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General Contract Conditions

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SECURICARD TERMS AND CONDITIONS

 

1. The undersigned Holder (“the Customer”) hereby orders from SECURICARD SA (“SECURICARD”) the services listed in the brochure against payment of an annual fee charged in advance. The annual fee is charged automatically to a credit card chosen by the Customer. SECURICARD reserves the right to amend the annual fee upon a 60-day notice. Either party may terminate this Agreement in writing upon a 30-day notice. If terminated by SECURICARD, the Customer will receive a prorated refund of the current annual premium. The Agreement shall be renewed automatically for another year, from time to time, unless explicitly terminated in accordance with the above. Upon receipt of all required documentation, SECURICARD will refund all blocking and replacement charges for the cards duly registered with and blocked by SECURICARD up to CHF 175 per incident.

 

2. When notified by telephone of the loss or theft of one or more cards registered in the name of the Customer and issued by institutions based in Switzerland, SECURICARD shall promptly notify the issuers of such cards. The Customer shall be solely responsible for compliance with any other conditions set forth by the issuers of the cards in connection with a loss or theft. In the event of theft or loss of the identity card, driver’s license, passport and/or SBB general abonnement travelcard, SECURICARD cannot order blocking but can transmit to the Customer the numbers of said documents so that a police report may be made and new documents issued.

 

3. The Customer certifies that all information disclosed to SECURICARD is true, and shall notify SECURICARD immediately of any discrepancies found or changes to the cards (card number, expiration date, issuer, etc.) or to the Customer’s personal data. In addition, the Customer authorizes SECURICARD to transmit his/her personal data to a third-party companies (“Partners”) to update such data, provided adequate protection of such data is guaranteed.

 

4. For reasons of security, SECURICARD reserves the right to record all calls made by the Customer, to save them on data supports and to store them for one year.

 

5. The Customer acknowledges that the loss or theft of one or several cards reported to SECURICARD may cause said cards to be cancelled by the respective card issuer. SECURICARD shall not be held liable for any direct or indirect damages or losses resulting from the cancellation of such cards, from the failure to cancel or from the decision by the card issuer not to cancel such cards. The Customer recognizes and accepts that SECURICARD is not able to revoke any such blocking.

 

6. When a card is lost or stolen, SECURICARD is not obliged to undertake refunds or pay compensation (except as shown in Article 1).

 

7. SECURICARD shall promptly return to the Customer any keys regained and attached to the SECURICARD keychain that are sent to SECURICARD based on an agreement concluded with Swiss Post. SECURICARD shall not be liable for such transportation or any delay in delivery on the part of Swiss Post to SECURICARD or to the Customer. This service does not entail any extra charge to the Customer.

 

8. SECURICARD may order partner companies in Switzerland to deliver services in the performance of this order or any additional other services. Confirmation of card blocking service, associated certificates and all other written correspondence are printed, packed and made available for shipping by partner companies based in Switzerland. The Customer therefore authorizes SECURICARD to transmit to such partner companies any data listed on the registration form provided they are required for the performance of the mandate. SECURICARD shall handle all personal information it received as strictly confidential and shall ensure that such partner companies also treat same as strictly confidential.

 

9. SECURICARD reserves the right to amend these General Terms and Conditions at any time. Any such changes shall be notified to the Customer by circular letter or in another appropriate form. They shall be deemed accepted unless contested by the Customer within one month.

 

10. This Agreement is governed by Swiss law. The place of performance and the exclusive place of jurisdiction for all disputes shall be Lugano (Ticino). However, SECURICARD also reserves the right to take legal action against the Customer in the competent court of his/her place of residence or in any other competent court. SECURICARD is registered with the Federal Data Protection Commissioner.

 

11. SECURICARD or any third party designated by SECURICARD may store, process and use Customer data, specifically for marketing purposes and market research, and for creating customer profiles therewith. As a result, Customers receive customized support as well as offers and information about SECURICARD products and services tailored to their needs.

 

CUSTOMER INFORMATION FOR SECURICARD PLUS

 

Content

 

The following customer information provides information about the identity of the Insurer and the essential content of the Contract of Insurance (Art. 3 of the Federal Insurance Contract Act, ICA). The insurance Contract is a group insurance policy concluded between the Insurer and SECURICARD (Policyholder) in favor of its customers (Insured Person).

