Referred to hereafter as “the Customer”
Sport 2000 France,
Acting in the name and on behalf of the member shops of the Sport 2000 network in winter sports resorts, referred to hereafter as “Hire Shops”.
You can find a list of the resorts where we have shops on this website at: https://ski-hire-sport2000.co.uk/ski-resort/france-93/index.html.
Referred to hereafter as “the Company”
The Company is authorised by the Hire Shops to record bookings (referred to hereafter as “Booking(s)”) on this Website for various winter sports equipment hired by the Customer (referred to hereafter as “Hire”).
These Rental Terms and Conditions(referred to hereafter “RTC”) are intended to define the terms and conditions governing the Booking and Hire of different equipment and services on the Website. All Bookings and Hires are governed by these RTC.
By confirming a Booking on the Website, the Customer fully accepts these RTC.
These RTC may be changed on the sole initiative of the Company. The terms applicable to a Booking and Hire are those in effect on the Website on the date the corresponding Booking is made.
The different equipment and services offered on the Website are described according to categories and types. The photographs and details are provided for information; they are given as an example and are not contractually binding.
The Hire Shops undertake to provide quality technical equipment equivalent to the category booked.
The customer has the option to indicate his/her height, weight and shoes size for the equipment required.
The equipment is available subject to confirmation by the Company via an email sent to the address provided by the Customer.
Note that options like payment method may vary from shop to shop, and day to day, according to the ski resort and hire period chosen by the Customer.
Depending on the Hire Shop, if payment is made by card or Paypal, the on-line booking can be made up to 24 hours before the start of the Hire.
The Booking only becomes effective once the Company has received the approval of Paybox Services SAS, which controls payments by card or Paypal.
On receipt of the approval of Paybox Services SAS, an email confirming the Booking is sent to the Customer, with confirmation of the details of the equipment booked, the Hire period and the price, as well as the name and address of the Hire Shop. This confirmation must be printed out and presented by the Customer at the Hire Shop on the first day of the Hire period.
If the card or Paypal payment is refused, the Customer is informed directly of this refusal on the Website. The Company reserves the right to purely and simply cancel the Booking previously recorded.
The price of the Hire is determined according to the category of equipment booked, the service booked and the Hire period chosen on the basis of the prices applicable for the period selected on the date of the Booking.
The price is inclusive of tax and expressed in Euros; administrative fees are not included in this price.
This price is equivalent to or less than the retail price displayed in the Hire Shop concerned; depending on the shop, Customers of the Website may receive a discount of up to 50% on the applicable retail price for the period selected on the date of the Booking.
Retail prices, discounts and reductions are indicated on the Website and are specific to each Hire Shop.
Any equipment hire arranged directly in a shop and not previously booked on the Website shall be subject to the prices applied by said shop.
Offers made on this Website cannot be combined with any promotional offer whatsoever made outside said website.
For the booking to be accepted, the Customer must make a full or partial payment at the time of Booking.
Full payment covers:
Partial payment covers:
The sums due for the Booking are paid:
Transactions are in Euros.
In the event of partial payment, the balance of the price due for the Booking will be paid by the Customer directly to the Hire Shop when picking up the equipment.
Otherwise, the rental shop may refuse the rental without refunding the deposit.
4.1 - Collection
Hire Equipment is collected from the Hire Shop with which the Booking has been made and confirmed in the Booking email.
Hire Equipment is handed over to the person who made the Booking, under his/her sole responsibility, on presentation of the confirmation email for the Booking.
Hire Equipment can be picked up the day before the first day of hire, from the time indicated by the Hire Shop on the Website (generally 5 p.m.), and subject to availability.
The Hire Shop gives the Customer a hire receipt detailing (i) the equipment hired, (ii) the date of collection, (iii) the equipment and (iv) the scheduled date for the return of the equipment. This receipt is signed by the Customer on receipt of the equipment.
Before the Equipment may be withdrawn, the Shop may require the Customer to show I.D.
The Rental shop may also require a security deposit, which could be a credit card transaction, serving to cover damage, theft, loss, or breakage of the Rental equipment. The amount and terms of the deposit are established by the Rental shop. The Rental shop will return this security deposit to the Customer upon return of the Equipment in proper condition, under the terms of Article 9 below.
The Rental shop must be informed of any delays withdrawing reserved equipment.
If the Equipment is not withdrawn, there will be no refund.
