General Terms and Conditions of Insurance

Version: BI_AGA_BE-LU_EN_2002

The French language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with this English version, if any.

These are the conditions of bicycle insurance. This insurance not only covers damage to your bike, but also guarantees you assistance in the event of a breakdown.

How to read the General Terms and Conditions?
The agreements relating to this insurance are set out in the Special Terms and Conditions and in these General Conditions. Are there any differences between these conditions? In this case, the agreements in the Special Terms and Conditions apply first.

Emergency situation?
Call directly: +32 (0)2 529 76 70 (7 days a week, 24 hours a day)

A. General provisions

1. Definitions

• General conditions : this is the document you are reading. It includes the content of your contract and the obligations, warranties, limitations and exclusions it implies.
• Special Terms and Conditions: This document describes your personal data and the guarantees you have subscribed to.
• Damage: The costs you incur, that we cover and that we must pay as compensation.
• You: The insured persons.
• Home : your place of residence or the policyholder's head office.
• You/Policyholder: The natural or legal person who has taken out the insurance contract.
• Insuree(s): You/the policyholder and the members of his/her family named in the Special Terms and Conditions. All insurees must be registered in Belgium or Luxembourg and must also live there.
• We/Insurer: AWP P&C S.A. - Belgian Branch (headquartered in Paris, France), also known under the name Allianz Assistance.
• Fraud/Deception/(Attempted) Scamming :
• The insuree deliberately fails to comply with the terms and conditions of this insurance.
• The insuree is trying to deceive us.
• The insuree commits insurance fraud from the moment he deceives us.
• The insuree is doing this because he/she wants us to cover the damage, or damage he/she has caused to someone else or to someone else's property.
• The insuree commits fraud while taking out the insurance or during the term of the insurance. Or he/she commits fraud when reporting a claim or when we process the claim.
• Anti-theft device approved by us : anti-theft devices bearing the ART2 (or higher) and Sold Secure Gold/Silver certification marks, or another certification mark approved by us.

2. Who are we?

We are the Belgian branch of AWP P&C S.A. - Belgian Branch. Our address:
Boulevard du Roi Albert II 32, 1000 Bruxelles - Belgium
Phone: + 32 2 290 64 11 Fax: +32 2 290 64 19
www.allianz-assistance.be
The company is admitted as an insurer under FSMA number 2769. Our company number is 0837.437.919. AWP P&C S.A.-Belgian branch is a branch of the French insurer AWP P&C S.A., rue Dora Maar, 93400 Saint-Ouen, RCS Bobigny 519 490 080.

3. How are damages recorded and compensated?

• Is your claim covered? Contact us as soon as possible.
• If additional costs are incurred because you have not informed us in time and/or have advanced costs yourself, we can limit our intervention to the amount we would have paid at the outset.
• We will let you know quickly whether we will compensate the damage. We will also inform you of the amount of compensation.
• Complete the claim form completely and truthfully. We will then be able to estimate the damage correctly.
• You must be in possession of the original accounts. We may ask you for them as proof.

4. When do we claim reimbursement of benefits paid?

We claim reimbursement of benefits paid in the following cases:

• Is someone else responsible for the damage? In this case, we have the right to claim from this other person the reimbursement of the compensation we have paid.
• We later discover that a damage is not insured? We can also claim compensation in this case.
• We may claim reimbursement of the indemnity paid to the insuree if we find that the claim constitutes deception or fraud. Deception or fraud is considered to be (attempted) fraud. We can charge an administrative fee of € 150 and claim reimbursement of the investigation costs.

5. Statute of limitations

Any claim arising from this contract shall become time-barred after three years from the date of the event giving rise to the claim.

6. Multiple insurances

Are you entitled to compensation under any other insurance, law or regulation?

• In this case, you are not entitled to any compensation under our insurance;
• However, we will compensate you for damages that are not covered by other insurance, laws or regulations.
• Allianz Assistance is subrogated to the extent of the compensation paid in your rights and claims against third parties. If, as a result of your actions, the subrogation cannot be effective, Allianz Assistance may claim compensation from you to the extent of the loss or damage suffered by Allianz Assistance.

7. Who do we insure?

We insure natural or legal persons domiciled in Belgium or Luxembourg. This implies that during the duration of the insurance(s), you must :

• be registered in your domicile in Belgium or Luxembourg;
• actually live in Belgium or Luxembourg.

We will not insure you if our company has indicated that it does not (or no longer) want to insure you. Have you already paid your premium? In this case, we will refund it to you.

8. Payment of the premium

Coverage does not take effect until the first premium has been paid.

