CANCELLATION & INTERRUPTION
& INTERRUPTION OF STAY
PROVISIONS COMMON TO ALL COVERAGES
DEFINITIONS
Hazard
Unintentional, unforeseeable, irresistible and external event.
Client
The persons duly covered under this contract hereafter referred to as you.
Provider
Camping Le Moulin, hereinafter referred to as we, whose registered office is located at :
Chemin du Moulin 31220 Martres Tolosane, SARL with a capital of €8,000 registered with the RCS of Toulouse under the number 448 308 163 000 14.
Attack / Acts of terrorism
An attack is defined as any act of violence, constituting a criminal or illegal attack, against persons and/or property in the country in which you are staying, with the aim of seriously disturbing public order.
This attack must be recorded by the French Ministry of Foreign Affairs.
Natural disasters
The abnormal intensity of a natural agent not caused by human intervention.
Domicile
Your domicile is your main and usual place of residence; your domicile must be in Europe.
DROM POM COM
DROM POM COM refers to the new names of the DOM TOM since the Constitutional Reform of 17 March 2003, which modified the names of the DOM TOM and their definitions.
Transport company
A transport company is any company duly authorised by the public authorities to carry passengers.
Europe
Europe means the countries of the European Union, Switzerland, Norway or the Principality of Monaco.
Excess
The part of the indemnity remaining at your expense.
Metropolitan France
Metropolitan France means mainland France and Corsica, including the DROM POM COM (new name for the DOM TOM since the constitutional reform of 17 March 2003).
Strike
Collective action consisting of a concerted cessation of work by the employees of a company, an economic sector, or a professional category aimed at supporting demands.
Civil war
Civil war is understood to mean the armed opposition of several parties belonging to the same country, as well as any armed rebellion, revolution, sedition, insurrection, coup d'état, application of martial law or closure of borders ordered by the local authorities.
Foreign war
Foreign war means the declared or undeclared armed opposition of one state to another state, as well as any invasion or state of siege.
Illness / Accident
An impairment of health certified by a medical authority, requiring medical treatment and the absolute cessation of all professional or other activities.
Family member
A family member is any person who can prove a family relationship (de jure or de facto) with the client.
Pollution
Degradation of the environment by the introduction into the air, water or soil of materials not naturally present in the environment.
Habitual residence
The usual residence of the member means his/her place of residence for tax purposes; your main residence must be in Europe.
Claim
An event that may lead to the application of a guarantee in the contract.
Policyholder
The policyholder, natural or legal person who takes out the guarantee contract.
Subrogation
The legal situation by which a person is transferred the rights of another person (in particular: substitution of the Service Provider for the Policyholder for the purposes of prosecution against the opposing party).
Third party
Any person other than the policyholder who is responsible for the damage.
Any policyholder who is the victim of bodily injury, material damage or consequential loss caused by another policyholder (policyholders are considered as third parties among themselves).
WHAT IS THE GEOGRAPHICAL COVERAGE OF THE CONTRACT?
The guarantees and/or benefits subscribed to under this contract apply throughout the world.
WHAT IS THE DURATION OF THE CONTRACT?
The period of validity corresponds to the duration of the services sold by the travel organiser.
In no case may the duration of the cover exceed 3 months from the date of departure on the trip.
The CANCELLATION guarantee takes effect on the date of subscription to the present contract and expires on the day of departure for the trip (outward journey).
WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO ALL OUR COVER?
All contractual cover is always excluded for claims resulting from the occurrence of the following events
- Accidents caused or provoked intentionally by the Policyholder or the Beneficiary of the contract.
- The consequences of suicide committed or attempted by the Policyholder.
- The absorption of drugs, narcotics, similar substances and medicines not prescribed by an authorised medical authority and their consequences.
- The consequences of the Beneficiary's state of alcoholism characterised by the presence in the blood of a pure alcohol level equal to or higher than that defined by the law.
- Nervous or mental illnesses, unless otherwise stated in this policy.
Accidents occurring in the following circumstances are also excluded:
- When the Policyholder practices a sport as a professional, practices or takes part in an amateur race requiring the use of a motorised land, air or watercraft.