If the Client wants to pick up his equipment with lateness due to the case of force majeure, which he must prove, the store will make its best effort to provide it. It is hereby specified that the Renting Store cannot be held responsible for an absence of availability (force majeure means any event that is beyond the control of the party, unforeseeable and irresistible and as defined by the jurisprudence).
If the Customer has paid in full, the Company shall refund the difference within 30 days, by:
4.2 - Ski room
Customers are responsible for ensuring that:
Clients remain responsible for equipment they leave in the ski room.
Ski hire shops cannot be held liable for any failure on the part of Customers.
Although all measures have been taken to protect and secure the ski room, ski hire shops decline all liability for any theft, damage or forgotten items.
Ski hire shops will take any and all proceedings they consider necessary in the event of incorrect use or damage of the facilities made available to their customers.
The Hire Equipment will be available in the Hire Shop for the selected period. Therefore, the hire automatically ends on the dates and times indicated on the hire receipt.
The Company cannot be held liable for any failure or delay in the provision of equipment by the Hire Shop concerned.
Hire Shops cannot be held liable for delays in providing Hire Equipment for reasons outside their control or in the event of force majeure. In such a case, the Hire Shop shall endeavour to provide the Customer with equipment of an equivalent or superior quality to that booked, at no extra charge, according to the equipment available in the store.
Any claim concerning Hire Equipment must be sent directly to the Hire Shop, by registered letter with return receipt no later than 3 working days after the end of the Hire period.
Bookings cannot be changed on the Website.
Only our customer services department is authorised to change bookings at the Customer’s request. This can be achieved by sending an email to firstname.lastname@example.org with the following details:
Only Customer requests listed below will be accepted:
Subject to the following conditions:
The Client has a right of withdrawal; he can cancel the Rental of the equipment as long as he does so within a period of 14 calendar days as of the receipt of the Reservation confirmation E-mail, by sending a request for withdrawal :
The Company will return the amount paid from the reservation received by bank transfer to the bank account used for the reservation within a maximum period of 14 days following the request for withdrawal.
If the Customer withdraws the reserved equipment from the Rental Shop before the expiration of the 14-day “Cooling off” period, the right of retraction will no longer apply.
Beyond this period of 14 days, the Client can cancel a reservation under the conditions stipulated below.
Similarly, if the Customer chooses a withdrawal date before the end of the 14-day “Cooling off period”, and fails to pick up the equipment on the planned date, the right of retraction shall no longer apply. The booking will then be cancelled under the conditions stated below.
Cancelling a booking cannot be done on the Website.
Only our customer services department is authorised to cancel bookings at the Customer’s request. This can be achieved by sending an email to email@example.com with the following details:
The cancellation is subject to the conditions set out in the table below:
|Details of cancellation||The Company retains||The Company refunds to the customer|
|If the Client cancels his reservation after his withdrawal period (14 days) and more than 30 days before the start of the rental||Administrative fees of €3.90 inc tax||The balance of the amount paid within 30 days maximum|
|If after the withdrawal period (14 days) the Customer cancels his booking between 30 days and 7 days before the start of the Hire||Administrative fees of €3.90 in tax
9% of the Hire Equipment amount
|The balance of the amount paid within 30 days maximum|
|If after the withdrawal period (14 days) the Customer cancels his booking between 6 and 3 days before the start of the Hire||Administrative fees of €3.90 inc tax
15% of the Hire Equipment amount
|The balance of the amount paid within 30 days maximum|
|If the Customer cancels his booking less than 3 days before the start of the Hire||Administrative fees of €3.90 inc tax
30% of the Hire Equipment amount
|The balance of the amount paid within 30 days maximum in event of payment in full|
Nevertheless, if the cancellation is the consequence of a case of force majeure (force majeure means any event that is beyond the control of the party, unforeseeable, and irresistible) suffered by the Client, which he must prove, the Company will retain the processing fee of 3.90€ including VAT and will reimburse the remainder of the amount paid by the Client within a maximum period of 30 days.
When the Customer receives a refund for a cancelled booking, this refund shall be paid by:
Cancellation is no longer possible after the Customer has collected the Equipment from the shop. The Customer cannot claim any refund of the sums paid when booking.
If the customer does not withdraw the equipment, the Company will withhold €3.90 (incl. V.A.T.) plus 30% of the Equipment rental fee.
Any claims about this must be made within no more than two months of the first day of skiing.
The Hire period is as indicated on the Booking.