You must pay the first premium within 14 days of receiving the insurance. If not then there is no coverage from the effective date. We may decide to collect the premium and incidental expenses even if the insured period has expired.

For insurances that are maintained after the first premium has been paid, a subsequent premium will be charged.

The subsequent premium payment period is 30 days. You do not pay the subsequent premium on time? In this case, there is no coverage for damages from the 15th day following the sending of a registered letter of formal notice by us.

Would you like to be insured? Transfer the premium and any collection costs we have incurred to our account as soon as possible. As soon as we receive the money, you will be insured again. However, this is not retroactive. You will therefore not be insured in the interim period.

9. Can we change the premium and conditions?

We may change the premium and/or conditions. If we do, we will notify you at least 30 days in advance.

Do you disagree with a change? In this case, you can cancel the insurance. You can do this within 3 months of receiving the change and no later than 1 month after the new insurance contract takes effect.

You change the insurance yourself? If so, we treat the change as if you were buying new insurance.

10. When and how can you cancel the insurance?

You can cancel the insurance within 14 days of taking out the insurance. You are cancelling the insurance when it had already taken effect? If so, you must pay a premium for the period the insurance had already covered. Do you have insurance that is extended after 1 year? In this case, you can cancel the insurance 3 months before each new insurance year. You can also cancel the insurance up to 1 month after a claim has been settled. If you do this, the insurance will cease 3 months after termination. Notice of termination must be given by registered letter, letter of termination with acknowledgement of receipt or bailiff's writ.

11. When can we cancel the insurance?

We may terminate the insurance within 14 days of purchase. The insurance will therefore cease 8 days after the notice of termination.

We can also terminate the insurance up to 1 month after the settlement of a claim. If we do this, the insurance will cease 3 months after termination. We shall notify any termination by registered letter, letter of termination with acknowledgement of receipt or bailiff's writ.

We can also terminate your insurance in the following cases:

• If you have deceived us because you were not honest or complete when you purchased the insurance;
• In the event of damage caused intentionally, if you have given us an incorrect representation of the situation;
• If you report many damages or damages whose details remain unclear. In this case, we first examine the causes and whether they can be avoided in the future. We don't think they can be or you don't want to cooperate? In this case, we can terminate the insurance.
• Have you defrauded or swindled or deceived us? You will receive a letter about this. Coverage will cease on the date indicated on the letter.

12. Rules of Law - Jurisdiction

This contract is governed by these General and Special Terms and Conditions, the provisions of the Insurance Act and Belgian legislation. Any compliments or complaints regarding the various services of Allianz Assistance can be sent :

• By mail to our quality department;
• By e-mail : quality.be@allianz.com

If, following the handling of your complaint by our services, you are not satisfied with the response and without this excluding the possibility of taking legal action, you can contact the Insurance Ombudsman service, square de Meeûs 35, 1000 Brussels, info@ombudsman.as, fax +32 2 547 59 75.

13. Privacy and personal data protection

We comply with applicable privacy laws and regulations when we collect, obtain and use personal data.

You provide us with your data when you apply for insurance and during its execution. We use this data to accept and manage insurance, cover damages, manage relationships, as well as for marketing activities (of the Allianz group).

We also use your data to perform statistical analysis, prevent and combat fraud, and to comply with legal requirements.

By taking out insurance with us, you give us express authorisation, if necessary for the proper performance of the services offered by this insurance, to request personal and medical data from an insured, family members, healthcare providers and/or the attending doctor. You also authorize us to transmit this information to persons who need it for the execution of this insurance.

You have the right to access and rectify your personal data.

14. Exclusions

What is never insured is listed below. The warranty also mentions everything that is not insured for this warranty either.

We do not offer any assistance and do not indemnify any damages:

• if the damage already existed at the time of the entry into force of this insurance;
• after misuse of medication, use of drugs, narcotics or stimulants, and in case of drunkenness or alcoholism;
• if you practice a sport or participate in a competition that you pay for;
• in case of preparation for or participation in amateur competitions;
• in the event of a strike, decision of the authorities, limitation of freedom of movement or radioactive radiation;
• in case of involvement in punishable acts or because you have not complied with legal or safety regulations;
• in the event of war, civil war, insurrection or riot (you are, however, insured for the first 14 days if such an event occurs during a stay abroad);
• in the event of delays or non-execution of the agreed services insofar as such delays or non-execution are due to: a case of force majeure, an unforeseeable event, a strike, a civil war, a war, a riot, an insurrection, a decision of the authorities, a restriction of freedom of movement, radioactive radiation, an explosion, an act of sabotage, a hijacking or an act of terrorism;
• in case of bankruptcy and insolvency;
• in case of intention, gross negligence or misconduct;
• in the event of terrorist attacks;
• in the event of natural disasters;
• bicycles intended for the paid transport of persons or goods;
• if you haven't been careful enough. You must have taken reasonable steps to avoid harm;
• if your assets are confiscated;
• if you could reasonably expect to pay such fees;
• if you intentionally gave us incorrect information when you took out the insurance or at the time of the damage. In addition, the following aspects mean that you did not cooperate in the settlement of the damage;
• you have not communicated important information or changes to us;
• information has been transmitted to persons, undertakings, authorities or other parties who had no right to acquaint themselves with it in accordance with national or international agreements (sanctions lists);
• being the consequence of one of our exclusions.

