This Insurance Contract is governed by the terms agreed in these General Conditions and the Particular Conditions of the policy, pursuant to the provisions of Act 50/1980, of 8 October, on insurance contracts and Act 20/2015, of 14 July, on the regulation, supervision and solvency of insurance and reinsurance companies.
With this Travel Insurance Contract, the Insured who travels within the national territory covered will have the right to the various medical benefits that form part of the traveller protection system.
The Policyholder, or the individuals stated in the Specific Conditions, in the case of a Collective Policy.
The duration of the insurance coverage will be that specified in the Special Conditions.
In the event of the Insured Person taking out a “multitrip” policy, understanding as such that which guarantees them cover on all trips taken during a year, the length of each of these trips must not exceed 90 consecutive days.
When, for some reason covered by the policy, the Insured Person must prolong their stay at the trip destination, the insurance coverages will be automatically extended without cost to the Insured person, once only and up to a maximum of 7 days from the initially planned date of completion of the trip.
The guarantees set forth in this Policy are valid for incidents that take place in Spain, or in Europe, or all over the world, according to what is specified in the Particular Conditions
The European area will include the other countries on the shores of the Mediterranean: Morocco, Algeria, Tunisia, Libya, Egypt, Jordan, Israel, Palestine, Lebanon, Syria, Cyprus and Turkey.
The Medical and Health Care cover described in Article 7.1 will apply when the Insured Person is more than 50 km from their habitual residence.
The rest of the provisions covered by this policy, except the Cancellation Expenses cover, will apply when the Insured Person is more than 20 km from their habitual residence.
In any case, regardless of the distance in kilometres from their habitual residence, all covers will take effect when the Insured Person is already in the departure port, airport or station of the insured trip.
The following activities are understood as being within the scope of coverage of this policy, providing they are not the main reason for the trip and are not undertaken professionally and/or as part of a competition:
Athletics, activities in gymnasiums, ranching activities (bull-running, etc.), basketball, motorboats (with driver), bicycle rides, canoeing, curling, shooting sports/small game hunting, organised balloon trips, hiking in general, jogging, football, golf, pedalos, ball games, beach games and other beach and camping activities, go-karting, kayaking, jet skis, snowmobiles, swimming, sailing, orientation, paddle surfing, paddle tennis, paintball, tourist helicopter trips, skating, fishing, canoeing, Tibetan bridge, snowshoeing, rockodrome, 4x4 routes, Segway, hiking, snorkelling, surfing and windsurfing, tennis, rope and pulley descent, trekking under 3,000 metres altitude, sledging in ski resorts, sledging with dogs (mushing), equestrian tourism, and any other activity of similar characteristics, providing they are previously accepted by ARAG.
Additionally, by paying ARAG the corresponding extra premium, the coverage may be extended with regard to the following activities:
White-water, airsolf, canyoning, diving and underwater activities at depths of less than 20 metres, bouldering up to 8 metres in height, horse riding, sports climbing, fencing, potholing at depths of less than 150 metres, water-skiing, fly surfing, hydrobob, hydrospeed, kitesurfing, cycle touring, mountain biking, deep-water soloing up to 8 metres in height, quads, rafting, abseiling, bungee jumping, survival, trekking up to altitudes of 5,000 metres, and any other activity of similar characteristics that has been previously accepted by ARAG.
The following activities are expressly excluded from the coverage of this insurance:
Activities undertaken at an altitude of over 5,000 metres, underwater activities at depths of more than 20 metres, martial arts, aeronautic ascents or trips, big wall climbing, bobsleigh, boxing, speed or endurance races, big game hunting, track cycling, cyclocross, combat sports, sports with motorbikes, alpinism, traditional climbing, solo inclusive climbing, ice climbing, skiing, winter sports, sports schools and associations, cave diving at depths of more than 150 metres, potholing in unexplored chasms, speedboats, luge, polo, rugby, motorcycle trials, skeleton and any other activity not expressly accepted by the Company.
In any case, the professional practice of any sport and/or adventure activity and the participation in official or private sports competitions, training, trials and wagers are excluded from the coverage of this insurance policy. A “competition” is understood as any occasion on which the sporting activity is undertaken within the framework of an act or event organised by a third party other than the Policyholder and/or the Insured Person. For the purposes of this policy
The Policy holder is obliged to pay the premium at the time of drawing up the Contract. The following premiums must be paid on the corresponding due dates.
If no other place is determined in the Specific Conditions for the payment of the premium, it must be paid at the Policyholder’s address.
In the event of non-payment of the premium, if it is the first annual payment or the sole payment, the coverage will not take effect and the Insurer may cancel the policy or demand payment of the agreed premium. Non-payment of successive annuities will cause the suspension of the Policy’s guarantees after a month has elapsed following expiry. The cover will always come into effect 24 hours after the day on which the Insured pays the premium.
In the event of an accident or illness covered under this policy, ARAG, as soon as it is notified in accordance with the procedure indicated in Article 11, will guarantee the provision of the following services:
Medical and health care
ARAG, up to the limit indicated the Special Conditions of this policy, will pay the costs corresponding to the intervention of the health professionals and establishments required to attend to the ill or injured Insured Person.
