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Scheduled Airline Failure - from 22nd July 2023

Period of Insurance: 22 July 2023 to 21 July 2024 (inclusive of both days) Up to and not exceeding £5,000 for any one airline ticket

 

SCHEDULED AIRLINE FAILURE INSURANCE POLICY

The Insurer agrees to pay the Insured subject to the terms and conditions contained herein or set out in the schedule of insurance or
endorsed hereon in respect of their Net Ascertained Financial Loss sustained arising during the Period of Insurance directly from
the cancellation or curtailment of a Scheduled Airline Flight arising solely in the event of the Insolvency of the Scheduled Airline
provided always that the Insurers liability shall in no case exceed the Maximum Loss Insured stated in the Schedule to this Policy.

This policy is subject to the laws of England and Wales and subject to the exclusive jurisdiction of the courts of
England.

‘Beneficiaries’ shall mean the group of individuals (customers) who have at any one time purchased the ‘Airline Failure’ product in
relation to a ticket(s) for one or more Scheduled Airline Flights.

The only parties to this contract of insurance are Insurer(s) and the Insured. It is not the parties’ intention to confer on any third party,
including any customer of the Insured, the right to sue on or enforce any term of this contract, whether by reference to the Contracts (Rights of Third Parties) Act 1999 or otherwise and that the Contracts (Rights of Third Parties) Act 1999 shall not apply to this contract.
The terms of this Policy or any of them may be varied, amended or modified, or this Policy may be suspended, cancelled or terminated
in writing between Insurer(s) and the Insured, or this Policy may be rescinded (in each case), without the consent of any of the Insured’s
customers.

The Insured will have no authority by virtue of this Policy to act as agent of Insurer(s) to enter into contracts of insurance with the
Insured’s customers. Similarly, the Insured will have no authority to enter into any contract of insurance as agent of any of the Insured’s
customers.

PROVIDED ALWAYS THAT:
Insurers liability shall in no case exceed the sum insured stated in the Schedule.

DEFINITIONS
Whenever the following words appear in bold in this insurance they will have the meanings shown below.

Financial Failure
The Scheduled Airline becoming Insolvent or having an administrator appointed and being unable to fulfil the booked
flight(s).

Insured
The corporate body named on the schedule of insurance issued lawfully under this Policy provided that:
a the Insured has booked a ticket(s) for one or more Scheduled Airline Flights
b the Scheduled Airline is not bonded nor is the risk insured elsewhere.
Net Ascertained Financial Loss
a If the Trip has not commenced prior to the Insolvency the Net Ascertained Financial Loss shall be the amount equivalent
to the sum(s) paid by the Insured’s Beneficiaries either as deposit, or as the case may be, as the full price of the Scheduled
Airline Flight(s).
b If the Trip has commenced prior to the Insolvency the Net Ascertained Financial Loss shall be:
i) provided that the Trip is nevertheless fully completed the sum equivalent to the price paid for the ticket(s) for such
Scheduled Airline Flights forming part of the Trip as were cancelled as a direct result of the Insolvency; or
ii) if the Trip is curtailed forthwith upon the Insolvency the cost of direct return transportation to the United Kingdom,
Channel Islands, Isle of Man, Gibraltar or Ireland to a similar standard to that originally booked as part of the Trip
such return flight commencing at the point of curtailment of the Trip as the direct result of the Insolvency; or
iii) where the Trip is partially continued but not completed after the Insolvency the lesser of the sums which might
otherwise have been payable under i) or ii) above. PROVIDED ALWAYS that the Net Ascertained Financial Loss shall not exceed the Maximum Insured Loss as shown on
the schedule to this policy.
Period of Insurance
The length of time for which this insurance is in force, as shown in the schedule.
Schedule
The document showing your name, the amounts insured, and the period of insurance.
Scheduled Airline
An airline operating Scheduled Airline Flights.
Scheduled Airline Flight
One of a series of flights which are undertaken between the same two places and which together amount to a systematic
service operated in such a manner that the benefits thereof are available to members of the public generally from time to
time seeking to take advantage of it.
Trip
Travel comprising one or more sequential Scheduled Airline Flights to which the schedule of insurance issued
hereunder relates.

IMPORTANT INFORMATION

This document, the schedule and any endorsement(s) attached form your insurance.

