Delayed, Lost and Damaged Baggage Protection
These Terms of Service are effective January 1, 2009.
Virginia Surety Company, Inc.
175 W. Jackson Blvd, Chicago, IL 60604
Reservation Rewards
Lost, Damaged, or Delayed Baggage
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:
Actual Cash Value means the amount an item is determined to be worth based on its market value, age and condition at the
time of loss.
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.
Carry-On Baggage means a piece of baggage that has not been checked and accompanies You while traveling on a
Common Carrier.
Checked Baggage means a piece of baggage for which a claim check has been issued to You by a
Common Carrier.
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.
Damage means baggage (including personal property contained within) that can no longer perform the function
it was intended to do in normal service due to broken parts, material or structural failures.
Destination means the place where You expect to travel on a
Trip as indicated on the
Common Carrier ticket.
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.
Lost means luggage (including personal property contained within) that is missing for ten (10) consecutive
days and whose whereabouts are unknown to You or the
Common Carrier.
Membership Effective Date means the date You enroll as a member in Reservation Rewards.
Return Destination means the place to which You expect to return from a
Trip as indicated on the
Common Carrier ticket.
Trip means a scheduled period of travel with a
Destination and
Return Destination using a
Common Carrier.
If during the Coverage Period, You are traveling by Common Carrier while on a Trip and the Checked Baggage
and/or Carry-On Baggage is Lost or Damaged, We will reimburse You the repair cost or the Actual Cash Value
to replace the Checked Baggage and/or Carry-On Baggage up to $250 per Trip.
Coverage is limited to two (2) claims per twelve (12) month period.
If during the Coverage Period, You are traveling by Common Carrier while on a Trip and the Checked Baggage
does not arrive at Your Destination for more than twelve (12) hours after a arrival, We will reimburse
You up to $250 per Trip for the actual cost of replacing any personal articles (e.g. clothing, hygiene
and/or grooming products) or business effects (e.g. uniforms or general office supplies) contained in the Checked Baggage.
Coverage does not apply when the Checked Baggage is delayed while traveling to Your Return Destination.
Coverage is limited to one (1) claim per twelve (12) month period.
- Plants, shrubs, animals, pets, consumables, or perishables.
- Art objects, antique items, or collectibles of any kind (such as items designed for people to collect or items that over time become collectibles).
- All types of stored data or music (including, but not limited to, computer software, DVDs, video cassettes, CDs, audio cassettes, and film).
- Keys, travelers' checks, visas, documents of any kind, tickets of any kind (including, but not limited to, airlines, sporting events, concerts, or lottery), negotiable instruments, bullion, rare, or precious metals, stamps, and coins, currency or its equivalent.
- Computers, printers, or any computer related equipment.
- Rugs, cameras, radios, CD or DVD player, sporting equipment, cellular phones, or household furniture.
- Losses resulting from war or hostilities of any kind (including, but not limited to, invasion, terrorism, rebellion, insurrection, riot, or civil commotion); confiscation, expropriation or detention by any government, public authority, or customs official; illegal activity or acts.
- Losses resulting from contamination by radioactive or hazardous substances, including mold.
You can
initiate a claim on this site. You must report the claim
within ninety (90) days of the loss.
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 loss.
Lost/Damaged Baggage
- The fully completed claim form.
- Copy of initial claim report submitted to the Common Carrier.
- The result of any settlement by the Common Carrier.
- Itemized repair or replacement receipts.
- Any other documentation that may be reasonably requested by the Administrator to validate a claim.
Baggage Delay
- The fully completed claim form.
- Copy of the delayed Checked Baggage report or property irregularity report that was submitted to the Common Carrier prior to leaving the terminal premises.
- The result of any settlement by the Common Carrier.
- Itemized replacement receipts.
- Any other documentation that may be reasonably requested by the Administrator to validate a claim.
The General Provisions apply to the following benefit: Lost, Damaged, or Delayed Baggage.
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:
- 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.
- 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.
- 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:
- 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.
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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