The following services are expressly but not exclusively included:
In the case of a life-threatening emergency resulting from an unforeseeable complication deriving from a chronic or pre-existing illness, ARAG will only pay the cost of the initial emergency medical assistance and within the first 24 hours from the time the Insured Person is admitted into hospital,
The costs covered for this cause may in no case exceed 10% of the sum insured for medical cover.
Likewise, up to the limit indicated in the Special Conditions of the policy, ARAG will pay the cost of professional treatment for acute dental problems, understanding as such those which, due to infection, pain or trauma, require emergency treatment.
Repatriation or medicalised transportation of ill or injured persons
In the event of an accident or illness involving the Insured, ARAG will cover:
The means of transport used in each case will be decided by the ARAG Medical Team according to the urgency and seriousness of the case.
Exclusively in Europe, and always according to the criteria of ARAG’s Medical Team, a specially equipped medical aircraft may be used.
If the Insured is hospitalised in a hospital far from his/her home, ARAG will cover the costs of the following transfer to the same.
If the Insured does not have his/her usual residence in Spain, he/she will be taken to the place of departure of the journey in Spain.
Repatriation or transport of the other Insured
When, in application of the cover for “Medical repatriation or transportation of an ill or injured person” or “Repatriation or transportation of a deceased Insured Person”, one of the Insured Persons has been repatriated or relocated due to illness, accident or death, and this prevents their spouse, ascendants or descendants in the first degree, brothers or sisters, or a companion, from continuing the trip by the initially planned means, ARAG will cover the cost of their transportation to their home or the place of hospitalisation.
In the event that persons referred to in the previous paragraph do not have their habitual residence in Spain, they will be repatriated to the place at which they began their trip in Spain.
Repatriation or transportation of dependent or disabled children
If the Insured Person repatriated or relocated in application of the cover for “Medical repatriation or transportation of an ill or injured person” is travelling alone with disabled children or dependent children under fifteen years of age, ARAG will organise and pay for the return travel expenses of an attendant or a person designated by the Insured Person to accompany the children on their return home.
In the event that persons referred to in the previous paragraph do not have their habitual residence in Spain, they will be repatriated to the place at which they began their trip in Spain.
Travel for a relative or companion in the event of hospitalisation
If the condition of the ill or injured Insured Person requires their hospitalisation for more than five days, ARAG will offer a relative of the Insured Person, or the person the Insured Person designates, a return flight (economy class) or train ticket (1st class) so that they can accompany them.
ARAG will pay, on presentation of corresponding invoices, an amount equivalent to the accommodation expenses of the companion, within the limit indicated in the Special Conditions of this contract.
If the Insured Person is travelling with their disabled children or children under 18 years of age and the period of hospitalisation is longer than one day, ARAG will offer a relative of the Insured Person, or the person the Insured Person designates, a return flight (economy class) or train ticket (1st class) so that they can accompany the children.
However, until the relative or person designated by the Insured Person arrives, ARAG will assume the responsibility, providing it is possible, and the cost of the contracting a person to look after the disabled children or children under 18 years of age.
Convalescence at a hotel
If the ill or injured Insured Person is unable to return home on medical advice, ARAG will pay the hotel costs arising from the extension of the stay, up to the limit indicated in the Special Conditions of this contract.
Help for family members at the residence of a hospitalised Insured Party
If the Insured Person has to remain hospitalised due to illness or accident during the trip covered by the guarantees of this contract, and it is necessary, due to a duly justified serious and urgent reason, for a person to be present at their habitual address, ARAG will organise and pay for the return trip by scheduled flight (economy class) or train (first class) for the person designated by the Insured Person and who is resident in Spain so that they can travel to the address of the Insured Person, up to the limit indicated in the Special Conditions of the policy.
Repatriation or transportation of a deceased Insured
In the event of death of an Insured, ARAG will organise the transfer of the body to the place of burial in Spain and will cover its costs. These expenses shall be understood to include those of postmortem conditioning pursuant to the legal requirements.
Burial and ceremony costs are not included.
ARAG will pay for the return of the other Insured Persons to their homes, when this is not possible by the initially planned means.
If the Insured does not have his/her usual residence in Spain, he/she will be taken to the place of departure of the journey in Spain.
Travel of a family member in the event of death
In the event of the death of an Insured Person, ARAG will organise and pay for the travel of a relative to the place of the death, so that they can accompany the body on the repatriation journey.
ARAG will pay, on presentation of corresponding invoices, an amount equivalent to the accommodation costs of the companion, within the limit indicated in the Special Conditions of this contract.
Early return due to death of a family member
If any of Insured Persons is obliged to interrupt their trip due to the death of a relative as defined in this policy, ARAG will pay for their return travel by plane (economy class) or train (1st class) from their location to the place of burial in Spain.
Alternatively, the Insured may opt for two plane tickets (economy class) or train tickets (1st class) to his/her habitual residence in Spain.
Early return due to hospitalisation of a family member
If any of the Insured Persons is obliged to interrupt their trip due to the hospitalisation of a relative as defined in this policy, as the result of an accident or serious illness that requires their hospitalisation for at least 5 days, and this takes place after the start date of the trip, ARAG will pay for their transportation to the place in which they have their habitual residence in Spain.
