c) Any dispute, controversy or claim which is:
−
Arising out of or relating to this Agreement (or the breach, termination or invalidity
thereof) with a value in excess of €500,000, or
−
Referred to mediation pursuant to Clause 5.b but not voluntarily settled by
mediation within three months of the ADR Notice date
shall be determined exclusively by the Courts of Ireland and the Parties will submit to
the exclusive jurisdiction of those courts. Any proceedings brought pursuant to this
Clause 2.c shall be issued within nine calendar months of the expiration date of the
aforementioned three month period.
3. Cancellation:
We will cancel the policy where you have not paid the full premium due
and owing. We shall notify you of this cancellation and the contract shall be deemed
cancelled from the date that the premium payment became due and payable. However, if
the premium is paid within 30 days after the due date, the insurance cover will be
reinstated and we will cover any claims which occurred during the period of delay. If the
outstanding premium is paid after the 30-day limit, you must complete a Confirmation of
Health Status Form before your policy can be reinstated, subject to underwriting.
4. Data protection:
Allianz Worldwide Care, a member of the Allianz Group, is an Irish
authorised non-life insurance company. We obtain and process personal information for
the purposes of preparing quotations, underwriting policies, collecting premium, paying
claims and for any other purpose which is directly related to administering policies in
accordance with the insurance contract. The confidentiality of patient and member
information is of paramount concern to us. You have a right to access the personal data that
is held about you. You also have the right to request that we amend or delete any
information which you believe is inaccurate or out of date. We will not retain your data for
longer than is necessary for the purposes for which it was obtained.
5. Force majeure:
We shall not be liable for any failure or delay in the performance of our
obligations under the terms of this policy, caused by, or resulting from, force majeure which
shall include, but is not limited to: events which are unpredictable, unforeseeable or
unavoidable, such as extremely severe weather, floods, landslides, earthquakes, storms,
lightning, fire, subsidence, epidemics, acts of terrorism, outbreaks of military hostilities
(whether or not war is declared), riots, explosions, strikes or other labour unrest, civil
disturbances, sabotage, expropriation by governmental authorities and any other act or
event that is outside of our reasonable control.
21