This document sets out the conditions of the
insurance between you and us. Please read the whole document carefully and keep it in a safe place.
It is important that:
• you check that the information contained in the schedule is accurate;
• you notify us of any inaccuracies in the information contained in the schedule, or of any changes to that information (see the
“Notifying us of any changes or inaccuracies” section; and
• you comply with the “Things you must do” in the event of a claim, your duties under each section, and your duties
under the insurance as a whole.
Failure to comply with the above could adversely affect your insurance or any claim you make.

Information you have given us

In deciding to accept this insurance and in setting the terms and premium, we have relied on the information you have given us. You
must take care when answering any questions we ask by ensuring that all information provided is accurate and complete.

If we establish that you deliberately or recklessly provided us with false or misleading information we will treat this insurance as if it
never existed and decline all claims.

If we establish that you carelessly provided us with false or misleading information it could adversely affect your insurance and any
claim. For example we may:
• treat this insurance as if it had never existed and refuse to pay all claims and return the premium paid. We will only do this if we
provided you with insurance cover which we would not otherwise have offered; or
• amend the terms of your insurance. We may apply these amended terms as if they were already in place if a claim has been
adversely impacted by your carelessness; or
• charge you more for your insurance or reduce the amount we pay on a claim in the proportion the premium you have paid bears
to the premium we would have charged you; or
• cancel your insurance in accordance with the “Cancelling this insurance” section on page 4.

We will write to you if we:
• intend to treat this insurance as if it never existed; or
• need to amend the terms of your insurance; or
• require you to pay more for your insurance.

Notifying us of any changes or inaccuracies
You must notify us:
• without delay if you become aware that information you have given us is inaccurate;
• within fourteen (14) days of you becoming aware about any changes in the information you have provided to us which happens
before the start of the period of insurance;
When we are notified that information you previously provided is inaccurate, or of any changes to that information, we will tell you if
this affects your insurance. For example, we may amend the terms of your insurance or require you to pay more for your insurance or
cancel your insurance in accordance with the “Cancelling this insurance” section below.
If you fail to notify us that information you have provided is inaccurate, or you fail to notify us of any changes, this insurance may become
invalid and we may not pay your claim, or any payment could be reduced.

Cancelling this insurance
If this insurance is not suitable for you and you want to cancel it, you must write (either by e-mail or letter, which you can post or fax
to the number below) to us within 14 days of buying your policy or the date you receive your policy.

You can cancel this insurance at any time by giving us thirty (30) days notice in writing to us.

We can cancel this insurance by giving you thirty (30) days' notice in writing. We will only do this for a valid reason (examples of valid
reasons are as follows):
• non payment of premium;
• a change in risk occurring which means that we can no longer provide you with insurance cover;
• non-cooperation or failure to supply any information or documentation we request; or
• threatening or abusive behaviour or the use of threatening or abusive language.

Refund of premium
If you cancel within 14 days as long as the insured has not made a claim on this policy.
At all other times, there are no refunds of premiums already paid, this policy may also be subject to a minimum premium paid and agreed at the time of effecting this policy.
If we pay any claim, in whole or in part, then no refund of premium will be allowed

EXCLUSIONS

The Insurers shall not be liable in respect of any loss directly or indirectly caused by, consequent upon, contributed to, or resulting
from any of the following:

1 War (whether before or after the outbreak of hostilities) between any of the following powers: People’s Republic of China,
France, United Kingdom, the United States of America and the Russian Federation.

2 Nuclear reaction, nuclear radiation or radioactive contamination

3 Civil commotion assuming the proportions of or amounting to a popular rising riot, strikes, lockouts, martial law or the act
of any lawfully constituted authority;

4 Any loss or part of a loss which at the time of the happening of the loss is Insured or guaranteed by any other existing Policy,
Policies, bond or is capable of recovery from any bank or card issuer or any other legal means.

5 Any loss sustained by the Insured when the Policy or other evidence of coverage was affected after the date of the first threat
of insolvency, as defined, of the Scheduled Airline.

6 Any losses not directly associated with the incident that caused you to claim. For example, loss due to being unable to reach
the pre-booked hotel, villa, car hire or cruise following the financial failure of an airline.