A day starts at 9 a.m. and ends at 6 p.m.
This period cannot be amended without the agreement of the Hire Shop.
Hire Equipment can only be adjusted by the Hire Shop.
The Customer assumes full responsibility for the Hire Equipment once he picks it up and until it is returned in full.
Equipment is deemed to be in good condition and fit for normal use and must be returned as such.
If the Customer has any reservations about the initial state of the Rental equipment, said reservations must be made in the store upon withdrawal of the Equipment, and duly marked on the rental slip. Failing this, no claims will be accepted subsequently.
At the end of the hire period indicated on the hire receipt, if the equipment is not returned on the date and at the time indicated, the Customer shall remain solely responsible for the Equipment in his possession until it is returned.
The Hire Equipment is returned at the end of the day of the period indicated in the hire receipt or the following day before 10 a.m. For any late return after 10 a.m. the following day, the Hire Shop may charge an additional day of hire per day of delay, at the price indicated in the shop.
Loss, theft or breakage of the Equipment may be managed directly at the Shop.
If equipment is not returned, appropriate proceedings may be implemented, with the associated costs being paid by the Customer. The Rental shop will charge the Customer the tax-inclusive retail price of the Equipment, less depreciation for normal wear and tear.
If the Customer was required to pay a security deposit, the Shop will withhold the deposit accordingly.
The Customer has the option to arrange cover for the risk of theft and breakage of the Hire Equipment, as well as the risk of holiday cancellation or interruption, by taking out multi-risk ski insurance (article 10 below).
The Customer remains liable for any damage to Hire Equipment, with the exception of normal wear or hidden defects. For any other damage, the Customer shall be liable for the payment of the repair or replacement costs of said Equipment, up to a maximum of the replacement as new value based on current retail prices, in addition to the price of the hire. The Customer undertakes to pay these costs on the return of the Hire Equipment, if applicable by charging against the deposit indicated in article 4 of these RTC. Any repair is carried out exclusively by the Hire Shop.
The Customer has the option to arrange cover for the risk of robbery or damage of the Hire Equipment, as well as the risk of holiday cancellation or interruption, by taking our multi risk ski insurance.
All personal information collected from Customers is required to handle their bookings.
In accordance with act no. 78-17 of 6 January 1978, as amended by act 2004-801 of 6 August 2004, Customers have a right to access, correct and suppress information held about them as set out in the "Terms and Conditions of Use" of this Website.
The contents of this website, including graphics, images, text, logos and the formatting thereof, is the exclusive property of the Company, with the exception of marks, logos or contents belonging to other partner companies.
Any total or partial display of this website by any means whatsoever, without the express permission of the Company, is prohibited and shall constitute an infringement of intellectual property rights penalised by the intellectual property code.
Any total or partial reproduction of the marks or logos of the Company or its partners using the elements of this website, without the express permission of the Company or the owner of the logo or mark, is prohibited in accordance with the provisions of the intellectual property code.
If any clause of these RentalTerms and Conditions is held to be invalid, unlawful or inapplicable, this shall not affect the validity of the other clauses.
In the event of a complaint, Customers should contact the Consumer Department:
If the Customer disputes this charge and has not received satisfaction (i.e. their claim was refused or went unanswered for at least one month), the Customer may bring the matter free of charge before the Médiateur du Commerce Coopératif et Associé (the Trade mediator), who is legally competent for any dispute concerning a a sales or service contract covered by the present General Terms.
The mediator may be contacted at the following postal address: Médiateur du Commerce Coopératif et Associé – FCA - 77 rue de Lourmel – 75015 Paris, or via their website www.mcca-mediation.fr, which contains the Mediation Charter and explains which documents to provide.
In application of Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer is informed that they may submit the matter to the Online Dispute Resolution (ODR) Platform provided by the European Commission via the following link. https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
The customer may also email the Company at: firstname.lastname@example.org
These RTC are governed by the laws of France.
APPENDIX: RETRACTION TEMPLATE
To: Sport 2000 France
I/We (*) hereby notify Sport 2000 France that I/We (*) are withdrawing from the service contract below:
Customer’s signature (only if the present notification is on paper):
(*) Delete as appropriate.
SPORT 2000 – Route d’Ollainville – 91540 Égly France
This contract, as with any insurance contract, constitutes reciprocal rights and obligations. It is governed by the French Insurance Code. These rights and obligations are set out in the following pages.
