Event cancellation insurance for events. Arranged through POLICY WORDING

Full text

(1)

POLICY WORDING

Event cancellation

insurance for events

(2)

1

• preventing and detecting fraud;

• providing risk management advice; and

• administering claims.

We may pass the information to members of the Travelers group, our reinsurers, professional advisers, loss adjusters or agents for these and other lawful purposes or as required by law, including providing the information to government or regulatory authorities. This may involve its transfer to countries which do not have data protection laws equivalent to those in the United Kingdom in which case we shall ensure that the information is appropriately protected. We may also share the information with, and obtain information about you and/or your employees or agents from, credit reference agencies and/or fraud prevention agencies.

For further information on how the information is used, how we maintain security of the information, and your rights to access information we hold on you and/or your employees and/or agents, please contact the Company Secretary at

Travelers Insurance Company Ltd, Exchequer Court,

33 St Mary Axe, London EC3A 8AG

or see our Privacy Policy at travelers.co.uk.

Motor Insurance Database

If your policy includes motor cover, information relating to your insurance policy will be added to the Motor Insurance Database ("MID") managed by the Motor Insurers’ Bureau ("MIB"). MID and the data stored on it may be used by certain statutory and/or authorised bodies including the Police, the DVLA, the DVLANI, the Insurance Fraud Bureau and other bodies permitted by law for purposes not limited to but including :

I. Electronic Licensing

II. Continuous Insurance Enforcement;

III. Law enforcement (prevention, detection, apprehension and or prosecution of offenders)

IV. The provision of government services and or other services aimed at reducing the level and incidence of uninsured driving.

If you are involved in a road traffic accident (either in the UK, the EEA or certain other territories), insurers and or the MIB may search the MID to obtain relevant information.

Persons (including his or her appointed representatives) pursuing a claim in respect of a road traffic accident (including citizens of other countries) may also obtain relevant

information which is held on the MID.

Important Notice

Please read this policy carefully to ensure that it is in

accordance with your requirements and that you understand its terms exclusions and conditions Contact us immediately if any corrections are necessary

Any enquiries you may have regarding your policy may be addressed either to the insurance broker who arranged the policy for you or directly to us

Claims Procedure

If you wish to make a claim please contact the insurance broker who arranged the insurance or contact us on 01737 787787 or at the address below quoting your policy number Please also refer to our on-line guidance on how to make a claim which can be found at travelers.co.uk

Complaints Procedure

If you wish to make a complaint please note the following:

Our Promise To You

• We will acknowledge complaints promptly.

• We will investigate quickly and thoroughly.

• We will keep you informed of progress.

• We will do everything to resolve your complaint fairly.

• We will learn from our mistakes and use your feedback to

continually improve our service.

What To Do If You Have A Complaint

If you have a complaint please contact us on 01737 787787, email us at CustomerRelations@travelers.com or write to us at the address below quoting your policy number or claim reference if appropriate

Travelers Insurance Company Limited 61 – 63 London Road

Redhill

Surrey RH1 1NA

If your complaint cannot be resolved to your satisfaction and you are an eligible complainant (private individual or small business), you may refer the matter to the Financial Ombudsman Service (FOS) at the following address:

Financial Ombudsman Service South Quay Plaza

183 Marsh Wall London E14 9SR

Email: complaint.info@financial-ombudsman.org.uk

Using Personal Information

Personal information which you have supplied and may continue to supply to us may be used in a number of ways, for example:

• when considering an application; • in conducting our relationship with you;

• underwriting insurance coverage; • managing any policy issued;

(3)

Contents

Page

THE CONTRACT OF INSURANCE 4 GENERAL (TERMS AND CONDITIONS) 4

General Definitions 4

General Conditions 5

General Exclusions 8

EVENT CANCELLATION INSURANCE 11

Definitions 11

Cover 11

Limit of Liability 11

Special Provision - Term of Coverage 11

Loss Basis of Settlement 11

Conditions 11

(4)

