TD® Aeroplan® Visa* Business
Cardholder Agreement
and Beneit Coverages
Guide
The
TD Aeroplan Visa Business
Cardholder Agreement
and Benefit Coverages Guide
This document contains important and useful information
about your TD Aeroplan Visa Business Card.
Please keep this document
in a secure place for future reference.
A copy of this document is also available
online at tdcanadatrust.com.
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This document includes:
TD Aeroplan Visa Business Cardholder Agreement
Deinitions
Using the Account
Unaut
horized Transactions
Credit Limit and Overlimit
Minimum Payment
Payment Due Date
Grace Period and Interest
Foreign Currency Transactions
Statements
How We Communicate with You
Lost or Stolen Cards
Making Payments
How We Apply Payments
Our Rights if you do not Follow this Agreement
Payments and Credits
Ownership of Card
Responsibility for Services
Electronic Services: Use and Protection of a Card, PIN or Password
Limits on our Damages
Pre-Authorized Payments
Cancelling Additional Cards
Changes to this Agreement and the Account
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Transf
er of Rights
Ending this Agreement
Liability
Headings
Enforceability
What Law Applies
Language (For Quebec Only)
Consent to TD Handling of Your Personal Information
and Privacy Policy
Automated Decision Making
NEXUS™ Application Fee Statement Credit
If You Have a Problem or Concern
Aeroplan Terms for Your TD Credit Card
Travel Medical Insurance Certiicate
Trip Cancellation/Trip Interruption Insurance
Flight/Trip Delay Insurance Certiicate
Common Carrier Travel Accident Insurance Certiicate
Delayed and Lost Baggage Insurance Certiicate
Emergency Travel Assistance Services
Auto Rental Collision/Loss Damage Insurance Certiicate
Purchase Security and Extended Warranty Protection
Mobile Device Insurance
Hotel/Motel Burglary Insurance
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T
his Cardholder Agreement is between you and The Toronto-Dominion Bank
(the
Bank, we, us or our). It applies to the Card and the Account.
The individual whose name is on the Card provided with this Agreement is
referred to as the Cardholder. The Business Borrower is the corporation,
partnership or sole proprietor that requested the Card and the Account as
indicated in our records.
The Individual Borrower(s) are the individual(s) who requested the Card
and the Account as indicated in our records. The Cardholder may also be
an Individual Borrower. An Additional Card is an additional Card that we
may issue in respect of the Account or associated with the Account at the
authorization of the Business Borrower or an Individual Borrower. The
individual whose name is on the Additional Card is referred to as the
Additional Cardholder. Each person who applied for a Card, whose name
is on the Account in our records, the Cardholder, the Business Borrower
and the Individual Borrower(s) are referred to as you, your and yours.
When you sign, activate or use the Card or the Account, it means that you
have received and read both this Cardholder Agreement and the
Disclosure Statement that together form the Agreement between you and
the Bank.
We may send you changes or replacements for this Agreement from time
to time. This Agreement replaces any previous Agreement between you
and the Bank.
1. DEFINITIONS
What these key words mean in this Agreement:
Account means the credit card account we open and maintain for the
Card.
Agreement means this Cardholder Agreement and the Disclosure
Statement for the Account.
Available Credit means the amount of credit that is available to you at any
time on the Account. It is the positive difference between the Credit Limit
and the Balance that is owed on the Account.
Balance means the total amount of all Transactions, fees, interest and
other amounts charged to the Account under this Agreement, less any
payments or other credits posted to your Account.
Balance Transfer means a Transaction where you request us to transfer
any balance that is owed on another credit card account to the Account.
The other credit card account cannot be an account with the Bank. A
Balance Transfer is treated as a Cash Advance. We may offer you a
promotional interest rate on a Balance Transfer, but if we do not, then the
annual interest rate that applies on the Account for Cash Advances applies
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to that Balance Transfer. If you accept a promotional offer on a Balance
Transfer, this Agreement will continue to apply to that Balance Transfer and
any additional terms we set out in the promotional offer will also apply to
that Balance Transfer.
Card means the credit card for the Account that we issue to you or any
renewal or replacement of that credit card.
Cash Advance means a Transaction where you withdraw cash from the
Account including through:
• any device such as an automated teller machine (ATM), phone, online
or mobile device;
• our branches and at other inancial institutions;
• a Balance Transfer;
• a TD Visa Cheque; or
• a Cash-Like Transaction.
Cash-Like Transaction means a Transaction to purchase items that are
similar to and can be converted into cash. Cash-Like Transactions include
casino gaming chips, money orders, wire transfers, travellers cheques and
gaming transactions (including betting, off-track betting and race track
wagers).
Payment Due Date means the date on which your payment is due as
shown on the statement for the Account.
Disclosure Statement means the document that we provide to you with
the Card that discloses information about the Card and the Account,
additional to what is in the Cardholder Agreement, including interest rates
and fees.
Purchase means any Transaction other than a Cash Advance.
TD Visa Cheque means a credit card cheque we may issue to you, that
you can use to: (i) pay for goods and services with your Card; or (ii) transfer
any balance on another credit card account to this Account. The other
credit card cannot be an account you have with the Bank. We may offer
you a promotional interest rate on your TD Visa Cheque, but if we do not,
then the annual interest rate that applies on the Account for Cash
Advances applies to your TD Visa Cheque. If you accept a promotional
offer on a TD Visa Cheque, this Agreement will continue to apply to that
TDVisa Cheque and any additional terms we set out in the promotional
offer will also apply to that TD Visa Cheque.
Transaction means any use of a Card or the Account to purchase goods or
services or make any other charges to the Account including a Purchase or
Cash Advance.
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2. USING THE ACCOUNT
Y
ou may use the Account for:
• Purchases;
• Cash Advances;
• Access to your other accounts at the Bank or our afiliates; and
• Any other purpose that we agree to.
Y
ou are responsible for and must pay us the Balance on the Account. If you
want another Cardholder or any other person to repay you for any amount
paid or owing on the Account, it is your responsibility, not the Bank’s, to
make the appropriate arrangements with that Cardholder or other person.
You must not allow any person other than a Cardholder to use the Account.
If a Cardholder lets someone else use the Account or a Card, you are still
responsible for any use of the Account or a Card, even if a Cardholder
wanted to limit that use.
A
lthough the Account is intended to be used by the Cardholder, if the
Business Borrower or an Individual Borrower uses the Account, you will all
be liable for each use of the Account.
Authority: We can let any Cardholder give us instructions for the Account
without the approval of or notice to the other Cardholders. In some cases,
we may only accept instructions from the Business Borrower or an
Individual Borrower. The Business Borrower, an Individual Borrower, or if we
permit, a Cardholder can request us to issue a Card to any person without
notice to any other person. We may limit the number of Cards issued on
the Account.
When you pay for goods and services using your Card number without
using your Card or entering your PIN (for example by mail, telephone,
Internet, mobile or any other electronic method), we will treat that use the
same as if you had shown your Card.
You may not use the Card before the valid from date or after the expiry
date shown on the Card. However, if any amounts are charged to the
Account before the valid from date or after the expiry date, you are
responsible for, and must pay us those amounts.
We can stop providing TD Visa Cheques at any time. We can also refuse
to process any TD Visa Cheque. We do not allow stop payments on
TD Visa Cheques.
If you use the Card outside of Canada to withdraw cash from the Bank or
with our afiliates, the withdrawal may be treated as a Cash Advance from
the Account, rather than a cash withdrawal from your other account
because of certain limitations in some countries.
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Y
ou agree not to use the Card or the Account for anything illegal or
fraudulent.
We may block use of the Card or the Account without telling you in
advance if we suspect illegal, unauthorized or fraudulent use of the
Account. This includes transactions relating to Internet gambling or where
we have any other reasonable grounds to do so.
You agree you will use the Card or the Account for business purposes and
not for personal, family or household purposes.
You should be aware that under U.S. Ofice of Foreign Asset Control (OFAC)
regulations, customers who are U.S. Citizens are subject to regulations that
limit the use of their Cards in certain jurisdictions sanctioned by OFAC, and
that similar regulations may exist in other jurisdictions that apply to their
citizens.
3. UNAUTHORIZED TRANSACTIONS
You are not responsible for unauthorized Transactions. A Transaction is
considered an “unauthorized Transaction” if we complete an investigation
and determine that:
• The Account was used by someone other than you;
• You did not receive any beneit from the Transaction;
• You co-operated fully with us in our investigation; and
• You followed your responsibilities under this Agreement, including in
these sections:
i. “Unauthorized Transactions”;
ii. “Using the Account”;
iii. “Electronic Services: Use and Protection of a Card, PIN or
Password”; and
iv. “Lost or Stolen Cards”.
You are also not responsible for any Transactions made on the Account
that occur after you promptly tell us that a Card has been lost or stolen
because we will also consider them unauthorized Transactions.
4. CREDIT LIMIT AND OVERLIMIT
We set the maximum amount that you can charge to the Account (the
“Credit Limit”).
The initial Credit Limit is on the Disclosure Statement. We may also set one
Credit Limit that applies both to the Account and to Additional Cards. We
may change the Credit Limit at any time without telling you in advance.
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W
e display the Available Credit on the statement. Your Available Credit
may not be up to date at all times including if a payment or other
Transaction has not yet been processed or posted to the Account. Some
merchants may pre-authorize the amount or estimated amount of a
Purchase and that will reduce the Available Credit. We can allow any
Transaction or the Balance to exceed the Credit Limit without telling you
irst, but we are not required to do so even if we have done so before. If we
allow any Transaction or the Balance to exceed the Credit Limit, you are
responsible for and must pay the amount that exceeds the Credit Limit on
or before the Payment Due Date.
The Account may be charged an overlimit fee, as shown on the Disclosure
Statement. Only one overlimit fee is charged per statement period. You
remain responsible for the Balance owing on the Account, whether or not it
exceeds the Credit Limit.
5. MINIMUM PAYMENT
You must pay at least the Minimum Payment shown on your statement on
or before each Payment Due Date. We calculate the minimum payment as
described in the Disclosure Statement.
6. PAYMENT DUE DATE
The Payment Due Date is shown on your statement. It is always at least
21days from your statement date. This time period may extend depending
on your payment activity. For example, if we do not receive payment of the
Balance shown on your statement on or before the Payment Due Date, the
Payment Due Date on your next statement will be 25 days after your
Statement Date. Any interest still applies during this period. When we
receive payment in full of your Balance on or before the Payment Due Date,
the number of days between the Statement Date and the Payment Due Date
on your next statement will revert back to your standard Grace Period (the
Grace Period is deined below). If the Payment Due Date falls on a Saturday,
Sunday or holiday in Canada, we will extend the Payment Due Date to the
following business day. Any interest still applies during this period.
7. GRACE PERIOD AND INTEREST
Grace Period
The Grace Period starts on the day after your Statement Date and ends on
your Payment Due Date (“Grace Period”). You have a Grace Period of at
least 21 days to make your payment.
Interest-Free Grace Period on New Purchases and Fees
We will not charge interest on new Purchases and fees that appear for the
irst time on your statement (“New Purchases”) as long as we receive
payment of the Balance shown on your statement on or before your
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P
ayment Due Date. If you pay an amount that is less than your Balance
shown on your statement, then we will charge interest on those New
Purchases starting from their transaction date until the amount of those
New Purchases is paid in full.
This interest-free Grace Period does not apply to Cash Advances. We
charge interest on Cash Advances as described in the “Interest on Cash
Advances including Balance Transfers, Cash-Like Transactions and
TDVisa Cheques” section.
How We Calculate and Charge Interest
Interest is calculated at the applicable annual interest rate(s), as initially
shown in the Disclosure Statement.
If interest applies, we calculate interest as follows:
• add the amount you owe each day in each Transaction category (for
example, the amount of Purchases or Cash Advances) and divide that
total by the number of days in your statement period (usually 30 or 31).
Thisis your average daily balance for the amount you owe in each
Transaction category (the “Average Daily Balance”).
• multiply the Average Daily Balance by the daily interest rate(s) that
applies (the daily interest rate(s) is equal to the annual interest rate(s)
divided by 365 (or 366 in a leap year)); then multiply the result by the
number of days in your statement period.
The total is the amount of interest we charge on each statement on the last
day of your statement period.
If different daily interest rate(s) apply to the Average Daily Balance, we use
the different daily interest rate(s) in our calculation (for example, a
promotional interest rate Balance Transfer will use a different daily interest
rate than your regular Purchases).
If interest is charged, we charge it on any amount you owe from the
transaction date until that amount has been paid in full.
We do not charge interest on interest.
If we do not receive the Minimum Payment within 30 days from the
Payment Due Date shown on your statement then:
a) The annual interest rate(s) that applies to the Account will go up 5%;
and
b) You will lose the beneit of any lower rate promotional offer on the
Account (including any offer made but not yet accepted by you).
The increased rate(s) will apply starting on the irst day of your next
statement period after the 30 day period from the missed payment. You
will continue to pay these higher interest rate(s) until you have paid the
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M
inimum Payment on or before the Payment Due Date shown on your
statement for two consecutive statements and then, your regular annual
interest rate(s) will apply starting on the irst day of your next statement
period after those two consecutive statements.
Interest on Cash Advances including Balance Transfers, Cash-Like
Transactions and TD Visa Cheques
We always charge interest on Cash Advances from the transaction date of
the Cash Advance until the amount of the Cash Advance is paid in full.