The Cancellation guaranty provides for the reimbursement of the expenses for cancellation, prior to Departure, of rental of the Guaranteed ski equipment within the limits of the amounts and deductibles set out in the “Table of Guaranties” below, for which the Insured is responsible and invoiced by Sport 2000 in application of the general terms and conditions for the rental of ski Equipment, in the event that the Insured cannot depart due to any one of the following causes:
|GARANTY||AMOUNTS AND LIMITS|
|Cancellation||Maximum per Insured 300 Euros|
|Maximum per Loss||5 000 Euros|
|A Deductible of 10% is applicable in the event of cancellation less than 48 hours before Departure|
If the Insured has chosen this option and his/her cancellation occurs between the effective date of the guaranty and 48 hours prior to Departure, the Insurer shall reimburse the actual amount paid by the insured party, after deduction of taxes, insurance premiums and handling fees.
If the Insured has chosen this option and his/her cancellation occurs less than 48 hours prior to Departure, the Insurer shall reimburse 100% of the cost of the ski rental invoiced by Sport 2000 in application of its special terms and conditions of sale, after deduction of taxes, insurance premiums and handling fees and with application of a deductible of 10% of the amount reimbursed by the Insurer.
In the event that the Insured has to interrupt the vacation guaranteed by this contract, the Insurer undertakes to reimburse the days of ski material rental not used, which the Insured may not request the provider to reimburse, replace or compensate for in the event of:
The reimbursement will be made pro rata ,
|GARANTY||AMOUNTS AND LIMITS|
|Interruptionn||Maximum per Insured 300 Euros|
|Maximum per Loss||5 000 Euros|
The deductible for which the Insured is responsible is established on the basis of the category of Guaranteed ski equipment:
The guaranty is limited to a sole loss per piece of Guaranteed ski equipment and per insurance period.
In case of theft or damage to the equipment, the following indemnification procedure shall be applied:
The guaranties are effective for all guaranteed losses occurring in Metropolitan France.
Under penalty of loss of guaranty, except for unintentional cases or events of force majeure, the Insured must declare his/her loss to GRITCHEN AFFINITY– Sinistre Sport 2000 (GRITCHEN address) in writing (CS 70139 – 18021 BOURGES CEDEX) or by email to email@example.com within 5 (five) business days as from the date of the occurrence of the loss. This deadline is reduced to 2 (two) days in the event of theft.
The documents necessary in the following circumstances:
In the event that complementary medical information or any other documentary evidence, in accordance with the relevant guaranties, proves to be necessary for the settlement of the Loss, the Insured shall be personally advised of such by the Centre for the management of losses or the Insurer.
Any payment shall only be made after transmission of a complete file accompanied by the elements requested by the Centre for the management of losses.
Following agreement between the parties, the compensation shall be paid within a period of 15 days.
If an expert evaluation proves necessary for the settlement of the Loss and without reasonable cause the Insured or the legal representative refuses to submit thereto and, if after forty eight hours prior notice is given by registered letter, he/she persists in his/her refusal, the Insurer is obliged to decline all rights to compensation for the Loss in question.
In the event of burglary or simple theft
In the event of accidental damage
Comply with the instructions of GRITCHEN ASSURANCES
ALLIANZ may request the opinion of an expert or an investigator as well as any other documentary evidence deemed necessary for the justification of the grounds of the request for compensation.
After the processing and acceptance of the guaranteed Claim, the Insurer will compensate Sport 2000 for the costs of refurbishment or replacement of the guaranteed ski Equipment.
The effective date of the membership and the effective date of the guaranties are identical. Subject to the effective payment of the fee, membership begins on the day on which the Guaranteed ski equipment is retrieved from the store.
The duration of the membership and the duration of the guaranties are identical. They correspond to the duration of the rental of the Guaranteed ski equipment as indicated at the time of reservation on the website of Sport 2000. The membership and the guaranties shall end:
The insurance fee is based on the number of pieces of Guaranteed ski equipment and the number of days of rental.
It is due at the same time as payment for the reservation of the Guaranteed ski equipment on the website of Sport 2000.
This contract, as with any insurance contract, constitutes reciprocal rights and obligations. It is governed by the French Insurance Code. These rights and obligations are set out in the following pages.
Appendix to article A. 112-1 : Information Document for the exercising of a right of renunciation as provided for in article L. 112-10 of the Insurance code.
