Terms and conditions of the Insurance Contract

PRIVATE JOINT STOCK COMPANY «KIY AVIA GARANT» INSURANCE COMPANY» (hereinafter – the Insurer, the Insurance Company), being guided by the Law of Ukraine "On Insurance", the Law of Ukraine "On Financial Services and State Regulation of Financial Markets", Rules on voluntary accident insurance, Rules on medical expenses insurance approved by the Insurer, other legal acts of Ukraine in the provision of insurance, offers persons and entities (hereinafter - the Consumer, the Insurant) to receive insurance services provided by this Voluntary Insurance Agreement.

By accepting this Offer the Insurant (the Insured Person) confirms that he/she has acknowledged and agreed with the insurance terms and conditions and Rules, aware of his/her rights and about the financial services offered to him in full and in compliance with the current legislation of Ukraine, and provides complete, perpetual, irrevocable consent for collection and processing of personal data under the law of Ukraine on protection of personal data, and he/she is aware that personal data will be included to the personal database. Collection and processing of the personal data shall be performed in order to provide realization of the relations during execution and compliance of the Agreement, to perform the Insurer’s activities and financial and business activities associated with it in compliance with the current legislation of Ukraine, which regulates such activity. This consent also applies to processing of the personal data by any third parties who have been granted such a right under the laws of Ukraine.

This Voluntary Insurance Agreement is a standard contract according to the articles 633 and 641 of the Civil Code of Ukraine and its terms and conditions are identical for all Insurers.

Terms and conditions of this Standard Voluntary Insurance Agreement shall be automatically and implicitly accepted by the Insurant by accepting this Offer (entering into the Voluntary Insurance Agreement; committing actions that impose entering into the Voluntary Insurance Agreement; filing an application to the Insurer for entering into the Voluntary Insurance Agreement; other ways, which are not prohibited by the laws of Ukraine).

Acceptance of the terms and conditions of this Standard Voluntary Insurance Agreement is full and implicit and means consent of the Insurant with all terms and conditions of this Agreement without exceptions and additions. Also it means that the Insurant acknowledges significance of his/her actions, understands all terms and conditions of the Agreement, and the Insurant is not under the influence of mistakes, fraud, violence, threats, etc.

Terms and conditions of the Voluntary Insurance Agreement are publicly available and brought to the attention of all the Insured Persons who enter into the Agreement on the Tickets.ua website and accordingly shall take effect from the date of posting on the Tickets.ua website.

In each particular case the Voluntary Insurance Agreement also shall specify its name; subject; licenses; name and address of the Insurer; name and surname (entity name) of the Insurant (Insured Person), their addresses and birth dates, passport; name and surname (entity name), birth date and address of the Beneficiary; sum insured; amount of the insurance payout, dates of payments; insurance rate; insurance program; sum of franchise; date of agreement; validity area; validity term; other terms and conditions under consent of the Parties; signatures and stamps (if available) of the Parties.

The Insurer places and brings to the attention of the Consumers General Terms and Conditions of the Voluntary Insurance Agreement.

Terms and Conditions of the Voluntary Insurance Agreement for those who go abroad

Terms definition

Insurer is a financial institution established in the form of a joint-stock, full, limited partnership or an additional liability partnership according to the Law of Ukraine "On Business Associations" taking into account specifications provided by the Law of Ukraine "On insurance", and which has received a license for insurance activities under the established procedure.

Insurant is a competent person or entity that has entered into an insurance agreement with the Insurer.

Insurance Agreement is a written agreement between the Insurant and the Insurer under which the Insurer undertakes to make indemnity payments in case of the insurance accident to the Insurant or other person designated in the insurance agreement by the Insurant, in favor of which the insurance agreement is executed (to provide assistance, to provide the service, etc.) and the Insurant undertakes to pay insurance premiums in due time and comply with other terms and conditions of the agreement.

Insurance event is an event, provided by the Insurance Agreement, which has affected the Insured Person during its staying abroad and entailing the Insurer’s obligation to pay out the insurance indemnity to the Insurant, Insured Person or Assistance.

Sudden disease — any suddenly occurred disease that threatens the Insured Person’s life and requires the prompt medical interference.

Accident — unexpected, sudden short-term event beyond the will of the Insured Person that actually happened and caused damage [traumatic injury, accidental acute weed and/or chemical (both industrial and household) poisoning, heat injury, burn injuries, cold injuries, electrical shock and lighting burn, dilacerations (injuries to organs)] to the Insured Person’s health or its death.

Assistance (Assisting Company) — an institution, representing the Insurer’s interests both in Ukraine and abroad, acting in its name and on its behalf, to which the Insurant (the Insured Person) shall apply in case of a sudden disease or an accident happened during its staying abroad. A period insurance (multi-visa) — concluding an Insurance Agreement for a certain period; at that, the number of days during which the Insurer bears the responsibility under the Insurance Agreement (the validity term of the insurance coverage), is within the overall term of the contract validity; and it is being less than the overall term of the Insurance Agreement validity (the number of days during which the Insurance Agreement is being in force). At each departure of an Insured Person abroad, the term of validity of the insurance coverage is automatically lessened by the number of days, spent by the Insured Person beyond the boundaries of the country of permanent residence or the citizen of which the Insured Person is.

In the Insurance Agreement, "a period insurance (multi-visa)" might be indicated in the "Validity in days" box in the form of a fraction, the numerator of which indicates the validity term of the insurance coverage (number of days), and the denominator indicates the overall term of the Insurance Agreement validity (the number of days during which the Insurance Agreement is in force).

Insurance event date — the date of applying of the Insurant/Insured Person to a medical institution, or the date of applying to an Assistance with the follow-up arrangement of medical aid beyond the boundaries of the country of permanent residence, within the limits of the Insurance Agreement territory, and within the term of the Insurance Agreement validity.