When you transfer funds from the Account through a Balance Transfer,
obtain a Cash-Like Transaction or use a TD Visa Cheque, we treat that
Transaction as a Cash Advance. If you are uncertain whether a Transaction
will be treated as a Cash Advance, please call us at 18009838472 or
collect at (416) 3077 722.
8. FOREIGN CURRENCY TRANSACTIONS
If you use the Account to make Purchases or obtain Cash Advances in
U.S.Dollars, Euros, Great British Pounds, Australian Dollars, or Mexican
Pesos, the foreign currency will be converted directly to Canadian Dollars
before it is recorded in the Account. If you use the Account to make
Purchases or obtain Cash Advances in any other foreign currency, the
currency will be irst converted to U.S. Dollars and then to Canadian Dollars
before it is recorded in the Account. Credits to the Account involving a
foreign currency will also be converted directly to Canadian Dollars, or irst
to U.S. Dollars and then to Canadian Dollars, depending on the foreign
currency involved as set out above.
For debit Transactions, currency will be converted by applying a rate
established by VISA plus a ixed percentage as shown in the Disclosure
Statement. For credit Transactions, currency will be converted by applying
a rate established by VISA minus a ixed percentage as shown in the
Disclosure Statement. As a result, for credit Transactions made in respect
of prior, related debit Transactions, the Canadian Dollar amount credited
to the Account will in most cases be less than the Canadian Dollar amount
that was originally debited to the Account. The rate that is used will be the
rate on the date that a Transaction is recorded in the Account and may be
different from the rate in effect on the date of the Transaction.
When we convert a Transaction, in some cases it will appear on your
statement displaying only the irst ive decimal places after the decimal
point, even though we used the more detailed calculation above.
9. STATEMENTS
We will provide one of you with a monthly statement if there has been any
activity on the Account during the last month or if you owe us or we owe
you more than $1.00 on the Account, except if, during any three-month
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p
eriod, there is an outstanding credit Balance on the Account that is less
than $10 and there has been no activity on the Account during that three-
month period, then we may provide one of you with a monthly statement
only at the end of that three-month period. Statements may not be given
on the same date in each month and therefore the Payment Due Date on
the statement may not always be the same.
You must immediately review each statement and tell us about any errors.
We will investigate errors that you tell us about within 30 days of the
statement date.
If you do not tell us about errors within 30 days of the statement date, we
will consider the statement, every item on it and our records to be correct
(except for any amount that has been credited to the Account in error). This
means that you may not make any claim against us after that 30-day period.
10. HOW WE COMMUNICATE WITH YOU
We will send statements and other communications by ordinary mail to any
one of you at the address in our records. We may, but are not obligated to,
send statements and other communications to more than one of you.
We may also send statements and other communications by another
method, including electronically, if we agree to. Communication with one
of you will be suficient.
Each of you and all Cardholders agree that the statement, information on
the statement and other communications or information about the
Account may be shared with you or any Cardholders without notice to you
or other Cardholders, if requested and if we agree, or are required to do so
by law.
You must tell us immediately about any address change or other
information to keep our records current. We are not responsible if you do
not receive a statement or other communication if we send it to the
address or other contact information we have in our records. For our
mutual protection, we may record telephone calls that relate to the Account.
If there is fraud or potential fraud on the Account, we may send you
communications by telephone, mail, email, SMS text message or any other
electronic communication method.
11. LOST OR STOLEN CARDS
You must tell us immediately by telephone or in writing if you know or
suspect that a Card is lost or stolen, or if you know or suspect that your Card
or the Account is being used without your authority. Our toll free number is
18009838472, or collect at (416) 3077722. Once you have told us that
your Card or Account is lost, stolen or used without your authority, we will
be able to prevent use of that Card and the Account number.
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12. MAKING PAYMENTS
We must receive payment on or before each Payment Due Date shown on
the statement. Payments to the Account can be made at any time.
P
ayments made by mail or at the branch, ATM or online banking service of
another inancial institution may take several days to reach us. You are
responsible to make sure that your payment is received by us on or before
the Payment Due Date. If a payment is made during our normal business
hours we treat it as made on the same day, otherwise we will treat the
payment as received by us on the next business day.
13. HOW WE APPLY PAYMENTS
We will apply payments on the Account irst towards your Minimum
Payment in the following order:
1) irst to any interest that appears on your statement;
2) second to any fees that appear on your statement;
3) third to any Transactions that appear on your statement, including any
amount that exceeds your Credit Limit or any past due amounts;
4) fourth to any fees and other Transactions that do not yet appear on
your statement.
In any of the above categories 1 to 4, the amounts with the lowest interest
rate(s) are paid irst before those with higher interest rate(s).
If you pay more than your Minimum Payment, once we have applied the
payment to the Minimum Payment, we will then apply any excess amount
to the remaining Balance on your statement, as follows:
i. All items that have the same interest rate(s) will be placed into the
same category. For example, if your Balance is made up of Purchases
and promotional Balance Transfers, then all items at your regular
interest rate for Purchases are placed in one category and all
promotional Balance Transfers are placed in a different category
because of the different interest rates that applies to each of them.
ii. We will then apply the excess payment to the different interest rate(s)
categories in section (i) above, in the percentage (%) the amount in
each category represents to the remaining Balance. For example, if
the amount of your Purchase category represents 70% of your
remaining Balance and the amount of your promotional Balance
Transfer category represents 30% of your remaining Balance, we
apply 70% of your excess payment towards the amount of the
Purchase category and 30% of your excess payment towards the
amount of your promotional Balance Transfer category.
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I
f you pay more than your Balance on your statement, we apply the excess
amount of your payment to Transactions that have not yet appeared on
your statement, in the same way as we have described above for
payments to the remaining Balance.
We can apply late or partial payments that we receive without losing any
rights we have under the Agreement or by law, to collect all amounts that
are owed to us on the Account.
14. OUR RIGHTS IF YOU DO NOT FOLLOW THIS AGREEMENT
If you do not make the minimum payment on or before the Payment Due
Date on your statement, or otherwise do not follow this Agreement, or if
anything occurs which causes us to believe that you will be unable to make
a payment or otherwise not be able to follow this Agreement:
a) we may require you to pay the entire Balance on the Account
immediately, plus interest on that Balance at the annual interest rate(s)
on the Account at that time;
b) we may, without notice, deduct money from any other account that
you have with us or any of our afiliates which would include any
member of the TD Bank Group, and use it to pay the amount that is
owing to us; and
c) you must pay all our legal expenses on a solicitor and own client basis
(including legal fees of our internal counsel) for attempting to collect
what is owing to us.
15. PAYMENTS AND CREDITS
If we owe you any amount on the Account (a “credit Balance”) we will not
pay you interest on that credit Balance. A credit Balance will not be insured
as a deposit. A credit Balance on the Account will not increase your
Available Credit or Credit Limit.
We are not responsible if you cannot access funds from the Account or a
credit Balance. You must not deposit a cheque or other item to the
Account to obtain a Cash Advance or otherwise use the Account if you
have any reason to believe that the cheque or other item will not clear.
16. OWNERSHIP OF CARD
The Card is our property. We can cancel or take the Card back or require
you to return the Card to us at any time.
17. RESPONSIBILITY FOR SERVICES
If you have any problems with Purchases on the Account, you must settle
them directly with the merchant. You must still pay us the full amount of the
Purchase, even if you have a dispute with the merchant.
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I
f a merchant gives you a refund and we receive a credit voucher from the
merchant, we will credit the Account with that refund. But, if interest is
charged on a Transaction that you are disputing with the merchant, we will
not refund the interest charged.
We do not treat credits from merchants as payments.
We are not responsible for beneits, services and coverages that other
companies provide for the Account. You must pay us any amount charged
to the Account for these beneits, services and coverages. These beneits,
services and coverages have their own terms set by the companies
providing them. You must settle any disputes directly with those
companies.
If we credit the Account, you agree that your rights and claims are
assigned to us and you will cooperate with us and sign any documents to
evidence that assignment before we credit the Account. However, we do
not have to credit the Account and if we do credit the Account, it does not
mean we will credit the Account in the future.
18. ELECTRONIC SERVICES – USE AND PROTECTION OF A CARD,
PIN OR PASSWORD
This section applies when you use a Card or the Account including if we
allow you to access or use the Card or the Account with a personal
identiication code such as a Personal Identiication Number (PIN) or
Connect ID, password, pass code or identiication code or other credentials
(all together the “Password”), through a terminal, including one that accepts
contactless payment cards, or other machine such as an ATM, telephone,
the Internet, or other electronic service including a mobile device.
a) For access to or use of the Account through EasyLine
®
telephone
banking, EasyWeb
®
Online banking, mobile banking or to make
electronic bill payments – the Bank’s Financial Services Terms applies
if the Cardholder has signed a Financial Services Agreement, or the
Cardholder and Electronic Financial Services Agreement applies if the
Cardholder has not signed a Financial Services Agreement.
b) Care and control of the Card, PIN and Password – You are responsible
for the care and control of the Card, PIN and Password. You must
maintain them safely at all times. This includes that you must:
• keep possession of the Card;
• keep your PIN and Password separate from the Card;
• keep your PIN and Password strictly conidential;
• take all reasonable precautions to make sure that no one inds out
your PIN or Password, including while you key in your PIN or
Password at an ATM or other machine or mobile device;
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•
avoid PIN or Password combinations that may be easily guessed by
others, such as birthdays, phone numbers, age, social insurance
number, etc.;
• make sure that each PIN or Password is unique; and
• contact us immediately if your Card is lost or stolen or your PIN or
Password becomes known to any other person other than you.
c) Your responsibility for use of the Card, PIN and Password – You are
responsible for all authorized activity or other Transactions resulting
from use of the Card or PIN or Password by any person, including any
entry error or fraudulent or worthless deposit at an ATM or other
machine or device. When you promptly tell us that your PIN, Password
or Card is lost or stolen or may have become known to an
unauthorized person, we will block the use of the Card, PIN or device,
to prevent use of your Account number. See the “Unauthorized
Transactions” section for your responsibility for unauthorized
Transactions.
d) Account activity – Our records are the inal proof of use of a Card or
the Account, including electronic services. They are evidence of your
written request to perform a Transaction. Even if you are provided with
a Transaction receipt or other conirmation, through an ATM or other
machine or device, the following still applies to all Transactions or
other activity on the Account:
• our acceptance, count and veriication of Transactions or deposits
is deemed correct and binding unless there is an obvious error; and
• transactions or other activity on the Account through an ATM or
other machine or device may be credited or debited by us to the
Account on a date determined by us. This date may be different
than the date on which you used the ATM, or other machine or
device.
e) Veriied by Visa – You must register for and use the Veriied by Visa*
program to access or use the Account for Internet transactions with
merchants participating in the Veriied by Visa program. The Veriied
by Visa Cardholder Terms of Services applies when you access or use
the Account for the Veriied by Visa program.
19. LIMITS ON OUR DAMAGES
We are not responsible for any damages (including special, indirect or
consequential damages) from:
• any failure, error, malfunction or inaccessibility of any Card, ATM,
terminal or other machine or equipment including a mobile device, or
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•
if, for any reason your Card is not accepted, or you cannot use the
Account for any reason, even if we knew that damage was likely or the
damage was a result of our negligence or the negligence of our
employees, agents or representatives.
20. PREAUTHORIZED PAYMENTS
You are responsible for all pre-authorized payments (PAPs) charged to the
Account. This includes PAPs charged to the Account before the Agreement
is cancelled or after the Agreement ends, or charges by any Additional
Cardholder or those that are made after an Additional Card has been
cancelled, unless the merchant receives a written request from you to
cancel the PAP before the PAP is charged to the Account.
You must contact a merchant in writing if you want to cancel any PAP and
then check the statement to conirm the PAP was cancelled. If the PAP was
not cancelled, we may be able to assist you if you provide us with a copy of
the written cancellation request you sent to the merchant. You must
provide merchants with adequate, correct and up-to-date information for
any PAPs, including if your Card number or Card expiry date changes.
However, if you have a PAP with a merchant and your Card number or Card
expiry date changes, you agree that we may, but we are not required to,
provide that merchant with your new Card number or Card expiry date
including by using the updating service provided to us through your Card’s
payment card network. We are not responsible if any PAPs cannot be
posted to the Account. You must settle any dispute or liability you may
have for the Transactions relating to those PAPs directly with the merchant
involved.
21. CANCELLING ADDITIONAL CARDS
We may cancel an Additional Card, or limit access to the Account by an
Additional Card at any time without telling you in advance. The Business
Borrower or Individual Borrower, or if we permit, the Additional
Cardholder, may also cancel an Additional Card and conirm that the
Additional Card is in the possession of the Business Borrower or Individual
Borrower or has been destroyed. In either case, cancelling an Additional
Card will not affect your obligation to pay us all amounts owing on the
Account for Transactions by any Additional Cardholder even if you are
unable to cancel, obtain or destroy that Additional Card.
22. CHANGES TO THIS AGREEMENT AND THE ACCOUNT
We may make changes to this Agreement at any time. We will tell you
about a change in the statement or by other notice to you. We will provide
advance notice of a change if required by law and for other changes, we
will provide you with advance notice unless we are not able to do so. Your
regular annual fee, annual interest rate(s), fees and other charges for the
16
A
ccount are shown on the initial Disclosure Statement. If we increase your
annual fee, annual interest rate(s), fees or any other charges for the
Account, we will provide you with advance notice of those changes.