- When the Policyholder uses as a pilot or passenger a microlight, hang glider, paraglider or parachute.
- When the Policyholder takes part in fights (except in cases of legitimate defence), crimes, bets of any kind.
- The consequences and/or events resulting from civil war or foreign war, riots, popular movements, strikes, acts of piracy, acts of terrorism, any effect of a source of radioactivity, epidemics, pollution, climatic events, natural disasters, except within the framework of the provisions relating to the compensation of victims of Natural Disasters resulting from Law 86-600 of 13/07/1986.
- The contractual guarantees do not apply to any Stay
to, in or through the following countries:
Afghanistan, Cuba, Liberia or Sudan.
- The following are always excluded from the benefit of the contractual guarantees
- any Subscriber or Beneficiary appearing on any official, government or police database of persons known or presumed to be terrorists
- any Subscriber or Beneficiary who is a member of a terrorist organisation, a drug trafficker or involved as a supplier in the illegal trade of nuclear, chemical or biological weapons.
HOW IS YOUR COMPENSATION CALCULATED IF THERE IS A DISAGREEMENT ABOUT THE AMOUNT OF COMPENSATION?
If the compensation cannot be determined by mutual agreement, it is assessed by means of an amicable expert opinion, subject to our respective rights.
Each of us chooses an expert. If these experts are not in agreement with each other, they shall call upon a third and all three shall act jointly and by majority vote.
If one of us fails to appoint an expert or the two experts fail to agree on the choice of a third, the appointment shall be made by the President of the Tribunal de Grande Instance, ruling in summary proceedings. Each of the co-contracting parties shall bear the costs and fees of its own expert, and if necessary, half of those of the third.
HOW LONG WILL YOU BE COMPENSATED?
The settlement shall be made within one month of the agreement reached between us or of the notification of the enforceable court decision.
DECLARATION OF RISK
In accordance with the law, this contract is drawn up on the basis of the declarations of the Policyholder. He must therefore answer the questions asked by the service provider, which are likely to make him appreciate the risks he is taking on.
PENALTIES FOR FALSE DECLARATIONS
Any concealment or intentional misrepresentation on the part of the Policyholder or the Beneficiary, relating to the constituent elements of the risk, is sanctioned by the nullity of the contract.
PRESCRIPTION
All actions deriving from this contract are prescribed by two years as from the event which gives rise to them.
However, this period shall not run :
1. In the event of concealment, omission, false or inaccurate statement of the risk incurred, only from the day when the service provider became aware of it;
2. In the event of a Claim, from the day on which the parties concerned became aware of it, if they can prove that they were unaware of it until then.
When the Policyholder's action against the service provider is based on the recourse of a third party, the period of limitation only runs from the day on which this third party has taken legal action against the Policyholder or has been compensated by the latter.
The limitation period is interrupted by one of the ordinary causes of interruption of the limitation period, in particular by
- any summons, including in summary proceedings, any order or seizure, served on the person who is to be prevented from prescribing.
- any unequivocal acknowledgement by the service provider of the client's right to a guarantee, or any acknowledgement of debt by the Policyholder to the service provider; as well as in the following other cases
- any appointment of an expert following a Claim;
- any sending of a registered letter with acknowledgement of receipt by:
- the Provider to the Policyholder for non-payment of the premium
- the Policyholder to the Provider for payment of the indemnity.
CLAIMS, MEDIATOR
In the event of dissatisfaction relating to the conclusion or execution of this contract, the Policyholder or the Beneficiary may contact the Provider by contacting his usual contact person.
After exhausting the internal channels of appeal and if the disagreement persists after the response given by the provider, the person concerned may refer the matter to the CM2C Consumer Mediator.
This mediation mechanism can be reached by
- electronically: www.cm2c.net
- or by post: CM2C - Centre de médiation de la consommation des conciliateurs de justice - 14 rue saint Jean - 75017 Paris.
ELECTION OF DOMICILE
The service provider elects domicile at the following address
Camping Le Moulin - Chemin du Moulin - 31220 Martres Tolosane
APPLICABLE LAW AND LANGUAGES
This contract is governed by French law. The contracting parties declare that they submit to the jurisdiction of the French courts and renounce any proceedings in any other country.