1. General Provisions
1.1. All legal and competent natural persons may be Insurant.
1.2. All legally capable individuals, residing in Ukraine and/or starting their journeys from its territory, may be the Insured Persons. All Insured Persons aged 1 to 75 years shall have satisfactory condition of health and no medical contra-indications to journey (i.e. they shall not set forth a travel in spite of doctors’ recommendations) as of the date of their departure from a country of their permanent residence.
1.3. The Insurance Agreement shall be made in writing only and granted to the Insurant/Insured Person, who certifies actual execution of the Agreement.
1.4. Rights and obligations of the Insurant apply to the Insured Person.
1.5. The Insurant may be at the same time the Insured Person if he/she concludes the agreement upon its own expenses.

2. Objects of Insurance
2.1. Property interests of the Insurant (Insured Person), being not in conflict the laws of Ukraine in effect and relating to its life, health and indemnification for medical expenses for medical care and medical services, as well as for any other extra expenditure, directly related to occurrence of the Insurance Event as result of an accident, sudden disease, happened during the Insured Person’s staying out of a country of its permanent residence within the whole effective period hereof and the limits of the Insurance Agreement territory, shall be the subject of this Insurance Agreement.

3. Procedure of Concluding the Insurance Agreement
3.1. The Insurance Agreement shall be made in writing only pursuant to a written (in case of Insurer’s demand or insurance group) or an oral application of the Insurant.
3.2. While concluding the Insurance Agreement the Insurant (Insured Person) exempts physicians of the medical institutions from obligations to keep the medical confidentiality before the Insurer.
3.3. When entering the Insurance Agreement, the Insurant shall notify the Insurer on all circumstances known to it and being essential for estimation of an Insurance Event occurrence probability and extent of possible losses caused thereby (insurance risk).
3.4. The territory of the Insurance Agreement – any country or any country of the world from the list stipulated in the Insurance Agreement as the territory and/or the country of the Insurance Agreement, except for the country of permanent residence of the Insured Person and/or the country, the citizen of which the Insured Person is. The Insurance Agreement shall be made in duplicate, being equally valid.

4. Duration and Place of Insurance Agreement Validity
4.1. The Insurance Agreement shall be valid within the whole effective period hereof, specified herein, and shall not exceed one calendar year.
4.2. The Insurance Agreement enters into force only on condition of payment of the Insurance Premium by the Insurer in full, and is valid within the limits of the Insurance Agreement territory and/or the country of the Insurance Agreement territory stipulated in the Insurance Agreement.
4.3. The term of expiration of the Insurance Agreement validity arrives at 00.00 a.m. (Kiev time) of the day indicated in the Insurance Agreement as an end of the Insurance Agreement validity. The liability of the Insurer (Insurance Protection) expires from a moment of passing the entrance into Ukraine but not later than the date of expiration of the Insurance Agreement validity.
4.4. The Insurer’s responsibility (insurance coverage) expires at the moment of crossing the state border at the time of entering the country of permanent residence, but no later than the and of the date (12:00 p.m. Kiev time) of the Insurance Agreement expiry, in all the Insurance Agreements, except for the Insurance Agreements where a ‘period insurance (multi-visa)’ is present.
4.5. In the Insurance Agreements where a "period insurance (multi-visa)" is present the Insurer’s responsibility (insurance coverage) expires at the moment of crossing the state border at the time of entering the country of permanent residence, no later than the date of the Insurance Agreement expiry; and providing that the number of days during which the Insurer bears the responsibility under the Insurance Agreement has not expired.
4.6. In case of the loss of the Insurance Policy during the Insurance Agreement validity the Insurance Policy is recognized invalid from a moment of its loss. The Insurant may receive an Insurance Policy duplicate provided that a written application (application for the issue of a duplicate) is submitted to the Insurer.

5. Insurance Premium Rate and Insurance Sum
5.1. The monetary sum within which limits the Insurer indemnifies for all expenses specified in the Insurance Agreement on every insurance event occurred to an Insured Person at the time of staying abroad during a period of the Insurance Agreement validity is considered as the Insurance Sum. 5.2. The Insurance Premium (payment) shall be paid by the Insurant one time (in cash or by the non-cash settlement) in monetary unit of Ukraine in equivalent to the foreign currency at the rate of the NBU as on the date of conclusion of the Insurance Agreement. The Insurant who is non-resident of Ukraine has a right to pay the Insurance Premium (payment) in the foreign currency.

6. Insurance Events
6.1. The list of the Insurance Events that should be covered under Insurance Agreement may be determined by the Insured Person at the time of conclusion of the Agreement according to the chosen Insurance Program.
6.1.1. For the purposes of this Agreement, the Insurance Event shall be an unforeseen event, being beyond the Insured Person’s will, occurred after effective date hereof and specified in Section 6.2 hereof, which causes the material expenses for medical assistance, provided to the Insured Person.
6.1.2.
The Insurance Event is considered as having been in effect, in case it has emerged in the term of the Insurance Agreement and has emerged within the limits of the Insurance Agreement territory and/or the country of the Insurance Agreement territory stipulated in the Insurance Agreement.
6.2. According to this Agreement, the Insurer shall indemnify for:

6.2.1. A Program:

6.2.1.1. In-patient help for the Insured Person in medical institutions including:
  • payment for medical treatment;
  • payment for diagnostic and treatment procedures (including surgery) as well as using of the any other medical equipment necessary for treatment;
  • consultation services;
  • cost of staying in the wards (including reanimation wards);
  • meals for the time of staying in the in-patient clinic according to the local standards of the particular institution.
6.2.1.2. The Insurer reserves the right to pay for the treatment of the Insured Person outbound, within the limits of the insured value established in the Insurance Agreement, until the condition of the patient’s health, according to his or her medical indicators, makes possible his transportation to the country of his/her permanent residence or to the country of his/her citizenship.
6.2.1.3. Out-patient help in medical institution or by licensed doctor (consultations, diagnostic examinations, medicines, banding materials etc.). 6.2.1.4. Payment of cost of medications, prescribed by doctor on the basis of the invoice original.
6.2.1.5. Coverage within limit of 100 USD of urgent dentistry help caused by accident injuries and connected with acute pain. Providing of emergency medical assistance (including the spot of the accident).
6.2.1.6. Medical transportation:
  • transportation of the Insured Person by an ambulance car or otherwise, should it be unable to move unassisted according to relevant medical evidence, to the nearest health care facility or to the nearest doctor’s place;
  • medical evacuation including the costs for the person, accompanying the injured the Insured Person, in case of medical prescriptions about the necessity of such escort (provided that this necessity is approved by the relevant documents) from abroad to the place of residence or to the country of his/her citizenship.
6.2.1.7. Repatriation of the body or cremations of the Insured Person in case of their death in an accident, or because of a sudden disease. At that, the Insurer shall compensate the costs for autopsy, coffin, needed for international transportation, transfer of the remnants to an airport, closest to the burial place of the Insured Person in Ukraine or to the country of the permanent residence; other expenses on the own discretion of the Insurer.

6.2.2.
B Program:
In addition to expenses specified in A Program and following administrative expenses are indemnified under this program:
6.2.2.1. Evacuation of Insured Person’ children aged under 14 left without care in case of sudden disease or death of the Insured Person.
6.2.2.2. Delivery of necessary drugs to the location of the Insured Person.
6.2.3. C Program:
In addition to expenses specified in B Program and following expenses are indemnified under this program:
6.2.3.1. Rendering of informational help in case of the loss or theft of documents.
6.2.3.2. Rendering of informational help in case of the loss of baggage.
6.2.3.3.Transfer of urgent messages by the possible means.

7. Exclusions from Insurance
Events and Insurance Restrictions
7.1. According to this Insurance Agreement, an event shall not be considered as the Insurance Event and the Insurer shall not indemnify for:
7.1.1. Any expenses occurred beyond the territory of the Insurance Agreement validity.
7.1.2. Any expenses not informed of within 31 (thirty one) days after return to a country of permanent residence, in case of application to a health care facility without the Assistance’s sanction.
7.1.3. The cost of cosmetic operations or medical teeth treatment connected with the replacement or repair of crowns, bridges, which differ from the measures directed to the temporary pain and suffering relief.
7.1.4. Expenses connected with the acquisition of spectacles, lenses, hearing aids.
7.1.5. Expenses connected with any prosthetics, arthroscopic treatment, the installation of heart pacemaker, as well as expenses related to surgery on the heart and blood vessels, including angioplasty and bypass surgery (in exceptional cases, the Insurer has the right go ahead to reimburse these costs partly).
7.1.6. Consultations, pharmaceutical treatment, drugs, short- or long-term treatment of chronic disease, state of health, known to the Insured Person as of beginning of trip, and diseases suffered prior to effective date hereof.
7.1.7. The cost of the medical drug treatment, drug preparations, the cost of the short-term or long-term medical treatment of the intensifying of chronic diseases and the diseases occurred prior to the Insurance Agreement validity, if such intensifying had occurred during 48 hours from the moment of crossing of state boundary of Ukraine by the Insured person.
7.1.8. The cost of the medical drug treatment, drug preparations, and the cost of the medical treatment of diseases occurred as a result of the failure to meet the requirements relating to vaccination and inoculation obligatory when entering a country of the travel.
7.1.9. Expenses connected with the treatment of the mental disorder of any form (as exception, the Insurer has a right on his own discretion to indemnify such expenses partly).
7.1.10. Expenses connected with alcoholism, drug abuse, intended doing harm to own life and health including the suicide and/or the suicide attempt except for the cases when the Insured Person subjects his/her own life or health to a danger with the aim of saving another person or when the Insured Person has been brought to such by illegal actions of third parties.
7.1.11. Expenses occurred under the circumstances to be known to the Insured Person at the beginning of the trip in his/her state of health or chronic disease.
7.1.12. Expenses connected with rendering services not necessary from the medical point of view or with the medical treatment not appointed by a physician.
7.1.13. Expenses connected with rendering services by some medical institution which has no adequate license or by a person who has no right to be engaged in the medical activity.
7.1.14. Expenses connected with the recovery, training and the physical therapy, treatment by nontraditional methods. As exception, the Insurer has a right on his own discretion to indemnify such expenses.
7.1.15. Expenses on the medical treatment at balneological and therapeutic health resorts, sanatoria, holiday-camps or other similar institutions.
7.1.16.
Expenses connected with rendering the additional comfort in medical institutions, namely: a television set, a telephone, a conditioner, a humidifier, barber or cosmetologist services, etc.
7.1.17. Expenses which were made after the Insured Person’s return to the country of residence or country of citizenship of the Insured Person.
7.1.18. Medical expenses which may be postponed from the medical point of view until the Insured Person’s return to the country of residence or the country of citizenship of the Insured Person.
7.1.19. Expenses connected with the pregnancy or any other states caused by the pregnancy; expenses on the artificial impregnation, the medical sterility treatment; expenses on the pregnancy prevention, and also expenses on the abortion unless its necessity is caused by the threat for the life. 7.1.20. Endocrinology and dermatologic diseases. Should those diseases be acknowledged, only the first doctor’s advice shall be indemnified. Further examination and treatment shall not be indemnified, unless those are required to save the Insured Person’s life.
7.1.21. Expenses related to connective tissue general disease, not requiring urgent medical aid. Expenses to drugs, to the cancer therapy and diseases resulting or complications, arising during or after the cancer therapy.
7.1.22. Expenses related to injury or accident that occurred as a result of actions drunk or under the influence of narcotics and / or other toxic substances, except unconscious poisoning by toxic substances.
7.1.23. Any sort of intangible losses.
7.2. The Insurer shall not indemnify the Insured Person for any expenses which directly or indirectly were caused by the events as follows:
7.2.1. The engagement of the Insured Person abroad in hunting, professional sports, any tracing trials, trials for speed or duration or tracing training, training for speed or duration, participation in any competition (including period of training and preparation for it) excluding the exceptional cases where the said is directly specified in the Insurance Agreement.
7.2.2. The engagement of the Insured Person abroad in the physical work, active kinds of sport (mountaineering, hand gliding, para gliding, ski sports, parachute jumps, jumps from a springboard, bangio-jumping, all kinds of struggle, diving with systems of artificial breath as well as other actions connected with raised danger for life and health) unless otherwise provided for in the Insurance Agreement.
7.2.3. The Insurant/Insured Person’s engagement in dangerous types of activity, performance of any dangerous work related to occupation or vocation, work in dangerous areas, unless otherwise provided by the Insurance Agreement.
7.2.4. Trips to the countries, being in a state of war or civil war; staying in a country, where a state of emergency is declared; losses, damages, traumas, diseases, disability or expenses, caused by war, hostilities of any kind, acts of terrorism, riots, revolutions, any mass unrest, disorders, labor troubles.
7.2.5. The Insured Person’s service in any arms and armed forces, participation in hostilities, civil commotions, riots, acts of terrorism.
7.2.6. Failure to fulfil safety regulations by the Insured Person.
7.2.7. Driving of any transport facility (including water, submarine, surface and air kinds of the transport) without an appropriate certificate that is necessary in the country of staying of the Insured Person.
7.2.8. Any aviation transportations fulfiled by the pilot without relevant permition. Diseases caused by sexual relations, non-specific bacterial, viral and fungous diseases of genital organs (colpitis, vulvovaginitis, urethritis, urethroprostatis, etc.). All kinds of herpes (except for the cases which threaten the life of the Insured Person) or expenses directly or indirectly stipulated by the medical treatment, diagnosing or receiving consultations in connection with the acquired immunodeficiency syndrome (A.I.D.S.) or the related to A.I.D.S. complex (A.R.C – A.I.D.S. Related Complex).
7.2.9. Nuclear explosion, radiation effect, caused by use of nuclear power and fission products, or radiation, chemical, bacteriological pollution, ionizing radiation or radio-contamination from any radioactive sources. On extraordinary exceptions the Insurer may indemnify for those expenses at its own discretion.
7.2.10. Toxic, harmful or dangerously explosive properties of some explosive device. As exception, the Insurer has a right on his own discretion to indemnify such expenses.
7.2.11. Natural disasters, epidemics, made known prior to beginning of trip and before effective date hereof (on extraordinary exceptions the Insurer may indemnify for those expenses partially at its own discretion).
7.2.12. Treatment of any disease caused by a violation of homeostasis after the cancer therapy of the Insured Person.
7.3. The Insurer shall have the right to refuse to pay the Insurance Payment in the case when after examination of the Insured Person who independently visited some medical institution the treatment has not been prescribed.

8. Parties’ Actions at Occurrence of Insurance Event
8.1. Should the insurance event occur that covers by the Insurance Agreement the Insurant/Insured Person shall inform the Assistance about such event by the telephones indicated in the Insurance Policy. Should the Insurant/Insured Person be unable to apply urgently to the Assistance, the Insurant/Insured Person shall, as soon as possible, but in any case at the latest of 48 hours after occurrence of the insurance event, apply to the Assistance and notify it on the insurance event occurred
8.2. If the Insurant/Insured Person cannot independently inform the Assistance about such event this may be done by another person (a head of the tourist group, a workman of the medical institution, etc.) or the Insured Person as soon as such possibility occurs.
8.2.1. The Insurant/Insured Person must inform the Assistance about the following:
  • Insurer: CJSC IC «KYI AVIA GRANT»;
  • surname of the Insured Person;
  • series and number of the Insurance Policy;
  • character of the occurred event;
  • Insured Person's address and telephone number.
8.3. The Insurant/Insured Person shall agree its actions with the Assistance and strictly comply with the Assistance’ recommendations thereupon.
8.4. Having received the information, the Assistance shall arrange provision of medical and other services to the Insured Person, provided for by the Insurance Agreement, and cover expenditures according to the Insurance Agreement executed.
8.5. The expert doctors, appointed by the Insurer or its authorised representatives, shall have free access to the Insured Person in order to control its state of health. Should that condition be not satisfied, no insurance indemnity for any services provided in such case shall be paid out. In cases of impossibility of payment by the Assistance it is specified that the payment of medical expenses is independently carried out by the Insurant or the Insured Person on the help organization by the Assistance. In such a case the insurance indemnity will be paid by the Insurer after the Insured Person’s return to the country of residence and the submission of necessary documents for the unprejudiced consideration of the case.
8.6. Medical services, related to in-patientl care provided, shall be repaid by the Assistance under the Insurer’s instructions. Should the Insurant undergo institutional treatment without the Assistance’s sanction, the Insurer may deny the insurance indemnity.
8.7. The Insured Person shall not refuse the offer of Assistant company or/and Insurance company for its transportation to a health care facility in a country of its permanent residence for the purposes of further treatment, when a doctor states that the state of the Insured Person’s health enables its unassisted or assisted return to a country of its permanent residence. In the case of refusal of an Insured Person of such a proposal of Assistant company or/and Insurance company, the Insurer reserves the right to refuse to pay or may reimburse them partially.
8.8. In case the Insurant/Insured Person’s visiting some medical institution without the agreement with the Assistance the Insurer bears no responsibility for the level of rendered medical services and an amount of expenses. The Insurer reserves the rights to refuse the indemnity to the Insurant or the Insured Person to his/her proper indemnity request or may partially recover expenses incurred.
8.9. Should the Insurant/Insured Person fail to apply to the Assistance, by the valid reason, but apply to a health care facility independently, in order to receive the insurance indemnity it shall, within 31 day after return to a country of its permanent residence, provide the Insurer with relevant documents, related to an event, which may be classified as the insurance event