 

Information about the Insurer

 

The Insurer is AIG Europe Limited, London, Opfikon Branch Office, Sägereistrasse 29, 8152 Glattbrugg (hereinafter AIG Europe), a branch of AIG Europe Limited, London, with principal offices in London, England.

 

Insured risks and scope of insurance coverage

 

The insured risks as well as the scope of insurance coverage are shown in the SECURICARD plus Order Form, proposal and General Terms of Insurance.

 

Start of insurance coverage

 

Coverage commences on the date listed on the Certificate.

 

End of Contract

 

Insurance benefits end when the group insurance concluded between SECURICARD and AIG Europe expires or is otherwise terminated. The Insured Person may terminate the insurance by notice:

 

- No later than 30 days prior to the date of expiration of the Contract or, if agreed, no later than 30 days before the end of the insurance year. Termination shall be deemed timely when received by SECURICARD no later than the last day before the start of the 30-day notice. Unless terminated, the Agreement will be tacitly renewed for another year;

 

- Following any insurance case, for which payment is to be made, no later than 14 days following notice of payment by AIG Europe;

 

- Upon premium modification by AIG Europe. In this case termination must be received by AIG Europe no later than the last day of the insurance year;

 

- In the event AIG Europe has failed to comply with the obligation to inform pursuant to Art. 3 ICA. The right to terminate expires 4 weeks after policyholder has received notice of such violation but no later than one year following such violation.

 

AIG Europe may terminate the Contract by notice:

 

- Following each insurance case for which payment is to be made, provided such termination occurs no later than the date of payment;

 

- When significant material facts were concealed or misrepresented (breach of duty to notify).

 

AIG Europe may terminate the Contract through withdrawal:

 

The conditions for withdrawal are set forth in the General Terms of Insurance as well as VVG.

 

Processing and storing personal data

 

AIG Europe processes personal data shown in contractual documents or disclosed in the performance process. It uses such data in particular to determine premiums, to assess risks, to process insurance cases and for marketing and statistical purposes. Such data are stored physically or electronically. To the extent required and for the purpose of performing the Contract, AIG Europe may forward such data to third parties at home and abroad, in particular co- and re-insurers, as well as to domestic and foreign subsidiaries of the AIG Europe Group. The transfer abroad of personal data is permitted only if encrypted. If financial or document crime is suspected, or if AIG Europe withdraws from the Contract based on a fraudulent insurance claim (Art. 40 ICA), a report may be made to the Swiss Insurance Association (SIA) for registration in the Central Information System (ZIS). In addition and irrespective of Contract conclusion, AIG Europe may obtain relevant information from the authorities or other third parties in particular with regard to the claim process. The Insured Person is entitled to obtain from AIG Europe the information as provided by law in connection with the processing of information concerning him/her. The consent to process data may be revoked at any time.

 

For further information:

 

AIG Europe Limited, London, Opfikon Branch Office, Sägereistrasse 29, P.O. Box, 8152 Glattbrugg

 

Phone +41 43 333 37 00, Fax +41 43 333 37 99, aig.com General offices for Switzerland

 

A Member Company of American International Group, Inc.

 

SECURICARD PLUS GENERAL TERMS AND CONDITIONS

 

PART A. GENERAL PROVISIONS

 

1. OBJECT OF THE CONTRACT

 

This Contract comprises an assistance and an insurance part. Assistance services are performed by SECURICARD and are detailed in Part B. Insurance benefits are supplied by AIG Europe Limited, London, Opfikon Branch Office (“AIG Europe”) and are further described in Part C.

 

2. PARTIES TO THE CONTRACT AND CONTACT PARTNER

 

Parties to the Contract are the Customer, SECURICARD and AIG Europe.

 

SECURICARD and AIG Europe (“the Companies”) shall be liable for their part only, at the exclusion of liability held severally.

 

However, it is understood that, for the purpose of simplification, SECURICARD acts as a common representative (within the meaning of a mere authorized agent) of both companies when dealing with the Beneficiaries of the cover.