Similarly, ARAG will pay for a second ticket for the transportation of the person who was accompanying, on the same trip, the Insured Person who had to return early, provided that this second person is insured person under this policy.
Early return due to a serious incident affecting the Insured’s home or business premises
ARAG will provide the Insured Person with a travel ticket to return to their address in Spain, in the event that they are obliged to interrupt their trip due to severe damage to their main residence or business premises, provided that the Insured Person is the direct operator of it or exercises a liberal profession in it, caused by fire, provided that this gave rise to the intervention of the fire service, theft consummated and reported to the police, or serious flooding, that makes their presence essential, these situations not being able to be resolved by close relatives or people in their trust, provided that the event took place after the start date of the trip.
Similarly, ARAG will pay for a second ticket for the transportation of the person who was accompanying on their trip the Insured Person who had to return early, provided that this second person is also insured under this policy.
The maximum financial limit of this cover is indicated in the Special Conditions of the policy.
Search, location and delivery of missing luggage
In the event of lost luggage on a scheduled flight, ARAG will put all necessary means at its disposal to locate it, inform the Insured of any news with regards the search and if applicable, deliver it to the beneficiary free of charge.
Sending of items forgotten or stolen during the trip
ARAG will organise and pay for the cost of sending any stolen and subsequently recovered objects, or items simply forgotten by the Insured Person, up to the limit indicated in the Special Conditions, provided that the joint cost of said items exceeds that amount.
Delay in the delivery of checked luggage
ARAG will pay, up to the maximum limit indicated in the Special Conditions of the policy, on presentation of the corresponding invoices, the cost of the purchase of basic necessities made necessary by a delay of 12 hours or more in the delivery of checked-in luggage. In no case is this compensation accumulative with the compensation paid under the “Theft and material damage to luggage” cover.
If the delay occurs on the return trip, it will only be covered if the luggage is delayed by more than 48 hours from the arrival time.
In order to receive this compensation, the Insured must provide the corresponding receipts that specify the existence of the delay and the time, issued by the courier company.
Theft of and material damage to luggage
The compensation is guaranteed for material damage and the loss of luggage or personal belongings of the Insured Person in the case of theft. Similarly, ARAG guarantees an indemnity for the total or partial loss of the luggage caused by the transport company or damage resulting from fire or aggression that occurred during the trip, up to the limit indicated in the Special Conditions.
Cameras and photographic equipment, telephones, sound or image registering equipment, electronic equipment as well as their accessories, are covered by up to 50% of the insured sum of the total luggage.
This compensation will always be additional to that received from the transport company and complementary. In order to claim this compensation, the receipt of payment corresponding to the transport company, as well as a detailed list of the equipment and its estimated value must be presented.
Theft or simple loss attributable to the Insured Person themselves are excluded, as are jewellery, cash, documents and objects of value, as well as sports and computer equipment.
For the purposes of this exclusion, the following is understood:
Presentation of the report of robbery to the competent authorities will be necessary in order to make payment in the event of robbery.
Delay of the trip on departure due to the means of transport and loss of services
When the departure of the means of public transport chosen by the Insured Person is delayed by at least 4 hours, ARAG will refund, on presentation of the pertinent receipts and invoices, the additional hotel, board and transportation costs resulting from the delay. The maximum limit of coverage is established in the Particular Conditions.
When, due to causes beyond the control of the trip organiser, the Insured Person must remain immobilised during the trip, ARAG will pay, on presentation of the opportune receipts and invoices, the expenses caused by said situation. The maximum limit of coverage is established in the Particular Conditions.
When the arrival of the means of public transport chosen by the Insured Person is delayed by more than 3 hours with respect to the planned schedule, ARAG will refund, up to the limit indicated the Special Conditions, the justified and unforeseen expenses caused by this delay, to continue or conclude the trip, provided that these expenses have not been paid by the transport company responsible for the delay.
These guarantees are not accumulative or complementary, given that, the first cause of compensation due to delay having occurred, the rest are eliminated, provided that they originate from the same cause.
Costs covered by these guarantees refer, in all cases, to those incurred in the place where the delay takes place.
Social conflicts (such as strikes, lock- outs, demonstrations, sabotage or restrictions on the free movement of travellers) are excluded from this clause, in addition to the cases specified in Article 9 of the General Exclusions.
Change to initially booked services
In the event of overbooking or last- minute cancellation, either of flights or hotels, that are beyond the control of the organisation of the agency, ARAG will compensate each Insured Person, in accordance with the following scale:
Unplanned flight departure: ARAG will compensate for every six full hours of delay, up to the limit indicated in the Special Conditions.
Departure of an unplanned alternative means of transport: ARAG will compensate for every six full hours of delay, up to the limit indicated in the Special Conditions.
For change of hotels/ apartments: ARAG will compensate up to a maximum of six days for a change of hotel or apartment, provided that the alternative is of a lower category than that initially planned, and up to the limit indicated in the Special Conditions. Such circumstance should be verifiable through the presentation of the documentation regarding the contracting of the trip and that corresponding to the hotel definitively used.
The payment of compensation as a result of the application of this cover will not be cumulative with that of the cover stated in Article 7.17 Delay to the trip in the departure of the means of transport and loss of services.
