which he complement the payment of these costs to the policyholder when is back to home, on presentation of all the original described above. The policyholder undertakes to do all the required procedures to obtain the repayment of his costs by these societies.

The following costs are repaid by GROUPAMA ASSISTANCE, up to a limit of 3.800 € and minus a franchise of 23 € excess (these arrangements concern the costs paid after an accident or an unpredictable illness that have occurred during the travel):

- Medical and hospitalization fees ;
- Medicines prescribed by a doctor or a surgeon ;
- Dental treatment, up to a limit of 50 € ;
- Local ambulance costs ordered by a doctor, local journey.

Return ticket for one of the policyholder’s relatives : if his health condition does not allow or does not require a repatriation, and if the stay in hospital on the spot should last more than 10 days, GROUPAMA ASSISTANCE offers free of charge return ticket on a plane in economy class, or on a first class train, to one of his relatives, living in European Union, to go to support him. Only the transport will be paid by GROUPAMA ASSISTANCE (not the stay or the hotel).
Early return in the event of the death of one of the policyholder’s relatives: in case of the death of one of the following persons, living in European Union (father, mother, parents-in-law, wife or husband, children, brother or sister), a one way ticket by plane, economy class or by first class train is at the policyholder’s disposal, from GROUPAMA ASSISTANCE, to attend the funerals at the burial place in European Union.

DIVERS ASSISTANCES 

Legal aid abroad: if the insured person is imprisoned or threatened to be imprisoned after a road accident, a lawyer shall be appointed and paid by GROUPAMA ASSISTANCE, up to a limit of 800 €.

Bail in a foreign country up to a limit of 7.600 €.

If the policyholder is imprisoned or threatened to be imprisoned after a road accident, GROUPAMA ASSISTANCE lends the bail. The policyholder has got 3 months to pay the sum back to GROUPAMA ASSISTANCE, from the date of the loan.

If the local authorities repay for the bail before the third month, the sum should immediately be reimbursed to GROUPAMA ASSISTANCE. If the policyholder is summoned to appear in court and does not show, GROUPAMA ASSISTANCE will immediately demand the repayment of the bail. If the bail is not repaid within three months, legal action should be taken.

Passing on urgent messages: messages or news from the policyholder to anybody remained in France, could be passed on by GROUPAMA ASSISTANCE, by the quickest ways and free of charges, if the policyholder wishes so.
Usually, the passing messages on somebody are subject to:

- A justification of the demand,
- A message in clear terms,
- The exact name, forename, full address and if needed the telephone number of the person to be contacted.
Any text entailing a civil, commercial of financial liability is passed on under the policyholder’s responsibility.

2.6.3. GUARANTEE LIMIT

When repatriation or a transport is organised by GROUPAMA ASSISTANCE, and if because of the event under guarantee GROUPAMA ASSISTANCE does not need to change the return date previously planned by the policyholder, of if the dates on the ticket can be changed, GROUPAMA ASSISTANCE can ask the policyholder to use his ticket. If not possible, and when GROUPAMA ASSISTANCE has paid for the policyholder repatriation: the insured person has to give GROUPAMA ASSISTANCE the unused ticket.

 

2.7. GUARANTEE F  : INDIVIDUAL MARINE PROTECTION : 

 

In case of guarantee accident by this contract, we reimburse the policyholder or his/her beneficiaries up to a limit of the following amounts:

- Decease : 50.000€
- Disability : 150.000€
- Medical fees : 1.000€
- Day indemnity : 120€

The day indemnity can only be paid to the policyholder who has a wage-earning professional activity and be stopped of work by decision of a doctor or to the policyholder who has a non-wage-earning professional activity and being hospitalized or has to keep staying the room by medical prescription. In any case, the adding indemnity versed to the one the policyholder could have from the social security or any insurance organism is limited to the real income of he. This daily indemnity will be paid after a stoppage of work up to 30 days and for a last of maximum 365 days.
In case of death, we guarantee the above capital to the limit of 24 mounts, starting from the day accident. The complete or permanent disability is paid to the policyholder by the insurance company according to the following rates specified by the disability degree. This guarantee lasts until the end of the insurance year during which the policyholder is 70 years old and for the accidents that have happened worldwide. The scale used to calculate the disability degree is at your disposal at Groupe CSA’s address.

 

 

TITLE 3 – EXCLUSIONS

 

3.1. EXCLUSIONS FOR ALL GUARANTEE (EXCEPT FOR THE PERSONAL ASSISTANCE GUARANTEE):

 

The guarantee is never valid for:

- Death of the policyholder due to a illness if the first symptoms have appeared before the signing date of the lease,
- Accidents, redundancy, professional transfer, bankruptcy of a company known by the policyholder before the signing of the lease,
- Illnesses medically noticed before the signing of the lease,
- Disabilities known by the policyholder before the signing of the lease, as well as their consequences or worsening.

