Zhongan Online Property and Casualty Insurance Company Limited Cancellation and Rescheduling of Air Tickets (Version B)

Transcription

1 Zhongan Online Property and Casualty Insurance Company Limited Cancellation and Rescheduling of Air Tickets (Version B) General Provisions Article 1 This Insurance Contract consists of policy terms, application form, insurance policy and/or any other insurance certificates and endorsements. Any agreement in relation to this Insurance Contract shall be made in writing. Article 2 The insured is the passenger(s) stated on the air ticket of the airlines specified in the current insurance contract. The policy holder is the insured himself/herself or the party that is entrusted to purchase and pay for the air ticket for the insured. Article 3 The insurer of the insurance contract is Zhongan Online Property and Casualty Insurance Company Limited (hereinafter referred to as the insurer ). Benefits Article 4 The policy holder may select to insure one or all of the following guarantees and state it in the insurance contract. After an accident occurs, the insurer shall assume the insurance liabilities within the scope of insurance coverage and corresponding amount of insurance. (I) Ticket cancellation During the insurance period, if the insured fails to take the air flight(s) stated on the current insurance contract for reasons such as family or business affairs, the insurer shall compensate the following loss of the insured according to the current insurance contract. 1. For a ticket that cannot be refunded according to the regulations of the airlines, the loss of ticket fair of the insured will be compensated; 2. For a ticket that can be refunded according to the regulations of the airlines, the loss suffered by the insured arising from the service charge arising from the refunding within the refunding period specified in the insurance contract before the departure date (including the departure date) or after the departure date stated on the ticket. The

2 specific refunding period can be confirmed by the policy holder and the insurer through consultation and stated in the insurance contract. (II) Ticket rescheduling During the insurance period, if the insured fails to take the air flight(s) stated on the current insurance contract for reasons such as family or business affairs, the original flight needs to be rescheduled. For the service charge arising from reschedule, the insured shall compensate as per the proportion specified in the current insurance contract. However, whether the insured reschedules for once or times, the insurer shall only assume the liability for damage for the service charge arising from the first reschedule of the flight of the airlines specified in the insurance contract. If the policy holder chooses to insure both (I) air ticket cancellation and (II) ticket rescheduling, after the insured reschedules the ticket of the flight stated in the insurance contract, the insurer s guarantee for (I) ticket cancellation will be terminated, and the insurer shall no longer assume the insurance liability. Exclusions Article 5 In the event where the insured cancels the ticket directly or indirectly due to any of the following circumstances, the insurer shall be exempted from the liability for damage. (I) Criminal activities of the policy holder and the insured; (II) The flight is canceled or delayed for reasons of the travel agency, airlines, weather or airport shut-down; (III) Breach of the contract, bankruptcy or overbooking of the airlines, travel agency or other air ticket agencies; (IV) Tickets booked for purposes of profiting, sales or resale; (V) Wars, civil wars, military actions, terrorist activities, violence, kidnap or other similar armed rebellions; (VI) Government prohibitions or regulations. Article 6 For the following loss and costs, the insurer shall be exempted from any liability for damage.

3 (I) The loss incurred because the insured fails to apply for refunding of the air ticket that can be refunded within the specified deadline; (II) The part of ticket fare which the insured can be refunded from the airlines, ticketing agency or other channels, whether it has been received or not; (III) The extra payment required for the insured to reschedule or upgrade class; (IV) Any loss beyond the actual payment of ticket fare, including the amount of discount corresponding to the discount coupon, voucher, cash coupon, frequent traveler member s mileage with the airlines, and various credits; (V) The deductible excess calculated by the excess rate stated in the current insurance contract; (VI) Other losses not covered by the current insurance contract. Amount of insurance, premium and excess rate Article 7 The insurance amount of the insurance contract is the amount of ticket fare actually paid by the insured to the airlines, which shall be stated in the insurance contract. Article 8 The premium of the insurance will be determined by the insurer based on the insurance amount and risk status of the insured, which shall be stated in the insurance contract. Article 9 The excess rate shall be confirmed by the policy holder and the insurer through consultation when concluding an insurance contract, which shall be stated in the insurance contract. Effectiveness Period Article 10 Unless agreed otherwise, the insurance contract will come into force from 00:00 of the date when the policy holder actually pays for the ticket fare and premium, which shall be valid until 24:00 of the latest ticket refunding date allowed by the airlines, but shall not exceed 2 years.