DECLARATION OF OTHER INSURANCE
If the Subscriber takes out one or more other insurance policies for identical risks during the same period of cover of this contract, the Subscriber must declare this to the service provider, on pain of the contract being declared null and void or a reduction in compensation.
REQUEST FOR INFORMATION
It is agreed that at any time, the provider reserves the right to ask the Policyholder for any information that would enable it to assess the fair value of the evolution of the risk linked to the contract.
DELIVERY OF THE INFORMATION SHEET
The Policyholder undertakes to provide any Beneficiary of this contract with the information sheet drawn up for this purpose on request.
MULTIPLE GUARANTEES
In no case may a Subscriber be covered by more than one subscription to this contract, even if he/she has paid contributions several times. If this were the case, the provider is limited in any case to the guarantees and ceilings of guarantees corresponding to one subscription to this contract.
CORRESPONDENCE
All requests for information or additional details and all claims must be addressed to
Camping Le Moulin - Chemin du Moulin - 31220 Martres Tolosane
All correspondence must be sent in the form prescribed by the regulations in force.
If the Subscriber sends his/her e-mail and/or mobile phone details, Camping Le Moulin reserves the right (unless the client exercises his/her right to object) to send information by e-mail and/or SMS.
INFORMATIQUE ET LIBERTE (law N 7801 of 06/01/78)
The personal data collected by the service provider is collected in order to allow the subscription as well as the management of contracts and claims by the services of the service provider. This data may be communicated to the service provider's agents, partners, service providers and subcontractors for these same purposes and may be transferred outside the European Union. In order to ensure the security and adequate protection of personal data, these transfers have been authorised in advance by the CNIL and are governed by guarantees, in particular by the standard contractual clauses established by the European Commission.
In accordance with the amended law n° 78-17 of 6 January 1978, the rights of access, rectification and opposition for legitimate reasons of the persons concerned may be exercised by contacting the service provider at the following address
Camping Le Moulin - Chemin du Moulin - 31220 Martres Tolosane
enclosing their file reference and a copy of their identity card. They may also object, by simple letter sent as indicated above, to their personal data being used for commercial prospecting purposes.
APPLICABLE LAW AND JURISDICTION
This contract is governed by French law. The contracting parties declare that they submit to the jurisdiction of the French courts and waive any proceedings in any other country.
WHAT ARE THE LIMITS APPLICABLE IN CASE OF FORCE MAJEURE?
We cannot be held responsible for failures to provide Assistance services resulting from force majeure or the following events: civil or foreign wars, notorious political instability, popular movements, riots, acts of terrorism, reprisals, restrictions on the free movement of people and goods, strikes, explosions, natural disasters, disintegration of the atomic nucleus, nor for delays in the provision of services resulting from the same causes.
TABLE OF COVER AMOUNTS
GUARANTEES AMOUNTS
CANCELLATION COSTS According to the conditions of the cancellation cost scale :
Cancellation more than 30 days before the start of the rental period: 30% of the rental amount
Cancellation less than 30 days before the start of the rental period: 100% of the rental amount
Max. €7,000 per file
INTERRUPTION COSTS Refund of unused rent on a pro rata temporis basis in the event of premature return
Max. €7,000 per case
GUARANTEES EFFECTIVE DATE EXPIRY OF THE GUARANTEE
CANCELLATION The day of subscription to this contract The day of arrival at the place of stay
INTERRUPTION The day of arrival at the place of stay The day of departure from the place of stay
SUBSCRIPTION DEADLINE
In order for the cancellation cover to be valid, this contract must be taken out at the same time as the holiday is booked and the premium must be paid in full by the member.
DETAILS OF COVER
I. CANCELLATION
CANCELLATION EFFECTIVE DATE EXPIRY OF COVER
The day of the subscription to this contract The day of departure - place of convocation of the group (on the outward journey)
WHAT DO WE GUARANTEE?
We will reimburse the deposits or any sums retained by the tour organiser and invoiced in accordance with the organiser's general terms and conditions of sale (excluding administration fees, visa fees, the guarantee premium and any taxes), when you are obliged to cancel your trip before departure (on the outward journey).
