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Skipper & CoContract 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
With :

TOKIO MARINE KILN INSURANCE LIMITED – SA au capital de 35.000.000 £

Head Office :

Entreprise controled by the Insurance code and tendered to the Financial Services Authority of control.
25 The North Colonnade – Canary Wharf – London E14 5HS – UK

Branch in France :

Tokio Marine Kiln Insurance Limited - 6/8 Boulevard Haussmann - 75009 Paris
RCS PARIS B 382 096 071 – APE 660E

 

TOKIO MARINE ASSISTANCE:

Phone in France : 01 48 82 62 35 – Fax in France : 01 45 16 63 92
Phone from abroad : (33) 1 48 82 62 35 – Fax from abroad : (33) 1 45 16 63 92

Policy number : 65.527.456

Groupe C.S.A. with a capital of 7622,45€ - Le Petit Pays Montagnole BP 515 73005 Chambéry CedexRSC 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

 

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.

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

 

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

TOKIO MARINE EUROPE INSURANCE LTD – TOKIO MARINE 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.

Unless another person has been designed in agreement with the Insured:

-          The sum expected in case of the insured death is paid to the surviving wife or husband if not separated or divorced, or failing to the legal claimants;

-          As for the other sums, they are paid to the policyholder or to the legal claimants.

 

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.

 

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.

 

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.

 

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.

 

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

Groupe C.S.A. – Le Petit Pays – MONTAGNOLE – 73005 CHAMBERY CEDEX

 

TRAVEL

The travel represents all the 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

 

Art 2 : WHAT ARE THE GRANTED GUARANTEES?


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

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

            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.

 

            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.

 

            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.

            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 & Co” 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:

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.

- Prevention of departure caused by professional commitments, by the start of a new employment or paid training course taking place before or after the rental period, when the insured person is registered as unemployed, except in the following professional categories: Business owners, freelancers, craftsmen and the entertainment industry.

- impossibility due to the commitments of new employment or a paid internship effective before or after the rental dates. While the insured person was registered unemployed, on condition that it is not a matter of prolonging or renewing a contract of employment, nor a temporary placing by an employment agency.

- Prevention caused by the re-examination of the insured following accident or illness which was not known at the time of the booking. (Limited to higher educational studies only), the aforementioned examination taking place on the same dates as your voyage.

- 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 – GUARANTEE ABis WEATHER-RISKS, SKIPPER REPLACEMENT, REPAYEMENT FOR EXCEDING HIRING TIME, RE-CHARTING

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. 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.

2.3. 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.

 

2.4. 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.

 

3 – GUARANTEE B or C, PROTECTION OF THE DEPOSIT

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 5000 €.

The chocks and collision on the line departure will be paid to 50% of their value without application of the franchise of 20%.

This guarantee is exerted after a damage of the hired boat as described in the article 1 and according to the terms of the article 3-6.

 

-Guarantee C <<> Repurchase of deposit solely for Motor boats>>:

When the rental company witnesses one or more damages to the rented boat, and does not repay the deposit to the insured person, we will will participate in the repayment of monies which have been retained by the rental company up to 80% of the total invoice, and up to 80% of the deposit on the rented boat for a maximum of € 5000.
This guarantee comes into force following damages to the rented boat, as defined in article 1 and in accordance with the terms laid out in articles 3-6.



-Guarantee B+ <<> Repurchase of deposit solely for sailing vessels>>:

When the rental company witnesses one or more damages to the rented boat, and does not repay the deposit to the insured person, we will will participate in the repayment of monies which have been retained by the rental company up to 100% of the total invoice, and up to 100% of the deposit on the rented boat for a maximum of € 5000.
This guarantee comes into force following damages to the rented boat, as defined in article 1 and in accordance with the terms laid out in articles 3-6.

Motor boats and boats participating in regattas or competitions are excluded.

 

4 – GUARANTEE 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 lodging 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.

5 – GUARANTEE “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: 50000€

-          Disability: 150000€

-          Medical fees: 1000€

-          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 Group CAS’s address.

 

6. GUARANTEE LUGGAGE, PERSONNAL OUTFITS AND ITEMS

We guarantee to the policyholder, up to a limit of 1000€ 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”.

 

 7– GUARANTEE PERSONNAL ASSISTANCE IN THE WORLD

This guarantee is conferred by TOKIO MARINE ASSISTANCE.

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

PHONE NUMBER IN FRANCE : 01 48 82 62 35 FAX : 01 45 16 63 92

PHONE NUMBER ABROAD  : (33) 1 48 82 62 35 FAX : (33) 1 45 16 63 92

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.