Please verify that you are not already a beneficiary of a guarantee covering one of the risks guaranteed by the new contract. If this is the case, you benefit from a right of cancellation of this contract for a period of 14 (calendar) days as of its signing, with no cost or penalties, if all of the following conditions are met:
- you have subscribed this contract for non-professional purposes;
- this contract complements the purchase of goods or services sold by a supplier;
- you can prove that you are already covered for one of the risks guaranteed by this new contract;
- the contract that you wish to cancel has not been fully carried out;
- you have not made any claim based on an incident guaranteed by this contract.
In this situation, you can exercise your right to renounce this contract by letter or any other permanent support sent to the insurer of the new contract, accompanied by a document proving that you already benefit from a guarantee for one of the risks guaranteed by the new contract. The insurer must reimburse you for the premium paid within a period of 30 days as of your renunciation.
"I, the undersigned, Mr..........residing at.........hereby renounce my contract No. ......... subscribed with....... in accordance with article L. 112-10 of the Insurance Code. I certify that as of the date of the sending of this letter I am not aware of any incident that could involve the application of a guarantee of the contract."
If you wish to cancel your contract but you do not meet all of the conditions mentioned above, check the procedures for cancellation provided for in your contract.
Events that are unintentional, unforeseeable, irresistible and exterior.
People who are duly insured under this contract designated hereafter by the term "you". For the application of the legal provisions concerning the statute of limitations, you should refer to "Policy Holder" when the articles of the Insurance Code mention "the Insured Party."
Insurer / Assistance provider
ALLIANZ IARD hereafter referred to as "we", having its headquarters at: ALLIANZ IARD - 87, rue de Richelieu – 75 002 PARIS
Attacks/Acts of terrorism
Attack means any act of violence, constituting a criminal or illegal attack, carried out against people and/or property, in a country in which you are staying, aiming to seriously disturb public order.
This "attack" must be listed by the French Ministry of Foreign Affairs.
The abnormal intensity of a natural agent not stemming from human intervention.
French Insurance Code
The legislative and regulatory texts governing insurance contracts in France.
Loss of the right to the Guarantee for the Claim involved.
Place of Residence
Place of Residence means your main and usual residence.
Drom Pom Com
The new appellations for the DOM TOM since the Constitutional Reform dated 17 March 2003, amending the denominations of the DOM TOM and their definitions.
Transportation company means any company duly authorized by the public authorities to transport passengers.
The member States of the European Union, Switzerland, Norway or the Principality of Monaco.
Medically prescribed pharmaceutical, surgical, consultation and hospitalization expenses necessary for the diagnosis and treatment of an illness.
France means the European territory of France (including the islands located in the Atlantic Ocean, the English Channel and the Mediterranean Sea) as well as the DROM POM COM (Overseas Departments and Regions, new names of the Overseas Departments and Territories since the constitutional reform of March 17, 2003).
The part of the compensation which remains at your expense.
Insurance claim manager
27 Rue Charles Durand
18021 BOURGES CEDEX
Insurance claim manager
8-14, avenue des Frères Lumière
94368 BRY-SUR-MARNE CEDEX – FRANCE
A collective action involving a concerted stopping of work by the employees of a company, an economic sector or a professional category aiming to support certain demands.
The armed opposition between several parties belonging to the same country, as well as any armed rebellion, revolution, insurgency, insurrection, coup, application of martial law or sealing of borders ordered by local authorities.
The armed opposition, whether or not declared, between one State and another State, as well as any invasion or siege
A stay of more than 48 consecutive hours in a public or private hospital establishment for emergency treatment, i.e. treatment that was not scheduled and which cannot be postponed.
Medical condition / accident
A change in health observed by a medical authority, necessitating medical care and complete cessation of all professional activity or other activity.
A member of the family means any person who can prove that they are related (in fact or by law) to the Policy Holder.
Degradation of the environment by the introduction into the air, water or soil of materials that are not naturally present in the environment.
Usual residence means the place where the Policy Holder is a resident for tax purposes.
An event likely to result in the application of a guaranty contract.
The policy holder, the natural or legal person who subscribes to the insurance policy, hereafter referred to as "you" in the general terms and conditions.
The legal context wherein one person is subrogated to the rights of another person (in particular: substitution of the Subscriber by the Insurer for the purposes of carrying out proceedings against the adverse party.
Any person other than the Insured and responsible for the damage.
Any Insured who is subject to consecutive bodily injury, material or immaterial damage caused by another Insured (the Insured are considered as third parties among themselves).
