Common use of Limitations Clause in Contracts

Limitations. 5.1 - If the Insured Party is enrolled on the same trip with two or more persons, not family members, or with a pre-established group or with other family units, in the event of cancellation, the guarantee is understood to apply not only to the Insured Party directly involved in the event, but also to his family members or "one" of his travel companions; 5.2 - If the insured capital is lower than the price of the trip (so-called under-insured trip or partial insurance), in the event of an indemnifiable claim, the Company, pursuant to art. 1907 of the Italian Civil Code, will pay a proportionally reduced amount, with subsequent deduction of the overdraft. 5.3 - The indemnity due to the Insured is equal to the withdrawal fee calculated on the date on which the event occurred, or the occurrence of the circumstances that led to the inability to undertake the trip (art. 1914 of the Italian Civil Code). Any higher withdrawal fee charged to the Insured as a result of a delay in communicating the cancellation of the trip to the Organizer or supplier of the booked service will remain the responsibility of the Insured. 5.4 - The policy is valid for only one request for reimbursement, upon the occurrence of which it lapses. In the event of cancellation of the trip by only one part of the Insured, all the policy guarantees remain operative for the remaining Insured. 5.5 - In the event of cancellation of the trip due to illness or accident, the company's fiduciary doctors are entitled to carry out a medical check-up. The Insured must allow the Company to carry out the investigations and assessments necessary for the settlement of the claim and produce to the same all the documentation relative to the specific case, freeing the Doctors who have visited or taken care of him from professional secrecy for this purpose. Failure to fulfil these obligations may result in the partial or total loss of the right to compensation. In the event that the Company's medical trustee verifies that the condition of the person whose medical condition is at the origin of the waiver is not such as to prevent the Insured from participating in the trip, or the Insured does not allow the Company to verify the health condition of such person, the Company reserves the right to refuse reimbursement or apply a further overdraft of 30% to be calculated on the indemnifiable amount.