9. List of Required Documents Confirming Occurrence of the insurance Event and Compensation Amount
9.1. Damage Insurance indemnity, related to the insurance event occurred, is paid out to the Insurant/Insured Person by the Insurer, when the latter has made relevant decision, certified by a claim report, pursuant to the following documents, filed by the Insurant/Insured Person:
9.1.1. If medical expenses were paid by Insurany/Insured Person:
9.1.1.1. Insurant's/Insured Person's report on the insurance event, which must be filed within 31 (thirty one) day after the Insurant’s/Insured Person’s return to a country of his/her permanent residence.
9.1.1.2. Insurant's/Insured Person's personal identity document.
9.1.1.3. Original Insurance Agreement.
9.1.1.4. Original physician's report on the official form of the proper medical institution where medical services were rendered with indication of the patient’s surname, the date of his/her examination, the diagnosis, the prescriptions signed and sealed by the physician, addresses and phone numbers of the medical institution or the physician.
9.1.1.5. Original receipts confirming actual expenses and issued by the medical institutions which rendered the medical aid to the Insured Person confirmed by the signature and the seal of the authorised person with an indication of the payment.
9.1.1.6. Originals of the prescriptions for drugs and the receipts of the drugs payment.
9.1.1.7. A copy of the passport for travelling abroad with an indication of the date of crossing the border.
9.1.2. In case of Insured Person's death as a result of Insurance Event, the Insurant or a third person who agreed with the Insurance Company and covered Insured Person's body repatriation expenses, has right to submit the following documents to get the compensation: 9.1.2.1. Report on the insurance event, which must be filed within 31 (thirty one) day after repatriation expenses payment.
9.1.2.2. A copy of the Insurance Agreement.
9.1.2.3. Personal identity document of insurance compensation receiver.
9.1.2.4. Original or properly certified copy of Insured Person's death certificate.
9.1.2.5. Original receipts confirming actual expenses of Insured Person's body repatriation (transportation) covered by the Insurant or a third person according to the provisions of this Insurance Agreement.
9.2. The Insurer has the right to request from the Insurant/Insured Person other documents stipulated in the Insurance Agreement and necessary to determine circumstances, character and reasons of the occurrence of the insurance event.

10. Procedure and Terms of Insurance Indemnity Payment
10.1. The Insurance Payment is implemented by the Insurer within the limits of the Insurance Sum specified in the Insurance Agreement. The Insurance reimbursement may not exceed an amount of the direct loss incurred by the Insured Person.
10.2. When the insurance event occurs, the Insurer shall reimburse:
10.2.1. In case of treatment, having been personally paid for by the Insurant/Insured Person, at the Insurer’s consent, medical expenses connected with an insurance case are compensated directly by the Insurer to the Insurant/Insured Person only upon furnishing by the latter to the Insurer of a written request and all the required documents related to an insurance event, indicated in p.9 of the Insurance Agreement.
10.2.2. The reimbursement is effected in the national currency of Ukraine at the rate of the National Bank of Ukraine on the date of signing the claim report by the Insurer, providing that the difference of exchange of the national currency on the date of signing the claim report and on the date of emergence of an insurance event comprises no less than 10% of the rate of the National Bank of Ukraine on the date of an insurance event. In case where the difference of exchange comprises over 10%, the reimbursement is effected in the national currency of Ukraine using the rate of the National Bank of Ukraine on the date of emergence of an insurance event. 10.2.3. By the authorised representative of the Insurer (the Assistance) to a bank account of a health care facility, this has provided the Insurant/Insured Person with relevant services.
10.2.4. To the third party or institution, which has paid for treatment.
10.3. If the medical expenses/body repatriation expenses, confirmed by receipts, exceed insurance amount, specified in the Insurance Agreement, the Insurer first of all compensates medical expenses or body transportation expenses.
10.4. The Insurer makes the Insurance Payment independently of the fact weather any social payments are foreseen for the Insured Person as a result of the insurance event.

11. Reasons for denial of the Insurance Compensation
11.1. Grounds for refusal by the Insurer to pay the Insurance Refund or Insurance Indemnity are:
11.1.1. Deliberate acts (failure to act) of the Insurant/Insured Persons, aimed at occurrence of the insurance event. This provision shall not be applied to any acts, connected with performance of civil or official duties, performed in a state of reasonable self-defence or to protect the property, life, health, honor, dignity and goodwill. The acts of the Insurant or a person-beneficiary hereunder, shall be qualified according to the laws of Ukraine in effect.
11.1.2. Commission of intentional crime by the Insurant, as an individual, or by the Insured Person, which has caused the insurance event.
11.1.3. Submission of the false information about the insurance object or about the fact of the insurance event by the Insurant.
11.1.4. Untimely notification by the Insurant about the onset of an insured event without valid reasons for this or creation by the Insurant of obstacles for determining the circumstances, character and amount of losses.
11.1.5. Insured Person's refusal to fulfil Assistance's or Insurer's instructions.
11.1.6. Acted at his/her own discretion without the prior agreement with the Insurer or the Assistance.
11.1.7. Untimely submission or failure to submit documents and information required for assession and indemnity of the incurred losses.
11.1.8. Cases where the Insured Person gave no possibility for the Insurer’s physician to carry on the medical examination.
11.1.9. Cases where the Insured Person did not notify in writing the Insurer while concluding the Insurance Agreement about all circumstances having an essential importance for the assessment of the insurance risk known to him/her.
11.1.10. Cases where the Insured Person did not notify the Insurer about the changes of the insurance risk during a period of Insurance validity.
11.1.11. Cases where the Insured Person received the adequate compensation for losses from a person guilty in the occurrence of these losses.
11.1.12. Cases indicated in the item 7 of the present Addition.
11.1.13. Other cases foreseen in the legislation of Ukraine.
11.2. Insurer is released from the insurance reimbursement in case when the Insurant/Insured Person did not fulfil conditions of the present Addition and/or Insurance Agreement.

