Free and non-committal translation
In case of dispute regarding the interpretation of the wording, the Dutch version prevail.
ARTICLE 1: INSURANCE CONDITIONS
1) The insurer compensates the damage to a bicycle as follows:
“All Risks”: all material damages and/or losses whatsoever caused.
“Theft”: theft of an entire bicycle and damages to the bicycle as a result of theft.
2) The coverage is always subject to the conditions and restrictions as mentioned in the current general conditions.
3) Damage to and/or theft of accessories is covered provided that the insured bicycle is also damaged and/or entirely stolen and as far that the value of those accessories is included in the insured value.
4) The bicycle user will receive a replacement bicycle if the repair or delivery time of a new bicycle will last longer than 8 working days and during maximum 38 days (one month and one week).
6) The maximum insured value is 25.000€ per bicycle unless otherwise agreed.
– In case of theft or total loss:
*The bike will be replaced by an equivalent model and a new contract starts – €0
*The bike will be replaced by an equivalent model within the existing contract – 10% on the catalogue value
– In case of damage: €25.
– Battery: for bicycles older than 1 year a deductible of 20%/year on the value of the battery will apply.
ARTICLE 2: DEFINITIONS
1) Bicycle: the bicycle defined in the insurance policy.
2) Accessories: the fixed additional parts on the bicycle (whether screw tighten or not).
A bicycle helmet is considered as a not screwed accessory.
A battery and battery charger of an electrical bicycle as well as a display (whether taken off or not) supplied with the bicycle are an integral part of the bicycle and are not considered as an accessory.
3) Safety lock: the safety lock defined in the insurance policy.
4) Insured value: the paid purchase price including VAT (if not recoverable) and optionally the value of the accessories. The accessories not included in the insured value are not covered.
If the VAT is recoverable the insured value will be VAT excluded.
The granted rebates or discounts are not included in the insured value.
5) The Assured: the person or the company who has signed the insurance policy and who is the claim’s beneficiary.
6) The insurance company: the insurance company mentioned in Article 12.
7) The insurance policy: The insurance policy consists of the particular conditions named “insurance policy” and the current general conditions attached to the particular conditions.
9) Total loss:
a) If the entire bicycle is lost due to theft and isn’t found within 7 days;
b) If technically it is not possible to repair the bicycle;
c) If the repair costs are exceeding the insured value of the bicycle before the damage less the proceeds of the remains.
ARTICLE 3: EXCLUSIONS
1) “Theft” insurance: damage caused by an attempt of theft.
2) Damage caused by deception or intentionally by the insured or by someone who has an interest in a claim compensation.
3) Damages due to a theft if the bicycle was not locked with the safety lock mentioned on the insurance policy.
4) Repair costs due to wear and damage due to depreciation.
5) Damage due to manufacturing defects, design flaws and design faults.
6) Flat tires if not happened simultaneously with another covered claim.
7) Theft of not screw tighten accessories like, but not limited to, gps devices, bicycle computer, and suchlike … if the bicycle is not entirely stolen.
8) Damage to not screw tighten accessories like, but not limited to, gps devices, bicycle computer, and suchlike … if the bicycle is not damaged.
9) Damage to or theft of clothes, shoes or any other belonging or accessory of the bicycle’s user.
10) Damage caused by radioactive contamination, chemical, biological, biochemical and electromagnetic weapons and abandonment of radioactive goods.
11) Damage, theft and/or costs caused by capture, confiscation and any other occurrence which is the consequence of contraband, illegal trade and illicit traffic.
12) The contractual and/or extra-contractual assured’s liability resulting from damage and/or theft anyway caused by the insured goods and things.
13) Damage, theft and/or costs caused directly or indirectly, completely or partly by terrorism, war, strike and rebellion including civil war or acts of violence with collective driving force whether or not associated with rebellion against the authorities, lock-outs or unrests resulting from labour disputes.
14) The indirect damages, theft and/or costs even caused by an insured risk.
ARTICLE 4: SANCTION CLAUSE
The cover shall not apply in any case of sanctions, restrictions or prohibitions imposed by any competent national, international or supranational authority forbidding insurers to provide insurance services.
ARTICLE 5: GENERAL OBLIGATIONS OF THE ASSURED
To claim an insurance compensation, the Assured needs to satisfy following requirements:
1) Provide all requested information and documents to the insurer and follow his instructions.
2) Make a duplicate of a key if lost. Do not duplicate keys if they are not lost.
3) The insured must keep his bike in good condition according to the manufaturer’s or repairer’s instructions and to repair defects/deficiencies in time.
