1.1. The insurer pays compensation:
for any travel cancellation costs contractually due to the travel operator or a third party by the insured person in the event that the travel is cancelled;
in the event of travel curtailment, for any proven additionally incurred return travel expenses and any other extra expenses incurred as a direct consequence thereof provided that arrival and return travel costs are covered by the insurance agreement; this also applies in the case of subsequent return travel. In the reimbursement of these expenses, with respect to the type and class of the means of transport, the accommodation and catering the quality as reflected by the booked travel shall be authoritative. If, contrary to the booked travel return travel must be made by plane, only the expenses for one seat in the lowest air travel category shall be reimbursed. Medical expenses, expenses for an accompanying person, as well as the expenses for the transport of a deceased insured person are not covered.
The insurer is obliged to pay compensation within the scope of Paragraph 1, if, as a result of one of the following causes, either the insured person's inability to travel can be expected in accordance with general life experience, or if he/she cannot be reasonably expected to start off on a journey or to complete it in accordance with the plans that have been made:
serious injury caused by accident
unexpected serious illness;
intolerance to vaccination;
damage to the property of the insured person as a result of fire, acts of god or deliberate commission of a crime by a third party, provided that the damage is significant or the presence of the insured person is required for the ascertainment of the damage;
loss of employment by the insured person or an accompanying co-insured person by reason of an unexpected termination of employment by the employer for operational reasons;
acceptance of an employment relationship by the insured person or an accompanying co-insured person provided that these persons were unemployed at the time the travel was booked;
If the travel was booked for 2 persons together, the same applies to the second person provided that this person is also insured.
Apart from the policy holder, insurance cover also extends to the following co-insured persons: The policy holder's spouse or his/her partner, provided the former and the latter live in the same household, their children, parents, siblings, grandparents, grandchildren, parents-in-law, children-in-law, as well as persons that have booked a travel and taken out insurance for it together with the policy holder.
The insurance cover provided by the insurer does not extend to the following risks
war, civil war or warlike events and circumstances which, irrespective of the existence of a state of war, result from the hostile use of war instruments or the presence of such instruments as a consequence of one of these risks;
strike, lockout, unrest in connection with industrial action, terrorist acts or politcally motivated acts of violence irrespective of the number of persons involved, riots and civil commotion;
confiscation, forfeiture and other interventions by public authorities;
the use of chemical, biological or biochemical substances and electromagnetic waves as weapons capable of causing public danger irrespective of any contributing factors;
nuclear energy and other ionising radiation;
The insurer is released from its obligation to pay compensation if the policy holder/ insured person has intentionally caused the occurrence of the insured event. In cases of gross negligence the insurer is entitled to reduce its payment in accordance with the degree of culpability on the part of the policy holder.
The insured sum must fully cover the full travel fee as documented by the booking (insured value). Expenses for services which are not included therein (e.g. for an additional itinerary, flight expenses and transfer costs) are also insured if they have been taken into account in determining the agreed insured sum. The insurer is liable to pay compensation up to the insured sum minus deductible (retention); if the proven additional costs of return travel exceed the insured value, the insurer shall also recompense the amount over and above the insured value minus deductible (retention).
If the occurrence of an insured event is the result of illness or personal injury caused by accident, the policy holder shall bear the deductible (retention) agreed per person respectively.
The policy holder shall bear a deductible (retention) with respect to every insured event. The deductible (retention) is set at EUR 25.00 per person. If the occurence of an insured event is the result of illness, the policy holder shall bear 20 per cent of the reimbursable costs himself/herself, as a minimum, however, EUR 25.00 per person. The deductible (retention) is not applicable where a full in-patient hospital treatment became necessary by reason of unexpected serious illness.
The policy holder/ the insured person is obliged:
to immediately notify the insurer of the occurrence of the insured event and, at the same time, to cancel the travel arrangement or, in the case that the travel has already been commenced, to notify the travel operator of the curtailment of the travel;
upon request, to provide the insurer with all relevant information and, without being explicitly requested to do so, to furnish the insurer with all requisite documentation, in particular to submit medical certificates regarding illnesses, injuries caused by accidents, intolerance to vaccinations and/or pregnancy within the meaning of Paragraph 1.2 , enclosing the booking documents;
to furnish proof of a psychiatric condition by means of a medical certificate issued by a medical specialist for psychiatry;
upon the insurer's request, to release the physicians from their duty of confidentiality regarding the insured event, as far as it is legally permissible to comply with this request;
in the event of death, to furnish a death certificate;
in the event of loss of employment, to furnish the relevant written notice and, in the event of the acceptance of an employment relationship, to make available to the insurer the competent employment office's notification regarding the suspension of employment benefit payments as proof of the establishment of a new employment relationship.
Should the policy holder deliberately breach one of the obligations which he is to fulfil vis-a-vis the insurer following the occurrence of an insured event, the insurer is released from its obligation to pay compensation.
In the event of a a grossly negligent breach of the above-mentioned obligations the insurer is entitled to reduce its payment in accordance with the degree of culpability on the part of the policy holder. The policy holder bears the burden of proof of the fact that there was no gross negligence involved.
Except for cases of fraudulent misrepresentation on the part of the policy holder, the insurer remains obliged to pay compensation in as far as the policy holder can demonstrate that the breach had no causal influence either on the occurrence and on the ascertainment of the insured event or on the determination and the scope of the insurer's obligation to pay compensation.
If the policy holder breaches one of the information obligations to which he/she is subject following the occurrence of an insured event, the insurer shall only then be wholly or partially released from its obligation to pay compensation where it has notified the policy holder of this legal consequence by means of a written communication.
Once the insurer's obligation to pay compensation has been established both with regard to its merits and amount, payment out of compensation must be effected within two weeks.
Claims under the insurance agreement become time-barred within three years. Where a claim under the insurance agreement has been asserted against the insurer, with regard to the calculation of the expiry of the limitation period the time period from the assertion of the claim until the date the insurer's decision has been communicated to the claimant in writing shall not be taken into account.
Insofar as not provided to the contrary in the Terms and Conditions for Insurance, statutory law is applicable.
Provided that insurance is taken out upon the conclusion of rental agreements regarding yachts, holiday homes or holiday apartments in hotels, Paragraph 1 of the General Terms and Conditions for Travel Cancellation Insurance (ABRV) shall be amended as follows:
The insurer pays compensation
for any travel cancellation costs contractually due to the lessor or a third party by the policy holder in the event that the yacht, holiday home, holiday house or holiday apartment in a hotel is not used for one of the reasons set out in Paragraph 1.2 ABRV;
for the un-used portion of the rental costs where a subsequent hiring out of the rented object to a third party could not be effected, in the event of a premature return/ abandonment of the yacht, holiday home, holiday house or holiday apartment in a hotel takes place for one of the reasons set out in Paragraph 1.2 ABRV.
All other terms and conditions of the ABRV apply correspondingly.