 

8.1. In case of illness or corporal accident to the policyholder, immediately after the first call, the TOKIO MARINE ASSISTANCE’s 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 TOKIO MARINE ASSISTANCE.

Accompaniment during the transport or the repatriation of the policyholder works when TOKIO MARINE 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 Metropolitan France.

TOKIO MARINE 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, TOKIO MARINE ASSISTANCE organises and pays for medical transport when the policyholder is in health conditions to leave the medical centre, to his home in Metropolitan France, by the most suitable means according to TOKIO MARINE ASSISTANCE’s doctors. TOKIO MARINE 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 TOKIO MARINE ASSISTANCE, according to the conditions enumerated above, ACE 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 Metropolitan France is organised and paid by TOKIO MARINE ASSISTANCE. The coffin shall also be paid by TOKIO MARINE ASSISTANCE, up to a maximum of 500€. TOKIO MARINE 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 Security or any other provident society to which he complement the payment of these costs to the policyholder when is back to France, 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 TOKIO MARINE ASSISTANCE, up to a limit of 3800 € 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, TOKIO MARINE 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 Metropolitan France, to go to support him. Only the transport will be paid by TOKIO MARINE 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 Metropolitan France (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 TOKIO MARINE ASSISTANCE, to attend the funerals at the burial place in Metropolitan France.

 

Diverse assistance

 

-          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 TOKIO MARINE ASSISTANCE, up to a limit of 800 €.

-          Bail in a foreign country up to a limit of 7600 €: if the policyholder is imprisoned or threatened to be imprisoned after a road accident, TOKIO MARINE ASSISTANCE lends the bail. The policyholder has got 3 months to pay the sum back to TOKIO MARINE 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 TOKIO MARINE ASSISTANCE. If the policyholder is summoned to appear in court and does not show, TOKIO MARINE 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 TOKIO MARINE 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.

 

8. GUARANTEE LIMIT

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

 

 

ARTICLE 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.

 

3.2. EXCLUSIONS SPECIFIC TO THE CANCELLATION AND INTERRUPTION GUARANTEES

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 TO THE SKIPPER DURING THE CRUISE

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 the event of pregnancy, miscarriage, childbirth and their consequences,

-          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 OF RESEARCH FEES

In addition to the exclusions described above in paragraph 3-1, the guarantee shall never be valid in case of:

-          Pregnancy, miscarriage, childbirth and their consequences,

-          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 THE SEARCHING COSTS GUARANTEE

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.

 

3.6. EXCLUSIONS SPECIFIC TO THE PROTECTION AND SURRENDER DEPOSIT

In addition to the exclusions described above in paragraphs 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 24 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.

 

3.7. EXCLUSIONS SPECIFIC TO THE PERSONAL ASSISTANCE GUARANTEE

The setting-up by the policyholder or his relatives of an assistance as described in Article 2 paragraph 8 of the General Terms, can only be repaid if TOKIO MARINE 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 TOKIO MARINE 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…)

 

TOKIO MARINE 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 TOKIO MARINE ASSISTANCE to organise the repatriation, the costs being at the insured person’s charge; only TOKIO MARINE 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. TOKIO MARINE ASSISTANCE can never be substituted for maritime regulations and/or for local emergency aid organisms and cannot pay for primary assistance costs.

 

TOKIO MARINE 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.

 

3.8. EXCLUSIONS SPECIFIC TO THE BOAT ASSISTANCE GUARANTEE

In addition to the exclusions described in paragraph 3-1 and 3-7, this guarantee shall never be granted:

-          For the costs paid without Group C.S.A. or TOKIO MARINE 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.

 

3.9. EXCLUSIONS SPECIFIC TO THE MARINE INDIVIDUAL GUARANTEE

In addition to the exclusions described in paragraph 3-1 and 3-7, 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.  

 

ARTICLE 4 – WHEN IS THE CONTRACT OPERATIVE FROM?

 The insurance policy is operative from the reception by the Group C.S.A. of the application form signed, with the payment.

 

ARTICLE 5 – WHERE ARE THE GUARANTEES GRANTED?

The guarantees of the insurance policy are granted ALL OVER THE WORL.

Concerning the guarantee Assistance to the person, TOKIO MARINE ASSISTANCE should not take place in case of the policyholder is on land, in a port or localised shelter.

The Policyholder admits to have understood and recognised the guarantees of the contract Skipper & Co and asks to stick to the group contract n° 65.527.456, subscribes by Groupe C.S.A. with TOKIO MARINE KILN INSURANCE LTD.

 

ARTICLE 6 – WHAT ARE YOUR OBLIGATIONS ?

WHAT DO YOU NEED TO DO IN CASE OF DAMAGE ?