As the Insurer is dealing with guarantees of compensation payments, it replaces the actions and rights of the Insured, to the limit of the amount paid, to reclaim from those responsible for the delays occurred and the change of category of hotel reserved.
Cases of social conflict (such as strikes, lock-outs, demonstrations, sabotage, constraint of free movement, etc.) are excluded, in addition to the cases specified in Article 9 of the General Exclusions.
Trip cancellation costs
ARAG guarantees, up to the limit indicated in the Special Conditions of the policy and with the exception of the exclusions mentioned in these General Conditions, the reimbursement of the charges for the cancellation of a trip payable by the Insured Person and that are invoiced to them due to the application of the general sales terms and conditions of the Agency, or of any of the providers of the trip, provided that said trip is cancelled before its start date and for one of the following unexpected causes following the contracting and entering into force of the insurance:
Due to the death or the hospitalisation, for at least one night, or serious illness or serious bodily injury of:
In relation to the Insured Person, serious illness is understood as an alteration to health that involves hospitalisation or the need for bedrest, within the seven days prior to the trip, or that which, in the opinion of the Company medical team, makes the trip medically impossible on the planned date.
A Serious Accident is understood as a bodily injury not caused intentionally by the casualty, due to the sudden action of an external cause and that, in the opinion of a medical professional, prevents the Insured Person from beginning the trip on the expected date, or one that entails the risk of death for one of the aforementioned relatives.
When the illness affects one of the aforementioned persons, other than the Insured Person, it will be understood to be serious when it involves hospitalisation for at least one night or the need to stay in bed for a period of at least three days, in both cases provided that this is within the seven days of the beginning of the trip or entails the risk of imminent death.
Due to the occurrence of a serious issue, understanding as such as damage caused by fire, flood or consummated theft, a circumstance that must be accredited with documentary evidence, that affects the property of the Insured Person and makes their presence essential in their:
Due to dismissal of the Insured from their occupational position. This guarantee will never be effective due to a termination of a work contract, voluntary resignation or for not having passed the trial period. In all cases, the Insurance Policy must have been signed before the written notification by the Company to the employee.
Due to the incorporation of the Insured Person into a new job, in a different company, with a work contract of more than one year, provided that the incorporation occurs after the trip was booked and, therefore, after the insurance was taken out.
Due to the Insured Person being called as a party or a witness in a court case.
Due to a call for the Insured Person, spouse or first degree relative to undergo a surgical procedure or the medical tests prior to such a procedure. (Includes organ transplant, both receptor or donor.
Due to serious complications in a pregnancy that, on medical recommendation, obliges the Insured Person, her spouse, common-law partner or such a person who lives permanently with her to bedrest or hospitalisation, provided that, in the opinion of the Company medical team, these complications constitute a serious risk to the continuity or the necessary development of the aforementioned pregnancy.
Due to serious complications in a pregnancy that, on medical recommendation, obliges the Insured Person, her spouse, common-law partner or such a person who lives permanently with her to bedrest or hospitalisation, provided that, in the opinion of the Company medical team, these complications constitute a serious risk to the continuity or the necessary development of the aforementioned pregnancy.
Due to the Insured Person, her spouse, common-law partner or such a person who lives permanently with her giving birth prematurely.
Due to the legal declaration of bankruptcy proceedings of a company that prevents the Insured Person from carrying out their occupation.
Due to a requirement to act as polling officers for national, autonomous or municipal elections.
Due to the arrival of a child in adoption during the expected dates of the trip.
Due to a subpoena to appear in divorce proceedings issued after booking the trip and coinciding with its dates.
Due to an unexpected failure to issue visas for unjustified causes. The failure to grant visas is expressly excluded when the insured person has failed to take the pertinent administrative steps within the necessary period and in the necessary form for their granting.
Due to the Insured Person being detained by the police for non-criminal reasons after the insurance had been contracted and coinciding with dates of the trip.
Due to the annual tax return made in parallel, effected by the Ministry of Finance and Public Administrations that gives as a result an amount to be paid by the Insured person of more than € 600.
Due to the imposition of a traffic fine the amount of which is greater than € 600.
Due to the withdrawal of the driving license, provided that the vehicle was to be used as the means of transport for the trip and that none of the persons accompanying the Insured Person is able to substitute them in driving the vehicle.
Due to attendance at official competitive examinations called by a public authority subsequent to contracting the insurance policy.
Due to the cancellation of a wedding ceremony, provided that the insured trip was a honeymoon.
Cancellation of the trip by the person who was going to accompany the Insured person on the trip and who booked at the same time as the Insured Person and is insured under this same policy, provided that the cancellation is due to one of the causes enumerated above and that, due to this, the Insured Person would have to travel alone. In this last eventuality, ARAG will reimburse up to a maximum of 50% of the amount of the cancellation fees to be paid by the Insured Person and that are charged to them under the general sales terms and conditions of the Agency, or of any of suppliers of the trip.
In any case, it is an essential prerequisite that the insurance was contracted and communicated to ARAG at the time of the trip booking confirmation or within the following seven days.