4 Policyholder and Insured Person s Obligations Article 11 The policy holder shall pay up the premium at a time when the insurance is concluded. If the policy holder does not pay up the premium as required, the insurer shall be exempted from any insurance liability for any accident that occurs before the payment of premium. Article 12 When the insurance contract is concluded, the policy holder shall answer the questions asked by the insurer concerning the object of insurance or related conditions of the insured as the fact is. If the policy holder fails to fulfill the aforesaid obligation of faithful disclosure deliberately or for some significant fault to the extent that it is sufficient to affect the decision of the insurer on whether to agree to underwrite or increase the premium rate, the insurer shall be entitled to terminate the contract. The aforesaid right to terminate the contract shall be canceled within 30 days after the insurer is informed of the reason for termination. When an accident covered by the insurance occurs, the insurer shall assume the liability for damage. If the policy holder deliberately fails to fulfill the obligation of faithful disclosure, the insurer shall neither assume the liability for damage nor refund the premium for the accidents that occur before the contract is terminated. If the policy holder fails to fulfill the obligation of faithful disclosure for gross negligence, which has a serious impact to the occurrence of the accident, the insurer shall not assume the liability for damage but shall refund the premium for the accidents that occur before the termination of the contract. If the insurer knows that the policy holder does not disclose faithfully when the contract is concluded, the insurer may not terminate the contract; when an accident covered by the insurance occurs, the insurer shall assume the liability for breach. Article 13 After knowing an accident covered by the insurance occurs, the policy holder and the insured shall notify the insurer of the accident in time. If the policy holder and the insured fails to notify the insurer of the accident deliberately or for gross negligence, which has made it difficult to determine the nature, cause, loss of the accident, the insurer shall be exempted from the liability for

5 damage for the part that cannot be determined, unless the insurer has learned of through other channels or should learn of the accident in time. The above does not cover the delay caused by force majeure. Claims Article 14 The insurer shall compensate by directly paying the insurance to the bank account of the insured or a third party provided by the insured. Article 15 When claiming for compensation, the insured shall provide the following evidential materials. (1) The claim letter filled by the insured; (2) The credential of insurance contract; (3) The identity certificate of the insured; (4) The ticket issuing credential or ticket fare payment records and the evidence of no refund or full refund from the airlines and the service charge payment evidence for rescheduling; (5) The bank account information of the insured, including the account name, opening bank, account number or the third party account information of the insured; (used for the insured to receive the compensation from the insurer) (6) Other evidences and materials that can be provided by the insured to confirm the nature, cause, loss of the accident; (7) If the insured entrusts others to submit an application, related evidential documents such as the original copy of the power of attorney and the identity certificates of the insured and the entrusted. If the insured cannot provide the above materials for special reasons, the insured shall provide other legal and valid materials. If the insured fails to fulfill the obligation to provide the claim documents as required above, as a result of which the insurer fails to verify the loss, the insurer shall be exempted from liability for damage for the part that cannot be verified. If the insurer can obtain the above information, materials or data through a third party platform or other sources, the insured can be exempted from the

6 obligation of submitting the aforesaid materials. Article 16 When an accident covered by the insurance occurs, if the loss of the insured can also be compensated under other insurance items with the same guarantee, the current insurer shall assume the liability for damage as per the proportion of the liability limit of the current insurance contract in the gross accumulated liability limits of other insurance contracts and the current insurance contract. The current insurer shall not make advance payment for the compensation due to be afforded by other insurers. If the insured fails to disclose faithfully, which causes the insurer to pay excessive compensation, the insurer shall be entitled to claim back the excessive part from the insured. Article 17 The loss that is incurred within the insurance coverage shall be compensated by the responsible party. From the date when the insurer compensates the insurance amount to the insured, the insurer shall exercise the right to claim for compensation from related responsible parties on behalf of the insured within the scope of compensation amount. The insured shall provide necessary documents and all known facts to the insurer. If the insured has received compensation from related responsible parties, when the insurer compensates the insurance amount, the aforesaid compensation amount can be deducted. After an accident covered by the insurance occurs, if the insured gives up the request to claim compensation from related responsible parties before the insurer compensates the insurance amount, the insurer shall be exempted from the liability for damage; after the insurer compensates the insurance amount to the insured, it will be deemed as invalid if the insured gives up the request to claim compensation from related responsible parties without the permission of the insurer; if the insurer cannot exercise the right to claim compensation on behalf of the insured because of a deliberate mistake or a major negligence of the insured, the insurer may deduct the compensation or ask the insured to return corresponding insurance amount. Alteration and Dissolution

7 Article 18 After the insurance contract is concluded, it can be altered in a written form after both parties reach a consensus through consultation. Article 19 After the insurance contract is concluded, the policy holder may not dissolve the insurance contract. Disputes and Applicable Laws Article 20 Any dispute that arises during the fulfillment of the insurance contract shall be solved by parties involved through consultation; if it cannot be solved through consultation, it shall be submitted to the arbitration agency stated in the insurance contract for arbitration; if no arbitration agency is stated in the insurance contract or no arbitration agreement has been reached after the dispute occurs, they may file a lawsuit to the people s court with the right of jurisdiction. Article 21 The insurance contract is subject to the jurisdiction of the PRC, which is applicable to laws of the PRC (excluding the laws of Hong Kong, Macau and Taiwan regions). Miscellaneous Article 22 If the cost within the scope of the insurance coverage involves foreign currency, the compensation shall be converted into RMB as per the corresponding exchange rate released by the People s Bank of China on the day when the cost occurs. Definitions Flight: Refers to the regular flight of the airplane following the specified route, dates and moments. Ticket fare: Refers to the ticket fare actually paid by the insured when booking the air tickets of the airlines, which excludes the airport construction fee, fuel surcharge and other taxes required by the administrative organ. Force majeure: Refers to objective conditions that cannot be predicted, avoided or overcome.