4) The Assured must refrain from participating in competitions, or trainings or preparations necessary for this with the insured bicycle.
5) The Assured may not rent the insured bicycle for a short period (less than 1 year).
6) The Assured must refrain from cycling during voluntary intoxication of any kind (alcohol, drugs and suchlike …) and/or the use of medicines that aren’t prescribed by a doctor. If the Assured didn’t fulfill one or more obligations as defined in this Article and provided that there is a causal link between this shortcoming and a loss, this may cause to a noncoverage of a claim.
ARTICLE 6: SPECIFIC OBLIGATIONS OF THE ASSURED AFTER A CLAIM
1) The Assured must in case of damage reduce its extent as much as possible.
2) The Assured must as soon as possible, preferably within a period of 5 days, after a theft or damage to his insured bicycle:
– Report the theft or damage to Cyclis: email@example.com or 011 73 01 15.
– Inform the local police of the theft and provide the police report to firstname.lastname@example.org.
– Inform immediately email@example.com if a stolen bicycle is recovered.
– Send immediately all received documents related to the claim to Cyclis. If the Assured didn’t fulfill one or more obligations as defined in this Article, the Insurance Company can reduce his claim compensation amounting to his incurred prejudice.
ARTICLE 7: BEGINNING, DURATION AND ENDING OF THE INSURANCE
The insurance starts on the insurance policy mentioned date. The duration of the contract is defined in the same insurance policy. Each policy can be renewed for a period of 1 year with a maximum duration of 5 years. This renewal must be requested to Equinox C&M before the expiry date of the policy. Both parties can cancel the policy in writing taking into account a term of notice of 30 days:
a) before the annual expiry date
b) in accordance with the provisions of the law on insurances of 4th April 2014
ARTICLE 8: PREMIUM PAYMENT
The insurance premium is a ‘get debt’. The premium payment to Equinox C&M BVBA is liberating because they act as a delegate of the insurer.
ARTICLE 9: GEOGRAPHICAL AREA
The insurance is valid in the European Community, United Kingdom, Norway and Switzerland.
ARTICLE 10: SETTLEMENT OF CLAIMS
1) The Insurer compensates a claim less the policy deductible.
2) If the stolen bicycle is found before the delivery of the new bicycle the Assured is obliged to take it back within 30 days after the established theft.
3) If an reimbursement already took place and the stolen bicycle is recovered, the Assured is obliged to report this to Equinox C&M BVBA and to give the recovered bicycle to the Insurer.
4) The Insurer compensates in kind by delivering a new similar and/or equivalent bicycle for no more than the insured value. The delivery is carried out by a bicycle dealer member of the Team Cyclis network.
5) If there is material damage, the repair costs and the replacement of accessories will be compensated no more than the insured value less the policy deductible. There is a total loss when the repairs costs are exceeding the insured value of the bicycle. This repair will be carried out by a bicycle dealer member of the Team Cyclis network.
6) Subrogation: after a claim compensation the Insurer is subrogated to the beneficiary’s rights and receivables but not exceeding the amount of the compensation. The Assured provides, with the insurance policy, the Insurers the right to take all precautionary measures against the liable party.
7) Survey: as far as a claim can’t be mutually agreed, it will be ascertained by an Equinox C&M BVBA, on behalf of the Insurer, appointed surveyor. The damaged pieces must be kept available until a mutual agreement is reached.
ARTICLE 11: JURISDICTION
Each dispute concerning this insurance will be submitted to a competent court near the residence of the Assured.
Law of 8 December 1992 – privacy protection. The personal information mentioned in this document will be collected in databases for the purpose to manage the contract.
The Belgian legislation, in particular the Law concerning insurances of 4th April 2014 applies to this contract. The insured has the right to send every complaint concerning the contract to:
• Polygon-cs, Corporate & Specialty c/o ERGO Versicherung AG (Gateway House, Brusselstraat 59, unit 3/B2, 2018 Antwerpen, Tel: +32 3 345 90 00, Email: firstname.lastname@example.org)
• hetzij Ombudsman van de Verzekeringen, de Meeûssquare 35, B-1000 Brussel (Tel: + 32 2 547 58 71, Fax: + 32 2 547 59 75).
ARTICLE 12: THE INSURANCE COMPANY ERGO
Versicherung AG (Victoriaplatz 2, 40477 Dusseldorf, Germany) 100% Company according German law with a capitalization of € 78,673,606, registered under German Trade Register Düsseldorf, number HRB 36466, represented by its subsidiary: ERGO Versicherung AG, Branch Office France, 21 Boulevard Haussmann, 75009 Paris registered under the Commercial Register of Paris, number 819 062 548