3

The contract of

insurance

The Named Insured having made to the Company a Proposal and declaration which shall be the basis of this contract and having paid or agreed to pay the premium to the Company the Company will provide the insurance indicated in the Policy during the Period of Insurance stated in the Schedule or during any subsequent Period of Insurance for which the Company may accept payment subject to the terms conditions and exclusions contained herein or endorsed hereon

The Policy and the Proposal shall be read as one contract and unless otherwise stated any word or expression to which a particular meaning has been given in the definitions in this Policy shall bear the same meaning wherever it appears in the Policy and unless the context requires otherwise

(a) the singular includes the plural and vice versa

(b) the male gender includes the female and neutral genders

(5)

12. Named Insured

The words ‘Named Insured’ shall mean the organisation registered in the European Union named in the Schedule

13. Period of Insurance

The words ‘Period of Insurance’ shall mean the period stated in the Schedule

14. Policy

The word ‘Policy’ shall mean this policy document

comprising its general definitions conditions and exclusions and the insurance described herein and the Schedule and any endorsement applicable thereto

15. Postponement

The word ‘Postponement’ shall mean the unavoidable deferment of the Insured Event to an alternative time

16. Proposal

The word ‘Proposal’ shall mean all information provided and all statements or declarations made to the Company by or on behalf of the Named Insured

17. Relocation

The word ‘Relocation’ shall mean the unavoidable removal of the Insured Event from the Venue to another venue

18. Renewal Date

The words ‘ Renewal Date’ shall mean the first day immediately subsequent to the expiry of the Period of Insurance

19. Schedule

The word ‘Schedule’ shall mean the Schedule to the Policy

20. Venue

The word ‘Venue’ shall mean the place stated in the Schedule where the Insured Event is to be held

General (Terms and

Conditions)

General Definitions

1. Abandonment

The word ‘Abandonment’ shall mean the inability to complete the Insured Event

2. Cancellation

The word ‘Cancellation’ shall mean the inability to proceed with the Insured Event prior to its commencement

3. Company

The word ‘Company’ shall mean Travelers Insurance Company Limited

4. Curtailment

The word ‘Curtailment’ shall mean the unavoidable partial closure of the Insured Event

5. Deductible

The word ‘Deductible’ shall mean the amount for which the Named Insured is responsible

For the avoidance of doubt the amount of the Deductible shall form part of the amount of the Limit of Liability

6. Event

The word ‘Event’ shall mean an occurrence or series of occurrences consequent on or attributable to one source or original cause giving rise to indemnity under this Policy

7. Geographical Limits

The words ‘Geographical Limits’ shall mean the geographical locations stated in the Schedule

8. Insured Event

The words ‘Insured Event’ shall mean the event(s) stated in the Schedule

9. Insured Person

The words ‘Insured Person’ shall mean only the individual(s) named in the Schedule

10. Interruption

The word ‘Interruption’ shall mean the inability of the Named Insured to keep open the whole or any part of the Insured Event after its commencement followed by its reopening thereafter

11. Loss

The word ‘Loss’ shall mean as defined under the Loss Basis of Settlement stated within the insurance herein

(6)

5

5. Inspection

The Company shall be permitted but not obligated to inspect the Named Insured's property and operations at any time

Neither the Company's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the Named Insured or others and shall not commit or obligate the Company in any manner whatsoever

6. Claims (Duties owed by the Named Insured)

(a) If circumstances should exist and/or on the happening of any Event which in either case may give rise to a claim under this Policy the Named Insured shall as soon as possible give notice thereof to the Company in writing

(b) Within thirty days (seven days in the case of Damage caused by riot civil commotion strikers locked-out workers persons taking part in labour disturbances or malicious persons if insured by this Policy) of any circumstance or Event aforesaid or such further time as the Company may in writing allow the Named Insured shall give full particulars of the circumstance or event

The Named Insured shall within forty five days provide to the Company copies of all documents records and minutes of meetings necessary to consider the claim fully

The Named Insured shall also give to the Company all such proofs and information with respect to any claim as the Company may require together with (if

demanded) a statutory declaration of the truth of such claim and of any matters relating thereto

(c) The Named Insured shall give the Company all

information and assistance and do and concur in doing whatever the Company may require in connection with any circumstance event or claim