The reimbursement per claim, which may not, under any circumstances, exceed the price of the rental or service indicated on the registration form or on the rental or service contract, is however limited:
a) cancellation more than 30 days before the start of the rental period :
30% of the rental amount,
b) cancellation 30 days or less before the start of the rental period :
100% of the rental amount
IN WHICH CASES DO WE INTERVENE?
The guarantee is acquired in all cases of cancellation, if your departure is prevented by a random event, which can be justified.
By random event we mean any unintentional circumstance on your part or on the part of a member of your family and not excluded under the present contract, unforeseeable on the day of the subscription and resulting from the sudden action of an external cause, except :
- Any circumstance that only affects the simple pleasure of the Stay,
- The failure of any kind, including financial, of the organiser of your trip or the carrier making it impossible to fulfil its contractual obligations, the responsibility of the Provider or the carrier,
- Cancellations caused by the Provider or the carrier,
- Any event for which the tour operator may be held responsible in application of the law n°92-645 of 13 July 1992.
- Cancellations due to a forgotten vaccination,
- Illnesses or accidents that were first diagnosed, relapsed, aggravated or hospitalised between the date of purchase of the trip and the date of subscription to the guarantee contract.
- In the event of a medical event whose diagnosis, symptoms or cause are of a psychological or psychiatric nature, and which has not resulted in hospitalisation for more than 3 consecutive days.
- In the event of an event occurring between the date of reservation of your trip and the date of subscription of this contract
- Cancellations due to the non-presentation of a document essential to the Trip.
- Earthquakes, volcanic eruptions, tidal waves, floods or natural disasters, except within the framework of the provisions relating to the compensation of victims of Natural Disasters resulting from Law 86-600 of 13/07/1986.
- The simple fact that the destination of your trip is not recommended by the French Ministry of Foreign Affairs
The exclusions listed under the heading WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO ALL OUR GUARANTEES remain applicable to the Cancellation guarantee
Cancellation of one of the persons accompanying you (maximum 8 persons) registered at the same time as you and covered by this same contract, when the cancellation is due to one of the covered causes.
WHAT WE EXCLUDE
In addition to the exclusions listed under the heading WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO ALL OUR GUARANTEES, we cannot intervene if the cancellation results from
- Illnesses or accidents that were first diagnosed, relapsed, aggravated or hospitalised between the date of purchase of the trip and the date of subscription of the guarantee contract;
- Any medical event whose diagnosis, symptoms or cause are of a psychological or psychiatric nature, and which has not resulted in hospitalisation for more than 3 consecutive days.
- Default of any kind, including financial default, by the organiser of your trip or the carrier, making it impossible to fulfil its contractual obligations.
- the simple fact that the destination of your trip is not recommended by the French Ministry of Foreign Affairs;
- any event for which the tour operator could be held responsible in application of law n°92-645 of 13 July 1992.
- Any event occurring between the date of booking your trip and the date of subscription to this policy.
FOR WHAT AMOUNT DO WE INTERVENE?
We intervene for the amount of the cancellation fees invoiced on the day of the event that may engage the guarantee, in accordance with the General Terms and Conditions of Sale of Camping Le Moulin, with a maximum and an excess indicated in the table of guarantee amounts.
Only the sums paid to Camping Le Moulin are taken into account.
The guarantee premium is never refundable, nor are the booking fees and administrative costs.
HOW LONG DO YOU HAVE TO DECLARE THE DAMAGE?
1. Medical reasons: you must declare your claim as soon as it is established by a competent medical authority that the seriousness of your state of health is such as to contraindicate your trip.
If your cancellation is subsequent to this contraindication to travel, our reimbursement will be limited to the cancellation fees in force at the date of the contraindication (calculated according to the travel organiser's schedule of which you were aware at the time of registration)
For any other reason for cancellation: you must declare your claim as soon as you become aware of the event that may give rise to the guarantee.
If you cancel your trip after this date, our reimbursement will be limited to the cancellation fees in force on the date of the event (calculated according to the travel organiser's schedule of which you were aware at the time of registration).