The policyholder never gets received compensation for the consequences of an accident or an illness due to:

- A war, civil war, cataclysm, his taking part in mass movement, riots, murders attempts or attacks, hold-up, hostage-taking, settling of scores, fight (except in the case of self-defence),
- Its being deliberate,
- Drug addiction or alcoholism,
- Mental illness or alienation medically certified,
- His suicide attempt,
- His drunkenness,
- The disintegration of the atomic nucleus or atomic radiations.

The guarantee is never acquired if the Policyholder cannot advise with the logbook daily filled in since the begining of the cruise.

 

3.2. EXCLUSIONS SPECIFIC TO THE GUARANTEE A (CANCELLATION AND INTERRUPTION):

 

The guarantee is never acquired if the subscription was not made at least 15 days before the date of the beginning of the journey and the rent.

In addition to the exclusions described in paragraph 3.1, the guarantee shall never be valid if the cancellation is due to:

- Any causes other than those of article 2.1 of the general terms,
- In the event of pregnancy, miscarriage, childbirth and their consequences,
- In case of negligence or omission from the policyholder preventing him from taking part in the travel planned in the lease,
- The impossibility for the policyholder to have his papers put in order before leaving because of an unexpected change of the regulations in use at his place of his stay, unless this change happens within 15 days before the departure date,
- The hirer, or following a change in his services and/or prices.

 

3.3. EXCLUSIONS SPECIFIC AND COMMON TO GUARANTEE A AND A BIS:

 

In addition to the exclusions described above in paragraph 3.1, the guarantee to the skipper named on the application form shall never be valid:

- For any cause other than those of article 2.2 of the general terms,
- In case of the piloting by the skipper of a cargo-passenger ship without any licence or valid certificate,
- In case of taking part, during the cruise, in a sporting event or record attempt,
- In case of the non respect, by the skipper, of the sailing zone described on the sailing licence, or of the zone in relation with the real degree of equipment of the boat, excepted for assistance (law of July 7th, 1967),
- In case of non respect of annex sailing directives or of any degree regulating sailing,
- In case of non respect of the shipping or meteorological authorities advices or recommendations.

 

3.4. EXCLUSIONS SPECIFIC TO THE GUARANTEE A BIS (RESEARCH FEES § 2.2.4):  


In addition to the exclusions described above in paragraph 3.1, the guarantee shall never be valid in case of:

- Piloting by the skipper of a cargo-passenger ship without any licence or valid certificate,
- Taking part, during the cruise, a sporting event or record attempt,
- Negligence or unconcern of the policyholder or non respect of the recommendations, regulations or banning in use during the cruise,
- Non respect by the skipper of the sailing zone described on the sailing licence, or of the zone in relation with the real degree of equipment of the boat, excepted for assistance (law of July 7th, 1967),
- Non respect of the Shipping Regulation Code on sailing and yachting,
- Non respect of annex sailing directives or of any decree regulation sailing,
- Non respect of the shipping or meteorological authorities’ advice or recommendations.

 

3.5. EXCLUSIONS SPECIFIC TO GUARANTEE B, B+ AND C (PROTECTION DEPOSIT FOR CRUISE, MOTOR BOAT AND REGATE):

 

In addition to the exclusions described above in paragraph 3.1, the guarantee shall never be granted:

- When all the sailing means of the boat and its checking and the inventory have not been checked before leaving and after the cruise,
- When the damage is caused by a failure or by a wear and tear of the equipment and not caused by the policyholder,
- In case of theft and hijacking,
- For damages to the sails not older than 36 months,
- For the spinnakers,
- The annex and its motor,
- The loosing of the equipment during the cruise.

Besides, accidental damage due to the following causes is excluded:

- Piloting by the skipper of a cargo-passenger ship without any licence or valid certificate,
- Taking part, during the cruise, a sporting event or record attempt,
- Non observation by the skipper of the sailing zone described on the sailing licence or of the zone in relation with the real degree of equipment of the boat, except for assistance (law of July 7th, 1967),
- Non observation of the Shipping Regulation Code on sailing and yachting,
- Non respect of annex sailing directives or of any decree regulation sailing,
- Non respect of the shipping or meteorological authorities’ advice or recommendations.

 

3.6. EXCLUSIONS SPECIFIC TO GUARANTEE D (BOAT ASSISTANCE): 

 

In addition to the exclusions described in paragraph 3.1, this guarantee shall never be granted:

- For the costs paid without Groupe C.S.A. or GROUPAMA ASSISTANCE’s agreement,
- For the searching and sea assistance costs,
- For the fuel costs,
- For the mending costs,
- For the customs,
- For the costs caused by the luggage and personal outfits theft on the boat.