15. Anti-fraud policy

Our actions against fraud depend on the legislation and the General and Special Terms and Conditions of Insurance.

• We do not refund the premium.
• The insurance is cancelled.
• We do not compensate you for damages.
• We can reclaim any amounts paid.
• This may also mean that we will file a complaint against you with an examining magistrate. Any fraud or attempt to defraud Allianz Assistance will not only result in the termination of the insurance contract, but may also give rise to criminal prosecution under Article 496 of the Penal Code. In this case, Allianz Assistance will become a civil party and we will claim compensation for any investigation we have had to carry out.
• As a result of conduct that resulted in damage, our company has suffered damages that must be compensated. We had to incur costs for inspection/expertise and research. We claim/recover from you the totality of these research costs on the basis of article 1382-83 of the Civil Code.
• In addition, we can claim an administrative fee of €150 from the person who committed the fraud.
• In the event of proven fraud, we can send the fraudster's data to GIE Datassur. This grouping uses the data solely to prevent insurance fraud and to limit the risks for insurers. Anyone can consult or modify their data. To do so, you must send a letter with a copy of your passport or identity card to : Datassur GIE Square de Meeûs 29 - 1000 Brussels. You can find more information about this on the website www.datassur.be.

16. Sanctions Screening

The Parties shall not provide any coverage and neither Party shall pay compensation after a claim or assist in any way if the payment of compensation after such claim or the provision of assistance in any way could expose a Party to any sanction, prohibition and/or limitation under a United Nations resolution and/or trade and economic sanctions, laws or requirements promulgated by the European Union and/or the United States of America.

B. Explanations concerning the guarantee

1. Which bike is insured?

We insure the bicycles, i.e. the two-wheelers owned by an insured person or the policyholder mentioned in the Special Terms and Conditions.

We accept subscriptions for bikes up to three years old. The frame number of the bicycle must be indicated on the original invoice. If you do not have a frame number, you must have one engraved at the local police station. Once the number has been engraved, you will receive a bicycle card (bicycle registration card) on which you can add certain data yourself. If the insured person wants to file a valid theft report, the bicycle must have been attached to a fixed stand with an anti-theft device approved by us. The key numbers must be stated in the Special Terms and Conditions when the policy is taken out.

Attention : If a key is lost, the insured must have a duplicate made or obtain another anti-theft device approved by us. In both cases, it is advisable to inform us so that the Special Terms and Conditions can be adapted.

As far as e-bikes are concerned, we only cover e-bikes with a pedalling aid up to 25 kms/h as part of the damage and theft insurance. Accessories screwed to the bike (additional parts) are also insured. The accessories must be stated on the proof of purchase or invoice of the bicycle and their value must be included in the insured amount. They must be attached in the manner prescribed by the manufacturer. The insurance does not cover panniers, locks, baskets, child seats and detachable navigation or GPS systems.

2. When are you insured?

The effective date and the termination date of the insurance are mentioned in the Special Terms and Conditions. An insurance year begins on the effective date and ends precisely one year later.

Without prejudice to the clauses of the guarantees concerned, the guarantees shall in any case only take effect on the day following receipt by us of the correctly completed and previously signed policy, and at the earliest after payment by the policyholder of the indivisible premium due to the insurance intermediary or to us.

Allianz Assistance reserves the right to refuse policies on the basis of our acceptance policy.

3. Where is the insurance valid?

The guarantees of the present insurance are valid worldwide, except:

• Breakdown assistance is only valid in Belgium, Luxembourg and the Netherlands and up to 30 kilometres beyond the Belgian and Luxembourg border with Germany and France. And from one kilometre from your home.

4. Handle the equipment with care

The insurance is only valid if you have been sufficiently careful. The rule of the good father applies here. You must have done everything possible to avoid theft, loss or damage. Our starting point is to ask ourselves whether you could reasonably have taken better measures to avoid the damage. If so, we will not compensate you for the damage.