Specific exclusions of the guarantee of travel cancellation costs:
In addition to that specified in Article 9 “Exclusions” of these General Conditions of the insurance, cancellation of the trip is not covered when the cause is:
Reimbursement for holidays not enjoyed
ARAG guarantees up to the limit indicated in the Special Conditions of the policy, and except for the exclusions mentioned in these General Conditions, an amount per day for holidays not taken. This amount will be obtained by dividing the total price of the trip, if it is an amount lower than the guaranteed capital, or the guaranteed capital if it is above that figure, by the number of days planned for the trip, with the compensation being for the number of days of holiday not taken, subject to proof being provided of the cost of the holiday.
This guarantee shall be exclusively applied when the Insured person is obliged to suspend the holiday early and return home for any of the causes mentioned in the guarantee of Travel Cancellation Costs and also subject to its specific exclusions, occurring after the start of the trip and not previously known to the Insured person.
Transmission of urgent messages
ARAG will transmit any urgent messages that are requested by the Insured, as a result of the accidents covered by these guarantees.
Sending of medications abroad
In the event that the Insured, being abroad, needs a medicament that he/ she cannot purchase in this place, ARAG will locate it and ship it in the fastest way and subject to local laws.
Cases in which the medicament is no longer manufactured or is not available through the usual distribution channels in Spain are excluded.
The Insured must refund to the Insurer the cost of the medicament, upon presentation of the bill of purchase of this medicament.
Advance of economic funds abroad
In the event the Insured Person is unable to obtain funds by the initially planned means, such as travellers cheques, credit cards, bank transfer or similar, and this makes it impossible to continue the trip, ARAG will advance, provided that a guarantee is provided that ensures repayment of the advance, an amount up to the limit indicated in the Special Conditions of the policy. In all cases, the amounts must be returned within the maximum term of thirty days.
Procedure costs for the loss or theft of documents
Duly justified fees for the replacement of the Insured Person’s documents due to the loss or theft of credit cards, bank, travellers and petrol cheques, travel tickets, passport or visas occurring during the trip and the stays, up to the limit indicated in the Special Conditions.
Damage derived from the loss or robbery of objects mentioned or their incorrect use by third parties is not covered by this guarantee and consequently compensation will not be provided.
Loss of keys to usual residence
If, as a result of the loss, theft or simple mislaying of the keys to the Insured Person’s home during the trip covered by this policy, it is necessary to employ the services of a locksmith to enter their property on their return from the aforementioned trip, ARAG will pay for the expenses incurred, on presentation of the invoice, up to the limit indicated in the Special Conditions.
Cancellation of cards
If bank or non-bank cards issued by companies in Spain are lost or stolen during the trip, ARAG, at the request of the Insured Person, agrees to request their cancellation, provided the Insured Person provides all the information required by the card issuing body to carry out said procedure.
Opening and repair of safe deposit boxes
When the hotel in which the Insured Person is accommodated has charged said person the cost of having to open or repair a safety deposit box that the Insured Person was using, as a result of the loss of the key, ARAG will pay said cost on the presentation of the opportune receipts and up to the limit established in the Special Conditions.
Rescue of persons
ARAG guarantees to rescue injured insured persons, even, if necessary, using a helicopter, up to the maximum limit established in Special Conditions.
Interpreter service
If, for any of the guarantees of aid covered by this Travel Insurance Policy, the Insured should need the presence of an interpreter in a first intervention, ARAG will provide a person who will provide a correct translation of the circumstances and situations of the Insured party.
Hijacking costs
In the event of the hijacking of the means of public transport in which the insured person is travelling, ARAG will pay the cost of an alternative means of transport, on presentation of receipts, for the continuance of or return from the trip, up to the limit indicated in the Special Conditions.
Information service
If the Insured Person needs any information regarding the countries they are going to visit, for example entrance formalities such as visas and vaccinations, the economic or political system, the population, language, health situation, etc., ARAG will provide this general information, if it is requested by a phone call, reversing the charges if necessary, to the number indicated in this policy.
Defense against criminal liability abroad
ARAG guarantees the defence against criminal liability of the Insured, in the hearings that he/she attends in foreign courts in the scope of his/her private life and which are the reason for the trip which is the aim of this Insurance.
Acts caused deliberately by the Insured party according to final court ruling are excluded.
The maximum limit for Expenses and Bail under this cover is specified in the Special Conditions of the policy.
Legal information abroad
If the Insured has a legal problem involving third parties, concerning an accident which has occurred in their private life, ARAG will put them in contact with a lawyer, if there is one in the locality in question, to arrange a meeting with the Insured, at the latter’s expense.
This service will be provided only in those countries that maintain diplomatic relations with Spain, except in cases of force majeure or in the case of an event beyond the control of the Insurer. The Insurer will not be liable for the result obtained from the legal consultation.
Claiming damages abroad
ARAG guarantees the claim for damages that the Insured may be exposed to abroad as a pedestrian, driver of land vehicles without engine, passenger of vehicles and boats for private use and passenger of any means of transport.
Claims for damages that are the result of the non-compliance of a specific contractual relationship between the Insured and its responsible party are not included in this guarantee.
In the event of the death of the Insured, his/her family members, heirs or beneficiaries may file the claim.
The maximum limit of Expenses for this cover is indicated in the Special Conditions of the policy.