 

3.7. EXCLUSIONS SPECIFIC TO GUARANTEE E (ASSISTANCE LUGGAGE, PERSONNAL OUTFITS AND ITEMS): 

 

In addition to the exclusions described above in paragraph 3.1, the luggage, personal outfits and items guarantee shall never be granted when the damage are due to:

- Defect or usual worn state of the insured item,
- Atmospheric effects, when the luggage are under the policyholder’s responsibility,
- Disturbance of mechanisms, age, defect packaging, damage caused by insects, damages, non observance of laws and transport regulations, customs and others.

Besides, are excluded:

- Luggage stolen on a roof-rack, in an unlocked boat, inside a convertible car, inside a car with open windows or unlocked doors, or if the car is not parked in a locked or guarded garage between 22 and 7 o’clock,
- Luggage stolen on the deck, in an unlocked place (room or safe), inside an unlocked boat, or inside a boat moored between 22 and 7 o’clock out of a port or a watched or guarded mooring ring,
- Natural pearls, non put up gemstones, jewels, furs,
- Cash, bonds, stocks and shares, documents, travel tickets,
- Thefts by employees on duty.

 

 

3.8. EXCLUSIONS SPECIFIC TO THE GUARANTEE E (PERSONAL ASSISTANCE): 

 

The setting-up by the policyholder or his relatives of an assistance as described in Article 2.6.2 of the General Terms, can only be repaid if GROUPAMA ASSISTANCE has been informed and has agreed with it, giving a file number. In this case, on written evidence, the costs are repaid, up to a limit of what would have been paid by GROUPAMA ASSISTANCE if it had set-up the assistance.
Are excluded:

- Any intervention and/or repayment of checkups or preventive screening medical examination,
- Any damage and/or intervention caused by the taking part in motorized sporting events and trials (car, motorcycle, motorboat, plane…)

GROUPAMA ASSISTANCE does not intervene for minor disease or lesions that can be treated on the spot and that are not an obstacle for the policyholder to continue his trip, mental illness, pregnancy unless in the event of an unpredictable complication, and in any case over six months pregnancy, convalescence, disease under treatment and not yet stabilized, relapse of the illness previously noticed with a sudden and close worsening risk. Nevertheless, the policyholder can ask GROUPAMA ASSISTANCE to organise the repatriation, the costs being at the insured person’s charge; only GROUPAMA ASSISTANCE medical management can accept or not the repatriation.

The following are not taken into account:

- Medical costs for a treatment prescribed in France before the departure or requiring a regular medical check,
- Medical costs in France, medical costs abroad for a stay over 90 days, costs due to the relapse of a previously noticed illness or mental illness, cure to a spa, costs due to the diagnostic or the treatment of a physiological (pregnancy) or pathological state, already know before the beginning date of the guarantee, unless of a serious and unpredictable complication, medical treatments prescribed in France, glasses, prosthesis or contact lenses costs, costs caused by suicide attempts, costs due to the consequences of using drugs and alcohol.

GROUPAMA ASSISTANCE can never be substituted for maritime regulations and/or for local emergency aid organisms and cannot pay for primary assistance costs.

GROUPAMA ASSISTANCE is not responsible for delays or impediments in the execution of its services, in case of strikes, riots, mass movements, reprisals, limitation of the free movement of goods and people, acts of terrorism or sabotage, belligerence, declared or not civil or foreign war, disintegration of the atomic nucleus, ionizing radiations, and other accidental situations or cases of absolute necessity, any damage deliberately caused by the policyholder. The services not used during the validity period of the guarantees cannot be reimbursed.

 

3.9. EXCLUSIONS SPECIFIC TO THE GUARANTEE F (MARINE INDIVIDUAL GUARANTEE): 

 

In addition to the exclusions described in paragraphs 3.1, the guarantee shall never be valid for the damage:

- Deliberately caused by the policyholder,
- Due to the driving in a drunken state, when the alcohol level is equal or above 0.5 gramme,
- Caused by the policyholder’s suicide,
- Due to parachuting or hang-gliding.

The practice of a sport includes trainings, trials or sport races or events:

- Occurring while the policyholder pilots an airplane,
- Occurring while the policyholder is passenger on an airplane which does not belong to a passenger transport company. This exclusion is in use only in the case of a group contract with optional joining,
- Caused by a foreign war, the policyholder has to prove that the damage is due to another event,
- Caused by civil war, the insurance company has to prove that the damage is due to one of these events;

Caused or worsened by:

- Weapons or missiles planned to explode by structure modification of nucleus,
- And ionizing radiation, to which the policyholder is predictably exposed, even sporadically, during and because of his usual professional activity.

Moreover, any person who has deliberately caused the damage is excluded from the guarantee.