Examples of situations in which we do not compensate the damage:

• if you leave your bike somewhere without putting a lock on it;
• use of an anti-theft device that does not comply with the requirements for an anti-theft device approved by us;
• do not attach the bike to a fixed support with this lock;
• if you leave the bike keys unattended in clothing or a bag (e.g. in a locker room).

5. What rules apply in case of damage?

In case of damage, you must contact us as soon as possible. If you have a valid reason for not being able to do so, the maximum time limit for reporting the damage is 30 days.

We expect the insured to send us whatever we ask.

In the event of damage, the insured value must be proven on the basis of a proof of purchase or an invoice from the bicycle seller. Is the purchase note or the expert's report more than 6 months old when the insurance comes into force? In this case, we do not base ourselves on the insured value in the event of damage, but on the value of the bicycle just before the damage occurred.

In the event of damage due to theft, the insured must send us the 2 keys (1 + a spare key), as well as the claim form.

In the event of damage to the frame and paintwork, we may opt for a specialist repair by Unlimited Colours. Following a frame repair, this company will provide you with a lifetime warranty. In the event of paint repair, you receive a seven-year guarantee.

Damage to the bike can be repaired after presentation of a quotation and after we have given our permission.

Cover ceases automatically in the event of total loss, theft, sale of the bicycle or moving to a country other than Belgium or Luxembourg.

How do we calculate compensation?

We will compensate you for damage to your bicycle up to the insured value less depreciation, less the residual value and less any deductible. A total loss is defined as a total loss when the repair of the bicycle costs more than the insured value less depreciation and less the residual value. A total loss can also be caused by theft or if the bike is completely lost in some other way.

What is depreciation?

This is a decrease in the insured value because the bicycle loses value each year.

In the 1st year up to and including the 3rd year of insurance, there is no amortization.
In the 4th year, we will pay a maximum of 75% of the insured value.
In the 5th year, we will pay a maximum of 60% of the insured value.
In the 6th year, we wil pay a maximum of 45% of the insured value.
In the 7th year, we will pay a maximum of 35% of the insured value.
In the 8th year, we will pay a maximum of 25% of the insured value.
From the 9th year onwards, we will pay a maximum of 20% of the insured value.

Attention: this depreciation regime also applies to accessories.

Example

Calculation of compensation:

* For racing bikes and mountain bikes, a deductible of 20% of the damage we have ascertained is applicable in the event of total loss. For mountain bikes and racing bikes, we do not take into account damages of less than € 250,-.

In case of damage:

• you send us the estimate of the repairs as well as the original purchase invoice;
• we will compensate you for the cost of repair. Are the repair costs higher than the insured value less depreciation and less the residual value after the damage? We call this a total loss. In this case, we will compensate you for the amount remaining after deducting the insured value, depreciation, residual value after the damage and any deductible.
• you benefit from compensation of a maximum of 5€ per day for a replacement bike and 8.50€ per day for an electric bike, for a maximum duration of 3 days, plus any days necessary to have the damage estimated by a damage expert. You can forward these costs to us by having them added to the repair note.

In case of theft:

• the insuree must file a theft report with the police in person.
• you must provide us with the original police report; this report must mention the make, type, frame/engraving no. of the stolen bicycle and that the bicycle was securely attached to a fixed object.
• you provide us with the original invoice of the bike with the frame number/bike card with the number engraved on the bike.
• you must provide us with the purchase receipt or invoice for the lock with which the insured bicycle was attached and proof of purchase of the bicycle;
• you send us the two keys to the lock. At least one key must show traces of use. The key numbers must be indicated in the Special Terms and Conditions at the time of subscription and must therefore be communicated to us;
• Once we have received all the necessary documents, we will determine whether you are entitled to compensation. The insured amount, from which depreciation and deductible are deducted, will be transferred to your bank account as soon as possible after the theft is reported;
• your bike is found after compensation is paid? In that case, you must reimburse us the amount paid. You can also keep the compensation, but we will then be the owners of the stolen bicycle.

C. Content of the guarantee(s)

1. Damage to the bicycle

"Damage to the bicycle" is included in the Special Terms and Conditions? In this case, you are insured for the following:

2. Theft of the bicycle

"Theft of the bicycle" is included in the Special Terms and Conditions? In this case, you are insured for the following:

3. Assistance in the event of a bicycle breakdown

"Assistance in the event of bicycle breakdown" is included in the Special Terms and Conditions? In this case, you are insured for the following: