Trip Delay Protection
These Terms of Service are effective January 1, 2009.
Virginia Surety Company, Inc.
175 W. Jackson Blvd, Chicago, IL 60604
Reservation Rewards
Trip Delay
Evidence of Coverage
Coverage under this EOC and the attached General Provisions are provided under a Group Policy issued by Virginia Surety
Company, Inc. This EOC and the attached General Provisions are governed by the conditions, limitations, and exclusions
of the Group Policy.
Throughout this document, "You" and "Your" refer to the person who is a member in good standing
in Reservation Rewards as defined by the terms and conditions for Reservation Rewards. Membership must not have expired or
been canceled by You or Reservation Rewards. "We", "Us", and "VSC" refer to Virginia
Surety Company, Inc. In addition, when in bold certain words and phrases are defined as follows:
Administrator means cynoSure Financial, Inc. You may contact the
Administrator if You have questions regarding this
coverage or would like to make a claim. The
Administrator can be reached by email at
customerservice@reservationrewards.com.
Common Carrier means an air, land, or water motorized transportation carrier operating under a regularly published
schedule and current license as required by law for the conveyance of passengers.
Common Carrier does not include
helicopters, taxis, rental cars, hired cars, and private and contract carriers.
Coverage Period means the period starting on the
Membership Effective Date. Coverage will continue monthly.
Coverage will continue concurrently with You being a member in good standing. (Good standing is defined by the
terms and conditions for Reservation Rewards.) Coverage will stop on the date You or Reservation Rewards cancel Your membership
in Reservation Rewards.
Delay means an incident that prevents You from leaving on a scheduled departure by the
Common Carrier due to:
a)
Inclement Weather; b) Equipment failure of a
Common Carrier (documented by the
Common Carrier); or c) Lost or
stolen passport or travel documents.
Delays due to: war, acts of foreign enemies, hostilities between nations
(whether declared or not), civil war, or any other reason not listed above as covered, are not covered.
Destination means the place where You expect to travel on a
Trip as indicated on the
Common Carrier ticket.
Economy Ticket means the lowest published rate for the most direct one-way ticket on a
Common Carrier used for the
Trip.
Evidence of Coverage (EOC) means this document and the attached General Provisions. They describe the terms, conditions,
and exclusions. This
EOC and the attached General Provisions are the entire agreement between You and Us. Representations
or promises made by anyone that are not contained in this
EOC or the attached General Provisions are not a part of Your coverage.
Inclement Weather means any severe weather condition which delays the scheduled arrival or departure of a
Common Carrier.
Membership Effective Date means the date You enroll as a member in Reservation Rewards.
Principal Residence means a home (single-family or a multiple-family dwelling) that You own (either alone or jointly) or rent and is normally inhabited by You.
Return Destination means the place to which You expect to return from a
Trip as indicated on the
Common Carrier ticket.
Travel Expenses means the actual charge for any overnight hotel stay and meal costs. In addition, if Your
passport or travel documents are lost or stolen, then
Travel Expenses will also include an
Economy Ticket to Your
Return Destination.
Trip means a scheduled period of travel with a
Destination and
Return Destination away from Your
Principal Residence using a
Common Carrier.
If during the Coverage Period, You are traveling by Common Carrier while on a Trip and are Delayed more than twelve
(12) hours while traveling to a Destination or Return Destination, We will reimburse You for Travel Expenses as a
result of the Delay. There is no coverage, if the Common Carrier cancels within twelve (12) hours of the scheduled
departure time on the Common Carrier ticket for the Trip.
Coverage is limited to the following:
- $500 per any twelve (12) month period.
You can
initiate a claim on this site. You must report the
claim within ninety (90) days of the
Delay.
The following required items, must be sent to the
Administrator at
P.O. Box 7690, St. Clair Shores, MI 48080 and be postmarked within one-hundred and eighty (180) days of the
Delay.
- The fully completed claim form.
- Proof of the Delay (including but not limited to, written proof from the Common Carrier, newspaper clippings, weather reports, or police report for stolen passport).
- Receipts for Travel Expenses as defined.
- Any other documentation that may be reasonably requested by the Administrator to validate a claim.
The General Provisions apply to the following benefit: Trip Delay.
Reservation Rewards benefits are subject to the terms and conditions outlined and include
certain restrictions, limitations, and exclusions. In the event of any conflict between the
EOC and the Group Policy,
the Group Policy will govern. The Group Policy is on file at the offices of the
Administrator. The
EOC shall be
interpreted and enforced according to the laws of the state of Delaware.
Cancellation and Non-Renewal:
- Coverage can be cancelled by Us or Our designated representative for the following reasons:
- Non payment of premium;
- Misrepresentation and Fraud (see below);
- The Department of Insurance determines that the EOC would result in a violation of their law.
If we cancel coverage, the Participating Organization will send You written notification at least ten (10) days in advance of cancellation for non-payment of premium and at least sixty (60) days in advance of cancellation for any other reason.
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Coverage can be cancelled by the Policyholder or Participating Organization at any time. If this happens, the Policyholder or Participating Organization will send You written notification at least sixty (60) days in advance of the expiration of this coverage. Such notices need not be given if substantially similar replacement coverage takes effect without interruption and is provided by VSC. Coverage will continue to be in force for the period for which premium has already been paid to VSC.
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Coverage can be non-renewed by Us. The Policyholder or Participating Organization will send You written notification at least thirty (30) days in advance of the expiration of coverage.
Claims: Benefits payable under the
EOC for any loss will be paid upon receipt of due proof of loss and all required information
necessary to support the claim.
All benefits will be payable to You or, in the case of death, to Your estate. No person or entity other than You shall have any
legal or equitable right, remedy or claim of insurance proceeds or damages under or arising out of this coverage.
Dispute Resolution - Arbitration: The
EOC requires binding arbitration if there is an unresolved dispute between You and
VSC concerning the
EOC. Under this Arbitration provision, You give up your right to resolve any dispute arising from the
EOC
by a judge and/or a jury. You also agree not to participate as a class representative or class member in any class action
litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three (3)
arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our positions.
The decision of a majority of the arbitrators will determine the outcome of the arbitration and the decision of the arbitrators
shall be final and binding and cannot be reviewed or changed by, or appealed to, a court of law.
To start arbitration, either You or VSC must make a written demand to the other party for arbitration. This demand must be made
within one (1) year of the earlier of the date the loss occurred or the dispute arose. You and VSC will each separately select
an arbitrator. The two arbitrators will select a third arbitrator called an "umpire." Each party will each pay the expense of
the arbitrator selected by that party. The expense of the umpire will be shared equally by You and VSC. Unless otherwise
agreed to by You and VSC, the arbitration will take place in the county and state in which You live. The arbitration shall
be governed by the Federal Arbitration Act (9 U.S.C.A. § 1 et. seq.) and not by any state law concerning arbitration. The
rules of the American Arbitration Association (www.adr.org) will apply to any arbitration under the
EOC. The laws of the
state of Delaware (without giving effect to its conflict of law principles) govern all matters arising out of or relating
to the
EOC and all transactions contemplated by the
EOC, including, without limitation, the validity, interpretation,
construction, performance and enforcement of the
EOC.
Legal Actions: No action at law or in equity shall be brought to recover under the
EOC prior to the expiration of sixty (60)
days after proof of loss has been furnished in accordance with the requirements of this coverage.
Misrepresentation and Fraud: Coverage for You may be cancelled if, whether before or after a loss, You have concealed or misrepresented any material fact or circumstance concerning this coverage or the subject thereof, or the interest of You therein. Coverage may also be cancelled if You commit fraud or false swearing in connection with any of the above.
Other Insurance: Coverage is secondary to any other applicable insurance or indemnity available to You. Coverage is limited to only those amounts not covered by any other insurance or indemnity. In no event will this coverage apply as contributing insurance. This Other Insurance clause will take precedence over a similar clause found in other insurance or indemnity language.
Subrogation: If payment is made under the
EOC, We are entitled to recover such amounts from other parties or persons. You must transfer to Us Your rights to recovery against any other party or person. You must also do everything necessary to secure these rights and must do nothing that would jeopardize them, or these rights will be recovered from You.
For Montana Residents:
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The following statement has been added: The provisions of the EOC conform to the minimum requirements of the Montana law and control over any conflicting statutes of any state in which You reside in, on or after the effective date of this coverage.
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The first paragraph of "Dispute Resolution - Arbitration" is replaced with the following: The EOC requires You
and VSC to first use binding arbitration if there is an unresolved dispute between You and VSC concerning the cost of, lack
of, or actual repair or replacement arising from a loss. Under this Arbitration provision, You give up your right to initially
resolve any dispute arising from a loss by a judge and/or a jury. You also agree to first employ arbitration in resolving
the dispute between You and VSC prior to Your participating as a class representative or class member in any class action
litigation, any class arbitration or any consolidation of individual arbitrations. In arbitration, a group of three (3)
arbitrators (each of whom is an independent, neutral third party) will give a decision after hearing Your and Our
positions. The decision of a majority of the arbitrators will determine the outcome of the arbitration.
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