 

TITLE 4. CONTRACT TERMINATION 

 

4.1 Termination events

 

The contract may be terminated before its normal expiry date in the cases provided for hereinafter and in accordance with the conditions stipulated by current legislation.

4.1.1. By the policyholder or the Insurers

In the event of one of the following events (for insured persons), and when the covered risks are in direct relation with the previous situation and are not found in the new situation:

- change of residence,

- change in marital status or matrimonial regime,

- change of profession, occupational retirement or permanent cessation of professional activity.

This termination must be notified, by registered letter with acknowledgment of receipt:

- on the part of the Insurer, within three months of the day of receipt of notification of the event by registered letter with acknowledgment of receipt,

- on the part of the policyholder within three months of the date on which the new situation arises. However, the starting point for this period is set:

In the event of occupational retirement or permanent cessation of professional activity, the day after the date on which the previous situation ends,

If it is an event constituted or established by a judicial decision, on the date on which this judicial decision becomes enforceable (Article R.113-6 of the French Insurance Code).

The termination takes effect one month after the other party to the contract has received notification.

In the registered letter notifying the other party of termination, the nature and date of the cited event must be indicated as well as any further information establishing that the termination is directly related to the said event. In addition, the policyholder’s letter of notification must be accompanied by:

- in the event of marriage or death, a marriage or death certificate or a civil status form,

- in the event of a change in matrimonial regime, a copy or an extract of the judicial decision declaring or certifying the change and becoming enforceable, or a certificate from the notary who has received the amending act.

4.1.2. By the heir, the purchaser or the Insurer

In the event of transfer of ownership of the insured property as a result of death or disposition.

The Insurer may terminate the contract within a period of three months from the day on which the definitive beneficiary of the insured items requested the transfer of the contract to his/her name, and the termination takes effect ten days after his/her notification to another party.

4.1.3. By the Insurer

A / In the event of non-payment of premiums

The Insurer has the right to terminate ten days after the thirty days mentioned in Title 5, Article 1.

The termination may be notified to the policyholder either in the registered letter of formal notice or in a new registered letter addressed to the policyholder.

In the first case, termination takes effect only if the premium, or part of the premium, has not been paid before the expiry of the 40-day period following the dispatch of the registered letter of formal notice.

In the second case, termination takes effect on the date of dispatch of the new registered letter, provided that the premium, or part of the premium, was not paid before this letter.

B / In the event of increase in risk during the course of the contract

If the Insurer proposes a new premium amount and the policyholder does not act on it or refuses within thirty days of the proposal, the Insurer may terminate the contract at the end of this time period provided that this option was clearly indicated in the proposition letter.

If the Insurer chooses to terminate the contract, it shall take effect ten days after notification to the policyholder.

C / In the event of omission or inaccuracy in the declaration of risk, on the conclusion of the contract or during the course of the contract, committed by the Insured whose bad faith is not established and recorded before any claim.

D / After claim

The termination of the contract by the Insurer shall take effect one month after notification to the policyholder. They then have the right to terminate, under the conditions provided for in point 4.1.4-C hereinafter, the other contracts he/she has taken out with the Insurer.

4.1.4. By the policyholder

A / In the event of a decrease in risk during the course of the contract if the Insurer does not consent to the corresponding reduction of the premium.

Termination shall take effect thirty days after notification to the Insurer.

B / In the event of the elimination of risk, cessation of activity or dissolution of a company.

C / In the event of termination after claim of another of the Insured’s contracts by the Insurer.

This contract can only be terminated within a period of one month of the Policyholder being notified of the termination of the other contract subject to claim.

It takes effect one month from the date the Insurer has been notified.

D / In the event of a portfolio transfer request, approved by an administrative authority

The policyholder has the right to terminate within one month of the notice of the transfer request being published in the Official Journal.

4.1.5. By the parties involved

In the event of the recovery or winding up of the Insured by the decision of the court.

The parties in question retain the right to terminate the contract within three months of the date of judgment of the recovery or winding up.

 4.1.6. By automatic termination

A / In the event of total loss of the insured property resulting from an uncovered event.

B / In the event of the Insurer being subject to withdrawal of approval or court-ordered winding up.

Termination takes effect at midday on the fortieth day after the publication of the Ministry of the Economy and Finance’s or the Insurance Regulatory Body’s withdrawal decision in the Official Journal.

The premiums accrued before the date of publication of the withdrawal decision in the Official Journal and unpaid as of that date are payable in full to the Insurer, but they are only recoverable proportionally to the time on risk until the date of termination.

The premiums falling due between the date of the withdrawal decision and the date of automatic termination are only payable proportionately to the time on risk.

C / In the event of requisition of ownership of the insured property, under the conditions of Articles L.160-6 and L.160-8 of the French Insurance Code.