If you sign, use or activate any Card or the Account, if your Account
remains open, or if any Balance owing on the Account remains unpaid
after the change is made, it will mean you have accepted any change to
the Agreement.
Beneits, services and coverages for the Account may also change or end.
We will provide you notice of a change in your statement or in some other
way, after the change is made, unless we must provide advance notice
bylaw.
23. TRANSFER OF RIGHTS
We may transfer, sell or otherwise assign all of our rights under this
Agreement. If we do so, we may disclose information about you and the
Account to anyone to whom we assign our rights.
24. ENDING THIS AGREEMENT
We may end this Agreement, close the Account or limit your right to access
the Account at any time without telling you in advance. Any one of you
may also end this Agreement by telling us in writing.
Even if this Agreement is cancelled, you are still responsible to pay all
amounts owing on the Account.
When the Agreement ends, beneits, services and coverages will
automatically end, or we can cancel or change them at our discretion.
25. LIABILITY
Each of you (the Cardholder, the Business Borrower and the Individual
Borrower(s)) will be liable jointly and severally (individually and
collectively) with each other for payment of all amounts owed to us
under this Agreement. The Business Borrower and the Individual
Borrower(s) will be liable jointly and severally (individually and
collectively) with each other for payment of all amounts owed to us
under the agreements in respect of any Additional Cards.
26. HEADINGS
The headings to each section of this Agreement are added for
convenience and do not change the meaning of any sections of this
Agreement.
27. ENFORCEABILITY
If it is found by a court that any portion of this Agreement is invalid or
cannot be enforced, the remainder of the Agreement will remain valid.
17
28. WHAT LAW APPLIES
The laws of the province or territory in Canada where you live or where you
most recently lived and the laws of Canada apply to this Agreement. If you
have not lived in Canada, the laws of the Province of Ontario and Canada
apply to this Agreement.
29. LANGUAGE: (FOR QUEBEC ONLY)
It is the express wish of the parties that this Agreement and any directly or
indirectly related documents be drawn up in English. Les parties ont
exprimé la volonté expresse que cette convention et tous les documents s’y
rattachant directement ou indirectement soient rédigés en anglais.
30. CONSENT TO TD HANDLING OF YOUR PERSONAL INFORMATION
AND PRIVACY POLICY
You consent to Our Privacy Policy. You agree that TD (which includes
The Toronto-Dominion Bank and afiliated companies) may handle your
personal information as we set out in our Privacy Policy. You can ind our
Privacy Policy online at td.com/privacy.
You have choices. The Privacy Policy outlines your options, where
available, to refuse or withdraw your consent.
Here is a summary of our Privacy Policy.
We collect, use, share and retain your information to:
• Identify you
• Process your application
• Provide you ongoing service
• Communicate with you
• Personalize our relationship
with you
• Improve TD products and services
• Protect against fraud, inancial abuse
and error
• Manage and assess our risks
• Meet legal and regulatory obligations
We collect information (for the purposes set out above) from you and
others including:
• Payment card networks
• Lenders
• Insurers
• Fraud prevention agencies
and registries
• Any other people you have allowed us
to contact
• From your interactions with us,
including on your mobile device or the
Internet, cameras at our property and
records of your use of our products
and services
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We may share your information (for the purposes set out above) with
these parties. Some of them may be located outside your province/
territory or outside Canada:
• TD afiliates
• F
raud prevention agencies
and registries
• Lenders
• Companies that we work with to
provide products or services
• Insurers
• Payment card network
We retain your information:
We keep your information for as long as we reasonably need it for the
purposes set out above.
We may communicate with you:
We may communicate with you about your application. And about your
existing and other products and services that may be of interest to you. We
may contact you by mail, phone at the number(s) you have provided, text,
email or other electronic methods.
You can opt out of receiving offers or choose how we contact you for
marketing campaign purposes. To do so, visit a TD branch. Or call us
at18662223456.
Credit Consent
You consent to credit checks: You consent to us doing credit checks on
you. We can do credit checks when you apply and on an ongoing basis.
This helps us to:
• Assess your eligibility and
creditworthiness
• Establish credit and hold
limits
• Help us collect a debt or
enforce an obligation owed
to us by you
• Prevent and address fraud
• Identify products and services that
may be of interest toyou
• Manage and assess our risks
• Understand your needs and
personalize our products and services
to you
When we do a credit check, we will give your information to credit bureaus
and other lenders. They will give reports and information to us about you.
You may not withdraw your consent to this ongoing exchange of
information once you have applied for any credit product with us.
You may ask a credit bureau to let you see your credit report. You can also
ask them to correct any errors in it. Contact the credit bureaus at
co
nsumer.equifax.ca or transunion.ca.
19
If you have concerns about consenting to a credit check at this stage, visit
a TD branch. Or call us at 18662223456 for more information.
ADDITIONAL INFORMATION AND DISCLOSURES FOR TD AEROPLAN
C
ARDHOLDERS:
You acknowledge and consent to the following additional collection, use
a
nd disclosure of Information about you.
When you complete your TD Aeroplan credit card account application, you
provide us with contact information including name, mailing address,
email address, telephone number, date of birth and Aeroplan number (if
you have provided it). This contact information will be shared with Aeroplan
Inc. and Air Canada Inc. (collectively, “AirCanada”) as part of the Aeroplan
program enrollment process.
When you are approved for your credit card account, TD and Air Canada
will share Information with each other, including Information about
transactions on your Card (for example, the purchase amount, transaction
date, location and name of merchants), and your Aeroplan program
transactions and Information (for example, your Aeroplan points, earnings
or redemptions and Aeroplan status). This Information is shared for the
purposes set out in TD’s, Aeroplan’s, and Air Canada’s privacy policies,
including administering and supporting the Aeroplan program, enhancing
each of TD and Air Canada’s products and services, providing promotional
materials and offers, internal reporting and analytics, and for the purposes
set out in the Cardholder Agreement for the Account.
Air Canada will share your contact information as well as Information
about your interests and preferences, and insights about your purchasing
and travel patterns (such as whether you are a frequent or luxury traveler)
with AirCanada’s airline and travel-related afiliates. Air Canada’s afiliates
will use that Information to personalize their relationship with you, including
providing you with tailored, travel-related offers.
Information that is provided directly to Air Canada or that Air Canada
obtains about a Cardholder as a member of the Aeroplan program
(including as a potential member) is governed by Aeroplan’s Privacy Policy
at A
irCanada.com/aeroplan-privacypolicy
and Air Canada’s Privacy
Policy at AirCanada.com, and is not the responsibility of TD. Please refer to
these privacy policies:
• If you have any questions or would like to learn more about the
Aeroplan program’s or Air Canada’s privacy practices;
• If you no longer wish to be contacted by Aeroplan Inc., Air CanadaInc. or
its airline and travel-related afiliates about their products and services; or
• To learn about the choices you have about Air Canada Inc.’s sharing
of your Information with its airline and travel-related afiliates.
20
31. AUTOMATED DECISION MAKING
To provide our products and services, we use tools that allow us to
automate the processing of your personal information to make decisions
about you in real time, including, for example, to assess whether to
approve your application, to establish pricing, or to manage your product.
To learn more about our automated decision processes, please visit a
TDbranch. Or call us at 18662223456 for more information.
32. NEXUS™ APPLICATION FEE STATEMENT CREDIT
NEXUS means the expedited border control program for low risk,
pre-approved travellers that is offered jointly by the Canada Border
Services Agency and the U.S. Customs and Border Protection.
Subject to the limit set out below, each Primary Cardholder and Additional
Cardholder will receive one (1) statement credit for the amount posted to
the Account, up to a maximum value of $100 CAD, for a NEXUS application
fee regardless of NEXUS application approval.
Limitations of statement credits:
To be eligible for the statement credit, the Account must be in good
standing at the time the NEXUS application fee is charged and posted on
the Account.
There is a maximum of one (1) statement credit available when a qualifying
NEXUS application fee is posted to the Account in any given 48-month
period. The 48-month period starts when the irst qualifying NEXUS
application fee is posted to the Account.
The terms of the NEXUS program are established by NEXUS and not TD.
TD has no control over the NEXUS program including, but not limited to,
eligibility requirements, application approval process, enrollment, renewals,
cancellation of NEXUS program memberships, fees (including penalties), or
any changes to the terms and conditions under the NEXUS program. For
NEXUS terms and conditions, please visit
www.cbsa-asfc.gc.ca/prog/nexus/term-eng.html
33. IF YOU HAVE A PROBLEM OR CONCERN
If you have a problem or concern you may call us toll free at
18662223456, email us at customer.servic[email protected], or visit us at
any branch. For a more detailed overview of our complaint process visit us
at www.td.com
**
Financial Consumer Agency of Canada – If you have a complaint
regarding a potential violation of a consumer protection law, a public
commitment, or an industry code of conduct, you can contact the
Financial Consumer Agency of Canada (FCAC) in writing at 6th Floor,
Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario K1R 1B9.
21
The FCAC can also be contacted by telephone at 18664613222 (en
français 18664612232) or through its website at www.fcac-acfc.gc.ca.
The FCAC will determine whether we are in compliance. It will not, however,
resolve individual consumer complaints.
** For your protection, do not send conidential or personal information
(such as your Account number) via email, as it is not a secure method of
communication. If your request is urgent or requires disclosure of
conidential information for resolution, please phone us.
AEROPLAN TERMS FOR YOUR TD CREDIT CARD
Deinitions: What the words in this section mean:
Aeroplan Member Account means the membership account opened
under the Aeroplan program for any owner (Individual Borrower) or the
business (Business Borrower) of this Account (i.e., the Account maintained
by TD for the Card) or any Cardholder on the Account and any associated
membership card(s) or number(s). Any owner or business will designate for
TD the Aeroplan Member Account that will be associated with this
Account. The designated Aeroplan Member Account will be awarded
Aeroplan points under these Aeroplan Credit Card Terms and this Agreement.
Only the designated Aeroplan Member Account will be awarded Aeroplan
points as described in this Agreement.
Aeroplan points means the points awarded through the Aeroplan program
which can be redeemed for rewards. Aeroplan points have no monetary
value.
Aeroplan program means the program that is owned and operated by
A
eroplan Inc. (Aeroplan) and associated with the Card(s) and this Account
and it includes all Aeroplan program privileges and beneits including
Aeroplan points.
Agreement means (i) the terms of the Cardholder Agreement including
these Aeroplan Terms for Your TD Credit Card, and (ii) the applicable terms
of the Aeroplan program.
Purchase of Travel or Dining or Air Canada Products, or Purchases of
Shipping, Internet, Cable and Phone services, means a Purchase of travel
or travel related services, or a Purchase of dining items including those at
restaurants, or a Purchase from Air Canada or of any of Air Canada’s
products and services, or a Purchase of shipping, Internet, cable and
phone services used for your business, each from a merchant classiied
through the Visa network with a merchant category code (MCC) that
identiies the merchant in the “travel” or “dining” or “AirCanada” or
“shipping, internet, cable and phone services” category.
22
Aeroplan Terms for Your TD Credit Card and Aeroplan Credit Card Terms
means the terms in this section of your Cardholder Agreement that apply
to the Card(s) and this Account.
We, us, our, the Bank and TD means The Toronto-Dominion Bank.
Aeroplan program
The terms of the Aeroplan program are established by Aeroplan not the
Bank. A Cardholder should carefully read those terms because they are in
addition to these Aeroplan Credit Card Terms and form part of the
Agreement with each Cardholder.
We are not responsible for the Aeroplan program, Aeroplan points, the
terms of the Aeroplan program, including the expiry or cancellation of
Aeroplan points, the cancellation or termination of the Aeroplan program
for any reason or any changes, reductions or cancellations to the Aeroplan
program or Aeroplan points, including to rules, redemption conditions,
beneits, features or services of the Aeroplan program.
For more information about the Aeroplan program or if you have any
questions, concerns or disputes about the Aeroplan program or Aeroplan
points, please contact Aeroplan directly.
Earning Aeroplan points
Aeroplan points are earned on Purchases charged to the Account as
follows:
• 2 Aeroplan points (Air Canada Bonus Rate) earned for each $1 in
Purchases of Air Canada Products; or
• 1.5 Aeroplan points (Bonus Rate) earned for each $1 in Purchases of
Travel or Dining Products or Purchases of Shipping, Internet, Cable
and Phone Services; or
• 1 Aeroplan point earned for each $1 in all other Purchases.
• Air Canada Bonus Rate and Bonus Rate are earned only on a
maximum annual amount of $80,000 of Purchases of Air Canada
Products, Travel or Dining Products, or Purchases of Shipping, Internet,
Cable and Phone Services.
P
lease contact TD if you wish to conirm the MCC that applies to a
particular merchant, or if the Purchase qualiies as a Purchase of Travel,
Dining or Air Canada Products or Purchases of Shipping, Internet, Cable
and Phone Services. If you have earned Aeroplan points on the maximum
annual amount of Purchases of Travel, Dining or Air Canada Products, or
Purchases of Shipping, Internet, Cable and Phone Services, charged to
your Account (from January 1 to December 31) or if your Purchase does not
qualify as a Purchase of Travel, Dining or Air Canada Products, or a
Purchase of Shipping, Internet, Cable and Phone Services, you will instead
23
earn the standard rate of Aeroplan points that applies to all other
Purchases charged to the Account as described above. The Air Canada
Bonus Rate and Bonus Rate are in place of and not in addition to the
standard rate of Aeroplan points earned on all other Purchases charged to
the Account.