 

3. CONTRACTUAL BASES

 

Underlying this Contract are the brochure, Order Form, these General Terms and Conditions as well as all other written statements made by the Beneficiaries of the cover to the Companies.

 

4. DEFINITIONS

 

Customer : A physical person who has submitted a valid Order Form for SECURICARD plus.

 

Beneficiaries of the cover : The Customer and, to the extent duly applied for, his/her spouse or partner as well as family members living in the same household.

 

Third parties : Any person other than the Beneficiaries of the cover.

 

Credit/Customer cards : One or more personal cards issued by a bank/financial institution or retailer/service provider with which payments may be made and/or cash withdrawn from ATMs.

 

Keys : Private home and car keys of a Beneficiary of the cover.

 

Personal documents : Official documents of a Beneficiary of the cover such as passport, ID card, driver’s license and vehicle registration certificate.

 

Wallet/Purse : Wallet or purse carried by the Beneficiary of the cover at the time of the theft or hold-up.

 

Contents of purse : Contents of purse when lost due to theft or hold-up but subject to exclusions referred to under 16.2.

 

Aggression : Any physical violence or threat of physical violence perpetrated with intent to harm and causing material damage, bodily harm and/or psychological trauma.

 

Hold-up : Any misappropriation of property of a Beneficiary of the cover by third persons during which physical violence is used or threatened.

 

Theft : Any misappropriation of property of a Beneficiary of the cover by third persons during which no physical violence is used or threatened.

 

5. WORLDWIDE COVERAGE

 

The Contract applies to events occurring anywhere in the world.

 

6. START AND DURATION OF THE CONTRACT

 

The Contract takes effect on the date a valid Order Form is duly signed by the Customer. The Contract is concluded for 1 year and is tacitly renewed from time to time for another year unless duly terminated.

 

7. TERMINATION OF THE AGREEMENT

 

7.1 Ordinary termination by the Insured Person

 

The insured person may terminate the Contract at any time in whole, or its insurance part only, when giving 30-day written notice. If the insurance part only is terminated, the General Terms and Conditions for the SECURICARD product will replace these conditions for SECURICARD plus.

 

7.2 Ordinary termination by a Company

 

SECURICARD may terminate the Contract in whole, or its insurance part only, upon giving written 30-day notice as of the end of a contract year.

 

8. FEES AND PREMIUMS

 

Annual fees and premiums including statutory charges are payable in advance. They are charged automatically to a credit card selected by the Customer.

 

9. INCREASE IN FEES/PREMIUMS AND AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

 

By the next annual due date of the Agreement, SECURICARD or AIG Europe are entitled to increase the fees or premiums or to amend the General Terms and Conditions. Any such change must be notified in writing to the Customer no later than 3 months prior to the end of the contract year. The Customer is entitled to terminate the Contract within one month following notification of such change. In such an event, termination takes effect as of the end of the contract year.

 

10. BREACH OF OBLIGATIONS AND DUTIES

 

In the event of a culpable violation by the Insured Person of a duty or obligation arising from this Agreement, the Company shall perform those services only which it would have owed on the basis of contractual compliance with such duty or obligation. Such prejudice shall not apply when the violation, under the circumstances, is to be deemed through no fault.

 

11. COMMUNICATIONS

 

All communications directed at the Companies must be sent to SECURICARD, P.O. Box, 6901 Lugano. Communications from the Companies will be duly addressed to the last address in Switzerland delivered by the Customer.

 

12. DATA PROTECTION

 

The Companies are entitled to obtain and process the data they deem necessary to perform the Contract and administer the claim process. They are also authorized to acquire relevant information and consult records held by third parties. Data (in encrypted format only) may also be forwarded abroad in the performance of the Contract or claim process. The Companies shall handle such data as strictly confidential and in compliance with the provisions of the Swiss legislation on data protection. The Beneficiary of the cover is entitled to review and, if applicable, cause the data contained in the Company’s database to be rectified or deleted.

 

13. APPLICABLE LAW

 

The conclusion and performance of this Contract are governed by Swiss law. Specifically, of particular relevance is the Federal Insurance Contract Act (ICA) applicable to the Contract’s insurance part.

