General Terms and Conditions for Group Cancellation Policy
1 Definitions
In these terms and conditions, the following definitions apply:
1.1 Beaujean Vacances: Beaujean Vacances B.V. .
1.2 Contracting party: all party members named on the guest list.
1.3 Rental price: the total amounts payable and/or paid in advance for bookings.
1.4 Stay: the duration of the stay in group accommodation according to the agreement.
1.5 Cancellation fees: rental price, or portion thereof, and transfer fees payable in the event of cancellation
1.6 Unused days: days which the contracting party was unexpectedly unable to spend in group accommodation where he was to stay.
1.7 Rental price per day: each individual's personal rental price divided by the total number of days of the stay. Unless otherwise indicated, only full days are reimbursed, less refunds and the like.
1.8 Group cancellation policy arrangement costs: costs associated with setting up the group cancellation policy.
1.9 Cancellation policy: group cancellation policy.
2 Duration of policy
2.1 The policy is valid from the date on which it is taken out up to and including the end day of the stay according to the agreement.
2.2 Cover commences after payment of the costs of the cancellation policy and only once the full list of names, addresses etc. of the party members has been received by Beaujean Vacances. Changes to the list of names and addresses of party members must be notified to Beaujean Vacances at once, in writing or by e-mail.
The cover will be revised after receipt of the change.
The cover ends on the end date of the stay according to the agreement.
2.3 The cancellation policy can only be taken out at the time of entering into the rental agreement, unless expressly agreed otherwise.
3 Duration of cover
Within the period of validity of the cancellation policy, the cover:
3.1 for cancellation costs commences after booking the stay and ends at the time of arrival for the stay
3.2 is valid for unused days from the time of commencement of the stay up to and including the end date of the
stay.
4 Cancellation policy arrangement costs
4.1 Payment
The contracting party is obliged to pay the costs of arranging the cancellation policy at the time the policy is concluded.
4.2 Refund
There is no entitlement to a refund of the cancellation policy arrangement costs, unless the stay is cancelled by Beaujean Vacances.
5 Amount of cancellation policy arrangement costs
The arrangement costs are 5,5% of the basic rent agreed in the rental agreement.
6 Cover for Cancellation costs
Group cancellation
6.1 The cover pays cancellation costs as a result of an uncertain event as referred to in 6.1.1 to 6.1.3. All contracting parties, up to the maximum stated in article 8.1., are entitled to payment
6.1.1 Death, serious illness or serious accidental injury sustained by a contracting party
6.1.2 Death of a person who is not a member of the party but has been named to Beaujean Vacances beforehand.
6.1.3 Unavailability of the rented accommodation due to an external calamity.
Individual cancellation
6.2 Payment will be made for cancellation costs as a result of an uncertain event as referred to in 6.2.1 to 6.2.6. All contracting parties, up to the maximum stated in article 8.1., are entitled to payment.
6.2.1 Death, serious illness or serious accidental injury sustained by a contacting party.
6.2.2 Death, serious illness or serious accidental injury sustained by family members in the 1st or 2nd degree or housemates of the contracting party.
6.2.3 Pregnancy of the contracting party or partner.
6.2.4 Material damage (damage to goods/physical objects) to property of the contracting party, his rented property or the company where he works, necessitating his urgent presence.
6.2.5 A rental property unexpectedly becoming available to the contracting party or the unexpected completion of a house purchase, but not more than 30 days before the start and not later than 30 days after the end of the stay.
6.2.6 Irretrievable breakdown of the contracting party's marriage, resulting in the initiation of divorce proceedings. The dissolution of a notarized cohabitation agreement is tantamount to irretrievable breakdown.
In order to be entitled to payment, there must be no person who can replace the contracting party.
7 Cover for unused days
Group cancellation
7.1 r
7.1.1 Payment is made on the basis of the rental price per day as a consequence of an uncertain event as referred to in 7.1.2 to 7.1.4.
All contracting parties, up to the maximum stated in article 8.1., are entitled to payment.
7.1.2 Death or serious illness of, or serious accidental injury sustained by the contracting party
7.1.3 Death of a person who is not a member of the party but has been named to Beaujean Vacances beforehand.
7.1.4 Unavailability of the rented accommodation due to an external calamity.
Individual cancellation
7.2 Early return
7.2.1 Payment is made in the amount of the rental price per day in the event of early return to place of residence as a consequence of an uncertain event as referred to in 7.2.2 to 7.2.7.
The contracting party affected and the contracting party's family members, up to the maximum stated in article 8.1., are entitled to payment if they also return early.
7.2.2 Death, serious illness or serious accidental injury sustained by a contacting party.
7.2.3 Death, serious illness or serious accidental injury sustained by family members in the 1st or 2nd degree or housemates of the contracting party.
7.2.4 Pregnancy complications suffered by the contracting party or partner.
7.2.5 Material damage (damage to goods/physical objects) to property of the contracting party, his rented property or the company where he works, necessitating his urgent presence.
7.2.6 A rental property unexpectedly becoming available to the contracting party or the unexpected completion of a house purchase, but not more than 30 days before the start and not later than 30 days after the end of the stay.
7.2.7 Irretrievable breakdown of the contracting party's marriage, resulting in the initiation of divorce proceedings. The dissolution of a notarized cohabitation agreement is tantamount to irretrievable breakdown.