12. Term of Decision Adoption on Payment or Refusal as to Insurance Indemnity
12.1. The Insurer adopts a decision on the payment of the insurance indemnity during 15 (fifteen) working days from a moment of submitting all appropriately executed documents, in this event the Insurer has the right to postpone the payment of the insurance indemnity by a term of reception of the documents or the Insurant’s answer to the Insurer’s request, that does not exceed twelve months.
12.2. The Insurer makes the payment of the Insurance indemnity during 15 (fifteen) working days from a moment when a decision on the payment was adopted.
12.3. A decision on the refusal of the insurance indemnity payment is sent to the Insurant/Insured Person at least during 15 (fifteen) working days from a moment of the adoption of such decision.

13. Alteration and Termination of the Insurance Agreement
13.1. Changes may be introduced to Insurance Agreement with the consent of the Insurant and the Insurer a written statement of one of the Parties within five (5) business days before the term of the contract.
13.2. Should no Party agree to amend the Insurance Agreement, the Parties shall, within five-day term, decide either to renew the Insurance Agreement on old terms, or terminate it.
13.3. The effect of the Insurance Agreement is terminated and becomes null and void on an agreement between the parties as well as in the event of:
13.3.1. Expiry of the period of the Agreement.
13.3.2. Fulfillment by the Insurer of its obligations to the Insurant in a full scope.
13.3.3. Insurant's failure to pay Insurance Premiums at times stipulated by the Agreement.
13.3.4. Liquidation of an Insurant which is a legal person or death of an Insurant who is a natural person, or loss of the legal capacity by the latter excluding the cases foreseen by the Law of Ukraine “On Insurance”.
13.3.5. Liquidation of the Insurer by the procedure established by the legislation of Ukraine.
13.3.6. Award of a court decision recognizing the Agreement null and void.
13.3.7. Return of the Insured Person to a country of its permanent residence, when it crosses the national boundary of abovementioned country.
13.3.8. Other cases stipulated by the legislation of Ukraine.
13.4. The effect of the Insurance Agreement may be terminated ahead of time on demand of the Insurant or of the Insurer.
13.5. In the event of termination of the Insurance Agreement ahead of time on demand of the Insurant, the Insurer shall return the Insurant the Insurance Payments for the period remaining till the end of the period of the Agreement with deduction of normative expenses for the conduct of business, determined at the calculation of the rate of insurance (30 %), and actual payments of Insurance Sums and Insurance Indemnity, effected under this Insurance Agreement. If the demand of the Insurant is caused by violation of terms and conditions of the Insurance Agreement by the Insurer, the latter shall fully return the Insurant the Insurance Payments made by the Insurant.
13.6. In the event of termination of the Insurance Agreement ahead of time on demand of the Insurer, the Insurance Payments paid by the Insurant shall be fully returned to it/him. If the demand of the Insurer is caused by non-fulfilment of terms and conditions of the Insurance Agreement by the Insurant, the Insurer shall return it/him Insurance Payments for the period remaining till the end of the period of the Agreement with deduction of normative expenses for the conduct of business, determined at the calculation of the rate of insurance (30 %), and actual payments of Insurance Sums and Insurance Indemnity, effected under this Insurance Agreement.
13.7.  At termination of the Insurance Agreement ahead of time it is prohibited to return money in cash if payments were effected in a cashless form.

14. Rights and Obligations of the Parties
14.1. The Insurer is obliged to:
14.1.1. Acquaint the Insurant with the terms and conditions of the insurance and the Insurance Rules.
14.1.2. Take measures during 2 (two) working days as soon as it will be known of the occurrence of an insurance event relating to the execution of all required documents for the timely insurance payment to the Insurant.
14.1.3. Make payment of the insurance indemnity at the occurrence of an insurance event during a time specified in the Insurance Agreement.
14.1.4. Keep the information secret about the Insurant and his/her property state except for the cases stipulated in the legislation of Ukraine.
14.2. The Insurer has the right to:
14.2.1. At its own cost and in its interests carry out the medical examination of the Insured Person as it will be necessary and in case of the Insured Person’s death conduct the posthumous examination.
14.2.2. Receive the originals of documents that prove the insurance event and the sum of indemnity.
14.2.3. Postpone the payment of the expenses provided by the Insurance Agreement in the complicated cases until the Insured Person returns to the country of residence.
14.3. The Insurant is obliged to:
14.3.1. Timely make the insurance payments.
14.3.2. Provide the Insurer with the information while concluding the Insurance Agreement about all circumstances known to him/her which are of essential importance for assessment of any insurance risk and give the further information to the Insurer about any change of the insurance risk.
14.3.3. Notify the Insurer of other effective Insurance Agreements related to this subject of the insurance.
14.3.4. Take measures as to the prevention and reduction of losses caused as a result of an insurance event.
14.3.5. Notify the Insurer in terms specified in the item 8.1. of the present Addition at the occurrence of an event that can be qualified as insured.
14.3.6. Meet the Insurer’s requirements related to any specific insurance event.
14.3.7. Counteract no physicians to the Insurer’s request to discover a medical secret to the Insurer for assessment of the appropriateness of effecting the Insurance indemnity.
14.4. The Insurant has the right to:
14.4.1. Receive the insurance indemnity in accordance with the present Insurance Rules if the expense by this Insurance Agreement was paid by him/her independently.
14.4.2. In the event that the Insurant (Insured Person) was recognized by the judgment of the court to be incompetent, his/her rights and obligations are to pass to his/her trustee.
14.4.3. In the event of death of the Insured-individual person who has concluded the Insurance Agreement for the benefit of some Insured Persons, his/her rights and obligations may pass both to these Persons and to some other persons charged with obligations of protecting the rights and legal interests of the Insured Persons.