Claims over purchase contracts abroad
ARAG guarantees the claim for the non-compliance of purchase contracts, taking place abroad with foreign companies that involve moveable property and in which the Insured forms part.
For the purposes of this guarantee, moveable property will exclusively be understood to be objects of decoration, electrical appliances, personal apparel and food, provided that they are property of the Insured and he /she uses them for personal use.
Antiques, stamp collections and jewellery or works of art whose unit value exceeds 3,000 euros are excluded from the coverage.
The maximum limit of Expenses for this guarantee is indicated in the Special Conditions of the policy.
Claims over service contracts abroad
ARAG guarantees claims for non- compliance with the following contracts for the provision of services contracted personally and directly by the Insured Person abroad with foreign companies and whose execution also takes place abroad
Only service contracts which affect the private life of the Insured and those of which the latter is the holder and end beneficiary are covered.
The maximum limit of Expenses for this cover is indicated in the Special Conditions of the policy.
The Policyholder has the duty to declare to ARAG, before the drawing up of the Contract, of any circumstances known to him/her that may affect the risk assessment, according to the questionnaire provided. He/she will be exempt from this duty if ARAG does not provide a questionnaire or when, even if this is provided, there are circumstances that may affect the risk assessment and which are not contained in it.
The Insurer may rescind the Contract after one month from the date on which it comes to their attention that the declaration by the Policyholder contains inaccurate information or that information has been withheld.
During the validity of the contract, the Insured person must communicate to the Insurer, as soon as possible, any alteration in the factors and circumstances declared in the questionnaire referred to in this article that could aggravate the risk and are of such a nature that if they had been known by the Insurer at the time of completing the contract, said contract would not have been entered into or would have been done so with more onerous conditions.
If ARAG is made aware of the risk, it may, in the term of one month, propose a modification of the Contract or proceed to its cancellation.
If there is a reduction in the risk, the Insured has the right, after the following annual payment, to a reduction in the amount of the premium in the corresponding proportion.
The contracted guarantees do not include:
ARAG will pay the described expenses within the established limits and up to the maximum amount contracted for each case. Events that have the same cause and take place at the same time will be considered to be a single accident.
ARAG will be obliged to pay the amount, unless the event giving rise to the claim has been caused by the lack of good faith of the Insured person.
In any guarantees which represent the payment of an amount in cash, ARAG is obliged to pay the compensation at the conclusion of any investigations and expert reports which may be necessary to establish the existence of the accident. In all cases, ARAG will pay, within 40 days counting from receipt of the declaration of the incident, the minimum amount of what it may owe, according to the circumstances known to it. If, within three months of the event that gave rise to the claim, ARAG has not paid the compensation for an unjustified cause or one that is attributable to it, the amount of the compensation will be increased by a percentage equivalent to the legal interest rate in force at the aforementioned time, incremented in turn by 50%.
If an event occurs that could give rise to payment of the covered provisions, it is an essential requirement that the Insured Person contact the emergency telephone service established by ARAG, indicating the name of the Insured Person, the policy number, the place and phone number of their location, and the type of assistance required. This call may be made reverse- charge.
The Insurer will not accept any responsibility whatsoever for provisions that have not been requested of it or that have not been effected with its prior agreement, except for duly justified cases of force majeure.
When, in the provision of services, the direct intervention of ARAG was not possible, it will be obliged to refund the Insured Person the duly accredited expenses deriving from of such services, in a maximum period of 40 days from their submission.
Up to the amount of the sums reimbursed in compliance with the obligations arising out of this Policy, ARAG will automatically be subrogated in any rights and actions which may correspond to the Insured or their heirs and also to any other payees against natural or corporate third persons as a result of the accident requiring for the service provided.
In special cases, this right may be exercised by ARAG against land, river, sea or air transport companies with regard to the total or partial replacement of the cost of the tickets not used by the Insured.
Actions deriving from the insurance contract will expire after two years if it is for damage insurance and after five years if it is insurance for persons.
If the contents of this Policy differ from the proposal of insurance or the agreed clauses, the Policyholder may appeal to the Company within the term of one month, counting from the time of delivery of the Policy, in order to correct the existing discrepancy. If no appeal has been made after this period, the conditions included in the Policy will apply.
If the contents of this Policy differ from the proposal of insurance or the agreed clauses, the Policyholder may appeal to the Company within the term of one month, counting from the time of delivery of the Policy, in order to correct the existing discrepancy. If no appeal has been made after this period, the conditions included in the Policy will apply.
The Insurer guarantees, up to the amount indicated in the Special Conditions of the policy, except for the exclusions indicated in these General Conditions, payment of the indemnities that may correspond in the event of death or permanent disability, as a result of accidents occurring to the Insured Person during trips and stays away from their usual residence covered under the travel assistance insurance to which this accident insurance is complementary.
Persons over the age of 70 years are not covered. Minors under the age of 14 years are covered for risk of death only for the amount of €3,000 for burial expenses and for the risk of permanent disability up to the amount established in the Particular Conditions.
This insurance covers, exclusively and up to the limit indicated in the special conditions of the policy, compensation for the death and disability of the INSURED PERSON as the result of an accident suffered on a means of public transport: as a passenger on a plane, regular shipping line, train or scheduled coach service, including boarding and alighting from these forms of transport, as described in the programme for the trip.