8 Maximum payment
8.1 The maximum payment for all contracting parties combined is 100% of the rental price, divided among all contracting parties in proportion to each person's share in the rental price.
8.2 Any refunds are deducted from the payment.
8.3 Any previous payment based on individual cancellation will be deducted from payment for group cancellation.
General exclusions
9.1 No payment will be made if the contracting party or interested party:
9.1.1 makes a false statement and/or gives an incorrect version of events.
In this case, entitlement to payment is forfeited for the entire claim, including those components in respect of which no false statement was made and/or no incorrect version of events was given.
9.1.2 one or more obligations under the agreement have not been fulfilled and this adversely affects the interests of Beaujean Vacances. All entitlement to payment is also forfeited if the contracting party or interested party has not fulfilled the obligations mentioned in article 10.2, with the intention of deceiving Beaujean Vacances, unless the deception does not justify the forfeiture of entitlement.
9.2 No payment will be made for a claim as a consequence of an event
9.2.1 that is directly or indirectly connected with:
-act of war, which denotes armed conflict, civil war, uprising, civil unrest, rioting and mutiny. The six types of act of war listed, and their definitions, form part of the text lodged by the Dutch Association of Insurers (Verbond van Verzekeraars) on 2 November 1981 at the registry of the district court of The Hague.
-nuclear reaction, which denotes any nuclear reaction involving the release of energy.
-seizure and confiscation.
-knowingly attending a hijacking, strike or terrorist act.
9.2.2 arising intentionally or facilitated intentionally, whether or not there is intentional recklessness, and whether or not there is evidence of intentional guilt.
9.2.3 that is directly or indirectly connected with suicide or attempted suicide by the contracting party.
9.2.4 during or as a consequence of taking part in or committing an offence or attempted offence.
9.2.5 that is connected with an illness, ailment or defect that already existed or caused problems for the contracting party, family members in the 1st or 2nd degree of his housemates in the three-month period before the date on which the policy was taken out.
This exclusion applies only if the policy was taken out more than 7 days after the date on which the booking was made.
10 Obligations in the event of damage
10.1 The contracting party or interested party is obliged:
10.1.1 to do all that is reasonably possible to prevent, reduce or limit damage
10.1.2 to seek immediate medical assistance in the event of an accident or illness and to do everything possible to promote recovery. The contracting party is also obliged, at Beaujean Vacances’ request and expense, to submit to an examination by a doctor designated by Beaujean Vacances and to provide that doctor with all the requested information.
10.1.3 to cooperate fully with Beaujean Vacances, provide truthful information and refrain from anything that could be detrimental to the interests of Beaujean Vacances
10.1.4 to provide evidence of the circumstances resulting in a request for payment.
10.1.5 to submit the original supporting documents
10.1.6 to cooperate with recourse against third parties, if necessary by transferring claims, and with the issue of the necessary powers.
10.2 The contracting party or interested party is obliged:
10.2.1 to notify Beaujean Vacances at once, but at the latest within 3 working days, following an event resulting in the cancellation or possible cancellation of the stay.
10.2.2 to notify Beaujean Vacances as soon as reasonably possible, but at the latest within 1 month of the end of the event, of a request for payment by sending a completed and signed claim form.
10.3 Statements made in a notification as referred to in 10.2.1 and 10.2.2 also serve to assess the claim and the entitlement to payment.
11 Claims settlement
Beaujean Vacances is entrusted with settling or arranging settlement of claims, based in part on the details
and information supplied by the contracting party.
12 Dual policy
If, in the absence of this policy, a claim could be made to payment on the basis of any other policy, whether or not such policy pre-dates this one, or on the basis of any law or other provision, this policy is valid only in the last instance. In this event, the claim will only be eligible for payment in the amount in excess of the sum which the contracting party can claim elsewhere.
13 Entitled parties
13.1 Only the contracting party is entitled to payment.
In the event of the death of the contracting party, the natural person or persons acting as his heir or heirs are also entitled to payment. Heirs must always be able to show a certificate of inheritance .
13.2 Payment will be made to one contracting party (unless other contracting parties have objected to this by writing to Beaujean Vacancies prior to payment being made), or to the party through whom the policy was arranged.
14 Limitation period for entitlement to payment
If Beaujean Vacances has given written notification of a final position on a claim, any entitlement against Beaujean Vacances with respect to the claim in question become time-barred after 6 months. This period
commences on the date on which Beaujean Vacances sent this notification.
15 Address
Notices by Beaujean Vacances to the contracting party are lawfully sent to the contracting party's last known address as disclosed to Beaujean Vacances
or to the address of the party through whom the policy was arranged.
16 Disputes/complaints
Dutch law applies to all disputes concerning the agreement. The court or subdistrict court of Maastricht has sole jurisdiction.
17 Terrorism cover clause
The Schedule on Terrorism Cover (Clausuleblad terrorismedekking) issued by Nederlandse Herregelingsmaatschappij voor Terrorismeschaden N.V. applies to this
policy. This schedule was sent to you on 15 July 2003, as an attachment to a door-to-door letter to all addresses in the Netherlands. The text can also be found at www.terrorismeverzekerd.nl.