(d) The Named Insured shall bear their own costs and expenses under this Condition save to the extent that specific cover is provided within the Policy

(e) No admission offer promise payment or indemnity shall be made or given by or on behalf of the Named Insured without the written consent of the Company

7. Time Limitation Suit

No suit action or proceeding for the recovery of any claim under this Policy shall be sustainable in any court of law or equity unless the Named Insured has fully complied with all the requirements of this Policy and unless the same be commenced within twelve months next after discovery by the Named Insured of the occurrence which gives rise to the claim provided however that if by the laws of the country within which this Policy is issued such limitation is invalid then any such claims shall be void unless such action suit or proceeding be commenced within the shortest limit of time permitted by the laws of such country

General Conditions

1. Condition Precedent

The due observance of the terms provisions and

amendments of this Policy by the Named Insured insofar as they relate to anything to be done or complied with by the Named Insured and the truth of the statements and answers and information supplied on or in connection with the Proposal shall be a condition precedent to any liability of the Company to make any payment under this Policy

2. Due Diligence

The Named Insured shall use due diligence and do and concur in doing all things reasonably practicable to avoid or diminish any loss or any circumstance likely to give rise to a claim under this Policy

3. Misrepresentation and Fraud

This insurance shall be voidable

(a) if the Named Insured has concealed or misrepresented and/or failed to declare any fact or circumstance material to the insurance or its subject matter or

(b) if the Named Insured or anyone acting on the Named Insured’s behalf has committed fraud attempted fraud or sworn falsely concerning this insurance or its subject matter

whether before or after loss

If the Named Insured notifies any claim knowing it to be false or fraudulent as regard amount or otherwise this Policy shall become void and all claims hereunder shall be forfeited

4. Access to Records and Examination under Oath

The Company or its authorised representatives shall have access to all accounts contracts invoices and records of the Named Insured relating to any Insured Event at all times during the terms of this Policy or while a claim is pending at such reasonable time and place as may be designated by the Company or its representatives

The Named Insured as often as may be reasonably required shall submit and so far as within their power cause all other persons interested in any such Insured Event and their employees to submit to examination under oath by the Company or its representatives

No such examination under oath or examination of books or documents nor any other act of the Company or its representative in connection with the investigation of any claim hereunder shall be deemed to waiver of any defence which the Company might otherwise have with respect to any claim but all such examinations and acts shall be deemed to have been made or done without prejudice to the Company's liability

(7)

11. Other Insurance

In the event of a loss hereunder this Policy shall pro-rate any loss or expense with any other insurance covering the same loss (other than life insurance)

12. Conformity to Statute

Terms of this Policy which are in conflict with the statutes of the state province or country wherein this Policy is issued are hereby amended to conform to such statutes

13. Contracts (Rights of Third Parties) Act 1999

A person firm body corporate or entity who is not the Named Insured has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Policy but this does not affect any right or remedy of a third party which exists or is available apart from that Act

14. Policy Interpretation

The parties to this contract are able to choose the law applicable to this Policy and they agree that the Policy and any dispute concerning its interpretation or application is to be subject to and to be construed in accordance with English law

Each party agrees (subject as provided in General

Condition 9 above) to submit if required to the jurisdiction of any Court of competent jurisdiction within England and to comply with all requirements necessary to give such Court jurisdiction

15. Multiple Named Insureds

If more than one Named Insured is named in this Policy the Named Insured that is stated first in the Schedule shall act for every Named Insured for all purposes of this Policy

Knowledge possessed or discovery made by any Named Insured shall constitute knowledge possessed or discovery made by every Named Insured

16. Increased Hazards

The Insured shall immediately notify the Company of any activities conditions or hazards which may materially increase the Named Insured's exposure to risks otherwise insured by this Policy

17. Cancellation

This Policy may not be cancelled by either the Company or the Named Insured after the commencement of the Period of Insurance

18. Risk Improvements

Any risk improvements deemed necessary by the Company following the Company’s survey or surveys of the risk shall be complied with and implemented within the time specified by the Company

