French Insurance Code
In forceClauses to be included in insurance contracts taken out in application of article L. 220-1 of the French Insurance Code instituting compulsory insurance for operators of funicular or cog railways, cable cars or other ski-lift equipment .
Art. 1. Purpose of the contract.
-By this contract and subject to the exclusions provided for in Article 4, the insured is covered against the pecuniary consequences of the civil liability which it may incur as a result of any bodily injury or material damage caused both to the users of the installation(s) designated in the special conditions and to any other person, during the operation of these installations, and resulting from :
1° accident, fire or explosion caused by the goods defined in article 3, by the accessories or products used in their operation and by the persons, objects or substances transported or hauled in;
2° the fall of these persons, equipment, accessories, products, objects or substances.
Art. 2 Amount of cover
-Subject to deduction, where applicable, of the excess per claim specified in the Declarations, cover is provided:
-with no limit on the amount for bodily injury ;
-up to the amount stated in the Specific Conditions in respect of damage to property.
Art. 3 Definitions.
1° Insured :
a) the natural or legal person who, fulfilling the conditions laid down in Article L. 220-1 of theInsurance Code and holding the authorisation provided for in Article 1 of Decree no. 61-1404 of 13 December 1961 amending Article 6 of the Decree of 30 December 1953 relating to secondary public transport of local interest and Article 1 of the Order of 25 July 1963 relating to the authorisations required for the construction and operation of cable cars, ski lifts or any other machines using carrying or hauling cables carrying passengers, is named in the Declarations ;
b) any person participating, under the orders and with the authorisation of the person mentioned in a) above, in all or part of the operation in question in the performance of their duties.
2° Property :
a) vehicles, cabins, seats, harnesses and towing devices which form part of the means of transport listed in article L . 220-1 of the Insurance Code ;
b) the corresponding rescue vehicles and equipment;
c) installations intended for the support, traction, steering and braking of the vehicles and machines mentioned in a) and b) above;
d) lifts when they are an accessory to the means of transport mentioned in this article.
3° Installations (within the meaning of Article 2 above):
All goods intended for the transport of passengers between two given points.
Art. 4 Exclusions.
-The contract does not cover :
a) damage caused to the operator or its legal representatives if it is a legal entity ;
b) damage caused to the spouse, ascendants and descendants of the persons mentioned in a) above and whose liability is incurred as a result of the loss;
c) loss or damage caused to the operator's employees, whether salaried or not, or to the staff of the inspection services, while on duty;
d) damage resulting from the direct or indirect effects of an explosion, the release of heat, irradiation resulting from the transmutation of atomic nuclei or radioactivity, as well as the effects of radiation caused by the artificial acceleration of particles;
e) damage caused by acts of terrorism or sabotage committed as part of concerted actions of terrorism or sabotage;
f) damage caused by means of transport other than those mentioned in Article R. 220-1 of the Insurance Code;
g) damage caused by a foreign war, civil war, riot or civil commotion;
h) in the case of each insured party, damage resulting from his or her wilful misconduct or gross negligence;
i) damage to the property referred to in 2° of Article 3 as well as to any other property belonging to or used by the liable insured party.
Art. 5 Safeguarding the rights of victims
-The following may not be invoked against victims or their beneficiaries:
1° excesses ;
2° forfeiture of rights due to a breach by the insured of its obligations committed after the loss;
3° the reduction in compensation provided for in article L. 113-9 of the Insurance Code in the event of an inaccurate or incomplete declaration of the risk.
In the above cases, the insurer pays the compensation on behalf of the liable insured. It may bring an action against the latter for reimbursement of all sums which it has thus paid or set aside on his behalf.
Art. 6 Certificate of insurance.
-The insurance certificate provided for in article R. 220-8 of the Insurance Code is issued free of charge to the policyholder within fifteen days of his or her request. any person participating, under the orders and with the authorisation of the person mentioned in a) above, in all or part of the operation in question in the exercise of his or her duties.