4.2 Notification of termination

 

Subject to the special arrangements provided for in point I above, the party entitled to terminate the contract may exercise this right as described below:

4.2.1. Termination by the policyholder, the heir or the purchaser

When the policyholder, the heir or the purchaser are entitled to terminate the contract, they have the choice of doing so either by registered letter, by statement made against receipt at the Insurer’s head office or their regional representative’s office, by extrajudicial deed, or by any other means indicated in the contract.

4.2.2. Termination by the Insurer

In all events where the right of termination is recognized by the Insurer, namely, at each annual maturity of the premium by notice indicated in the specific conditions.

Termination by the Insurer must be notified to the policyholder by registered letter sent to his/her last known place of résidence

4.3 Period of notice

 

The period of notice runs from the date appearing on the postmark stamped on the registered letter notifying termination.

4.4 Premium refunds - Termination compensation

 

In the event of termination during the course of the contract, the Insurer must reimburse the policyholder for the premium corresponding to the period during which the risk has not occurred, calculated from the effective date of termination.

When the Insurer terminates the contract for non-payment of premium (case referred to in point 4.1.3.A. above), they are entitled to termination compensation equal to the portion of the annual premium pertaining to the period after the effective date of termination.

 

TITLE 5. PREMIUMS

 

5.1 Payment - consequences of late payment

 

The premium and its incidentals, the amount of which is stipulated in the contract, as well as the taxes and duties, are payable to the Insurer’s head office or the representative’s residence if one is appointed for this purpose.

The due dates are set in the Specific Conditions.

If a premium or part of a premium is not paid within ten days of its due date, the Insurer (irrespective of their right to pursue the matter in the courts) can send a registered letter of formal notice to the policyholder or the person responsible for paying the premiums to his/her last known address, with acknowledgment of receipt if this address is outside metropolitan France.

The letter of formal notice reproduces the text of Article L113-3 of the French Insurance Code.

If the premium or part-premium due is not paid within thirty days from:

- the date of posting of the letter of formal notice,

- or, for letters sent to an address outside metropolitan France, from the day of delivery indicated on the acknowledgment of receipt, coverage is automatically suspended.

If part of the premium due is not paid, the total amount of the outstanding annual premium is payable. In this case, the suspension of coverage is effective until full payment is made.

When at least ten days of suspension have elapsed, the Insurer has the right to terminate the contract within the time period and according to the conditions provided for in Title 4 above.

If the outstanding premium or part-premium is subsequently paid, the suspension ends and cover is reinstated at midday the day following the date of payment.

5.2 Decrease in risk

 

In the event of a decrease in risk during the contract, the policyholder is entitled to a reduction in the amount of the premium.

If the Insurer does not consent, the policyholder may terminate the contract within the time period and according to the conditions provided for in section 4 above.

5.3 Change in Rate

If the Insurer changes for a technical reason (excluding indexing), the rate applicable to the risks covered by this contract, the Insurer may modify the net premium (excluding fees and taxes) of the contract in the same proportions starting from the next maturity date. The Subscriber may then terminate the contract. The Insurer issues an assessment calculated proportionally to the previous rate bases. In the absence of cancellation, the reassessment is considered as accepted.

 

TITLE 6. DECLARATION OF CLAIMS

 

6.1 Safeguard measures

 

As soon as he/she notices the occurrence of an event (harmful or judicial) likely to lead to the coverage of the contract, the Insured shall take all necessary measures to limit the importance of the loss, to avoid its aggravation, to safeguard the covered property, preserve all rights of subrogation and collect or cancel all duties and taxes.

He/she shall refrain from any reparation without the agreement of the Insurer and shall take all necessary measures to ascertain the damage by keeping the damaged goods.

6.2 Time limit for claim report

 

Please contact Groupe C.S.A. (WITHIN THE 5 DAYS FOLLOWING THE DAMAGE), your travel Agency or your hiring Company as soon as possible.

Send an email to : france@skipper.fr


Or write to :

Groupe CSA
Centre de Gestion
France Cautain
BP 40029
46, rue Rouget de Lisle 
95240 Cormeilles-en-Parisis

Phone : +33.(0)1.39.31.33
Gsm : +33.(0)6.83.31.49.45

The Insured forfeits any right to claim for the loss in question if the Insurer establishes that the delay in the filing of the claim report has been to his/her detriment (Article L.113-2 of the Code).

General case: within 5 business days of the day after the Insured became aware of the event.

Theft insurance: within 2 business days of the day after the Insured became aware of the event. Within this same period, he/she must notify the local police or authorities and file a complaint with the Public Prosecutor's Office.

6.3 Claim report proceedings


The Insured must file his/her claim report in writing, by email or verbally with acknowledgment of receipt, indicating the date, the nature, the causes, the the circumstances, the foreseeable consequences, the approximate amount of the damage and the place where it can be assessed

The Insured forfeits any right to claim for the event in question if he/she makes intentional misrepresentations in bad faith.