All fees, Cash Advances (including Balance Transfers, TD Visa Cheques
and Cash-Like Transactions), interest charges, optional services, refunds,
rebates or other similar credits on the Account do not earn Aeroplan points
unless there is a special offer made by us.
Credits for refunds, returned items, rebates and other similar credits will
reduce or cancel the Aeroplan points earned by the full or partial amount
originally charged to the Account. For example, if you make a Purchase
using the Card (for example a $1,000 Purchase that is charged to the
Account) you will earn Aeroplan points on the entire amount of that
Purchase ($1,000). However, if you then return a portion of that Purchase
and receive a credit to the Account (for example a $200 credit), then we
will reduce the amount of Aeroplan points that you earned for that
Purchase and you will only earn Aeroplan points on the net amount of that
Purchase ($800).
The Account must be in good standing to earn Aeroplan points under
these Aeroplan Credit Card Terms. The Account will cease to earn
Aeroplan points if we, the owner of the Account or the Cardholder ends the
Agreement.
How to Redeem Aeroplan points
Aeroplan points must be redeemed through the Aeroplan program. The
terms of the Aeroplan program will apply to any Aeroplan points redeemed.
Awarding Aeroplan points
Aeroplan points earned under the Agreement will be awarded to the
Aeroplan Member Account as described in theAgreement.
Aeroplan points Balances
We are not responsible for the Aeroplan points balance in your Aeroplan
Member Account. However, we can request that Aeroplan adjust that
balance if, at any time, we notice there is any error in the Aeroplan points
awarded under these Aeroplan Credit Card Terms to that Aeroplan
Member Account.
Changes and Termination
We reserve the right to change any of the terms of these Aeroplan Credit
Card Terms, in whole or in part, with or without prior notice, for any reason.
However, when no prior notice is provided, we will make every effort to
inform you of such changes as soon as possible after they are made. We
24
may terminate these Aeroplan Credit Card Terms at any time. If these
Aeroplan Credit Card Terms are terminated, you must contact Aeroplan
about the Aeroplan program and the Aeroplan points that you earned
under these Aeroplan Credit Card Terms.
We reserve the right to cancel or make changes to these Aeroplan Credit
Card Terms or the Aeroplan points earned under these Aeroplan Credit
Card Terms, without notice, for any reason, including if you abuse these
Aeroplan Credit Card Terms privileges, do not comply with the Agreement,
misrepresent any information provided by you or if you conduct yourself in
a manner detrimental to us or to the interests of these Aeroplan Credit
Card Terms.
Liability for Third Parties or Purchases; Limitation of Liability; Cancelling
this Agreement
We accept no responsibility or liability for the Aeroplan program or
Aeroplan points, including the failure of any third party service provider,
agent, partner or supplier, including Aeroplan, or for any other actions,
errors or omissions.
We will not, under any circumstances, accept any responsibility or liability
for any loss or damage caused by goods or services supplied or requested
in connection with the Aeroplan program or these Aeroplan Credit Card
Terms.
We are not responsible or liable for any loss suffered by a Cardholder or a
third party as a result of these Aeroplan Credit Card Terms, including the
termination or cancellation of a Card, the Account, the Aeroplan program,
Aeroplan points, for any Purchase (including a Purchase of Travel, Dining,
or Air Canada Products or a Purchase of Shipping, Internet, Cable and
Phone Services, or any third party service providers, suppliers, agents or
partners that support such Purchase. We will not be liable for any damages
(including special, indirect or consequential damages) for theAgreement.
A Cardholder, owner or the business may lose these Aeroplan Credit Card
Terms privileges if they do not comply with the Agreement. We may make a
claim against a Cardholder, owner or the business if they do not comply
with this Agreement.
We may cancel or terminate the Agreement, any Account or a Card at any
time.
25
TRAVEL MEDICAL INSURANCE
For Covered Trips of 15 days or less for people under 65 years of age, and
For Covered Trips of 4 days or less for people 65 years of age or older.
Coverage under this Certiicate is provided by:
TD Life Insurance Company (Insurer)
320 Front Street West, 3
rd
Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Global Excel Management Inc. (Administrator)
73 Queen Street, Sherbrooke, QC J1M 0C9
Phone: 18663741129 or (416) 9774425
Certiicate of Insurance
This Certiicate applies to the TD Aeroplan Visa Business Card which will be
referred to as a “TD Credit Card” throughout the Certiicate.
TD Life Insurance Company (“TD Life”) provides the insurance for this
Certiicate under Group Policy No. TGV002 (the “Group Policy”).
Our Administrator administers the insurance on behalf of TD Life, and
provides medical and claims assistance, claims payment and
administrative services under the Group Policy.
This Certiicate contains important information. Please read it carefully and
take it with You on Your trip.
I
MPORTANT NOTICE – PLEASE READ CAREFULLY
• T ravel insurance is designed to cover losses arising from sudden
and unforeseeable circumstances. It is important that you read and
understand your Certiicate before you travel as your coverage may
be subject to certain limitations or exclusions.
• Y our policy may not provide coverage for Medical Conditions and/or
symptoms that existed before your trip. Check to see how this
applies in your Certiicate and how it relates to your Departure Date.
Please see sections 6 and 7 of this Certiicate for details. Should you
have any questions or need further clariication, please contact Our
Administrator at 18663741129 or at (416) 9774425.
• In t he event of an accident, injury or sickness, your prior medical
history may be reviewed when a claim is made.
26
IMPORTANT NOTICE – PLEASE READ CAREFULLY
If a Medical Emergency occurs, You, or if applicable, an Insured Person,
must phone Our Administrator immediately, or as soon as is reasonably
possible, or the Maximum Beneit Payable will be reduced to $30,000,
and only 80% of the Eligible Medical Emergency Expenses will be covered.
You can call Our Administrator 24hours a day, seven days a week at
18663741129 from Canada or the USA, or from other countries by
calling collect at (416) 9774425. Please see section 8 for further details.
SECTION 1 – SUMMARY OF BENEFITS
Beneit
Medical Emergency Insurance
Maximum Beneit Payable
$2,000,000 per Insured Person
per Covered Trip.
SECTION 2 – DEFINITIONS
In this Certiicate:
Account means the Account owned by the Account Holder that the Bank
maintains with respect to a TD Aeroplan Visa Business Card.
Account Holder means the person who was issued a TD Credit Card,
whose name is on the Account and who is a resident of Canada. The
Account Holder may be referred to herein using “You” and “Your”.
Administrator means the company We select to provide medical and
claims assistance, claims payment, administrative and adjudication
services under the Group Policy.
Bank means The Toronto-Dominion Bank.
Certiicate means this certiicate of insurance.
Coverage Period means the period of time during which a Medical
Emergency must occur for a beneit to be payable. This period is deined in
section 5 – THE COVERAGE PERIOD.
Covered Trip means a trip:
• made by an Insured Person outside their province or territory of residence;
• that does not exceed the Maximum Number of Covered Days,
including the departure date; and
• that does not extend to or past:
• the date the Insured Person no longer meets the eligibility
requirements set out in section 3 – ELIGIBILITY; or
• the date coverage terminates as described in section 4 – WHEN
COVERAGE TERMINATES.
27
N
ote: In the event of a claim, the Insured Person will be required to
submit proof of the departure. Only a Medical Emergency occurring
during a Covered Trip will be eligible for consideration. Note that the day
of departure counts as a full day for this purpose.
Exclusions:
• Coverage is only provided under the Group Policy if the Medical
Emergency occurs within the Maximum Number of Covered Days that
the Insured Person is irst away from his or her province or territory of
residence. Note that the day of departure counts as a full day for this
purpose.
Note: If the Insured Person’s trip exceeds the Maximum Number of
Covered Days, the Insured Person may want to purchase separate
insurance under a different TD Life group policy for the number of days
that the trip will exceed the Maximum Number of Covered Days. Different
terms and conditions will apply and, depending on the Insured Person’s
age and the length of their trip, the Insured Person may be required to
provide information about their health. Call TD Life prior to Your
departure date at 18663741129 for more information or if You would
like to obtain a quote.
Departure Date means the date the Insured Person left their home
province or territory.
Dependent Children means Your natural, adopted, or step-children
whoare:
• unmarried;
• dependent on You for inancial maintenance and support; and
• who are:
• under 22 years of age; or
• under 26 years of age and attending an institution of higher
learning, full-time, in Canada; or
• mentally or physically handicapped.
Note: A Dependent Child does not include a child born while the child’s
mother is outside her province or territory of residence during the
Covered Trip. The child will not be insured with respect to that trip.
Dollars and $ mean Canadian dollars.
Effective Date means the date this Certiicate takes effect with respect to
You, which is the date an Account is opened by the Bank for You and You
meet the eligibility requirements set out in section 3 – ELIGIBILITY with
respect to this Account.
28
Eligible Medical Emergency Expenses are deined in section 6 – WHAT
YOUR INSURANCE COVERS – EMERGENCY MEDICAL INSURANCE.
Emergency Medical Beneit i
s deined in section 6 – WHAT YOUR
INSURANCE COVERS – EMERGENCY MEDICAL INSURANCE.
Government Health Insurance Plan (GHIP) means a Canadian provincial
or
territorial health insurance plan.
Group Policy means the Group Policy Policy No. TGV002 issued by Us for
the Bank.
Good Standing: An Account is in Good Standing if:
• the Bank has approved and opened the Account;
• the Account Holder has not advised the Bank to close the Account;
and
• the Bank has not suspended or revoked credit privileges or otherwise
closed the Account.
Hospital means
• a n institution that has been accredited and licensed by the
appropriate authority as a Hospital to treat patients on an in-patient,
outpatient and emergency basis; or
• the nearest appropriate medical facility that has been approved in
advance by our Administrator.
Note: Hospital does not include chronic care, convalescent or nursing
home facilities.
Hospitalized means conined as an in-patient in a Hospital.
Insured Person means a person who is eligible to be insured under this
Certiicate as described in section 3 – ELIGIBILITY.
Maximum Number of Covered Days means 15 consecutive days for
Insured Persons under 65 years of age and 4 consecutive days for Insured
Persons 65 years of age or older. The departure date counts as one full day
for this purpose. Age will be measured as of the date of departure for this
purpose.
Medical Condition means any injury, illness, or disease; complication of
pregnancy within the irst 31 weeks of pregnancy; a mental or emotional
disorder, including acute psychosis that requires admission to a Hospital.
Medical Emergency means any unforeseen illness or accidental bodily
injury occurring during a Covered Trip that requires immediate emergency
medical treatment by a Physician.
29
Physician means a doctor or surgeon who is registered or licensed to
practice medicine in the jurisdiction where he or she provides medical
advice or Treatment and who is not You or related by blood or marriage to
any Insured Person under this Certiicate.
Pre-Existing Condition means a Medical Condition:
• for which symptoms appeared in the Pre-Existing Condition Period;
• which was investigated, diagnosed or Treated during the Pre-Existing
Condition Period; or
• for which further investigation was recommended or prescribed, or for
which a change in Treatment was recommended (including a change
in medication or its dosage) during the Pre-Existing Condition Period.
Pre-Existing Condition Period is the period of time (outlined below) that
ends immediately before the Coverage Period. The Pre-Existing Condition
Period is:
• Insured Persons under 65 years of age – 90 days immediately before
the beginning of the Coverage Period; and
• Insured Persons 65 years of age or older – 180 days immediately
before the beginning of the Coverage Period.
Reasonable Charges means charges incurred for a Medical Emergency
that are comparable to what other providers charge for comparable
treatment, services or supplies in the same geographical area.
Spouse means:
• the Insured Person’s legal husband or wife; or
• t he person who the Insured Person has lived with for at least one year
and publicly represented as his or her domestic partner.
Stable means any Medical Condition or related condition (whether or not
the diagnosis has been determined)
for which there have been:
• no new or change in medication or dosage;
• no new or change in Treatment;
• no new or increase in frequency or severity of symptoms;
• no referral or recommendation to see a specialty clinic or specialist;
• no pending test results or testing; or
• no pending surgery or other Treatment.
Travelling Companion means the person who is sharing travel
arrangements with You (to a maximum of three people including You).
30
T
reated or Treatment means any medical, therapeutic or diagnostic
procedure prescribed, performed or recommended by a Physician, including
but not limited to prescribed or unprescribed medication, investigative
testing and surgery. The term “treatment” does not include the unaltered use
of prescribed medication for a Medical Condition which is Stable.
We, Us and Our mean TD Life Insurance Company.
You and Your mean the Account Holder.
SECTION 3 – ELIGIBILITY
The Account Holder is eligible to be insured under this Certiicate if,
throughout the Covered Trip, the Account Holder:
• is a resident of Canada;
• is covered by a Canadian provincial or territorial government health
insurance plan; and
• has an Account in Good Standing.
The Account Holder’s Spouse is eligible to be insured under this Certiicate
if, throughout the Covered Trip:
• the Account Holder is eligible to be insured under this Certiicate as
described above, even if the Account Holder is not travelling; and
• the Spouse:
• is a resident of Canada;
• is covered by a Canadian provincial or territorial government health
insurance plan; and
• continues to meet the deinition of Spouse of the Account Holder.