2. On the other hand, if the claim has not been notified directly to us by the travel agency or the organiser, you must notify us within five working days of the event giving rise to the guarantee. To do this, you must send us the claim declaration attached to the guarantee contract that was given to you.
WHAT ARE YOUR OBLIGATIONS IN THE EVENT OF A CLAIM?
Your declaration must be accompanied by :
- in case of illness or accident: a medical certificate and/or a hospitalization report specifying the origin, nature, seriousness and foreseeable consequences of the illness or accident,
- in the event of death: a certificate and the civil status form,
- in other cases: any supporting documents.
You must send us the documents and medical information necessary for the processing of your application by post or by e-mail to info@campinglemoulin.com
If you do not have these documents or information, you must ask your doctor to send them to us. You must release your doctor from medical confidentiality. The same applies to the doctor treating the person who caused the cancellation, otherwise your rights to compensation will be forfeited.
You must also send us (the communication of these additional documents must be done by post or by e-mail to info@campinglemoulin.com) all information or documents that may be requested in order to justify the reason for your cancellation, and in particular
- all photocopies of prescriptions for medicines, tests or examinations as well as all documents justifying their delivery or execution, and in particular the sick leave forms including, for the medicines prescribed, copies of the corresponding labels.
- the statements from the Social Security or any other similar organisation, relating to the reimbursement of treatment costs and the payment of daily allowances,
- the original receipted invoice for the debit which you are required to pay to the travel organiser or which the latter keeps,
- the registration form issued by the travel agency or organiser,
- in the event of an accident, you must specify the causes and circumstances, and provide us with the names and addresses of those responsible, as well as, if applicable, of witnesses.
In addition, it is expressly agreed that you accept in advance the principle of an examination by our medical officer. If you object to this without a legitimate reason, you will lose your rights to cover.
You must send the claim to us at :
CAMPING LE MOULIN
Chemin du Moulin
31220 MARTRES TOLOSANE
II. INTERRUPTION OF STAY
INTERRUPTION OF STAY EFFECTIVE DATE EXPIRY OF THE GUARANTEE
The day of the planned departure (place of convocation of the organiser) The day of the planned return from the trip (place of dispersion of the group)
WHAT DO WE COVER?
Following your medical repatriation organised by AIG Europe Limited or any other assistance company, we will reimburse you and your insured family members or any person insured under this policy accompanying you, for any unused accommodation costs already paid (excluding transport) on a pro-rata basis from the night following the event leading to medical repatriation or hospitalisation on site.
Similarly, if a member of your family who is not participating in the trip suffers a serious illness, a serious bodily injury or death, and if, as a result, you have to interrupt your stay and we proceed with your repatriation, we will reimburse you and the members of your family covered or a person accompanying you, on a pro rata basis, the accommodation costs already paid and not used (not including transport) from the night following the date of the early return.
We also intervene in the event of theft, serious damage caused by fire, explosion, water damage, or caused by the forces of nature to your professional or private premises and imperatively requiring your presence in order to take the necessary protective measures, we reimburse you and the members of your family guaranteed or a person accompanying you, on a pro rata basis, the costs of the stay already paid and not used (transport not included) as of the night following the date of the early return.
We also intervene in the event of epidemics, natural disasters or pollution affecting the place where you are staying and making your presence impossible, we will reimburse you and the members of your family guaranteed or a person accompanying you, on a pro rata basis, the accommodation costs already paid and not used (transport not included) as from the night following the date of the early return.
WHAT WE EXCLUDE
In addition to the exclusions provided for in the general terms and conditions, we do not cover interruptions due to
- A cosmetic treatment, a cure, a voluntary interruption of pregnancy, an in vitro fertilisation and its consequences;
- A psychological or mental illness or depression without hospitalisation of less than three days;
WHAT ARE YOUR OBLIGATIONS IN THE EVENT OF A CLAIM?
You must send the provider all the documents necessary for the constitution of the file and thus prove the validity and the amount of the claim.
In all cases, you will be systematically asked for the originals of the detailed invoices of the tour operator showing the land and transport services.
Without the communication of the medical information necessary for the investigation, the case cannot be settled.
You must send the claim to us at
CAMPING LE MOULIN
Chemin du Moulin
31220 MARTRES TOLOSANE