6.4 Document to be sent to the Insurer 

The Insured must send to the GROUPE C.S.A., all the documents necessary for the investigation of the claims file (documentary evidence, rental contract, death certificate, receipted invoices ...) as well as all information specific to documenting the claim file.

Documents to be sent to the GROUPE C.S.A.:

For the CANCELLATION AND INTERRUPTION GUARANTEE (GUARANTEE A):

You must supply: The contract, the bulletin enrolment for the travel, the confirmation by the travel agency of this enrolment as well as the invoice that you have to pay. All documents justifying of the cancellation cause (medical report, death certificate, etc…).

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.

For the REPLACEMENT OF THE SKIPPER GUARANTEE (GUARANTEE A and A BIS):

You must supply: Fees for the trip and for the salary of the skipper of substitute, all documents necessary to justify his replacement, all regulation documents justifying the number of the days delayed.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.

For the PROTECTION OF THE DEPOSIT GUARANTEE (GUARANTEE B, B+ and C):

You must supply: Photos of the damages, photos of the boat with its name readable, check in and check out, sea report, logbook, the contract with the amount of the deposit, the repairing invoice already paid, copy of the invoices of the material replaced, copy of the invoice of the sails, expert report and all documentary evidence regarding the causes and the importance of the damage.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.

For the SEARCHING, RESCUE AND TRANSPORT FEES (GUARANTEE A BIS):

You must supply: All documents necessary to prove the facts and all supporting invoices.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.

For the WHEATHER-RISK (GUARANTEE A BIS):

You must supply: The contract, meteorological report of the morning and the afternoon for each day concerned and delivered by the maritime authorities.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.

For the ASSISTANCE TO THE BOAT (GUARANTEE D):

You must supply: All documents and/or invoices necessary to prove the real facts.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.

For the LUGGAGE, PERSONAL OUTFITS AND ITMES (GUARANTEE E): 

You must supply: All documents (paid for by the Insured), all information (invoices purchase, receipt of the complaint, accounts, official report coming from the shipping company, etc..).

In case of robbery or damage during the transit, any complaint must be done by letter with receipt to the company in charged of the transit. You must immediately advise us if you recover a part or all damaged items.

If the items are recovered one month after the damage, you must accept to have them back. We repay the damages and the saveguard fees of the invoice already engaged for the capital guarantee with “luggage, items and personal effects”.

If the recover comes after the payment of the invoice, you must within one month, choose between leaving the items or repossessing them. In case of recover, you must restore the indemnity corresponding, minus the amount of possible damages and the recover engaged fees.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.

For the INDIVIDUAL MARINE (GUARANTEE F): 

You must supply: A report precising the circumstances of the accident, an extract of the death certificate or an individual report of the registry office labelled with the insured named, a medical certificate indicating the cause of the death and describing the injury. In the case of a statement of offence has been established, the name of the authority who made it, the document proving the quality of the beneficiary (the familial statement of offence, heredity certificate) and the name and address of notary public in charged of the succession, the documentary evidence of the children (familial statement of offence, school certificate).

IMPORTANT : The beneficiary who supplies intentionally wrong information or uses wrong documents or distorted documents, in the intention of deceiving the Insurer, looses all rights for the guarantee for the damage in cause.

All the measures useful must be done as soon as possible to limit the consequences of the damage and rush the recover of the insured whom has to accept the medical cares necessary by his state. The insured’s doctor must be able to see to the insured to notice his state of health.
All insubordination without justification to submit to this control, after formal notice by letter with receipt, breaks off rights of the insured.

After reviewing the file, any other evidence that the Groupe C.S.A. deems necessary.

6.5 Insurance of the same nature

 

If there are other insurances of the same nature, taken out without fraud, granting the same coverage, for a same interest, each of these insurances shall produce its effects within the limit of coverage (Article L.121-4 of the Code).

The benefits cannot exceed the amount of the damage, whatever the date on which the insurance was taken out (Article L.121-1 of the Code).

Within these limits, the primary beneficiary can obtain benefits for his/her damages by contacting the Insurer of his/her choice.

The contribution of each Insurer is determined by applying to the amount of the damage: the ratio between the benefits that the Insurer would have paid if he had been alone and the cumulative amount of benefits that every Insurer would have been responsible for if he/she would had been alone.

6.6 Benefits

 

6.6.1. Principle of benefits for property damage insurance

The insurance cannot be a cause of profit for the Insured. It only guarantees him/her the benefits of his/her actual losses (Article L.121-1 of the code).

The amount insured cannot be considered as proof of the existence and value, on the day of the loss, of the damaged property. The Insured is required to provide this proof by all means and documents and to justify the state and degree of the damage.