The Account Holder’s Dependent Child is eligible to be insured under this
Certiicate if, throughout the Covered Trip:
• the Account Holder is eligible to be insured under this Certiicate as
described above; and
• the Dependent Child:
• is a resident of Canada;
• is covered by a Canadian provincial or territorial government health
insurance plan;
• is travelling with either the Account Holder or with the Account
Holder’s Spouse; and
• continues to meet the deinition of Dependent Child.
Note: If a Dependent Child is born while the child’s mother is outside
of her province of residence, the Dependent Child will not be insured
with respect to that trip.
31
Coverage after the Maximum Number of Covered Days
• T
his Certiicate does not offer any coverage after the end of the
Maximum Number of Covered Days.
• If an Insured Person under age 65 is planning a trip that will last more
than 15 days, or an Insured Person aged 65 or older is planning a trip
that will last more than 4 days, the Insured Person may want to
purchase separate insurance for the number of days that the trip will
exceed the Maximum Number of Covered Days.
• Coverage may be available under a different TD Life group policy.
Different terms and conditions will apply and, depending on the
Insured Person’s age and the length of their trip, the Insured Person
may be required to provide information about their health. Call TD Life
prior to Your departure date at 18663741129 for more information
or if You would like to obtain a quote.
SECTION 4 – WHEN COVERAGE TERMINATES
Coverage for the Account Holder under this Certiicate will terminate on
the earliest of the following dates:
• the date the Account is cancelled, closed or otherwise ceases to be in
Good Standing;
• the date You cease to be eligible for coverage; and
• the date the Group Policy terminates.
Coverage for an Insured Person other than the Account Holder under this
Certiicate will terminate on the earliest of the following dates:
• the date coverage terminates for the Account Holder; and
• the date the Insured Person ceases to be eligible for coverage.
No beneits will be paid under this Certiicate for losses incurred after
coverage has terminated.
SECTION 5 – THE COVERAGE PERIOD
The Coverage Period begins when the eligible Insured Person departs on a
Covered Trip.
NOTE: The Insured Person’s trip may be longer than the Maximum
Number of Covered Days (15 consecutive days for Insured Persons under
age 65, and 4 consecutive days for Insured Persons aged 65 or older).
However, only a Medical Emergency occurring within the irst Maximum
Number of Covered Days following the Departure Date will be
considered. The Departure Date counts as a full day for this purpose.
Dependent Children are only covered while travelling with You and/or
Your Spouse.
32
The Coverage Period ends on the earlier of:
• the date the Insured Person retu
rns from the Covered Trip;
• the end of the Maximum Number of Covered Days for that Insured
Person, except as described below;
• the date the Group Policy terminates.
However, if an Insured Person is suffering from a Medical Emergency at the
end of th
e Maximum Number of Covered Days for that Insured Person (the
“Termination Date”), then the Coverage Period:
• for that Insured Person; and
• for any other Insured Person if
• our Administrator has approved a Travelling Companion Beneit for
that other Insured Person; and
• That other Insured Person was insured under this Certiicate with
respect to the Covered Trip at the Termination Date is automatically
extended to 72 hours following the end of the Medical Emergency.
However, under no circumstances will coverage continue after termination
of the Group Policy.
SECTION 6 – WHAT YOUR INSURANCE COVERS –
EMERGENCY MEDICAL INSURANCE
We will pay a Medical Emergency Beneit if an Insured Person suffers a
Medical Emergency during the Coverage Period for a Covered Trip.
Emergency Medical Beneit means, subject to the Maximum Beneit
Payable described in section 1, the Reasonable Charges for Eligible Medical
Emergency Expenses, less all amounts payable or reimbursable under a
GHIP or any group or individual health plans or insurance policies.
Eligible Medical Emergency Expenses means:
• Hospital accommodation;
• Physicians’ bills;
• Private duty nursing:
• up to $5,000 for:
• services performed by a registered nurse; including
• medically necessary nursing supplies;
33
•
D
iagnostic services:
• charges for diagnostic tests, laboratory tests and X-rays which are:
• prescribed by the treating Physician; and
• approved in advance by our Administrator if the tests involve:
• magnetic resonance imaging (MRI);
• computerized axial tomography (CAT) scans;
• sonograms;
• ultrasounds; or
• any invasive diagnostic procedures including angioplasty;
• Ambulance:
• charges for emergency ambulance service to the nearest approved
Hospital;
• Air Ambulance:
• charges for emergency air ambulance only if:
• our Administrator determines that the Insured Person’s physical
condition precludes the use of any other means of transportation;
• our Administrator makes the determination before the service is
provided;
• our Administrator pre-approves this service; and
• our Administrator arranges this service;
• Prescriptions:
• reimbursement of prescription drugs that are required as part of
emergency treatment;
• Exclusion: vitamins and patent, proprietary and experimental drugs
are excluded;
• Accidental Dental:
• up to $2,000 for dental treatment that is:
• required during a Coverage Period; and
• necessitated by a blow to natural or permanently installed teeth
which occurs during a Coverage Period;
• Limitation: treatment for emergency relief of dental pain is covered
up to a maximum of $200;
34
•
M
edical Appliances
• cost of casts, crutches, trusses, braces, slings, splints and/or the
rental cost of a wheelchair or walker where:
• prescribed by a Physician; and
• required as a result of a Medical Emergency;
• Return Airfare
• the extra cost for a one-way economy fare plus, if required to
accommodate a stretcher, a second one-way economy fare if:
• as a result of a Medical Emergency, our Administrator determines
that an Insured Person should return to Canada for medical
reasons; and
• our Administrator approves the transportation in advance;
• Transportation to Bedside
• if an Insured Person is Hospitalized and is expected to remain
Hospitalized for at least three consecutive days, the cost of one
round-trip economy airfare from Canada if it is:
• for the Insured Person’s Spouse, parent, child, brother or sister;
and
• approved in advance by our Administrator;
• Travelling Companion Beneit
• the cost of a single one-way economy airfare if:
• an Insured Person suffers a covered Medical Emergency;
• as a result, a travelling companion stays beyond his or her
scheduled return date; and
• our Administrator approves, in advance, the cost of a one-way
economy airfare back to the travelling companion’s place of
departure;
• Bedside Companion Beneit
• up to $150 per day, to a maximum of $1,500, for food and
accommodation for a person if:
• our Administrator has approved transportation for the person
under either a Transportation to Bedside beneit or a Travelling
Companion Beneit; and
• our Administrator has approved the Bedside Companion Beneit
in advance;
35
• Vehicle Return
• up to $1,000 toward the cost of returning an Insured Person’s
vehicle to his or her home or, if applicable, the nearest appropriate
vehicle rental agency if:
• the Insured Person is unable to return the vehicle due to a covered
Medical Emergency; and
• our Administrator arranges for the return of the vehicle;
• Return of Deceased
• up to $5,000 toward the cost of preparation and transportation
home of a deceased Insured Person if death results from a covered
Medical Emergency;
• Exclusion: the cost of a burial casket or urn is not covered under
this beneit; and
• one round-trip economy airfare if:
• an Immediate Family Member is required to identify or obtain
release of the deceased; and
• our Administrator approves this transportation in advance.
SECTION 7 – LIMITATIONS AND EXCLUSIONS:
WHAT YOUR INSURANCE DOES NOT COVER
1. Failure to report
• A Medical Emergency must be reported to our Administrator within
48hours of admission to Hospital, or as soon as is reasonably
possible.
• If the Medical Emergency is not reported as required, the maximum
beneit payable with respect to the Medical Emergency will be 80% of
the Eligible Medical Emergency Expenses, to a limit of $30,000.
2. Pre-Existing Condition
• There is no coverage and no beneit will be paid for any Pre-Existing
Condition that was not Stable during the Pre-Existing Condition Period
immediately preceding the beginning of the Coverage Period.
3. Reasonably foreseeable Conditions
• We will not pay any expenses or beneits under this Certiicate relating
to a Medical Condition:
• When the Insured Person knew or for which it was reasonable to
expect before they left their province or territory of residence, or
before the Coverage Period, that they would need or be required to
seek Treatment;
36
•
For which future investigation or Treatment was planned before the
Insured Person left their province or territory of residence;
• Which produced symptoms that would have caused an ordinarily
prudent person to seek Treatment in the three months before
leaving their province or territory of residence;
• That had caused the Insured Person’s Physician to advise them not
to travel.
4. Medical Emergency occurring outside the Coverage Period
• No beneit will be payable with respect to a Medical Emergency that
occurs before the Coverage Period begins or after it ends.
• For an Insured Person under age 65, this means, for example, that no
beneit will be paid with respect to any Medical Emergency if an
Insured Person’s Medical Emergency occurs after the irst 15 days
following their Departure Date.
• For an Insured Person 65 years of age or older, this means, for
example, that no beneit will be paid with respect to any Medical
Emergency if an Insured Person’s Medical Emergency occurs after the
irst 4 days following their Departure Date.
• Note that the day of departure counts as a full day for this purpose.
5. Failure to transfer to an appropriate facility for treatment
• We, in consultation with the Insured Person’s treating Physician, reserve
the right to transfer an Insured Person to an appropriate medical
facility or to his or her province or territory of residence for further
treatment.
• Failure to comply with a transfer request will absolve Us of any liability
to provide beneits for expenses incurred after the scheduled transfer
date.
6. Recurrence
• A Medical Emergency is considered to have ended when medical
evidence indicates that the Insured Person is able to return to his or
her province or territory of residence. No beneits will be paid in
connection with the condition that caused a Medical Emergency if
they are incurred after that time.
7. Failure to obtain advance approval
• Where an Eligible Medical Emergency Expense speciies that it must
be approved in advance by our Administrator, if advance approval is
not obtained, no beneit will be payable for that expense.
37
• No beneit will be paid with respect to any surgery or invasive
procedure that has not been approved in advance by our
Administrator, except in extreme circumstances where a request for
prior approval would delay necessary surgery in a life-threatening
medical crisis.
8. Non-emergency services
• No beneit will be payable with respect to non-emergency,
experimental or elective services, including any treatment, surgery or
medication which medical evidence indicates that the Insured Person
could have returned to Canada to receive.
9
. General
• As noted above, the beneits payable under the Group Policy will be
the actual cost of the covered expense less:
• the amount reimbursable under GHIP; and
• the amount reimbursable through any other insurance or health
plan coverage.
10. In addition, no beneit will be payable in connection with treatment,
services or expenses related to or resulting from:
a. Misrepresentation
• any medical condition for which You or an Insured Person provided
our Administrator or Us with false or inaccurate information
regarding hospitalizations, treatment or medications;
b. Pregnancy
• pregnancy or childbirths within 9 weeks of expected delivery date;
• any complication relating to pregnancy that occurs in the last 9
weeks leading up to the expected delivery date, or after the
expected delivery date;
• any child born during a Covered Trip;
c. Intentionally self-inlicted injuries
• intentionally self-inlicted injuries, suicide or attempted suicide,
whether the Insured Person is aware or not aware of their actions,
regardless of the Insured Person’s state of mind;
d. Failure to take medication
• failure to take medication as prescribed by the Insured Person’s
Physician;
e. Alcohol or drug use
• abuse of medication or alcohol or use of illicit drugs;
38
f.
Crime
• participation in a criminal offence;
g. Professional Sports or Racing
• participation in professional sports or any organized racing or
speed contests;
h. War
• any act of war, whether declared or not, hostile or warlike action in
time of peace or war, insurrection, rebellion, revolution, civil war or
hijacking;
i. Mental Problems
• any mental, nervous or emotional problems, including any Medical
Emergency arising from these problems;
j. Hazardous Activities
• recreational scuba diving (unless the Insured Person holds a basic
scuba designation from a certiied school or licensing body),
mountaineering, bungee-jumping, parachuting, parasailing, cave
exploration, hang-gliding, skydiving or any airborne activity in any
aircraft other than a passenger aircraft that holds a valid certiicate
of airworthiness;
k. Travel Advisories
• Your Medical Emergency or related Medical Condition, if the reason
for your Medical Emergency or related Medical Condition is
associated in any way with a written formal travel warning of ‘Avoid
all non-essential travel’ or of ‘Avoid all travel’ issued before your
Departure Date by the Canadian Government, advising Canadians
not to travel to the country, region or city of your trip.
11. Dependent Child not travelling with You or Your Spouse. No beneit will
be payable with respect to a Dependent Child unless he or she is
travelling with You or Your Spouse.
SECTION 8 – WHAT TO DO IN A MEDICAL EMERGENCY
When a Medical Emergency occurs, You or if applicable, an Insured
Person, must phone our Administrator immediately, or as soon as is
reasonably possible. Otherwise, beneits will be limited as described in
section 7 under “Limitations and Exclusions: 1. Failure to Report”.
Some expenses will only be covered if our Administrator approves them
in advance.
Assistance is available twenty-four hours a day, seven days a week, by
calling toll-free 18663741129 from Canada or the U.S.A., or from other
countries by calling collect (416) 9774425.
39
O
ur Administrator will verify whether coverage is in effect and, if so, will
direct the Insured Person to the nearest appropriate medical facility. Our
Administrator will pay, or guarantee payment to, the provider of medical
services wherever possible, and manage the Insured Person’s Medical
Emergency from the initial report through its conclusion.