15. Responsibility for Non-fulfilment or Improper Fulfillment of the Agreement
15.1. The Insurer takes the property accountability for untimely payment of the insurance indemnity (insurance reimbursement) by way of paying to Insurant a penalty equal to double rate of the National Bank of Ukraine for each day of delay in payment.

16. Special Provisions
16.1. A specific Insurance Agreement may include by the mutual consent of the parties particular insurance terms and conditions which do not disagree with the legislation of Ukraine and the Insurance Rules.
16.1. In case of any variant readings between Ukrainian and English language versions of this Exhibit, Ukrainian language version hereof shall prevail.

17. Dispute Settlement Procedures
17.1. Disputes related to the Insurance Agreement arising between the Parties are to be settled by way of negotiations. All terms that are not stipulated at the present Insurance Agreement should be regulated by the Rules for voluntary insurance of liability for expenses.
17.2. Should such settlement of the matters in dispute appear impossible by negotiations, their regulation must be carried out in a procedure established by the effective legislation of Ukraine.

18. Force major
18.1. The Parties does not take the responsibility for non-fulfilment of the conditions of the present Agreement if such non-fulfilment caused by the reasons beyond the control of the acting Party and determined as force major conditions, namely: earthquake, flooding, acts of nature or other events. If force major conditions take place more than three months, any Party can determine the duration of the present Agreement. Upon this, the Party that has force major conditions should submit the other Party written confirmation of such fact (Trade-Commerce Chamber certificate).

Insurance Conditions by the Voluntary Accident Insurance Rules

19. "General provisions" — according toparagraphs 1.1, 1.2, 1.4, 1.5 hereto.

20. Subject of the Insurance Agreement.
20.1. The lawful proprietary interests connected with lives, healthand efficiency of the Policy Holder (Insured Person) during stay of the Insured Person abroad within the duration of the Insurance Agreement.

21. Insurance Event.
21.1. An accident resulting in:
21.1.1. Temporary incapacity of work by the Insured Person.
21.1.2. Disability of the Insured Person.
21.1.3. Death of the Insured Person or obtaining injuries causing death.
21.2. The “Accident” shall mean a sudden, unexpected, short-term event that is uncontrollable by the Insured Person and that has actually occurred and resulted in a health disorder [a traumatic injury, an accidental acute intoxication with poisonous plants, chemical substances (either industrial or household), poor-quality foodstuffs except for the food toxic infection, salmonellosis, dysentery, medications; a heat stroke, scalds, frostbites, electrical shock or lightning stroke, ruptures injuries of organs or their removal as a result of improper medical manipulations] or death of the Insured Person.

22. "Duration and Location of the Insurance Agreement"
— according to paragraphs 4.1.–4.4. of Section 4 hereof, "Terms of Payment of the Insurance Premium" — according to paragraph 5.2 hereto.

23. Procedure of determination of amounts of the insurance indemnities.
23.1. The Insurer shall be obliged to pay:
23.1.1. In case of death of the Insured Person as a result of an accident — 100% of the insurance amount provided for in this Insurance Agreement.
23.1.2. In case of disablement diagnosis of the Insured Person as a result of an accident:
23.1.2.1. The 1st age category for persons from 16 years old and older:
  • for the 1st disability group — 80% of the insurance amount
  • for the 2nd disability group — 60% of the insurance amount
  • for the 3d disability group — 40% of the insurance amount
23.1.2.2. The 2nd age category for persons from 1 to 16 years old:
  • for the 1st disability group — 90% of the insurance amount
  • for the 2nd disability group — 80% of the insurance amount
  • for the 3d disability group — 60% of the insurance amount.
23.1.3. In case of death or disablement diagnosis of the Insured Person as a result of an accident, the amount of previously made payments under insurance accidents as a result of the same accident shall be withheld from the insurance indemnity.
23.1.4. In case of a temporary incapacity of the Insured Person as a result of accidents for persons of the 1st age category and 2nd age category - 0.5% of the insurance amount provided for in the Insurance Agreement for each day of temporary incapacity of work but not more that 50% of the insurance amount for the duration of the Insurance Agreement.
23.1.5. In case of temporary incapacity of work as a result of an accident by the Insured Person who is not a resident of Ukraine, the insurance indemnity shall be covered according to the settlements set forth in Table to Annex 2 of the Voluntary Accident Insurance Rules.
23.2. If the documents provided for the insurance indemnity do not allow to determine a specific period of incapacity of work, the insurance indemnity shall be covered according to the settlements set forth in Table to Annex 2 of the Voluntary Accident Insurance Rules.
23.3. The insurance indemnity due to disability shall not be covered if the amount of the insurance indemnity, which was paid under temporary incapacity of work, exceeds the amount of payment by disability. The total amount of insurance indemnity to be paid out to each Insured Person under one or several insurance events may not exceed the insurance amount provided for in the Insurance Agreement.