8. Claims (Company's rights)

(a) The Company may investigate handle and control any claim notified to it at its absolute discretion and may settle compromise or make ex-gratia payments in respect thereof and generally conduct any proceedings process or actions related to such claim as it deems appropriate and the costs incurred by the Company in this undertaking shall be subject to any Deductible shown in the Schedule irrespective of whether an indemnity is subsequently provided to the Named Insured in respect of such claim

(b) In respect of any applicable specified amounts detailed in the Schedule as limit(s) of liability or the amount of any other limit stated in the Policy the Company may at any time pay to the Named Insured the amount specified (less any sum already paid and less the amount of any Deductible stated in the applicable Schedule) or any lesser amount for which any claim or claims can be settled and shall then cease to have the conduct and control of the negotiations actions or proceedings and be under no further liability in respect of such claim or claims except for costs and expenses incurred prior to the date of such payment for which the Company is liable hereunder The Company shall not be responsible for any loss which the Named Insured may claim to have sustained by reason of the Company having acted in such a way

9. Arbitration

If any difference shall arise between the Company and the Named Insured as to the amount to be paid under this Policy (liability being otherwise admitted) such difference (provided it does not concern the interpretation of the terms of the Policy) shall be referred to an arbitrator to be appointed by the parties in accordance with the statutory provisions for the time being in force

Where any difference is by this Condition to be referred to arbitration the making of an award shall be a condition precedent to any right of action against the Company

10. Subrogation

If in the event of Loss the Named Insured shall acquire any rights of action against any individual firm or corporation for Loss covered hereunder the Named Insured will if requested by the Company assign and transfer such claim or right of action to the Company or at the Company's option execute and deliver to the Company the customary form of loan receipt upon receiving an advance of funds in respect of such Loss and will subrogate the Company to or will hold in trust for the Company all such rights of action to the extent of the amount paid or advanced and will permit suit to be brought in the Named Insured's name under the direction of and at the expense of the Company

(8)

7

The Company reserves the right to review all the terms and conditions of the Policy following the survey or surveys

19. Legality of Insurance

Any indemnity provided by this Policy in respect of an Event in any territory outside Great Britain Northern Ireland the Isle of Man or the Channel Islands shall only be provided where and to the extent that the Company is legally permitted to do so

(9)

(v) any chemical biological bio-chemical or electromagnetic weapon

4. Breach of Fidelity Exclusion

for Loss in consequence of the Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event directly or indirectly caused by or resulting from any fraudulent dishonest or criminal act(s) committed alone or in collusion with others by

(a) any employee officer director partner trustee or any other authorised representative of the Named Insured whether or not such act(s) be committed during regular business hours or

(b) others to whom the property covered hereunder may be entrusted (carriers for hire excepted)

5. Date Recognition

for Loss in consequence of the Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event directly or indirectly caused by the failure of any computer or other equipment or system for

processing storing or retrieving data whether the property of the Named Insured or not and whether occurring before during or after the year 2000

(i) correctly to recognise any date as its true calendar date

(ii) to capture save retain and/or correctly to manipulate interpret or process any data or information or command or instruction as a result of treating any date otherwise than as its true calendar date

(iii) to capture save retain and or correctly to process any data as a result of the operation of any command which has been programmed into any computer software being a command which causes the loss of data or the inability to capture save retain or correctly to process such data on or after any date

but this shall not exclude Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event in consequence of subsequent physical loss destruction or damage not otherwise excluded which itself results from fire lightning explosion aircraft or other aerial devices or articles dropped therefrom riot civil commotion strikers locked-out workers persons taking part in labour disturbances malicious persons earthquake storm flood escape of water from any tank apparatus or pipe or impact by any road vehicle or animal or theft or attempted theft where such failure is not the result of wilful misconduct by the Named Insured and the Named Insured has undertaken all reasonable efforts to prevent such failure and to mitigate the consequences of any such failure

General Exclusions

The Company shall not be liable

1. Uninsured Event

to the extent that if any uninsured event occurs before concurrently with or after the happening of an insured Event and directly or indirectly causes or in any way contributes to cause a Loss under the terms of this Policy then the portion of any such loss so contributed to by the uninsured event shall not be a loss recoverable hereunder

2. Consequential Loss

for any consequential loss or damage which the Named Insured may suffer by reason of claims by third parties for failure of the Named Insured to fulfil any contract

3. War and Allied Risks; Dispossession of Property; Radioactive Contamination

for Loss in consequence of the Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event directly or indirectly caused or

occasioned by or happening through or in consequence of

(a) war invasion act of foreign enemy hostilities or warlike operations (whether war be declared or not) civil war rebellion revolution insurrection or military or usurped power

(b) permanent or temporary dispossession of any property resulting from confiscation nationalisation commandeering or requisition by any lawfully constituted authority

(c) (i) ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel

(ii) the radioactive toxic explosive or other hazardous properties of any nuclear installation reactor or other nuclear assembly or nuclear component thereof

(iii) any weapon or device employing atomic or nuclear fission and or fusion or other like reaction or radioactive force or matter

(iv) the radioactive toxic explosive or other hazardous or contaminating properties of any radioactive matter but the exclusion in this paragraph (iv) shall not extend to radioactive isotopes other than nuclear fuel when such isotopes are being prepared carried stored or used for commercial agricultural medical scientific or other similar peaceful purposes

(10)

9

nature is not covered by this Policy the burden of proving that such loss destruction or damage or cost or expense is covered shall be upon the Insured

For the purposes of this exclusion:

A. (a) in respect of loss destruction or damage

(i) outside England and Wales and Scotland

and/or

(ii) to property being :

(a) any land or building which is occupied as a private residence or any part thereof which is so occupied unless

(i) insured under the same contract of insurance as the remainder of the building which is not a private residence or

(ii) not insured in the name of an individual

(b) any Nuclear Installation or Nuclear Reactor and all fixtures and fittings situated thereon and attached thereto and all pipes wires cables drains or other conduits or service media of any description which are affixed or connected to or in any way serve such Nuclear Installation or Nuclear Reactor

and

(b) in respect of

(i) a Terrorist Act which does not result in or cause Damage to Property or

(ii) the threat of a Terrorist Act

the words “Terrorist Act” shall mean an act or acts (whether threatened or actual) of any person or persons involving the causing or occasioning or threatening of harm of

whatever nature and by whatever means made or claimed to be made in whole or in part for political, religious, ideological or similar purposes

B. in respect of loss destruction or damage in England and Wales and Scotland (other than loss destruction or damage to property as described in paragraph A.(a)(ii) above) the words “Terrorist Act” shall mean acts of persons acting on behalf of or in connection with any organisation which carries out activities directed towards the overthrowing or influencing by force or violence of Her Majesty’s government in the United Kingdom or any other government de jure or de facto

6. Sanctioned Territories

in respect of cover under the Policy in any territory where the Company is prevented from providing insurance cover by operation of any law trade or economic sanction or similar provision

7. Property damage

for loss of or damage to property

8. Lack of Financial Support

in respect of any Loss in consequence of the Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event directly or indirectly arising from lack of financial support of any kind

9. Communicable Diseases

in respect of any Loss in consequence of the Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event directly or indirectly caused by arising out of contributed to by resulting from or in connection with any communicable disease which leads to

(a) the imposition of quarantine or restriction in movement of people or animals by any national or international body or agency and/or

(b) any travel advisory or warning being issued by a national or international body or agency

and any fear or threat thereof (whether actual or perceived)

If the Company alleges that by reason of this exclusion any Loss is not covered by this insurance the burden of proving the contrary shall be upon the Named Insured

10. Civil Commotion in Northern Ireland

for Loss in consequence of the Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event directly or indirectly caused or

occasioned by or happening through or in consequence of loss destruction or damage in Northern Ireland directly or indirectly caused or occasioned by or happening through or in consequence of civil commotion

11. Terrorism

for Loss in consequence of the Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event directly or indirectly caused or

occasioned by or happening through or in consequence of a Terrorist Act or the fear of a Terrorist Act or any action taken in controlling preventing suppressing or in any way relating to a Terrorist Act