If a direct guarantee or payment is not possible, the Insured Person may be
asked to pay for services. Upon submission of a claim, the Insured Person
will be reimbursed for any such Eligible Medical Emergency Expenses so
paid, as described under this Certiicate.
Note: All payments and payment guarantees are subject to the terms
and conditions of the Certiicate, including limitations and exclusions.
SECTION 9 – HOW TO MAKE A CLAIM
A Medical Emergency should always be reported immediately, as
described in section 8, or beneits will be limited.
If You or, if applicable, the Insured Person did not report the Claim
immediately as required.
If, without contacting our Administrator for assistance and claim
management, an Insured Person incurs Eligible Medical Emergency
Expenses, then he or she must irst submit receipts and other proof to:
• GHIP;
• then to any group or individual health plans and/or insurers.
Any Eligible Medical Emergency Expenses that are not covered by such
GHIP, health plans or insurance should then be submitted to our
Administrator with proof of claim, receipts and payment statements. In this
case, claims forms can be obtained from our Administrator’s Customer
Service representatives at the number set out in section 10.
The Insured Person will also be required to provide evidence of his or her
actual date of departure from his or her province or territory of
residence.
If You or, if applicable, the Insured Person did report the claim.
If Hospital or other medical charges have been guaranteed or paid by our
Administrator on behalf of an Insured Person then You and, if applicable,
the Insured Person must sign an authorization form allowing our
Administrator to recover these charges:
• from the Insured Person’s GHIP;
• from any health plan or other insurance;
• through subrogation rights against any responsible third party.
40
I
f our Administrator has paid for Eligible Medical Emergency Expenses
covered under other insurance or another plan, You and, if applicable, the
Insured Person must assist our Administrator in obtaining reimbursement,
where necessary.
The Insured Person will also be required to provide evidence of his or her
actual date of departure from his or her province or territory of
residence.
Note: If an advance payment is made for expenses and it is later
discovered that they were not covered under this Certiicate, then You
and/or the Insured Person must reimburse Us.
SECTION 10 – HOW TO CONTACT OUR ADMINISTRATOR
24 Hour Emergency Assistance Number
To report a Medical Emergency, You or, if applicable, the Insured Person
can call our Administrator twenty-four hours a day, seven days a week at:
From the U.S.A. or Canada 18663741129
From elsewhere, call collect (416) 9774425
Customer Service: Phone number
To enquire about Your beneits under this Certiicate or to check on the
status of an existing claim, You can call our Administrator at:
Toll-free at 18663741129 or at (416) 9774425
Monday – Friday 8 a.m. – 8 p.m. Eastern Time
In a non-emergency situation, You can also call this number to obtain
claims forms.
Customer Service: Mailing Address
You can mail your request to:
TD Travel Insurance
c/o Global Excel Management Inc.
73 Queen Street
Sherbrooke, Quebec J1M 0C9
Fax: +1-(819) 5692814.
SECTION 11 – GENERAL CONDITIONS
Unless otherwise expressly provided in this Certiicate or in the Group
Policy, the following general provisions apply to the beneits described in
this Certiicate:
41
Proof of Loss
T
he appropriate claims forms together with written proof of loss must be
furnished as soon as reasonably possible, but in all events within one
(1)year from the date on which the loss occurred.
Examination
During the processing of a claim, We shall have the right and opportunity,
at Our own expense, to review all medical records related to the claim and
to examine the Insured Person medically when and as often as may be
reasonably required.
Subrogation
We have full rights of subrogation, including the right to proceed at Our
own expense in the Insured Person’s name against third parties who may
be responsible for a claim arising or providing indemnity or beneits similar
to the beneits under this Certiicate. You and the Insured Person shall give
Us all such assistance as is reasonably required to secure Our rights and
remedies, including the execution of all documents necessary to enable Us
to bring suit in Your name or the name of the Insured Person, as applicable.
Other Insurance
All of Our policies are excess insurance, meaning that any other sources of
recovery You have will pay irst, and this insurance policy will be the last to
pay. The total beneits payable under all Your insurance, including this
Certiicate, cannot be more than the actual expenses for a claim. If an
Insured Person is also insured under any other insurance certiicate or
policy, We will coordinate payment of beneits with the other insurer.
In no case will We seek to recover against employment related plans if the
lifetime maximum for all in-country and out-of-country beneits is $50,000
or less. If the lifetime maximum for all in-country and out-of-country
beneits is over $50,000, We will coordinate beneits only above this
amount.
Legal Action Limitation Period
Every action or proceeding against the insurer for the recovery of
insurance money payable under the contract is absolutely barred unless
commenced within the time set out in the Insurance Act (for actions or
proceedings governed by the laws of Alberta or British Columbia), The
Insurance Act (for actions or proceedings governed by the laws of
Manitoba), the Limitations Act, 2002 (for actions or proceedings governed
by the laws of Ontario), the Civil Code of Quebec (for actions or
proceedings governed by the laws of Quebec) or other applicable
legislation.
42
False Claim
If You or an Insured Person make a claim knowing it to be false or
fraudulent in any respect, neither You nor the Insured Person will be entitled
to the beneits of this coverage, nor to the payment of any claim under the
Group Policy.
Currency
All amounts are shown in Canadian currency.
Access to Medical Care
TD Life, the Bank, our Administrator and their afiliates are not responsible
for the availability, quality or results of any medical treatment or transport,
or for the failure of any Insured Person to obtain medical treatment.
Group Policy
All beneits under this Certiicate are subject in every respect to the Group
Policy which alone constitutes the agreement under which beneits will be
provided. This Group Policy is issued to the Bank. The principal provisions
of the Group Policy affecting Insured Persons are summarized in this
Certiicate. The Group Policy is on ile at the ofice of the Bank.
TRIP CANCELLATION/TRIP INTERRUPTION INSURANCE
Coverage under this Certiicate is provided by:
TD Life Insurance Company and TD Home and Auto
InsuranceCompany (Insurer)
320 Front Street West, 3
rd
Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Global Excel Management Inc. (Administrator)
73 Queen Street, Sherbrooke, QC J1M 0C9
Phone: 18663741129 or (416) 9774425
Certiicate of Insurance
This Certiicate applies to the TD Aeroplan Visa Business Card which will be
referred to as a “TD Credit Card” throughout the Certiicate.
TD Life Insurance Company (“TD Life”) provides the insurance for the
Medical Covered Causes for Cancellation and the Medical Covered Causes
for Interruption under this Certiicate under Group Policy No. TGV003.
TD Home and Auto Insurance Company (“TDH&A”) provides the insurance
for the Non-Medical Covered Causes for Cancellation and the
Non-Medical Covered Causes for Interruption under this Certiicate under
Group Policy TGV006.
43
T
ogether, these policies are referred to as the “Group Policies”.
Our Administrator administers the insurance on behalf of TD Life and
TDH&A and provides claims payment and administrative services under
the Group Policies.
This Certiicate contains important information. Please read it carefully and
take it with You on Your trip.
This Certiicate contains a clause which may limit the amount payable.
Important Notes:
Pre-Existing Conditions: A Pre-Existing Condition exclusion applies to
the Trip Cancellation and Trip Interruption beneits. Please see
Limitations and Exclusions under sections 6 through 8 for details. If You
have any questions regarding Pre-Existing Conditions and/or want to
conirm coverage, please contact Our Administrator at 18663741129
or at (416) 9774425.
If You need to cancel or interrupt a trip: If a Covered Cause for
Cancellation or Interruption occurs, You or, if applicable, an Insured
Person, must phone the Administrator immediately. Please see section 11
for contact information.
This policy contains a provision removing or restricting the right of the
group life insured to designate persons to whom or for whose beneit
insurance money is to be payable.
SECTION 1 – SUMMARY OF BENEFITS
Beneits Maximum Beneit Payable
Trip Cancellation
Insurance
$1,500 per Insured Person per Covered
Trip
$5,000 total per Covered Trip for all
Insured Persons on the same Covered Trip
Trip Interruption
Insurance
$5,000 per Insured Person per Covered
Trip
$25,000 total per Covered Trip for all
Insured Persons on the same Covered Trip
Note: If the value of an Insured Person’s Covered Trip exceeds the
amounts listed above, You may wish to speak to your travel agent or
other travel supplier for excess coverage.
44
SECTION 2 – DEFINITIONS
In t
his Certiicate, the following words and phrases shown in italics have the
meanings shown below. As You read through the Certiicate, You may need
to refer to this section to ensure You have a full understanding of Your
coverage, limitations and exclusions:
Account means the Account owned by the Account Holder that the Bank
maintains with respect to a TD Credit Card(s).
Account Holder means the person who was issued a TD Credit Card,
whose name is on the Account and who is a resident of Canada. The
Account Holder may be referred to herein using “You” and “Your”.
Administrator means the service provider arranged by TD Life and TDH&A
to provide claims payment and administrative services under the Group
Policies.
Aeroplan points means the points awarded through the Aeroplan program
which can be redeemed for rewards. Aeroplan points have no monetary
value.
Bank means The Toronto-Dominion Bank.
Certiicate means this certiicate of insurance.
Common Carrier means any land, air or water conveyance which is
licensed to carry passengers without discrimination and for hire, excluding
courtesy transportation provided without a speciic charge.
Coverage Period means the period of time during which a covered event
must occur for a beneit to be payable. Coverage Period means the Trip
Cancellation Coverage Period or the Trip Interruption Coverage Period, as
applicable. These terms are deined in section 5 – THE COVERAGE PERIOD.
Covered Trip means a trip:
• made by an Insured Person outside the Insured Person’s province or
territory of residence;
• that does not extend to or past:
• the date the Insured Person no longer meets the eligibility
requirements set out in section 3;
• the date coverage terminates as described in section 4;
• that was booked or reserved prior to departure from the Insured
Person’s province or territory of residence; and
• for which at least 75% of the cost has been charged:
• to Your Account and/or
• using Your Aeroplan points.
45
Dependent Children means Your natural, adopted, or step-children who are:
•
unmarried;
• dependent on You for inancial maintenance and support; and
• under 22 years of age; or
• under 26 years of age and attending an institution of higher
learning, full-time, in Canada; or
• mentally or physically handicapped.
Note: A Dependent Child does not include a child born while the child’s
mother is outside her province or territory of residence during the
Covered Trip. The child will not be insured with respect to that trip.
Effective Date means the date this Certiicate takes effect with respect to
You, and is the later of March 17, 2008, and the date on which an Account
is opened by the Bank for You and You meet the eligibility requirements set
out in section 3 with respect to this Account. Only Covered Trips booked on
or after the Effective Date shall be eligible for coverage.
Good Standing: An Account is in Good Standing if:
• the Account Holder has applied for the Account;
• the Bank has approved and opened the Account;
• the Account Holder has not advised the Bank to close the Account; and
• the Bank has not suspended or revoked credit privileges or otherwise
closed the Account.
Hospital means an institution that is accredited and licensed by the
appropriate authority as a hospital to Treat patients on an in-patient,
out-patient and emergency basis; or the nearest medical facility that has
been approved in advance by Our Administrator.
Exceptions: Hospital does not include chronic care, convalescent,
rehabilitation or nursing home facilities.
Immediate Family Member means an Insured Person’s Spouse, parents,
step parent, grandparents, natural or adopted children, step children or
legal ward, step sisters, step brothers, grandchildren, brothers, brothers-in-
law, sisters, sisters-in-law, aunts, uncles, nieces or nephews, sons-in-law or
daughters-in-law, and the Insured Person’s Spouse’s parents, grandparents,
brothers, brothers-in-law, sisters, sisters-in-law and children.
Insured Person means a person who is eligible to be insured under this
Certiicate as described in section 3.
Medical Condition means an irregularity in the health of an Insured Person
which required or requires medical advice, consultation, investigation,
Treatment, care, service or diagnosis by a Physician.
46
Physician means a physician or surgeon who is registered or licensed to
practice medicine in the jurisdiction where he or she provides medical
advice or Treatment and who is not related by blood or marriage to any
Insured Person under this Certiicate.
Pre-Existing Condition means a Medical Condition:
• for which symptoms appeared in the Pre-Existing Condition Period;
• that was investigated, diagnosed or Treated during the Pre-Existing
Condition Period, where Treatment includes medication; or
• for which further investigation was recommended or prescribed, or for
which a change in Treatment was recommended (including a change
in medication or dosage) during the Pre-Existing Condition Period.
Pre-Existing Condition Period with respect to any beneit under this
Certiicate is as follows:
• Insured Persons under 65 years of age – 90 days immediately before
the beginning of the Coverage Period; and
• Insured Persons 65 years of age or older – 180 days immediately
before the beginning of the Coverage Period.
Spouse means:
• the Insured Person’s legal husband or wife; and
• the person who the Insured Person has lived with for at least one year
and publicly represented as his or her domestic partner.
Stable means any Medical Condition or related condition (whether or not
the diagnosis has been determined) for which there have been:
• no new or change in medication or dosage;
• no new or change in Treatment;
• no new or increase in frequency or severity of symptoms;
• no referral or recommendation to see a specialty clinic or specialist;
• no pending test results or testing; or
• no pending surgery or other Treatment.
Travelling Companion means someone who shares trip arrangements and
accommodations with You.
Exceptions: No more than three (3) individuals (including You) will be
considered travel companions on any one trip.
