CANCELLATION OF PARTICIPATION INSURANCE IN SPORTS EVENT (includes any muscular or other injury that prevents the Insured from participating in sports competition)
This insurance contract is governed by the provisions of these General Conditions and the Particular of the policy, in accordance with the provisions of Law 50/1980, of October 8, Insurance Contract, and Law 20 / 2015, of July 14, of organization, supervision and solvency of insurance and reinsurance entities.
In this contract it is understood by:
ARAG S.E., Branch in Spain, which assumes the risk defined in the policy.
The natural or legal person that with the INSURER signs this contract, and to which correspond the obligations that derive from it, except those that by their nature must be fulfilled by the INSURED.
The natural person who, in the absence of the POLICYHOLDER, assumes the obligations derived from the contract.
The contractual document that contains the Insurance Regulatory Conditions. The General Conditions, the Individuals that identify the risk, and the supplements or appendices that are issued to it to complete or modify it, are an integral part of it.
The price of the insurance will be different depending on the different areas of coverage, which will be determined in the Particular Conditions of the policy.
The receipt will also contain the surcharges and taxes of legal application.
They will be considered family members of the INSURED, their spouse or domestic partner, or person who as such lives permanently with the INSURED, as well as relatives of up to third degree of kinship: parents, children, grandparents, grandchildren, brothers, uncles, nephews , in-laws, sons-in-law, daughters-in-law and brothers-in-law.
Alteration of the health, verified by a medical professional, that forces the patient to remain in bed and that implies the cessation of any activity, professional and private within seven days prior to the contracted trip.
When the disease affects someone other than the INSURED, it will be understood as serious when it implies, after contracting the insurance, a minimum hospital stay of one night or carries the risk of imminent death and said situation is maintained within 7 days prior to the Travel date.
Any bodily injury that derives from a violent, sudden, external cause, unrelated to the intentionality of the injured party, verified by a medical professional, that implies hospitalization or the need to stay in bed, that said situation be maintained within 7 days prior to the date of the trip and that according to the criteria of the ARAG medical team makes it impossible for him to attend on the scheduled date.
When the accident affects someone other than the INSURED, it will be understood as serious when it implies, after contracting the insurance, hospitalization or carries the risk of imminent death and said situation is maintained within 7 days prior to the date of travel.
1. PURPOSE OF THE INSURANCE.
ARAG guarantees, up to the limit indicated in the Particular Conditions and subject to the exclusions mentioned in these General Conditions, the reimbursement of expenses for the cancellation of a trip to attend a sporting event that occurs at the expense of the Insured and that You are billed by application of the general conditions of sale, provided that you cancel the same before the initiation of this, for one of the following causes that occur after the insurance is subscribed and that prevents you from attending on the dates contracted and specified. in article 5 of this contract. Reimbursement of registration fees for the sports event is included.
2. TERRITORIAL SCOPE
The guarantee described in this Policy is valid for trips that occur in Spain, in accordance with what is specified in the Particular Conditions.
3. PAYMENT OF PREMIUMS
The Policyholder is obliged to pay the premium at the time the contract is formalized. Successive premiums must be paid on the corresponding maturities.
If in the Particular Conditions no other place for the payment of the premium is determined, it must be paid at the address of the Policyholder.
In case of non-payment of the premium, if it is the first annuity, the effects of the coverage will not begin and the Insurer may resolve or demand the payment of the agreed premium. The non-payment of the successive annuities will produce, after one month of their maturity, the suspension of the policy guarantees. In any case, the coverage will take effect 24 hours a day on which the Insured pays the premium.
4. RISK INFORMATION
The Policyholder has the duty to declare to ARAG, before the formalization of the contract, all the circumstances known by him that may influence the risk assessment, according to the questionnaire submitted to him. You will be exempt from such duty if ARAG does not submit a questionnaire to you or when, even if you submit it, it involves circumstances that may influence the risk assessment and that are not included in it.
The Insurer may terminate the contract within a month, counting from the moment the reservation or inaccuracy of the Policyholder's declaration becomes known to him.
During the term of the contract, the Insured must communicate to the Insurer, as soon as possible, the alteration of the factors and the circumstances declared in the questionnaire mentioned in this article that aggravate the risk and are of such nature. that if they had been known by the Insurer at the time of the perfection of the contract, it would not have concluded it or would have done so in more onerous conditions.
Once a risk aggravation is known, ARAG can, within a month, propose the modification of the contract or proceed to its termination.
If there is a decrease in risk, the Insured is entitled, from the next annuity, to the reduction of the amount of the premium in the corresponding proportion.