The policy does not include persons travelling in private planes, single engine planes (whether propeller, turboprop, jet, etc.) or on cruise ships.
Persons over the age of 70 years are not covered. Minors under the age of 14 years are covered for risk of death only for the amount of €3,000 for burial expenses and for the risk of permanent disability up to the amount established in the Particular Conditions.
The compensation envisaged in Personal Accident Insurance which is exclusively for public transport will not be complementary to any compensation payable for 24-hour Personal Accident Insurance, if both are contracted in the same policy.
The limit of the compensation will be established:
In the event of death:
When it is proven that the death, immediate or occurring within one year of the occurrence of the accident, is the result of an accident whose consequences are covered by the Policy, the Insurer shall pay the sum stated in the Specific Conditions.
If, after the payment of a compensation for permanent disability, the Insured dies as a result of the same accident, the Insurer will pay the difference between the amount paid for disability and the amount insured in the event of death, if this amount is higher.
In the event of permanent disability:
The Insurer will pay the total insured amount if the disability is total or a proportional part according to the degree of disability if it is partial.
For the assessment of the respective degree of disability, the following chart has been established:
Loss or impairment of both arms or both hands, or of an arm and a leg, or of a hand or a foot, or of both legs, or both feet, complete blindness, complete paralysis, or any other injury that incapaci- tates them 100% for all work.
Complete loss or impairment:
In cases not provided for above, such as for partial losses, the degree of disability will be established in proportion to its seriousness compared with the disabilities stated. The total permanent disability can never be exceeded.
The degree of disability must be finally established within one year from the date of the accident.
For the purposes of assessment of the disability of a limb or an organ, the professional situation of the Insured will not be taken into consideration.
If, before the Accident, the Insured had a bodily disability, the disability caused by this accident cannot be classified in a degree higher that which would result if the victim was a normal person from the point of view of body integrity.
Total and permanent functional loss of use of the limb is comparable to its total loss.
The following are not covered by this Insurance:
Bodily injuries occurring in a state of mental derangement, paralysis, apoplexy, diabetes, alcoholism, drug addiction, disorders of the spinal cord, syphilis, AIDS, encephalitis and, in general, any injury or illness reducing the Insured Party’s physical or mental capacity.
Bodily injuries resulting from criminal acts, provocations, fights - except in cases of legitimate self- defence - and duels, carelessness, bets or any risky or reckless undertaking, and accidents resulting from acts of war, even when this has not been declared, riots, earthquakes, floods and volcanic eruptions.
Illnesses, hernias, lumbagos, bowel obstructions, complications from varicose veins, poisoning or infections not caused directly and exclusively by an injury listed within the guarantees of this Policy.
The consequences of surgical operations or unnecessary treatments for the recovery from accidents and those which belong to the care of the person themselves.
The practice of following sports: speed or resistance racing, flying and air trips, climbing, cave exploration, hunting on horseback, polo, wrestling or boxing, deep sea fishing, parachuting, and any game or sports activity involving a high degree of risk.
The use of a two-wheeled vehicle with an engine capacity of more than 75 c.c.
The exercise of a professional activity, provided it is not of a commercial, artistic or intellectual nature.
All persons that intentionally cause the accident are excluded as beneficiaries of the guarantees covered by this Policy.
Situations of aggravation of an accident occurring prior to the drawing up of the contract are not included.
The maximum compensation of this Policy and for a single accident will not exceed €1,200,000
In accordance with the provisions in the revised text of the legal Statute of the Insurance Compensation Consortium Act, approved by the Legislative Royal Decree 7/2004, of 29 October, and modified by the Act 12/2006, of 16 May, the policyholder of an insurance contract, of which a surcharge must be added for the aforementioned public company, has the power to arrange the coverage of the extraordinary risks with any insurance company that meets the conditions demanded by the current legislation.
The indemnities derived from incidents caused by unexpected events occurring in Spain, and that affect the risks situated in it, and also those that occur abroad when the Insured Person has their habitual residence in Spain, will be paid by the Insurance Compensation Consortium in cases where the policyholder has paid the corresponding surcharges in its favour and one of the following situations has occurred:
That the extraordinary risk covered by the Insurance Compensation Consortium is not covered by the insurance policy contracted with the insurance company.
That, even though it is covered by said insurance policy, the obligations of the insuring company could not be fulfilled due to it having been declared legally bankrupt or due to it being subject a liquidation procedure intervened or assumed by the Insurance Compensation Consortium.
The Insurance Compensation Consorti- um will adjust its action to the provisions of the aforementioned Legal Statute, in Act 50/1980 of 8 October, for Insurance Contracts, in the Extraordinary Risk In- surance Regulations, approved by Royal Decree 300/2004 of 20 February, and in the supplementary provisions.
Extraordinary events covered:
The following natural phenomena: earthquakes and seaquakes, exceptional floods (including sea storms), volcanic eruptions, atypical cyclonic storms (including exceptional winds with gusts of over 120 km/h and tornados) and meteor strikes.
Violent events as a result of terrorism, rebellion, sedition, mutiny and popular disturbances.