 

14. PLACE OF JURISDICTION

 

Lausanne shall be the place of jurisdiction for legal action filed by the Insured Person against SECURICARD; Zurich for legal action against AIG Europe. Alternatively, the Insured Person may take legal action at the competent court of his/her place of residence in Switzerland.

 

PART B. ASSISTANCE SERVICES

 

SECURICARD shall perform the services described in the brochure pursuant to the following provisions:

 

When notified by telephone of the loss or theft of one or more cards duly registered with it, SECURICARD shall promptly notify the issuer of such cards. From the moment the call of the Beneficiary of the cover is received by SECURICARD, SECURICARD shall be liable for the unauthorized use of any such card(s). It will be released from said liability upon notification to the card issuer. The Customer shall be solely responsible for compliance with any other conditions set forth by the card issuer in connection with a loss or theft.

 

The Customer certifies that all information disclosed to SECURICARD is true, and shall notify SECURICARD of any changes to the cards (card number, expiration date, issuer, etc.) or to the Customer’s personal data.

 

For reasons of security, SECURICARD reserves the right to record all calls, to save them on data supports and to store them for one year.

 

The Customer acknowledges that the loss or theft of one or more cards reported to SECURICARD may cause said cards to be cancelled by the respective card issuer. SECURICARD shall not be held liable for any direct or indirect damages or losses resulting from the cancellation of such a card, from the failure to cancel or from the decision by the card issuer not to cancel such a card.

 

SECURICARD shall refund to the Customer the blocking and replacement fees up to CHF 175 per event. However, SECURICARD is not obliged to undertake further refunds or pay compensation in the event of the loss or theft of a card.

 

Pursuant to an agreement concluded with Swiss Post, SECURICARD shall promptly return to the Beneficiary of the cover any bunch of keys found attached to the SECURICARD keychain. SECURICARD shall not be liable for such transportation or any delay in delivery on the part of Swiss Post to SECURICARD or the Beneficiary of the cover. This service does not entail any extra charge to the Customer.

 

SECURICARD may order partner companies in Switzerland to deliver services in the performance of said services. The Customer therefore authorizes SECURICARD to transmit to its partner companies any data listed on the Order Form provided they are required for the performance of the Contract. SECURICARD shall handle all personal information it received as strictly confidential and shall ensure that partner companies also treat same as strictly confidential.

 

PART C: INSURANCE BENEFITS

 

In the event of hold-up, theft or loss of insured items of a Beneficiary of the cover, AIG Europe shall pay directly to the Beneficiary of the cover the expenses related thereto pursuant to the following provisions:

 

15. INCIDENTS AND INSURANCE BENEFITS

 

The Beneficiary of the cover shall exercise due care when handling their personal documents and shall not disclose to anyone the PIN of the cards they use to make payments or withdraw cash.

 

SECURICARD plus insurance benefits are as follows:

 

15.1 Abuse of credit/customer cards

 

Incident :

 

Misappropriation through hold-up or theft, or loss of personal credit/customer cards and the resulting unauthorized use by third parties.

 

Benefit :

 

In the event of a claim AIG Europe shall refund the substantiated deductible of a Beneficiary of the cover charged by the card company, provided the unauthorized use causing the loss occurred between the time of the hold-up, theft or loss and the time the lost or stolen cards were blocked.

 

Limit of refund:

 

CHF 1,000 per card and incident. The maximum benefit is CHF 5,000 per year.

 

15.2 Theft of withdrawn cash

 

Incident :

 

The misappropriation of cash as a result of hold-up when using an ATM or within 48 (forty-eight) hours immediately following withdrawal or forceful withdrawal by the insured person through an act of aggression.

 

Benefit :

 

AIG Europe directly refunds the insured person’s misappropriated cash amount as substantiated in the claim.

 

Limit of refund:

 

CHF 1,000 per incident and per year for ATM withdrawals in Switzerland.

 

CHF 2,000 per incident and per year for ATM withdrawals outside Switzerland.

 

15.3 Keys

 

Incident :

 

Misappropriation through hold-up or theft, or loss of private keys.