In any action suit or other proceedings where the Company alleges that by reason of the term ‘Terrorist Act’ any loss destruction or damage or cost or expense of whatsoever

(11)

C. the words

(a) ‘Nuclear Installation’ shall mean any installation of such class or description as may be prescribed by regulations made by the relevant Secretary of State from time to time by statutory instrument being an installation designed or adapted for

(i) the production or use of atomic energy;

(ii) the carrying out of any process which is preparatory or ancillary to the production or use of atomic energy and which involves or is capable of causing the emission of ionising radiations; or

(iii) the storage, processing or disposal of nuclear fuel or bulk quantities of other radioactive matter, being matter which has been produced or irradiated in the course of the production or use of nuclear fuel

(b) ‘Nuclear Reactor’ shall mean any plant (including any machinery equipment or appliance whether affixed to land or not) designed or adapted for the production of atomic energy by a fission process in which a controlled chain reaction can be maintained without an additional source of neutrons

In the event that any part of this exclusion is found to be invalid or unenforceable the remainder shall remain in full force and effect

12. Contractual Dispute or Breach

for any loss directly or indirectly arising out of contributed to by or resulting from:any contractual dispute or breach by the Named Insured or any Insured Person or any party who is contracted by the Named Insured

(12)

11

2. In respect of any one Event giving rise to Loss the Company shall only be liable to pay the amount in excess of the Deductible stated in the Schedule to this Section and the amount of the Deductible shall form part of the amount of the limit of liability referred to in paragraph 1 above

Special Provision

-Term of Coverage

Coverage under this Section commences on the inception of the Period of Insurance and shall continue until the expiration of the Period of Insurance but in respect of any Insured Event that at such expiration of the Period of Insurance has either yet to take place or has not yet completed shall continue in respect of such Insured Event until the date on which it is completed irrespective of whether such date occurs after the expiry of the Period of Insurance

Loss Basis of

Settlement

The word ‘Loss’ as used in this Section shall mean

1. the additional expenditure reasonably and necessarily incurred by the Named Insured in completing the Insured Event over and above the Expenses which but for the happening of the Event specified under Cover would have been incurred in completing the Insured Event

2. any Expenses incurred in connection with the Insured Event which shall be rendered entirely abortive and valueless as a direct result of the happening of the Event giving rise to the Cancellation Abandonment

Postponement Interruption Curtailment or Relocation of the Insured Event less any such part of the Gross Revenue retained less any savings the Named Insured is able to effect to mitigate such loss

3. the reduction in Net Profit if Net Profit is insured and stated in the Schedule which the Named Insured can demonstrate would have been earned had the Insured Event taken place

Conditions

1. Arrangements

(a) The Named Insured shall ensure that they make all necessary arrangements for the successful fulfilment of the Insured Event (which shall include but not be limited to the provision of sufficient allowances for travel time set up and/or rehearsal time) in a prudent and timely manner.

Event Cancellation

Insurance

Definitions

For the purpose of this insurance the following terms shall have the following meaning

1. Expenses

The word ‘Expenses’ shall mean the total of all costs and charges which would have been incurred by the Named Insured in organising running and providing services for the Insured Event had the Event giving rise to the Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event not occurred

2. Gross Revenue

The words ‘Gross Revenue’ shall mean all monies which would have been paid or payable to the Named Insured from every source arising out of the Insured Event had the Event giving rise to the Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event not occurred

3. Net Profit

The words ‘Net Profit’ shall mean the amount by which Gross Revenue exceeds Expenses

4. Term of Coverage

The words ‘Term of Coverage’ shall mean as defined under Special Provision - Term of Coverage

Cover

The Company agrees to pay to the Named Insured subject to the Limit of Liability such Loss as the Named Insured shall directly and solely sustain by reason of the necessary Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event as a direct and sole result of any reason beyond the Named Insured’s control including the non appearance of the Insured Person named in the Schedule occurring during the Term of Coverage within the Geographical Limits

Limit of Liability and

Deductible

1. In respect of any one Event and in the aggregate in respect of all Events in connection with any one Insured Event the Company's limit of liability shall not exceed the amount stated against each item in the Schedule as the Limit of Liability