In the event of an incident covered by this policy, ARAG, as soon as it is notified in accordance with the procedure indicated in Article 7, guarantees the provision of the following services:
The INSURER guarantees, up to the limit established in the PARTICULAR CONDITIONS, the reimbursement of the expenses for canceling the amount of the Insured's registration for a sporting event that are produced by the INSURED and that they are invoiced by application of the general conditions of sale of the Travel Agency or any of the providers of the trip, including management expenses, provided that it cancels the same before the start of the trip and for one of the following causes, which affect the INSURED, occurring after the insurance contract and that prevents the INSURED from attending said sporting event.
1. Due to death, hospitalization for at least one night, serious illness or serious bodily accident:
a) The Insured or one of their relatives, understanding them as established in the General Conditions of the policy.
b) Of the person in charge during the trip of the Insured, of the custody, in the habitual residence, of the minor or disabled children.
c) The direct substitute of the Insured, at his job, provided that this circumstance prevents him from making the trip at the request of the Company of which he is employed.
In relation to the Insured, “Serious illness” means an alteration in health that implies hospitalization or the need to stay in bed, within 7 days prior to the trip, and which, medically, makes it impossible to start the trip on the scheduled date.
"Serious accident" means bodily harm, unintentional on the part of the victim, arising from the sudden action of an external cause and which, in the opinion of a medical professional, makes it impossible for the Insured to start the trip on the scheduled date, or carries a risk of death for any of the aforementioned relatives.
When the disease affects any of the aforementioned persons, other than the Insured, it will be understood as serious when it implies a minimum hospital stay of one night or the need to stay in bed for a period of at least 3 days, or carries the risk of imminent death.
2. Any muscular or other injury that prevents the Insured from participating in sports competition. In order for the insurer's Medical Services to assess whether the scope of said injury is cause for annulment, the Insured must provide the appropriate documentation that proves it (for example, MRI or Electromyography or CAT scan that allows assessing the integrity / fibrillar rupture of the muscles).
3. Call of the Insured as a party, witness or jury in a Civil, Criminal, Labor Court.
4. The call as a member of an electoral table for elections at the state, regional or municipal level.
5. The Presentation to examinations of official competitions summoned through a public organism after the subscription of the insurance. This presentation can be either as an opponent or as a member of the court.
6. Serious damage caused by fire, explosion, theft or by force of nature, in your primary or secondary residence, or in your professional premises if the insured is a liberal profession or runs a company and his presence is imperatively necessary.
7. Due to the Insured's job dismissal. In no case will this guarantee come into force by termination of the employment contract, voluntary resignation or by not exceeding the trial period. In any case, the insurance must have been subscribed before the written communication from the Company to the worker.
8. The incorporation to a new job, in a different company to the one that was performing the job, with an employment contract of more than one year and provided that the incorporation occurs after the registration of the trip and, therefore, to Insurance subscription.
9. Declaration of the income made in parallel, made by the Ministry of Economy and Finance that results in an amount to be paid by the Insured greater than € 600.
10. Act of air, land or naval piracy that makes it impossible for the insured to start their trip on the scheduled dates.
11. Call for the insured's surgical intervention, as well as medical tests prior to said intervention. (Includes organ transplant as recipient or donor).
12. Call for medical tests of the insured or first or second degree relatives, carried out by the Public Health as a matter of urgency, provided that they are justified by the seriousness of the case.
13. Serious complications in the state of pregnancy that, due to a medical prescription, force to rest or require hospitalization of the Insured, his spouse, domestic partner or person who as such lives permanently with the insured, provided that such complications have been produced after contracting the policy and seriously jeopardizing the continuity or the necessary development of said pregnancy.
14. Police retention of the Insured, occurring after the insurance subscription, which coincides with the dates of the trip.
15. Court summons for the divorce process that occurs after the trip is signed and coincides with the date of the trip.
16. Urgently request to join the armed forces, the police or the fire services, as long as the incorporation is notified after the insurance is signed.
In any case, this guarantee must be contracted the day of the reservation confirmation.
SPECIFIC EXCLUSIONS FROM THE SPORT TRAVEL CANCELLATION EXPENSE GUARANTEE
Not covered by this warranty:
In addition to what is indicated in Article 7 Exclusions of these General Conditions of insurance, travel cancellations that originate from:
a) Aesthetic treatment, a cure, an air travel contraindication, the lack or contraindication of vaccination, the impossibility of following the recommended preventive medicinal treatment in certain destinations, the voluntary interruption of pregnancies, alcoholism, the consumption of drugs and narcotics , unless these have been prescribed by a doctor and are consumed as indicated.
b) Mental, mental or nervous illnesses and depressions without hospitalization, or that justifies a hospitalization of less than seven days. Pre-existing chronic ailments or diseases, as well as their consequences.
c) Illnesses that are being treated or require medical care within the previous 30 days, both on the date of the trip reservation, and on the date of inclusion in the insurance.
d) Participation in bets, contests, duels, crimes, fights, except in cases of legitimate defense.
e) Epidemics, pandemics, medical quarantine, pollution and natural disasters both in the country of origin and in the country of travel destination.
f) War (Civil or foreign), declared or not, riots, popular movements, acts of terrorism, all effects of a source of radioactivity, as well as the conscious non-observance of official prohibitions.
g) The non-presentation for any reason of the essential documents in any trip, such as passport, visa, tickets, card or vaccination certificate.
h) Intentional acts, as well as intentionally caused self-harm, suicide or attempted suicide.
The INSURER will assume the expenses outlined, within the established limits and up to the maximum amount contracted for each case. In the case of events that have the same cause and have occurred at the same time, they will be considered as a single incident.
The INSURER will be obliged to pay the benefit, except in the event that the claim was caused by bad faith of the INSURED.
In the guarantees that involve the payment of a liquid amount in money, the INSURER is obliged to pay the compensation at the end of the investigations and expert reports necessary to establish the existence of the claim. In any event, the INSURER will pay, within 40 days from the receipt of the claim statement, the minimum amount of what it may owe, according to the circumstances known to it. If within three months from the production of the claim the INSURER had not made such compensation for an unjustified reason or that is attributable to him, the compensation would be increased by 20 percent per year.
The agreed guarantees do not include:
a) The acts voluntarily caused by the Insured or those in which intent or serious fault on the part of the same occurs.
b) Events, ailments and chronic or pre-existing diseases, as well as their consequences suffered by the Insured prior to the effect of the policy, or, where appropriate, those suffered prior to the last insurance extension, are excluded.
c) Death by suicide or injuries or illnesses derived from the attempt or intentionally produced by the Insured himself, and those derived from the Insured's criminal enterprise.
d) Diseases or pathological states produced by the ingestion of alcohol, psychotropic, hallucinogens or any drug or substance of similar characteristics.
e) Aesthetic treatments and the supply or replacement of hearing aids, contact lenses, glasses, orthoses and prostheses in general, as well as the costs of childbirth or pregnancy and any type of mental illness.
f) Injuries or illnesses derived from the Insured's participation in sports betting, competitions or tests, skiing and any other type of winter sports or so-called adventure sports (including hiking, trekking and similar activities), and the rescue of people in the sea, mountains or desert areas.
g) The assumptions that arise, directly or indirectly, from acts produced by nuclear energy, radioactive radiation, natural catastrophes, warlike actions, riots or terrorist acts.
h) Any type of medical or pharmaceutical expense of less than what is stipulated in the Particular Conditions of the policy.
8. DECLARATION OF A CLAIM
Before the production of a claim that may give rise to the covered benefits, the INSURED must, indispensable, contact the emergency telephone service established by the INSURER, indicating the name of the INSURED, policy number, place and telephone number where find, and type of assistance you need. This communication may be made in reverse collection.
It will be grounds for rejection of the claim, if in bad faith the INSURED presents false statements, exaggerates the amount of the damage, intends to destroy or make disappear existing objects before the claim, conceals or removes all or part of the insured objects, uses documents as justification inaccurate or using fraudulent means, you lose all right to compensation for the incident.
9. ADDITIONAL PROVISIONS
The INSURER will not assume any obligation in connection with benefits that have not been requested or that have not been performed with its prior agreement, except in duly justified cases of force majeure.
When the direct intervention of the INSURER is not possible in the provision of the services, the INSURER shall be obliged to reimburse the INSURED for the duly accredited expenses derived from such services, within a maximum period of 40 days from the presentation of the same.
In any case, the Insurer reserves the right to request the Insured to present documents or reasonable evidence in order to make the payment of the requested benefit effective.
Up to the amount of the amounts disbursed in compliance with the obligations derived from this policy, the INSURER will automatically be subrogated in the rights and actions that may correspond to the INSURED or their heirs, as well as other BENEFICIARIES, against third parties, individuals or legal, as a result of the incident causing the assistance provided.
The actions derived from the insurance contract expire within two years, counting from the moment they could be exercised.
If the content of this policy differs from the insurance proposal or from the agreed clauses, the POLICYHOLDER of the insurance may claim the INSURER within a month, counting from the delivery of the policy, to correct the existing divergence. Once said period has elapsed without the claim being made, the provisions of the policy will be followed.