 

Please contact Groupe C.S.A., your travel Agency or your hiring Company as soon as possible.

 

Write to:

Groupe CSA - France Cautain - Centre de Gestion -
BP 20049 - 46 rue Rouget de Lisle - 95240 Cormeilles-en-Parisis

Tel : +33.(0)1.39.31.19.33
Gsm : +33.(0)6.83.31.49.45

Email : france@skipper.fr

At the risk of being declined, except in case of major problem, you must declare by letter or orally with receipt, all damages in the 5 days time you knew about this and supply documentary evidence to the Insurance Company or Groupe C.S.A.

In case of robbery, you must declare the complaint within 48 hours directly to the Police or local authorities.

You must take measures to limit the amount of the damages (transfert of the hiring contract by the boat Agency to a new Insured, protection of the boat in case of damages, replacement of the skipper, etc…)

 

As soon as you have been informed of the damage, you must supply to the Insurance Company or Groupe C.S.A.:

 

-          All documents necessary to create the damage files ( documentary evidence, hiring contract, medical certificate, death certificate, expert report, conveyor certificate, administrative convocation, employment attestation, invoice, etc..) and all accurate information regarding the real causes of the damage.

-          All informations to complete the damage file ( warning notice of maritime safeguard societies, meteorological stations, medical authorities, report of the damage agent, copy of the logbook,  sea report, copy of the legislative documents and international, national or local authorities.

 

As well as the guarantees above, you must supply:

 

For the cancellation and interruption guarantee:

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…)

 

For the guarantee replacement of the Skipper:

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.

For the searching, rescue and transport fees:

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

 

For the guarantee “weather-risks”:

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

 

For the guarantee protection of the deposit:

You must supply: Photographs showing the general condition of the rented boat, daily log book, sea conditions, rental agreement showing the amount of the deposit, the invoices paid for repairs, a copy of the invoices paid for replaced parts, copy of the invoices for purchase of sails, report of the assessor and all documentation showing the cause and seriousness of the damage. Inventory taken before departure and on arrival.

 

For the guarantee assistance to the boat:

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

 

For the guarantee assistance to the person:

You must supply: All documents necessary to prove the real facts.

 

For the guarantee luggage, personal outfits and items:

 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.

 

For the marine individual guarantee:

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.

 

Estimate of the material damages and method of payment of the damage:

The insurance can’t be a cause of profit for the insured, it guarantees only the repairing of the real losses.

As the sum insured can’t be a prove of the existence or the value of the damaged items during the event insured, you must be able to justify them with documents and prove the importance of the damage.

The items and personal effects are estimated with their replacement value the day of the damage, deduced the deterioration.

The proportional rules planned in the clause L.121.5 of the insurance code is not usable.

The fees to obtain the documents and/or reports asked in the clause 6 above, stay to the charge of the insured.

As soon as the insured file is complete and approved by an expert, a proportion of indemnity will be sent, this one will have to be returned accepted to the address of Groupe C.S.A.

The insured will receive his indemnity in the 4 weeks following the reception of this acceptation by the insurance company.

 

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.

 

 

PRESCRIBING

According to the clauses L1 14-I and L2 14-2 of the insurances Code, all actions describing the present contract are prescribed, they cannot be exercised beyond two-years to reckoning of the event who they give birth.

Nevertheless, this time not court:

-          In case of reticence, omission, declaration falsify or inexact upon the risk run, as soon as the insurer had known,

-          In case of accident from the day when beneficiaries have had knowledge if they proved that they have it unknown up to there.

The prescription is carried on ten years in the event of guarantee against accidents reached the people, when the beneficiaries are interested party of the policyholder.

 

MEDIATION

If disagreements subsist between the policyholder and the insurer about the execution of the present contract, the insurer will put the policyholder in relation with the mediator insurances.

 

SUBROGATION

The company is subrogating to competition of sums that she had paid in the rights and actions the policyholder can have against the third responsible of the sinister.

 

RECLAMATIONS

In case of difficulties in the application of the contract, please contact first your usual adviser.

If the answer is not satisfying, you can write reclamation to:

TOKIO MARINE KILN INSURRANCE LIMITED

TM Special Lines

6/8 Boulevard Haussman

75009 PARIS

Finally, if your disagreement lasts after the first answer, you can ask a mediator point of view in conditions that will be communicated in asking to the address above. 

ORGANISM OF CONTROL

Certified by the Insurance Code ( Article L.112.4), it is precised that the authority of TOKIO MARINE EUROPE LIMITED is the Financial Services Authority, based The North Colonnade – Canary Wharf – London E14 5HS – ENGLAND 

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