47
T
reated or Treatment means any medical, therapeutic or diagnostic
procedure prescribed, performed or recommended by a Physician,
including but not limited to prescribed or unprescribed medication,
investigative testing and surgery. The term “treatment” does not include
the unaltered use of prescribed medication for a Medical Condition which
is Stable.
We, Us and Our mean TD Life Insurance Company with respect to the
Medical Covered Causes for Cancellation and Medical Covered Causes for
Interruption. We, Us and Our mean TD Home and Auto Insurance
Company with respect to the Non-Medical Covered Causes for
Cancellation and Non-Medical Covered Causes for Interruption. These
terms are deined in sections 6 and 7.
You and Your means the Account Holder.
SECTION 3 – ELIGIBILITY
The Account Holder is eligible to be insured under this Certiicate if,
throughout the Covered Trip, the Account Holder:
• is a resident of Canada; and
• has an Account in Good Standing.
The Account Holder’s Spouse is eligible to be insured under this Certiicate
if, throughout the Covered Trip:
• You are eligible to be insured under this Certiicate as described
above, even if You are not travelling; and
• the Spouse:
• is a resident of Canada; and
• continues to meet the deinition of Spouse of the Account Holder.
The Account Holder’s Dependent Child is eligible to be insured under this
Certiicate whether or not the Account Holder or the Account Holder’s
Spouse travels with them if, throughout the Covered Trip:
• You are eligible to be insured under this Certiicate as described
above, even if You are not travelling; and
• the Dependent Child:
• is a resident of Canada;
• is travelling with either You or with Your Spouse; and
• continues to meet the deinition of Dependent Child.
48
SECTION 4 – WHEN YOUR CERTIFICATE TERMINATES
Coverage for the Account Holder under this Certiicate will terminate on the
earliest of the following dates:
• the date the Account is cancelled, closed or otherwise ceases to be in
Good Standing;
• the date the Account Holder ceases to be eligible for coverage; and
• the date the Group Policy terminates.
C
overage for an Insured Person other than the Account Holder under this
Certiicate will terminate on the earliest of the following dates:
• the date coverage terminates for the Account Holder; and
• the date the Insured Person ceases to be eligible for coverage.
No beneits will be paid under this Certiicate for losses incurred after
coverage has terminated.
SECTION 5 – THE COVERAGE PERIOD
Trip Cancellation Coverage Period (when the Covered Causes for
Cancellation occurs before Your trip)
• The Trip Cancellation Coverage Period begins on the date the Covered
Trip is booked or reserved with the travel agent or other travel supplier
and at least 75% of the Covered Trip has been charged to Your
Account using a TD Credit Card and/or Your Aeroplan points.
• Dependent Children are only covered if travelling with You or Your
Spouse. Therefore, for each Insured Person who is a Dependent Child
the Trip Cancellation Coverage Period begins on the date set out
above only if You or Your Spouse will be travelling with the Dependent
Child on the Covered Trip.
T
he Trip Cancellation Coverage Period ends on the earlier of:
• the date the Insured Person departs or plans to depart on the Covered
Trip; and
• the date this Certiicate terminates.
Trip Interruption Coverage Period (when the Covered Causes for
Interruption occurs during Your trip)
• The Trip Interruption Coverage Period begins on the date the Insured
Person completes a portion of the Covered Trip as shown on his or her
invoice or ticket provided the Covered Trip is booked or reserved with
the Insured Person’s travel agent or other travel supplier and at least
75% of the Covered Trip has been charged to Your Account using a
TDCredit Card and/or Your Aeroplan points.
49
• Dependent Children are only covered while travelling with You or Your
Spouse. Therefore, for each Insured Person who is a Dependent Child
the Trip Interruption Coverage Period begins on the date set out above
only if You or Your Spouse are travelling with the Dependent Child on
the Covered Trip.
The Trip Interruption Coverage Period ends on the earlier of:
• the date the Insured Person is scheduled to return from the Covered
Trip; and
• the date this Certiicate terminates.
SECTION 6 – WHAT YOUR INSURANCE COVERS –
TRIP CANCELLATION INSURANCE
We will pay a Trip Cancellation Beneit with respect to an Insured Person if
he or she is required to cancel a Covered Trip due to a Covered Cause for
Cancellation listed below that occurs during the Trip Cancellation
Coverage Period for the Covered Trip.
Trip Cancellation Beneit means, subject to the Maximum Beneit Payable
described in section 1, Eligible Trip Cancellation Expenses.
Eligible Trip Cancellation Expenses means one of the following two
options:
• reimbursement for:
• the portion of the Insured Person’s unused travel arrangements
which were:
• Paid in advance and at least 75% of the cost was charged to Your
Account and/or using Your Aeroplan points;
• Forfeited as a result of a Covered Cause for Cancellation; and
• Non-refundable on the date the Covered Cause for Cancellation
arose or non-transferrable to another date; and
• travel point administration cancellation fees that applied on the
date the Covered Cause for Cancellation arose, where applicable;
• or, in the alternative, if the Insured Person misses the scheduled
departure as a result of a Covered Cause for Cancellation, payment of
reasonable transportation costs that are:
• required for the Insured Person to travel to the destination of the
Covered Trip by the most direct route; and
• approved in advance by the Administrator.
Exclusion: There will be no reimbursement for the cost of any additional
travel insurance or any expenses for which You are entitled to receive any
form of compensation, including but not limited to credits and vouchers.
50
Covered Causes for Cancellation
C
overed Causes for Cancellation mean Medical Covered Causes for
Cancellation and Non-Medical Covered Causes for Cancellation, as
described below.
Medical Covered Causes for Cancellation mean:
• death of an Insured Person or Travelling Companion;
• sudden and unexpected sickness or accidental injury of an Insured
Person or Travelling Companion if:
• it did not result from a Pre-Existing Condition that was not Stable
during the Pre-Existing Condition Period immediately preceding the
beginning of the Coverage Period;
• it prevents the Insured Person from starting the Covered Trip;
• a Physician certiies, in writing:
• that:
• he or she has advised the Insured Person or Travelling
Companion to cancel the Covered Trip; or
• the sickness or injury made it impossible for the Insured Person
or Travelling Companion to start the Covered Trip; and
• the medical reason for the decision; and
• The Insured Person or Travelling Companion provides the Physician’s
certiication to the Administrator before the scheduled departure date;
• death of an Immediate Family Member of the Insured Person;
• sudden and unexpected sickness or accidental injury of an Immediate
Family Member of the Insured Person; or
• the sudden and unexpected death or hospitalization of an Insured
Person’s host at the destination.
Non-Medical Covered Causes for Cancellation mean:
• an enforceable call of an Insured Person or Travelling Companion to
jury duty or sudden and unexpected subpoena of an Insured Person or
Travelling Companion to act as a witness in a court of law requiring
the Insured Person’s or Travelling Companion’s presence in court
during the Covered Trip;
• a written formal notice issued by the Department of Foreign Affairs
and International Trade of the Canadian government after the Insured
Person’s Covered Trip is booked, advising Canadians not to travel to a
country, region or city originally ticketed for the Covered Trip for a
period that includes an Insured Person’s Covered Trip;
51
•
an employment transfer of the Insured Person by the employer with
whom the Insured Person was employed on the date the Insured
Person booked his or her Covered Trip, which transfer requires the
relocation of the Insured Person’s principal residence within 30 days
before the Insured Person’s scheduled Covered Trip departure date;
• a delay causing an Insured Person to miss a connection for a Common
Carrier or resulting in the interruption of an Insured Person’s travel
arrangements, and is limited to the following:
• delay of an Insured Person’s Common Carrier resulting from the
mechanical failure of that carrier;
• a trafic accident or an emergency police-directed road closure
(either must be substantiated by a police report); or
• weather conditions.
Exclusion: The outright cancellation of Common Carrier travel is not
considered a delay.
Limitation: The beneit under this Covered Cause for Cancellation is
the Insured Person’s one-way economy fare via the most cost-effective
route to the Insured Person’s next destination;
• a natural disaster that renders an Insured Person’s principal residence
uninhabitable;
• an Insured Person is quarantined in a situation where no Medical
Covered Cause for Cancellation applies;
• an Insured Person is hijacked; and
• an enforceable call to service of an Insured Person or Travelling
Companion who is a military, police or ire reservist.
Limitations and Exclusions
1. Pre-Existing Condition
• There is no coverage and no beneit will be payable for any
Pre-existing Condition that was not Stable during the Pre-Existing
Condition Period immediately preceding the Coverage Period.
2. Reasonably foreseeable conditions
• No beneit will be payable with respect to a sickness, accidental
injury or quarantine of the Insured Person that was reasonably
foreseeable when the Trip Cancellation Coverage Period began.
3. Cancellation penalties arising after Covered Cause for Cancellation
• Beneits will be limited to cancellation penalties in effect on the date
the Covered Cause for Cancellation arises, so it is important to
cancel the Insured Person’s travel plans immediately.
52
4. Causes not covered
• No beneit will be payable with respect to cancellation of a Covered
Trip for any reason other than those listed under Covered Causes
for Cancellation.
5. Frequent lyer plan rewards units
• Under no circumstance will any beneit be payable in connection
with the value of frequent lyer plan rewards units that have been
lost or wasted.
SECTION 7 – WHAT YOUR INSURANCE COVERS –
TRIP INTERRUPTION INSURANCE
We will pay a Trip Interruption Beneit with respect to an Insured Person if
he or she is prevented from continuing a Covered Trip as a result of a
Covered Cause for Interruption listed below that occurs during the Trip
Interruption Coverage Period for the Covered Trip.
Trip Interruption Beneit means, subject to the Maximum Beneit Payable
described in section 1, Eligible Trip Interruption Expenses.
Eligible Trip Interruption Expenses means:
• if the Insured Person must terminate the Covered Trip as a result of the
Covered Cause for Interruption, the lesser of:
• the cost of a one-way economy airfare to the point of departure, if
the Administrator approves this transportation in advance; or
• the fee charged by the airline to change the Insured Person’s date of
return;
• if the Insured Person is delayed in reaching the next destination of his
or her Covered Trip as a result of a Covered Cause for Interruption,
payment of reasonable additional transportation costs that are:
• required for the Insured Person to rejoin a tour group by the most
direct route; and
• approved in advance by the Administrator; and
• the portion of any unused land arrangements which were:
• part of the Insured Person’s Covered Trip;
• paid prior to the Insured Person’s date of departure; and
• non-refundable on the date the Covered Cause of Interruption
occurred or for which You are entitled to receive a credit or any
other form of compensation.
E
xclusion: There will be no reimbursement for the cost of any additional
travel insurance or any expenses for which You are entitled to receive any
form of compensation, including but not limited to credits and vouchers.
53
Covered Causes for Interruption
Covered Causes for Interruption mean Medical Covered Causes for
Interruption and Non-Medical Covered Causes for Interruption, as
described below.
Medical Covered Causes for Interruption mean:
• death of an Insured person;
• accidental injury or sickness of an Insured Person if:
• it does not result from a Pre-Existing Condition that was not Stable
during the Pre-Existing Condition Period immediately preceding the
beginning of the Coverage Period; and
• in the opinion of the Administrator:
• it requires immediate medical attention; and
• either:
• it prevents the Insured Person from continuing with the Covered
Trip; or
• the Insured Person will be delayed in reaching the next
destination of his or her Covered Trip;
• death of an Immediate Family Member of the Insured Person;
• sudden and unexpected sickness or accidental injury of an Immediate
Family Member which requires an overnight stay in a Hospital.
Non-Medical Covered Causes for Interruption mean:
• a written formal notice issued during the Covered Trip by the
Department of Foreign Affairs and International Trade of the Canadian
government, advising Canadians not to travel to a country, region or
city originally ticketed for the Covered Trip for a period that includes
an Insured Person’s Covered Trip;
• a delay causing an Insured Person to miss a connection for a Common
Carrier or resulting in the interruption of an Insured Person’s travel
arrangements, and is limited to the following:
• a delay of an Insured Person’s Common Carrier, resulting from the
mechanical failure of that carrier;
• a trafic accident or an emergency police-directed road closure
(either must be substantiated by a police report), or
• weather conditions.
Exclusion: The outright cancellation of a light is not considered as a
delay.
54
Limitation: The beneit under this Covered Cause for Interruption is the
Insured Person’s one-way economy fare via the most cost-effective
route to the Insured Person’s next destination;
• a natural disaster that renders an Insured Person’s principal residence
uninhabitable;
• an Insured Person’s quarantine or hijacking; and
• an enforceable call to service of an Insured Person who is a military,
police or ire reservist.
Limitations and Exclusions
1. Pre-Existing Conditions
• There is no coverage and no beneit will be paid for any Pre-Existing
Condition that was not Stable during the Pre-Existing Condition
Period immediately preceding the beginning of the Coverage Period.
2. Reasonably foreseeable conditions
• No beneit will be payable with respect to a sickness or accidental
injury of the Insured Person that was reasonably foreseeable when
the Insured Person departed on the Covered Trip.
3. Interruption occurring outside the Coverage Period
• No beneit will be payable with respect to an interruption that occurs
before the Trip Interruption Coverage Period begins or after it ends.
4. Sums that become non-refundable after the Covered Cause for
Interruption occurs
• Only the sums that are non-refundable on the day the Covered
Cause for Interruption occurs will be eligible for the purposes of this
claim, so it’s important to call the Administrator immediately to
discuss alternate arrangements.