Luggage: guaranteed property
Luggage and its contents, including personal effects and valuables, belonging to the Policy Holder, brought along for the journey and/or acquired during the journey.
Depreciation of the value of an item caused by time, use or its conditions of upkeep on the day of the incident. Unless otherwise stipulated in the contract, the factor for wear applied for the calculation of the compensation due is 1 % per month within the limit of 80 % of the initial purchase price.
The guarantees and/or benefits subscribed under this contract apply throughout the world.
The period of validity corresponds to the duration of the services sold by the journey organizer.
In no event may the duration of the guarantee exceed 3 months as of the date of the departure on the journey.
We cannot intervene when your requests for guaranty or services are the result of damages arising from:
If the compensation cannot be determined by mutual agreement, it is evaluated by joint damage assessment, subject to our respective rights.
Each of us chooses a claims adjuster. If these experts do not come to an agreement, they call on a third claims adjuster and all three work together and based on a majority of votes.
If one of us fails to appoint a claims adjuster or if the two adjusters do not agree on the choice of a third one, the appointment is made by the presiding judge of the superior court, ruling in expedited proceedings. Each of the co-contractors covers the costs and fees of their claims adjuster, and, if necessary, half of the costs and fees of the third claims adjuster.
Payment is made within two weeks of the agreement between us or of the notification of an enforceable court decision.
Any fraud, failure to disclose or intentionally false declaration on your behalf with respect to the circumstances or the consequences of a loss shall result in the withdrawal of all rights to services or compensation for such loss.
In accordance with the provisions of Article L 121-4 of the Insurance Code, when several insurance companies are engaged without fraud for the same risk, each of them produces its effects within the limits of the guarantees of the contract, and in observance of the provisions of Article L 121-1 of the Insurance Code. In this case, the Insured Party must notify all of the insurers.
Within these limits, the Insured Party can contact the insurer of his choice. When they are contracted in a deceitful or fraudulent manner, the sanctions provided for in the Insurance Code (nullity of the contract and damages) will apply.
In the event of difficulties, first contact your usual Allianz France contact person. If you are not satisfied with his response, you can send your complaint by normal or registered letter to the following address:
Allianz - Relations Clients
Case Courrier BS
20, place de Seine
92086 PARIS LA DÉFENSE CEDEX.
Allianz France subscribes to the mediation guidelines of the French Federation of Insurance Companies. If there is a persistent and final disagreement, you can, after you have exhausted the internal redress approaches indicated above, call on the Mediator of the Fédération Française des Sociétés d'Assurances whose postal address is as follows:
BP 290 – 75425 PARIS CEDEX 09,
without prejudice to other possibilities of legal action.
L’autorité de Contrôle des Assurances et des Mutuelles (ACAM)
61 Rue Taitbout
75436 PARIS CEDEX 09
We inform you that the information gathered is used for processing intended for the management of this request and for the commercial relationship. Some of this processing could be done by service providers in or outside of Europe. Unless you object to it, your data could also be used by your broker whose contact information appears in this document for the purposes of prospection for the insurance products that he sells.
In accordance with the “Computer Files and Liberties” law of January 6, 1978, as modified by the law of August 6, 2004, you benefit from a right of access, modification, rectification, deletion and objection with regard to data concerning you by sending a written request to your broker.
Within the framework of our risk control and anti-fraud policy, we reserve the right to verify all information and if necessary to contact the competent Authorities in accordance with the regulations in effect.
After paying you compensation, with the exception of that provided for under the Travel Accidents guarantee, we are subrogated in the rights and actions that you could have against the third parties responsible for the damage, as provided for in article L. 121-12 of the French Insurance Code.
Our subrogation is limited to the amount of the indemnity which we have paid to you or the services which we have provided.
The provisions concerning the statute of limitations of the actions stemming from the insurance contract are set by articles L. 114-1 to L. 114-3 of the Insurance Code indicated below:
Article L. 114-1 of the Insurance Code:
All actions stemming from an insurance contract are lapsed two years after the incident that gave rise to them.
However, this statute of limitations only applies:
1° In cases of concealment, omission, false or inaccurate declaration regarding the risk involved, as of the day on which the Insurer became aware of it;
2° In the event of damages, as of the day on which the parties involved became aware of it, if they prove that they were unaware of it up until then.