24. The list of documents supporting the fact of occurrence of the insurance event and amount of damages.
24.1. The Policy Holder (Insured Person, Beneficiary, Heir) shall provide the Insurer the following documents:
  • original of the Insurance Agreement;
  • application for the insurance indemnity;
  • reference of the medical institution regarding outpatient/inpatient treatment;
  • medical certificate;
  • passport or other identification document of the Insured Person (Beneficiary, Heir);
  • identification code;
  • document certifying the right to inheritance (for a hear);
  • certificate of the Disability Determination Services about the disablement diagnosis of the Insured Person;
  • certificate of death of the Insured Person (in the event of death);
  • other documents permitting to determine the nature and circumstances of occurrence of the insurance event.
24.2. In case of insurance of nonresidents of Ukraine there may be required to provide other documents proving the occurrence of the insurance event and amount of damages and are deemed valid in the country of residence.

25. Exceptions from insurance events and limitation of insurance.
25.1. The insurance coverage shall not apply to:
25.1.1. Committing a deliberate crime causing the insurance event by the Policy Holder-Citizen or other person in favor of whom the Insurance Agreement was concluded.
25.1.2. Driving a vehicle in the state of alcoholic, narcotic or other intoxication by the Policy Holder, as well as provided that the Insured Person has given a vehicle to the person in the state of alcoholic, narcotic or other intoxication or who does not have a driving license of the corresponding category.
25.1.3. Intoxication with narcotic or toxic substances, alcohol and its surrogates, except for cases when the use of the said substances by the Insured Person was connected with the unlawful actions of third persons.
25.1.4. Deliberate infliction of injury on oneself by the Insured Person.
25.1.5. Action in the state of alcoholic, narcotic intoxication.
25.1.6. Self-treatment.
25.1.7. Noncompliance with safety rules, fire safety rules, traffic rules (in particular, road traffic accidents, connected with driving on forbidden light or sign of a traffic-controller;driving on the railway road on the forbidden sign or train approaching to the highway crossing; exceeding a speed limit for more than 40 km/hour; road traffic accidents connected with wrong way driving, as well as leaving the place of road traffic accident; absence of a driving license with a driver).
25.1.8. Suicide or attempted suicide, except for cases when the Insured Person was led to such a state by unlawful actions of third persons.
25.2. The Insurer shall not be liable for any insurance events resulting from:
25.2.1. Extraordinary, military, special states, declared by the authorities in accordance with the procedure established by law, civil war, civil disorders, outbreaks and strikes.
25.2.2. Exposure to nuclear energy.
25.3. The illness except for tick-borne encephalitis (encephalomyelitis), hydrophobia and tetanus shall not apply to the accidents.

26. Rights and Obligations of the Parties.
26.1. The Policy Holder may:
26.1.1. Make amendments to the Insurance Agreement by the agreement with the Insurer.
26.1.2. Terminate the Insurance Agreement prior to the scheduled date as per paragraph 30 contained herein.
26.1.3. Require from the Insurer to implement the conditions contained in the Insurance Agreement.
26.1.4. Require from the Insurer to provide a written justification of the reasons for its refusal insurance indemnity.
26.2. "The Policy Holder shall be obliged" according to paragraph 14.3 hereto.
26.3. The Insurer may:
26.3.1. File requests to the competent authorities regarding the receipt of the corresponding documents and information proving the fact of and reason for the insurance event occurrence, as well as defer the payment of the insurance indemnity until the circumstances of the insurance event are clarified for the period that may not exceed 6 (six) months.
26.3.2. Refuse to pay out the insurance indemnity pursuant to Section 29 hereto.
26.3.3. Terminate the Insurance Agreement prior to the scheduled date according to Section 30 hereof.
26.4. "The Insurer shall be obliged" according to paragraph 14.1 hereto.

27. "Actions of the Policy Holder (Insured Person) in case of occurrence of the insurance event" — according to Section 8 hereof.

28. The term for making decision on insurance indemnity or denial of payment
28.1. The decision on insurance indemnity shall be made by the Insurer as soon as he receives all necessary documents within 15 (fifteen) working days.
28.2. The insurance indemnity shall be covered by the Insurer within 15 (fifteen) working days following the date of the payment decision.
28.3. The Insurer shall notify the Policy Holder/Beneficiary its refusal to pay out the insurance indemnity in writing with giving justified reasons within 15 (fifteen) working days following the date of the refusal decision.

29. The grounds for refusal to pay out the insurance indemnity
29.1. The ground for the Insurer’s refusal to pay out the insurance indemnity shall be as follows:
29.1.1. Accident occurred outside the territory of validity of the Insurance Agreement.
29.1.2. Accident which was not reported about within 31 (thirty one) days from the moment of returning of the Insured Person to the permanent place of resident in case of applying to the medical institution without agreement with the Assistance company.
29.1.3. Deliberate acts of the Policy Holder or person in whose favor the Insurance Agreement was made, which are aimed at occurrence of the Insurance event. The stated standard shall not apply to the actions connected with their performance of civil or business duty in the state of the required protection (without exceeding its limits) or protection of property, lives, health, dignity and reputation. Qualification of actions of the Policy Holder or person in whose favor the Insurance Agreement was made, which are aimed at occurrence of the insurance event.
29.1.4. Creation of obstacles to the Insurer in determination of circumstances, nature and amount of damages.
29.1.5. Any failure to provide the required documents confirming the reason for and circumstances of the disease or accident occurrence.
29.1.6. Accidents provided for in p. 25 contained herein.
29.1.7. Other accidents stipulated by the legislation of Ukraine.

30. "Terms of Termination of the Insurance Agreement" — according to Section 13 hereof.

31. "Responsibility for failure to perform or undue performance of the terms of the Agreement" — according to Section 15 hereof.

32. Dispute Settlement Procedure
32.1. The disputes arising between the Parties in the course of performance of the Agreement shall be settled by the way of negotiations of the Parties. Any other issues not provided for by the Insurance Agreement shall be regulated by the Voluntary Accident Insurance Rules.
32.2. In case of failure to settle the disputes, shall be settled in the order and on terms provided for by the current legislation of Ukraine.

33. "Force-Majeur" — according to Section 18 hereof.