6.6.2. Expert Appraisal 

If the damages are not quantified by mutual agreement, an informal appraisal is compulsory and subject to the respective rights of the parties.

Each of the parties chooses an expert. If the appointed experts do not agree, they appoint a third expert. The three experts work jointly and the majority of votes decides.

If one of the parties fails to appoint an expert, or if the two experts cannot agree on the choice of the third, the appointment is made by the President of the Crown Court or the Commercial Court within the jurisdiction of which the loss occurred.

This appointment occurs by simple request from the most vigilant party, made at the earliest two weeks after sending the other party a registered letter of formal notice with acknowledgment of receipt.

Each party pays their expert’s fees and expenses and, if applicable, half of the third expert’s fees and the expenses relating to his/her appointment.

If, within three months from the submission of the final statement of damages and losses, the appraisal is not completed, the Insured may charge interest by summons. If it is not completed within six months, either party may initiate judicial proceedings (Article L.122-2 of the Code).

6.6.3. Salvage

The Insured cannot abandon the property that has been salvaged. The covered property remains his/her property, even in case of dispute regarding the value of what was able to be salvaged from the damaged property (Article L.121-14 of the Code).

In the absence of agreement on the estimate of the value of what has been salvaged, and failing private sale or auction, each party may request, by simple request to the President of the Crown Court or the authorized Commercial Court, the appointment of an expert to make this estimate.

6.6.4. Requisition or voluntary assistance

In the event of requisition or voluntary assistance, the Insurer waives all rights to claim temporary assistance and protection outside the insured establishment to apply the proportional benefits reduction.

The Insurer waives, moreover, the right of subrogation against the beneficiary of such assistance if the material used was damaged during the intervention in response to the incident resulting in loss. The Insurer also waives the right to any claims against an outside company who, under the same circumstances, would assist the insured establishment and who by its fault aggravated the damage.

6.6.5. Benefits Payment 

Benefits shall be paid within two weeks from the date of agreement of the parties or the enforceable court decision.

In the event of objection, the time period runs from the date of withdrawal.

Property damage insurance: the time period runs from the date on which the Insured has proved his/her right to receive benefits.

Natural disaster insurance: benefits shall be paid within three months from the date of delivery of the estimated state of the damaged property to the Insurer, or the date of publication of the interministerial decree, if later (Article L.125-2 of the Code).

6.6.6. Subrogation

The Insurer who has paid the benefits, may enter into the rights and actions of the Insured, up to the amount of the claims paid, against third parties who, by their actions, caused the damage that gave rise to the Insurer's coverage, (Article L.121-12 of the Code).

The Insurer shall be discharged of their coverage towards the Insured in the case where this subrogation can no longer operate in his/her favor due to the Insured’s actions. The Insurer reserves the right to take legal action against the Insured in order to obtain reimbursement.

The Insurer may expressly waive their right of subrogation against the liable third party. Unless otherwise agreed, they shall maintain their right to subrogation against the Insurer of the person liable.

The Insurer has no recourse against the Insured’s domestic employees, direct descendants or ascendants or any person who normally resides in the Insured’s home, except in the case of malicious acts committed by these persons.

6.6.7. Coinsurance

When the contract is underwritten in co-insurance, each Insurer that is a member of the co-insurance group, including the Leading Insurer, covers the Insured within the limit of their subscription indicated in the Specific Conditions.

If the Leading Insurer ceases, for any reason, to perform this function, the Subscriber undertakes to choose another Insurer and notify the co-insurers concerned.

Non-solidarity of co-insurers

Insurers who are members of the co-insurance group, including the Leading Insurer, are not responsible for each other for the fulfillment of their obligations arising from the contract, whether it be for the payment of benefits due or any matter concerning the administration of the contract.

Object and limit of the mandates granted to the Leading Insurer by the co-insurers

Regarding the Subscriber, each co-insurer is bound to the extent of their subscription, to the acts committed by the Leading Insurer, as part of the mandate they receive from this co-insurer, ensuring that they shall specifically carry out the following transactions:

- receive from the Subscriber the summary statement of each co-insurer’s personal commitment;

- draw up the contract and sign it on behalf of each co-insurer;

- centralize and collect the premiums due to the Insurers and issue the receipt of payment of the total amount of the premiums, including fees and taxes, for the Leading Insurer to reimburse each co-insurer their rightful share of premium;

- centralize the amount of benefits due by each co-insurer for payment;

- take the initiative to terminate the contract, on behalf of all the co-insurers, when the contract allows (without prejudice to the right of each co-insurer to terminate their own participation in the contract);

- on behalf of all the co-insurers, process any claim files and seek an informal agreement with the beneficiary of the benefits;

- acting on behalf of all co-insurers, follow the declarations and requests for modification of the contract, except for:

- declarations whose subject includes an increase in risk;

- an increase of the coverage amounts that must be requested from each Insurer.