POLICY TERMS & REQUIREMENTS

1 If the premium in the Schedule is subject to adjustment, the Insured shall keep the records necessary to enable the premium
to be adjusted on the basis specified in the Schedule and shall at all reasonable times permit the Insurer's representatives to
examine and verify such records. At the end of each period specified in the Schedule and at the expiry of this Policy the
Insured shall declare to the Insurers such particulars for any due premium adjustment, either in favour of the Insured or the
Insurer and pay any additional premium due;

2 In the event of any claim under this Policy the Insurer shall be entitled to take over and/or conduct in the name of the Insured
but at its own expense and for its own benefit any proceedings or actions, whether before or after any payment is made
hereunder, and the Insured shall give the Insurer all reasonable assistance in connection therewith;

3 Maintenance of Records Clause: The Insured shall maintain adequate records in connection with the subject matter insured
and such records will be available to the Insurers upon reasonable notice to the Insured;

4 This Policy shall be governed by the Laws of England whose Courts shall have jurisdiction in any dispute arising hereunder;

5 No provision or condition of this Policy may be waived or modified except by an endorsement signed by an authorised official
on behalf of the Insurers;

6 Unless the context otherwise requires, words used in this policy importing the masculine gender shall be construed as importing
the feminine gender;

7 Only Scheduled Airlines requested to be insured and subsequently agreed in writing will be covered by this policy subject
to maximum limit of risk exposure. At any time during the period of this policy, the Insurer may elect in its sole discretion, to
remove a Scheduled Airline from those previously agreed and forming part of this policy. Under such circumstances, the
Insured will be notified promptly of such removal in writing, with such written notification incorporating the actual date from
which the Scheduled Airline is being removed (the Removal Date). The parties hereby agree that in such event, no cover is
given under this policy for any sales made on behalf of the Scheduled Airline, where such ticket sales have been effected
after the Removal Date.

HOW TO MAKE A CLAIM
Things you must do
You must comply with the following conditions. If you fail to do so, we may not pay your claim, or any payment could be reduced.

1. You must notify IPP as soon as practically possible giving full details of what has happened, at
International Passenger Protection Ltd (Claims Office)
IPP House,
22-26 Station Road,
West Wickham,
Kent BR4 0PR, United Kingdom.
Tel: (020) 8776 3761
Email: info@ipplondon.co.uk;
or online at http://www.ipplondon.co.uk/claims.asp
2. You must provide IPP with any other information we may require.
3. You must take all reasonable care to limit any loss.

Defence of claims
We may, at our discretion:
• take full responsibility for conducting, defending or settling any claim in your name; and
• take any action we consider necessary to enforce your rights or our rights under this insurance.

Fraudulent claims
1. If you make a fraudulent claim under this insurance, we:
(a) are not liable to pay the claim; and
(b) may recover from you any sums paid by us to you in respect of the claim; and
(c) may by notice to you treat this insurance as having been terminated with effect from the time of the fraudulent act.
2. If we exercise our right under clause 1. (c) above:
(a) we shall not be liable to you in respect of a relevant event occurring after the time of the fraudulent act. A relevant event is
whatever gives rise to our liability under this insurance (such as the occurrence of a loss, the making of a claim, or the notification
of a potential claim); and
(b) we need not return any of the premiums paid.

HOW TO MAKE A COMPLAINT
Compliance Officer
Liberty Mutual Insurance Europe SE
20 Fenchurch Street
London EC3M 3AW
Tel: +44 (0) 20 3758 0840
Email: complaints@libertyglobalgroup.com
quoting your policy and/or claim number;
If after making a complaint you are still not satisfied you may be entitled to refer the dispute to an independent organisation. This will
depend on where you are based, please see below.
For policyholders and insured persons based in the UK
The Financial Ombudsman Service is a free and impartial service, who may be contacted at:
Exchange Tower
Harbour Exchange
London
E14 9SR
Tel: 0800 023 4567
Website: www.financial-ombudsman.org.uk
To confirm whether you are eligible to ask the Financial Ombudsman Service to review your complaint find out more at www.financialombudsman.org.uk

Data Protection
We will deal with any information you provide to us in compliance with the provisions of relevant Data Protection legislation. For the
purposes of providing this insurance and the handling of any claims or complaints, we may need to transfer certain information which
you have provided to other parties.

Sanctions
We will not provide any benefit under this insurance to the extent of providing cover, payment of any claim or the provision of any
benefit where doing so would breach any sanction, prohibition or restriction imposed by law or regulation.

Non-Assignment
No title, or right under this policy may be assigned, transferred, conveyed or otherwise disposed of without Insurers consent in writing.
Any attempt to assign any rights without the Insurer’s written consent is null and void.

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