When the action of the Insured Party against the Insurer is due to the recourse of a third party, the statute of limitations only starts to run as of the day on which this third party took court action against the Insured Party or was compensated by him. The statute of limitations is increased to 10 years in life insurance contracts when the beneficiary is a person distinct from the Subscriber and, in insurance contracts against accidents affecting people, when the beneficiaries are the assigns of the deceased Insured Party.
For life insurance contracts, notwithstanding the provisions of 2°, the actions of the beneficiary are lapsed at the latest 30 years after the death of the Insured Party.
Article L. 114-2 of the Insurance Code:
The running of the statute of limitations is interrupted by one of the ordinary causes of interruption and by the appointment of experts following an incident. The interruption of the statute of limitations of the action can furthermore result from the sending of a registered letter with return receipt requested sent by the Insurer to the Insured Party regarding the action for the payment of the premium and by the Insured Party to the Insurer for the payment of the compensation.
Article L. 114-3 of the Insurance Code:
As an exception to article 2254 of the Civil Code, the parties to the insurance contract cannot, even by joint agreement, modify the duration of the statute of limitations, nor add to the causes of its suspension or interruption.
The ordinary causes of interruption of the statute of limitations mentioned in article L. 114-2 of the Insurance Code are listed in articles 2240 to 2246 of the Civil Code indicated hereafter.
For information regarding any possible updates of the abovementioned provisions, please consult the official site “www.legifrance.gouv.fr”.
Article 2240 of the Civil Code:
The acknowledgement by the debtor of the right of the person against whom he applied the statute of limitations interrupts the running of the statute of limitations.
Article 2241 of the Civil Code:
A court action, even one involving expedited proceedings, interrupts the statute of limitations and the foreclosure limit.
The same is true even when it is brought before an incompetent jurisdiction or when the referral to the court is cancelled due to a procedural irregularity.
Article 2242 of the Civil Code:
The interruption resulting from the court action produces its effect until the termination of the proceedings.
Article 2243 of the Civil Code:
The interruption is void if the plaintiff withdraws his petition or lets the proceedings lapse, or if his petition is definitively rejected.
Article 2244 of the Civil Code:
The statue of limitations or foreclosure is also interrupted by a measure of conservation taken in application of the Code of civil procedures for execution or an act of compulsory execution.
Article 2245 of the Civil Code:
The questioning of one of the joint debtors by a judicial action or by an act of compulsory execution or the acknowledgement by the debtor of the right of the person against whom he applied the statute of limitations, interrupts the statue of limitations against all of the others, even against their heirs.
However, the questioning of one of the heirs of a joint debtor or the acknowledgement of this heir does not interrupt the statue of limitations with respect to the other co-heirs, even in the event of a mortgage debt-claim, if the obligation is divisible. This questioning or this acknowledgement only interrupts the statue of limitations, with respect to the other co-debtors, for the share to which this heir is held. To totally interrupt the statute of limitations, with respect to the other co-debtors, there must be questioning of all of the heirs of the deceased debtor or the acknowledgement of all of these heirs.
Article 2246 of the Civil Code:
Questioning of the main debtor or his acknowledgement interrupts the statue of limitations against the guarantor.
All disputes between the Policy Holder and the Insurer regarding the terms of application of this contract will be subject solely to French laws and the courts of France are the only courts of competent jurisdiction.
The language used in the pre-contractual and contractual relations will be French.
The verifications which we are legally required to carry out as part of the fight against money laundering and the financing of terrorism, particularly for cross-border movements of capital, may lead us at any time to ask you to provide explanations or supporting documents, possibly regarding the acquisition of insured property. In accordance with the Computer Files and Liberties Law of January 6, 1978 modified by the law of August 6, 2004 and the Monetary and Financial Code, you benefit from a right of access to the data concerning you by sending a letter to the National Commission for Computer Files and Liberties (CNIL).
We cannot be held responsible for breaches in the execution of assistance benefits resulting from cases of force majeure or the following events: civil or foreign wars, widely known political instability, popular uprisings, riots, acts of terrorism, reprisals, restriction on the free movement of people and property, strikes, explosions, natural disasters, the disintegration of atomic nuclei, nor for lateness in the providing of services resulting from the same causes. The other guarantees indicated above are applicable throughout the duration of the journey corresponding to the invoice issued by the organizer with a maximum of 90 days as of the date of the departure for the journey.
For the Cancellation guarantee to be valid, this contract must be subscribed simultaneously with the reservation of the journey or before the start of the schedule of cancellation expenses.