(13)

Postponement Interruption Curtailment or Relocation of the Insured Event

10 the Named Insured failing to observe and comply with the requirements of any law ordinance court or regulatory body of whatever jurisdiction

11. notwithstanding General Exclusion 3(b) the seizure or destruction under quarantine or customs regulations confiscation nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority or the handling of contraband or the engaging in illicit trade or transportation 12. any order for repatriation internment imprisonment

deportation or the refusal of permit to enter any country where the Insured Event is to be held

13. lack of or inadequate attendance or insufficient interest prior to the date and time scheduled for any Insured Event 14. national court or religious mourning whether declared or

not

15. pollution or contamination other than in consequence of Damage not otherwise excluded caused by

(a) pollution or contamination which itself results from a Defined Peril

(b) a Defined Peril which itself results from pollution or contamination

For purposes of this exclusion the words ‘Defined Peril’ shall mean fire lightning explosion aircraft or other aerial devices or articles dropped therefrom riot civil commotion strikers locked-out workers persons taking part in labour disturbances malicious persons earthquake storm flood escape of water from any tank apparatus or pipe or impact by any road vehicle or animal

16. notwithstanding General Exclusion 8

(a) withdrawal, insufficiency or lack of finance howsoever caused

(b) the financial failure of any venture

(c) lack of or inadequate receipts sales or profits of any venture

(d) variations in the rate of exchange rate of interest or stability of any currency

(e) financial default insolvency or failure to pay of any person corporation or entity

17. the actual or threatened malicious use of pathogenic or poisonous biological or chemical materials regardless of any other cause or event contributing concurrently or in any other sequence thereto.

(b) The Named Insured shall ensure that all necessary contractual arrangements have been made and confirmed in writing and that all necessary

authorisations (which shall include but not be limited to the obtaining of licences permits visas copyright and patents) are obtained in a timely manner and valid for the period of the Insured Event

2. Average

The Named Insured shall maintain insurance adequate to cover the full value of a total loss of Expenses (and Net Profit if insured) for each Insured Event without any allowance for recoveries salvage or waivers Should the Named Insured fail to do so the Company will not be liable for a greater proportion of any loss covered under the Policy than the Limit of Liability bears to the full value of a total loss of Expenses (and Net Profit if insured) for each Insured Event

Exclusions

The cover provided by this Section does not indemnify the Named Insured for Loss in consequence of the Cancellation Abandonment Postponement Interruption Curtailment or Relocation of the Insured Event directly or indirectly caused by or resulting from

1. the non appearance of any person or group or persons other than the Insured Person

2. death accident or illness of any individual person other than the Insured Person

3. notwithstanding General Condition 2 the Named Insured’s lack of care diligence or prudent behaviour the result of which would increase the risk and/or likelihood of a loss hereunder

4. any alteration or variance of the Insured Event without the prior written approval of the Company

5. adverse weather in respect of any Insured Event in the open or under canvas or in temporary structures unless agreed by the Company in writing

6. any Insured Event in the open or under canvas or in a temporary structure unless agreed by the Underwriters in writing and stated in the Schedule

7. any work being carried out by builders or other contractors which renders the Venue or its facilities unusable in whole or in part unless such work is unknown to the Named Insured at the inception of this Policy or at the time of making the booking whichever is the later 8. Expenses and Gross Revenue which have not been declared

to and agreed by the Company

9 any reduction in attendance that is not specifically attributable to the necessary Cancellation Abandonment

(14)

travelers.co.uk

Travelers Insurance Company Limited, 61 - 63 London Road, Redhill, Surrey RH1 1NA

Travelers Insurance Company Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Registered office: Exchequer Court, 33 St. Mary Axe, London EC3A 8AG. Registered in England 1034343

TRV2124 12/13

Encoreinsure.com is a trading style of Walton & Parkinson specifically for online insurance for Theatres - both production and venues. Walton & Parkinson is an independent intermediary regulated by the FCA under number 310492 and is part of the EIP group of companies.

Figure

Updating...

Related subjects :