- receiving, on behalf of all co-insurers, the notice of termination by the Subscriber (without prejudice to the right of the Subscriber to individually notify each co-insurer of the termination of this co-insurer’s

subscription in the contract);

- accepting or proposing, on behalf of all co-insurers, a new premium amount in the event of a decrease or increase in risk.

TITLE 7. VARIOUS


7.1 Euros 

Any amount denominated in Francs shall be deemed to be in Euros at the official conversion rate.

7.2 Bas-Rhin, Haut-Rhin and Moselle

If the Subscriber resides in these departments, the provisions of Title IX of the French Insurance Code apply, with the exception of Articles L.191-7 (interest on benefits, payment of provision) and L.192-3 (consequences of fire).

7.3 Limitation 

In accordance with Articles L.114-1 and L.114-2 of the Code, rights in respect of all actions deriving from this contract expire after two years.

The time period starts on the day of the event which gives rise to this action.

The time period can be interrupted by one of the ordinary causes of interruption (Article 2244 of the Civil Code), as well as under the following circumstances: appointment of an expert following a claim; the sending of a registered letter with acknowledgment of receipt:

- by the Insurer to the Subscriber regarding the payment of the premium;

- by the Subscriber to the Insurer regarding the payment of benefits.

7.4 Personal information 

All information collected by the Insurer is necessary for the administration of the file. It is used by the Insurer or professional organizations for the sole necessities of this administration or to fulfill legal or regulatory obligations.

In accordance with Articles 35 and 36 of Law No. 78-17 of 6 January 1978 relating to information technology, files and freedom of information, the Subscriber has the right to request, at the registered office of the Insurer, access to a copy of the personal information held in any file used by them and have it corrected as necessary. This also applies to the information held by the Insurer’s representatives, reinsurers and relevant professional organizations.

7.5. Omnibus Policy

The Insurer's notifications are validly made only to the Subscriber who undertakes to complete and execute all the obligations of the contract, both on his/her behalf and on behalf of the other Insured parties.

7.6. Third party communication 

The Subscriber authorizes the Insurer to make known, upon request, the existence of this contract, as well as any modification, suspension or termination concerning it, to third parties interested in the coverage granted by this contract.

7.7. Monitoring administrative authority 

In accordance with the French Insurance Code (Article L. 112-4) it is specified that the Groupe Special Lines monitoring authority and Groupama Rhône-Alpes Auvergne is the ACPR (French Prudential Supervision and Resolution Authority), 61 rue Taitbout 75436 Paris Cedex 09.

7.8. Subscriber Claims 

In case of difficulty, the Subscriber shall consult the Broker through which the contract is underwritten.

If the answer received in response to his/her claim does not satisfy him/her, the Subscriber may address his/her claim to the Groupe Special Lines "Claims" department:


- By regular post:

Groupe Special Lines

Service Réclamations

6-8 rue Jean Jaurès

92800 PUTEAUX


- By email:

Reclamations@groupespeciallines.fr


If the response to the claim remains unsatisfactory, the Subscriber may contact the Groupama Rhône-Alpes Auvergne "Claims" department:


- By post:

Groupama Rhône-Alpes Auvergne

Service Consommateurs

TSA 70019 - 69252 LYON CEDEX 09


- By email:

Service-consommateurs@groupama-ra.com


Finally, if the disagreement persists concerning the position or the proposed solution, the Subscriber can put his/her case to the insurance ombudsman (Médiateur des Assurances):


- By post:

Médiation de l’Assurance

TSA 50110

75441 PARIS CEDEX 09


- By internet on the website www.mediation-assurance.org.


7.9. Interpretation of the insurance contract 

Any dispute between the Insurer and the Insured regarding the interpretation of this contract shall be subject to the jurisdiction of the competent Tribunal de Grande Instance (French High Court).

COMPUTING, FILES AND LIBERTIES:

The insurer or the subscriber are the beneficiaries of the informations regarding the insured. They are essential for the good management to his membership of the contract. In accordance with the rule “Computing, files and libertie”, the subscriber will be able to present offers and services regarding his products, except opposition from the insured. In this case, the insured, will have to send a letter to explain his refusal. According to this same rule, the insured can have a free access and can change his own information and can do it at any time to direct at the head office.

TERRITORIAL LIMITS

The guarantees of the present contract are up to the entire world.


The insured certify to have read the guarantees of the Skipper® contract and accept to subscribe to the group contract n° EVT20171312, subscribes by Groupe C.S.A. with Groupe Special Lines on behalf of the Company GROUPAMA-RHÔNE-ALPES AUVERGNE.

Skipper® is a registered trade-mark of Groupe C.S.A. All reproduction is not allowed.

 

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