 

Benefit :

 

AIG Europe refunds the substantiated expenses directly incurred as a result of the incident for the replacement of keys (private home, office and car keys of an insured person) and/or lock, or expenses related to the opening of a lock by a service provider chosen by the Insurer or insured person.

 

Limit of refund:

 

CHF 500 per incident and per year.

 

15.4 Personal documents

 

Incident :

 

Misappropriation through hold-up or theft, or loss of personal documents.

 

Benefit :

 

AIG Europe refunds the substantiated expenses directly incurred as a result of the incident for the replacement of documents of a Beneficiary of the cover.

 

Limit of refund:

 

CHF 700 per incident and per year (CHF 175 are borne by SECURICARD).

 

15.5 Wallet/purse and contents

 

Incident :

 

Misappropriation of or damage to the purse/wallet of a Beneficiary of the cover as a result of hold-up of the insured person.

 

Benefit :

 

AIG Europe refunds the substantiated expenses directly incurred as a result of the event for the replacement or repair of the wallet/purse and its insured contents (please note exclusions under 16.2).

 

Limit of refund:

 

CHF 500 per incident and per year for the wallet/purse. Plus CHF 500 per incident and per year for the insured contents.

 

15.6 Theft and fraudulent use of mobile telephone

 

Incident :

 

Theft of mobile telephone by hold-up and subsequent unauthorized use.

 

Benefit :

 

AIG Europe refunds the substantiated unauthorized calls made by third parties following the hold-up until the order to block the SIM card has been placed but no longer than 48 (forty-eight) hours following the hold-up.

 

Limit of refund:

 

CHF 2,000 per incident and per year.

 

16. EXCLUSIONS

 

16.1 AIG Europe will not honor any claims

 

- If the loss was caused deliberately by the Beneficiary of the cover;

 

- If it involved jewelry or valuables that the Beneficiary of the cover had with him at the time of the theft.

 

- For the effects of actions suffered by the Beneficiary of the cover in the course of civil war or event of war.

 

- For losses due to the failure of the Beneficiary of the cover to comply with the obligations arising from the Contract concluded between him/her and the bank/financial institution or the retailer/service provider which issued the credit/customer card.

 

16.2 The following contents of a handbag/wallet is not insured:

 

Jewelry, mobile telephone, food items, transport tickets, cash, travelers cheques or similar effects to cash.

 

17. OBLIGATIONS IN THE EVENT OF ACCIDENT

 

Any hold-up or theft must be reported immediately to the police. Any loss is to be notified to SECURICARD no later than 7 (seven) days or at least as soon as possible following its occurrence. In order for the claim to be duly filed, the Beneficiary of the cover is to produce the following evidence to AIG Europe. In addition, AIG Europe has the right to require further documentation.

 

17.1 Unauthorized use of credit/customer cards

 

· A copy of the police report in the event of hold-up or theft.

 

· Copy of card issuer statement showing the deductible charged by the card issuer to the Beneficiary of the cover.

 

· Copy of letter from the bank/financial institution or retailer/service provider in which it confirms that the card has been blocked.

 

17.2 Theft of withdrawn cash

 

· Copy of police report.

· Copy of account statement or withdrawal slip with date of debit and time of transaction.

 

17.3 Keys

 

· Copy of police report in the event of hold-up or theft.

 

· If lost, copy of report to lost property office.

 

· Copy of locksmith bill for replacement of keys and lock, or of locksmith for opening the lock.

 

17.4 Personal documents

 

· Copy of police report in the event of hold-up or theft.

· If lost, copy of report to lost property office.

· Copy (front and back) of replaced personal documents as well as copies of related bills.

 

17.5 Wallet/handbag and contents

 

· Copy of police report.

· Original purchase receipt for the stolen or damaged wallet/handbag and its stolen contents.

 

Until the claim has been settled, the insured person shall keep the damaged leather goods at the disposal of AIG Europe for the purpose of its appraisal or realisation.

 

17.6 Theft and fraudulent use of mobile telephone

 

· Copy of police report.

· Copy of statement showing the amount of all unauthorized calls made by unauthorized third party.

· Copy of report showing confirmation that SIM card was blocked.

 

 

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