Deeds or activities of the Armed Forces or the Security Forces in peacetime.
Risks excluded:
Those which do not give rise to compensation according to the Insurance Policy Contract Act.
Those caused to persons insured under insurance policies other than those in which the surcharge for the Consortium of Insurance Compensation is compulsory.
Those caused by armed conflicts, although there has been no official declaration of war.
Those deriving from nuclear power, without prejudice to that established in the Nuclear Power Act 25/1964 of 29 April.
Those arising from phenomena of a different nature to those indicated in Article 1 of the Extraordinary Risks Insurance Regulations, and in particular those caused by a rise in the water table level, the movement of hillsides, landslides or land settlements, rock falls and similar phenomena, unless these were manifestly caused by the action of rainwater that, in turn, would have caused an extraordinary flood situation in the area and that occurred at the same time as said flood.
Those caused by tumultuous activities occurring during the course of meetings and demonstrations carried out in accordance with Organic Law 9/1983 of 15 July, regulating of the right of assembly, as well as during the course of legally constituted strikes, unless the aforementioned activities could be categorised as extraordinary events in accordance with Article 1 of the Extraordinary Risks Insurance Regulations.
Those caused by a lack of good faith on the part of the insured person.
Those corresponding to incidents occurring before the payment of the first premium or when, in accordance with that established in the Insurance Contracts Act, coverage by the Insurance Compensation Consortium has been suspended or the insurance has been cancelled due to a failure to pay the premiums.
Incidents that, due to their magnitude and seriousness are qualified by the National Government as a “national catastrophe or calamity”.
Scope of the coverage.
The extraordinary risks coverage will apply to the same persons and insured sums that have been established in the policy for the purposes of ordinary risks.
In life insurance policies that, in accordance with the provisions of the contract, and in accordance with the regulations governing private insurance, generate a mathematical reserve, the Consortium’s coverage will refer to the risk capital for each insured person, i.e. to the difference between the insured sum and the mathematical reserve that, in accordance with the aforementioned regulations, the insurance company that issued it must have set up. The amount corresponding to the aforementioned mathematical reserve will be satisfied by said insurance company.
In the event of an incident, the insured person, policyholder, beneficiary, or their respective legal representatives, directly or through the insurance company or insurance broker, should communicate, within seven days of having knowledge of it, the occurrence of the incident to the corresponding regional delegation of the Consortium, according to where the incident took place. The communication will be made using the form provided for that purpose, which is available on the Consortium website (www.consorseguros.es) or at its offices or from the insurance company, to which should be attached the documentation that, depending on nature of the injuries, is required.
In order to clarify any queries that you may have regarding the procedure to follow, the Insurance Compensation Consortium has available the following insurer service telephone number: 902 222 665.
The Insurer will pay, up to the limit indicated limit in the Special Conditions, the pecuniary compensation that, without constituting a personal or complementary sanction of the public liability, may be demanded of the Insured Person in accordance with Articles 1,902 to 1,910 of the Civil Code, or similar provisions under foreign legislation, as having civil liability for any bodily or material injury unintentionally caused to third parties in persons, animals or objects and occurring during the trip covered by the travel assistance insurance which is complemented by this civil liability insurance.
This limit includes the payment of the legal fees and expenses as well as the constitution of any legal bonds required from the Insured.
The following are not covered by this Insurance:
The sum insured for this cover cannot be accumulated, in any case, with the sum insured for the public liability of the teacher, tutor or monitor of the guarantee given in Section 2 of this insurance.
In the event that the Insured Person is a teacher, tutor or monitor and, providing that they were acting as such with regard to a group of people in their charge during the trip covered by the travel assistance insurance that is complemented by this civil liability insurance, the Insurer will pay, up to the limit indicated in the Special Conditions, the pecuniary compensation that, according to Articles 1,902 to 1,910 of the Civil Code, or similar provisions under foreign legislation, the Insured Person is obliged to satisfy, as the person responsible for the group of people in their charge on the trip, in terms of the public liability deriving from bodily or material injury caused unintentionally to third parties in people, animals or objects and occurring during the trip covered by the travel assistance insurance which is complemented by this civil liability insurance.
This limit includes the payment of the legal fees and expenses as well as the constitution of any legal bonds required from the Insured.
The following are not covered by this Insurance:
The sum insured for this cover cannot be accumulated, in any case, with the sum insured for private civil liability by way of the cover provided for in Section 1 of this insurance.
Call our Operational Head office immediately (24-hour service)
If you prefer, from Spain you can call us reverse-charge via the telephone 1009, indicating to the operator the number 93 300 10 50.
Bear in mind that to benefit from the coverages of your policy, it is essential that you request them from us previously
For greater efficiency and speed, when you call us please provide the following details:
“Trip cancellation expenses”:
communicate the fact immediately to the trip organiser, in order to diminish the consequences of said cancellation. Advise us at ARAG of the causes, together with supporting certificates (medical, death certificates, etc.) and any invoices that they may have given rise to.
“Theft and material damage to luggage”:
provide us with a detailed description of the damage, losses or items stolen, together with supporting documents issued by the competent authority (airline, police, etc.) and any invoices that they may have given rise to.
In general: