circle ticketing - circles group · specific 3 | cg-ticketing-01092018 – english version circle...

Circle Ticketing Insure your Ticket online

Specific conditions governing each cover General Terms and Conditions

www.circlesgroup.com CG-TICKETING-01092018 – English version

Specific Conditions governing each cover General Conditions

This document completes the Particular Conditions. Together, they form the contract. This document sets out the characteristics specific to each cover, “what is covered” and “what is excluded (UNLESS AN EXEMPTION is expressly mentioned in the Particular Conditions)” and the general conditions and exclusions that apply to all types of cover (UNLESS AN EXEMPTION is expressly mentioned in the Particular Conditions).

3 | CG-TICKETING-01092018 – English version

Circle Ticketing – Specific Conditions / General Conditions

TABLE OF CONTENTS 1. SPECIFIC CONDITIONS 3 1.1 CANCELLATION 3 1.2 PERSONAL ACCIDENTS 6

2. GENERAL TERMS AND CONDITIONS 9 2.1 COVERAGE TERRITORY 9 2.2 SANCTIONS LIMITATIONS 9 2.3 PROTECTION OF THE PRIVACY AND RIGHTS OF REGISTRANTS 9 2.4 RETRACTION PROVISION 10 2.5 DEADLINE FOR TAKING OUT COVER 10 2.6 POLICY TERM 10 2.7 OVERLAPPING COVERAGE 10 2.8 SUBSIDIARITY 10 2.9 STATUTE OF LIMITATIONS 12 2.10 FRAUD 12 2.11 LEGAL ACTION - SUBROGATION 12 2.12 JOINT POLICY 12 2.13 DISPUTES - JURISDICTION 13

3. GLOSSARY 14



1. SPECIFIC CONDITIONS

1.1 CANCELLATION

1.1.1 DEFINITION This insurance guarantees that the insured ticket will be refunded at the insured person’s request according to the principles set out in section 1.1.3 of the terms and conditions herein.

This cover is valid in all cases except if the exclusions below apply.

1.1.2 EXCLUSIONS The following are not insured (UNLESS AN EXEMPTION is mentioned in the Particular Conditions):

a) The refund of tickets for which the insurance premium was allegedly not paid;

b) Fraud and malicious acts; c) The request for a refund of a ticket insured beforehand when the

insured person was aware of facts and/or circumstances such that when taking out the insurance policy he already knew that his ability to attend the event linked to the insured ticket was in doubt;

d) War, declared or not, it being stipulated that it is the Insured person’s responsibility to prove that the loss results from an event other than war;

e) Any ionising radiation or radioactive contamination from nuclear fuel and/or nuclear waste and/or from burning nuclear fuel and dirty bombs.

f) Actual or threatened malicious use of pathogenic or poisonous biological or chemical materials regardless of any other cause or event contributing concurrently or in any other sequence thereto;

g) The financial failure of any venture, financial default, insolvency, or failure to pay of any person, corporation or entity;

h) Cyber-crime.

1.1.3 TICKET REFUND CONDITIONS

Refund procedure Any claim for refund from the insured has to be done through the dedicated Circles Group interface. A link and a QR code to this dedicated interface will be sent to the insured at the purchase of insurance.

Closing date of the automatic cancellation period : definition

By automatic cancellation period closing date we understand, the ultimate limit after which the organizer cannot do any modification with regard to the final list of people authorized to participate to the insured event: a) distribution of the bib numbers (sports event);

1/



b) opening of the doors (concerts, stadium); c) the final transfer of data towards the offline access control terminals.

The automatic cancellation period closing date will be decided by the organizer of the insured event and will be communicated to the Insured.



Refund request before the closing date of the automatic cancellation period

The refund will be done to the insured within a time period of 72 (seventy-two) hours starting from the date of refund demand, unless it falls within the exclusions found under section 1.1.2 of the general conditions.

Refund request after the closing date of the automatic cancellation period

The refund will be done to the insured within a time period of 8 (eight) days starting from the date of the end of the insured event and after control by the insurer with the organiser that the insured did not participate to the insured event, unless it falls within the exclusions found under section 1.1.2 of the general conditions. The refund demand has to be done within the 72 hours after the end of the event.

Information requested to the insured in case of refund

Since the insurance policy is based on trust, theoretically, no request shall be made for additional information or evidence in order to refund the insured ticket. However, the insurer reserves the right to verify the reasons given by the insured person which led him to claim a refund for his ticket.

In addition, when requesting a refund, the insured person will certify on his honour that when he took out the insurance policy, he was unaware of the facts and/or circumstances resulting in the cancellation.

1.1.4 RECOVERING CANCELLED TICKETS

Cancelled tickets belong to the insurer once they are refunded by the insurer.

The ticket seller and/or organiser does not have the right to resell the tickets without the prior consent of the insurer.

The insurer does not have the right to sell the cancelled tickets without the consent of the ticket seller and/or organiser.

The revenue from the resale of cancelled tickets, limited to the insured amount, less any fees, belongs to the insurer.

If the tickets are not resold, the insurer has enjoyment of them.

1.1.5 TRANSFER OF OWNERSHIP OF INSURED TICKETS

It is possible that the company owning the rights of sale of tickets offers an ownership transfer of the tickets sold.

If this feature is offered, the tickets transferred and not cancelled via the company that holds the rights to sell tickets, to a person or a group of people other than those set out in the Particular conditions, automatically leads to the transfer of the same rights and obligations, to the new insured person that the transferor held when taking out the policy.

This transfer of ownership cannot be done without notifying the insurer.

The insurer undertakes, as soon as he is aware of the transfer of ownership, to transfer electronically to the new insured person an amendment to the insurance policy that continues the same rights and obligations in the name of the new insured person.



1.2 PERSONAL ACCIDENTS

1.2.1 INSURED PERSON Natural persons whose names are mentioned under the section insured person for personal accident in the Particular conditions are insured.

1.2.2 COVERS Death

Compensate for the amount stated in the Particular conditions the dependants of the insured person following accidental death that occurred whilst participating in and/or during the event.

Permanent disability

Compensate, according to the degree of physiological disability as is set out in point 1.2.4, for the maximum amount stated in the Particular conditions and after consolidation, any permanent disability when it results from an accident that is not excluded in point 1.2.3, which occurred during the event.

Physiological disability of over 67% equates to 100%.

Medical expenses

In addition to the above, the company will pay up to 25.000 € for medical and outpatient fees related to an accident during the event.



1.2.3 EXCLUSIONS Damages resulting from the following situations are not covered, in addition to the general exclusions (UNLESS AN EXEMPTION is mentioned in the Particular Conditions):

a) Travelling on an aeroplane other than on a scheduled flight; b) Participating in competitive endurance or speed events and trials

on board land, sea or air vehicles; c) Participating in a tour de force, unless this was pre-declared; d) Involvement, in a private capacity, in an altercation or a

notoriously perilous or acrobatic activity that endangers the life of the insured person unless these actions are carried out in an attempt to save a person’s life or in self-defence;

e) Involvement during the period of cover in combat sports, water sports, air sports and motorsports.

f) Involvement during the period of cover in sports such as scuba-diving with a compressed air tank, underwater fishing, bobsledding, skeletonning, mountaineering and speleology.

g) Involvement in crime; h) Use of medication or narcotics other than those prescribed by a

doctor; i) Suicide or attempted suicide, intentional maiming, a criminal act,

insanity; j) Pregnancy, birth, menstruation; k) Cardio-vascular accident.

1.2.4 PHYSIOLOGICAL DISABILITY SCALE

Permanent total disability (PTD)

Nature of the disability % of the capital insured

1. Death 100

2. Loss of limbs, eyes, or a limb and an eye

100

3. Loss of a limb or an eye 50

4. Permanent total disability (PTD) for an injury other than those mentioned above

100

Permanent partial disability (PPD)

Nature of the disability % of the capital insured

1. Loss of toes - all - severe – all phalanges - severe – one phalange - other – per toe

20 5 2 1

2. Loss of hearing – each ear 50



3. Loss of hearing – one ear 15

4. Loss of voice 50

5. Loss of all fingers on one hand 40

6. Loss of 4 fingers 35

7. Loss of a thumb: - two phalanges - one phalange

25 10

8. Loss of an index finger: - three phalanges - two phalanges - one phalange

10 8 4

9. Loss of a middle finger: - three phalanges - two phalanges - one phalange

6 4 2

10. Loss of a ring finger: - three phalanges - two phalanges - one phalange

5 4 2

11. Loss of a little finger: - three phalanges - two phalanges - one phalange

4 3 2

12. Loss of metacarpal - first or second - other

3 2

13. Any other partial loss Set by the doctor

1.2.5 LOSS Declaration

Any loss must be declared to us within 8 days of it occurring.

General points

In the event of loss affecting disability cover or the cover of medical expenses, you must take all necessary measures to minimise the loss, contact a doctor immediately and keep all evidence.



2. GENERAL TERMS AND CONDITIONS IMPORTANT CLARIFICATION

“The general terms and conditions and exclusions apply to all types of cover (UNLESS AN EXEMPTION is expressly mentioned in the Particular Conditions)”.

2.1 COVERAGE TERRITORY

The cover applies throughout the world with the exception of: a) Countries at war; b) Countries subject to a travel warning published and issued by the

legitimate political authorities before the cover was taken out; c) The countries listed below:

Afghanistan, Albania, Algeria, Angola, Azerbaijan, Bangladesh, Benin, Burundi, Cameroon, Congo Brazzaville, Cuba, North Korea, Ivory Coast, Djibouti, El Salvador, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guam, Guinea-Bissau, Haiti, Honduras, Irk, Iran, Israel, Jordan, Kazakhstan, Kyrgyzstan, Kuwait, Lebanon, Liberia, Libya, Malawi, Mali, Mauritania, Burma, Nauru, Nepal, Nicaragua, Niger, Nigeria, Uganda, Pakistan, Palestine, Papua New Guinea, Paraguay, Central African Republic, Peru, Central African Republic, Democratic Republic of Congo, Rwanda, Sierra Leone, Somalia, Sudan, Swaziland, Syria, Tajikistan, Chad, Togo, Tonga, Turkmenistan, Ukraine, Uruguay, Venezuela, Yemen, Zimbabwe.

2.2 SANCTIONS LIMITATIONS

No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.

2.3 PROTECTION OF THE PRIVACY AND RIGHTS OF REGISTRANTS

The policy holder and if relevant the insured person, referred to hereinafter as “the parties concerned”, agree to their personal data being processed by Circles Group sa, an insurance company governed by the law of Luxembourg located at Route d’Arlon, 6 Bat C, L-8399 Wondhof, registered under company number 20012206098, and by the broker manager, whose name and address are stated in the Particular conditions, and who is responsible for processing the data. The parties concerned agree to their personal information being recorded and processed for insurance policies to be concluded, for relationships resulting from insurance policies to be managed, for preventing abuse and fraud, for

3/



preparing statistics and tests and for marketing products. The parties concerned agree to these details being shared by Circles Group sa and the broker, and being communicated to other third parties when required for contract performance or if there is a legitimate interest. This consent also applies to communication with countries that are not members of the European Union. Access to personal data is strictly limited to people who require access in order to carry out their job. The refusal by a party concerned to provide certain personal details requested by Circles Group or the broker, may prevent the creation of contractual relationships, alter their nature or influence how they are managed. The parties concerned give their explicit and special consent for Circles Group to process personal details regarding their health under the responsibility of a healthcare professional and, according to the same conditions, for potential reinsurers or co-insurers based in Luxembourg or abroad to use the data. Personal details regarding health are used for the purposes stated above, except for marketing. The parties concerned have the right to consult and rectify any inaccuracies in their personal data. To exercise these rights, the parties concerned must send a written request to the address/es stated above. The parties concerned have the right to object, on request and free of charge, to the use of their personal information for direct marketing purposes. You may address such a request to [email protected].

2.4 RETRACTION PROVISION

If the ticket is purchased over the Internet, the insured person has the option to waive the covers of the policy, freely and without penalty, within (14) calendar days from the date of his application for cover made on this platform. To exercise this right, he must, within this 14-day period, send an email waiver with acknowledgement of receipt to [email protected].

2.5 DEADLINE FOR TAKING OUT COVER

a) At the latest 72 hours before the event. b) At the earliest, on the date that the ticket to be insured goes on sale on

an e-ticket platform.

2.6 POLICY TERM The policy is concluded for the term stipulated in Particular conditions and is effective from the date mentioned, as long as the premium has been paid.

In any case, the cover ends after one year or closing date of the automatic cancellation period whichever the lesser.

2.7 OVERLAPPING COVERAGE

When two or more covers cover the same loss, the cover that provides the highest indemnity will be applied.

2.8 SUBSIDIARITY Generally, when the same interest is insured by different insurers for the

mailto:[email protected]



same risk, the regulations stipulated in local legislation (the policy holder’s country of residence) will apply. If no regulations are stipulated in local legislation, the conditions herein will only apply on a subsidiary basis.

If the same interest is insured by different insurers for the same risk, the insured person must notify the insurer and communicate the identity of the other insurer/s and the number of the policy or policies.



2.9 STATUTE OF LIMITATIONS

Any action resulting from the policy is subject to a time limit of three years, from the date of the event that gave rise to it, unless a different provision in local legislation applies (e.g. in France, this time limit is two years).

2.10 FRAUD Any fraud committed by the insured person in taking out the policy, in the declaration or answers to the questions, including the medical questionnaire, will result in the insured person losing his rights with regard to the insurer.

2.11 LEGAL ACTION - SUBROGATION

a) The Insurer reserves all rights to take legal action against third parties responsible for damages. He is subrogated to the rights of insured persons for the amount of his intervention.

b) The Insurer acknowledges and accepts, however, the civil inviolability of the policy holder and their employees.

c) In the event of damages, the insured persons will make every effort in respect of liable third parties in order to cover the Insurer’s legal action. However, the Insurer will not lodge any complaints against the Insured persons for negligence or inattention. He waives the right to any legal action or appeal due to inadmissibility except in the event of fraud committed by the Insured persons.

2.12 JOINT POLICY When several companies are party to this contract, a lead insurer is identified in the Particular conditions; failing this, the first named in the list of co-insurers will act as the lead insurer.

The insurance is taken out by each company for its part and without financial solidarity, according to the same clauses and conditions as those that apply between the lead insurer and the policy holder.

The lead insurer is considered as the representative of the other co-insurers to receive the declarations stipulated in the contract. The insured person may send them any services and notifications except those relating to legal action instigated against the other co-insurers. The lead insurer must inform the co-insurers of this without delay.

The lead insurer receives the notice of claim and informs the other co-insurers. He acts quickly with respect to the regulations on loss and selects, for this purpose, the expert among the co-insurers, without prejudice to the fact that each of them has the right to choose a representative to carry out the assessment.

Any declarations made to the lead insurer, any extensions and restrictions regarding risks or conditions, setting of premiums, regulations and liquidations of losses agreed with the lead insurer, except termination and "ex-gratia" interventions taken by the lead insurer, will be mandatory for all of the co-insurers and will irrevocably bind all of the insurers.



2.13 DISPUTES - JURISDICTION

Any dispute regarding the validity, interpretation, performance, non-performance, suspension or termination of the insurance policy, which comprises the Particular conditions and these specific and general terms and conditions, will be managed according to the law and terms agreed by the parties in accordance with the Particular conditions.

Unless special stipulations are made, the applicable law is that of the country of residence of the Policy holder.

The applicant may choose at its discretion for the dispute to be dealt with by arbitration as is stated below, or to refer the dispute to the courts of the country of residence of the Policy holder.

Arbitration:

The arbitration tribunal will be composed of three arbitrators. A ruling will be made on the dispute, controversy or claim in accordance with the law of the country of residence of the Policy holder.



3. GLOSSARY Certain terms occur frequently in the insurance policy. The meanings of these terms are explained below. To assist reading, they are written in italics in the insurance policy.

Accident Fortuitous event, which happens by chance and suddenly.

The insurer

Attack

Circles Group sa

Action organised underground for ideological, political or social reasons, carried out individually or in a group, that seeks to harm people or destroys property in order to distress the public and create a climate of insecurity (terrorism).

Ticket Entry ticket or admission for the event or sporting event identified in the Particular conditions

Cyber-crime Any unauthorised use or of access to any computer network or computer code, virus or similar mechanism, or denial of service

Damages The word damages in this contract refers to any additional expense incurred by the insured person for in connection with the insured event and/or expenses needed to cover the repair or replacement of insured property due to an insured circumstance.

Event Event refers to the sporting or recreational event for which the insured person has purchased a ticket.

Excess Amount or fraction of the loss that remains at the expense of the insured person. Only one excess may be applied per loss. In the event that one or several covers are affected by the same loss, only the lowest excess will be applied.

Fraud Dishonesty, acting in bad faith, any action that attempts to conceal the truth.

Illness Changes in organs or the functions of organs, attributed to internal or external causes, resulting in symptoms and signs, and manifesting themselves in impaired functioning or injuries. Depression and the like are not considered in this contract to be an illness. Stroke is considered to be an illness and not an accident.

Insured persons Insured persons relates to people, whose names are mentioned in the section “Insured Persons” in the Particular conditions.

Policy holder The natural or legal person who took out the insurance policy and who undertakes to pay the insurance premium.

Loss Any damage to property or insured persons due to the same cause, and those entitled to compensation by virtue of third party cover, caused by the same harmful event.

3/



Refund Means the refund of the ticket price including booking fees, credit card fees, delivery costs or any applicable taxes subject to fees and costs to have been insured.

Third party Any natural or legal person other than the insured person himself.

War Actual or threatened war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power

You You refers to the policy holder and/or insured person.

CIRCLES GROUP sa

6, Rue d’Arlon • L-8399 Windhof (Luxembourg) T +352 26 45 87 92 - F +352 26 45 87 93

www.circlesgroup.com - [email protected]

4.

circle ticketing - circles group · specific 3 | cg-ticketing-01092018 – english version circle...

Documents