5. Causes not covered
• No beneit will be payable with respect to interruption of a Covered
Trip for any reason other than those listed under Covered Causes
for Interruption.
6. Frequent lyer plan rewards units
• Under no circumstance will any beneit be payable in connection
with the value of frequent lyer plan rewards units that have been
lost or wasted.
7. Unused Return Travel
• Under no circumstance will Trip Interruption Beneits include the
cost of prepaid unused return travel.
55
SECTION 8 – LIMITATIONS AND EXCLUSIONS:
WHAT YOUR INSURANCE DOES NOT COVER
L
imitations and exclusions that apply to a particular beneit are found
above, in the description of those beneits. In addition, for all beneits, this
Certiicate does not cover any Treatment, services, or expenses of any kind
caused directly or indirectly as a result of the following:
• Pre-Existing Conditions;
• reasonably foreseeable Medical Conditions;
• failure to report a Covered Cause for Trip Cancellation or Trip
Interruption immediately;
• failure to obtain advance approval from the Administrator for certain
expenses, including travel arrangements;
Please see the relevant beneit section for details. In addition:
1. No beneit will be payable in connection with losses related to or
resulting from:
a. Pregnancy
• pregnancy or childbirth within 9 weeks of expected delivery date;
• any complication relating to pregnancy that occurs in the last
9weeks leading up to the expected delivery date, or after the
expected delivery date;
• any child born during the Covered Trip in question;
b. Intentionally inlicted injuries
• intentionally inlicted injuries, suicide or attempted suicide, while
either sane or insane;
c. Alcohol or drug use
• abuse of medication or alcohol or use of illicit drugs;
d. Crime
• participation in a criminal offence;
e. Professional Sports or Racing
• participation in professional sports or any organized racing or
speed contests;
f. War
• any act of war, whether declared or not, hostile or warlike action
in time of peace or war, insurrection, rebellion, revolution, civil war
or hijacking;
56
g.
Mental Problems
• any mental, nervous or emotional problems;
h. Hazardous Activities
• recreational scuba diving (unless the Insured Person holds a basic
scuba designation from a certiied school or licensing body),
mountaineering, bungee-jumping, parachuting, parasailing, cave
exploration, hang-gliding, skydiving or any airborne activity in any
aircraft other than a passenger aircraft that holds a valid
certiicate of airworthiness;
i. Travel Advisories
• travel in a country if the Canadian government had issued a
travel advisory for that country that was in effect immediately
before the Coverage Period for the beneit in question began.
2. Dependent Child not travelling with You or Your Spouse
No beneit will be payable:
• with respect to a Dependent Child unless he or she is travelling
• with You; or
• if Your Spouse is an Insured Person under this Certiicate, with
Your Spouse.
SECTION 9 – WHAT TO DO IF YOU NEED TO CANCEL
OR INTERRUPT A TRIP
Trip Cancellation
It is important to call the Administrator immediately at the 24 Hour
Emergency Assistance number found in section 11, below.
The amount payable under Trip Cancellation coverage is limited to the
cancellation penalties in effect on the date the Covered Cause for
Cancellation occurs, so it’s important to cancel the Insured Person’s plans
immediately but no later than within one day.
After the Insured Person has cancelled his or her travel arrangements with
the travel supplier, the Insured Person will need to follow the instructions
under Section 10 – How To Make A Claim.
Trip Interruption
The Insured Person must call the Administrator immediately at the
24Hour Emergency Assistance number found in section 11, below. Some
expenses are only covered if they’re approved in advance by the
Administrator. All transportation expenses must be pre-approved.
57
Only the expenses that are non-refundable on the day the Covered Cause
for Interruption occurs are eligible for reimbursement, so contact the
Administrator immediately but no later than within one day to discuss
alternate travel arrangements.
SECTION 10 – HOW TO MAKE A CLAIM
Once the Insured Person has cancelled his or her travel arrangements with
the travel agent or other travel supplier, call the Administrator at the
Customer Service phone number in section 11 to obtain a claim form.
The Insured Person will be required to submit a completed claim form and
provide documentation to substantiate the claim, including the following:
• original invoice, original tickets (including any unused coupons),
original vouchers, and original itinerary;
• Your Account statement and any other documentation necessary to
conirm that at least 75% of the costs of Eligible Expenses were
charged to Your Account and/or using Your Aeroplan points;
• proof that cancellation or interruption resulted from a Covered Cause
for Cancellation or from Covered Cause for Interruption, as
applicable. This may include a medical certiicate, Physician’s written
statement or death certiicate, reports from police, Common Carrier
or local authorities; and
• where the claim relates to a Medical Covered Cause for Interruption or
a Medical Covered Cause for Cancellation, a signed “Release of
Medical Information” authorization to allow Us to obtain any further
information required to complete the claim review.
The Insured Person will also be required to provide evidence of his or her
actual or planned departure date from his or her province or territory of
residence.
SECTION 11 – HOW TO CONTACT OUR ADMINISTRATOR
24 Hour Emergency Assistance Number
To make arrangements with respect to Trip Interruption or Trip
Cancellation, the Insured Person can call the Administrator twenty-four
hours a day, seven days a week at:
From the U.S.A. or Canada 18663741129
From elsewhere, call collect (416) 9774425
Customer Service: Phone number
To enquire about these beneits, the Insured Person can call the
Administrator at: 18663741129 or at (416)9774425
Monday – Friday 8 a.m. – 8 p.m. Eastern Time
58
SECTION 12 – GENERAL CONDITIONS
Unless this Certiicate or the Group Policy states otherwise, the following
conditions apply to Your coverage:
Proof of Loss
The appropriate claims forms together with written proof of loss must be
furnished as soon as reasonably possible, but in all events within one
(1)year from the date on which the loss occurred.
Review and Medical Examination
When a claim is being processed, We will have the right and the
opportunity, at Our own expense, to review all medical records related to
the claim and to examine the Insured Person medically when and as often
as may be reasonably required.
Subrogation
There may be circumstances where another person or entity should have
paid You for a loss but instead We paid You for the loss. If this occurs, You
agree to co-operate with Us so We may demand payment from the person
or entity who should have paid You for the loss. This may include:
• transferring to Us the debt or obligation owing to You from the other
person or entity;
• permitting Us to bring a lawsuit in Your name;
• if You receive funds from the other person or entity, You will hold it in
trust for Us;
• acting so as not to prejudice any of Our rights to collect payment from
the other person or entity.
We will pay the costs for the actions We take.
Other Insurance
All of Our policies are excess insurance, meaning that any other sources of
recovery You have will pay irst, and this insurance policy will be the last to
pay. The total beneits payable under all Your insurance, including this
Certiicate, cannot be more than the actual expenses for a claim. If an
Insured Person is also insured under any other insurance certiicate or
policy, We will coordinate payment of beneits with the other insurer.
Legal Action Limitation Period
Every action or proceeding against the insurer for the recovery of
insurance money payable under the contract is absolutely barred unless
commenced within the time set out in the Insurance Act (for actions or
proceedings governed by the laws of Alberta or British Columbia), The
59
Insurance Act (fo
r actions or proceedings governed by the laws of
Manitoba), the Limitations Act, 2002 (for actions or proceedings governed
by the laws of Ontario), the Civil Code of Quebec (for actions or
proceedings governed by the laws of Quebec), or other applicable
legislation.
False Claim
If You or an Insured Person makes a claim knowing it to be false or
fraudulent in any respect, neither You nor the Insured Person will be entitled
to the beneits of this coverage, nor to the payment of any claim under the
Group Policies.
Group Policies
All beneits under this Certiicate are subject in every respect to the Group
Policies which alone constitute the agreements under which beneits will
be provided. The Group Policies are issued to The Toronto-Dominion Bank
(the “Bank”). The principal provisions of the Group Policies affecting Insured
Persons are summarized in this Certiicate. The Group Policies are on ile at
the ofice of the Bank.
FLIGHT/TRIP DELAY INSURANCE
Coverage under this Certiicate is provided by:
TD Home and Auto Insurance Company (Insurer)
320 Front Street West, 3
rd
Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Global Excel Management Inc. (Administrator)
73 Queen Street, Sherbrooke, QC J1M 0C9
Phone: 18663741129 or (416) 9774425
This Certiicate applies to the TD Aeroplan Visa Business Card which will be
referred to as a “TD Credit Card” throughout the Certiicate:
Certiicate of Insurance
TD Home and Auto Insurance Company (“TDH&A”) provides the insurance
for this Certiicate under Master Policy #TGV010 (the “Policy”) issued to
TheToronto-Dominion Bank. Claims administration and adjudication
services are provided by GlobalExcel Management Inc.
This Certiicate contains a clause which may limit the amount payable.
Words in italics in this Certiicate are deined in section 1.
60
SECTION 1 – DEFINITIONS
A
CCOUNT means Your TD Credit Card Account accessed using Your
TDCredit Card or TD Visa Cheque.
ACCOUNT HOLDER means the person who was issued, a TD Credit Card,
whose name is on the Account and who is a resident of Canada. The
Account Holder may be referred to herein using “You” and “Your”.
ADMINISTRATOR means the service provider arranged by TD H&A to provide
claims payment and administrative services under the GroupPolicies.
CERTIFICATE means this certiicate of insurance.
COMMON CARRIER means any licensed land, water or air conveyance
operated by those whose occupation or business is transportation of
persons or things without discrimination for hire. Common Carrier is
extended to include any Airline having a Charter Air Carrier’s License or its
equivalent, provided it maintains regularly scheduled lights and publishes
timetables and fares consistent with Scheduled Airline practices and
provided the aircraft is limited to ixed-wing turbo-prop or jet Aircraft. Rafts,
amusement park rides, jet skis, balloons, ski lifts and hang-gliders are not
considered to be a Common Carrier.
COVERED TRIP means travel on a Common Carrier, the fare for which at
least 75% has been charged to Your Account and/or using Your Aeroplan
points.
DEPENDENT CHILD(REN) means those children residing with the Account
Holder, under the age of twenty-two (22) and unmarried, who are primarily
dependent upon the Account Holder for maintenance and support.
Dependent Children also means children beyond the age of twenty-two
(22) and unmarried, who are permanently, mentally and physically
challenged and incapable of self-support. Also included in the deinition of
Dependent Children are the Account Holder’s Dependent Children under
the age of twenty-six (26) and unmarried, who are classiied as full-time
students at an institution of higher learning.
INSURED PERSON means the Account Holder, as well as the Account
Holder’s Spouse and Dependent Children whose name is on a Common
Carrier ticket.
SPOUSE means either a person to whom the Account Holder is lawfully
married, or the common-law spouse of an Account Holder. Common-law
spouse shall mean a person (of the same or opposite sex) who has been
living with the Account Holder continuously for at least one year and is
publicly represented as the Account Holder’s partner.
WE, US and OUR mean TD Home and Auto Insurance Company and/or
Our administrator.
61
SECTION 2 – $500 FLIGHT/TRIP DELAY COVERAGE
In t
he event that a departure of a Common Carrier on a Covered Trip on
which the Insured Person had arranged to travel is delayed for four (4)
hours from the time speciied in the itinerary supplied to the Insured
Person, We will pay up to $500 for reasonable expenses for meals and
accommodation while delayed and reasonable additional ground
transportation expenses. Beneits payable are subject to the following:
1) Delay of a Common Carrier is caused by inclement weather which
means any severe weather condition that delays the scheduled arrival
or departure of a Common Carrier; or
2) Delay caused by equipment failure of a Common Carrier, which
means any sudden, unforeseen breakdown in the Common Carrier’s
equipment that delays the scheduled arrival or departure of a
Common Carrier; or
3) Delay due to an unforeseen strike or other job action by employees of
a Common Carrier, which means any labor disagreement that delays
the scheduled arrival or departure of a Common Carrier.
This coverage for Flight/Trip Delay does not include any loss caused
directly and/or indirectly due to:
1) An event which was made public or known to the Insured Person prior
to the date the trip was booked;
2) Laws, regulations or orders issued or made by any government or
Public Authority;
3) Strikes or labor disputes that existed or of which advanced warning
had been given prior to the date the Covered Trip was booked;
4) Cancellation due to the withdrawal from service temporarily or
permanently of any Common Carrier on the orders or
recommendations of any Port Authority or the Aviation Agency of any
similar body in any country; or
5) A bomb search or bomb threat.
The Flight/Trip Delay beneit is excess over any other insurance or
indemnity (including any reimbursements by the Common Carrier)
available to the Insured Person.
SECTION 3 – CLAIMS
If You have incurred a claim covered under the Flight/Trip Delay Insurance
Plan, You must give notice by contacting Our Administrator within forty-ive
(45) days from the date of the occurrence of the delay.
To report your claim, please call 18663741129 or +14169774425.
62
In t
he event of a claim covered under the Flight/Trip Delay Insurance Plan, a
loss report will be mailed to the Insured Person. You should complete it in full
and return it within ninety (90) days from the date of occurrence of the delay.
The loss report shall include but may not be limited to:
• a copy of the Common Carrier ticket;
• a c opy of the Account charge receipt or TD Credit Card statement for
the cost of the Common Carrier and/or proof of redemption;
• i temized receipts for actual expenses incurred for essential items and
other expenses incurred as a result of Your Flight/Trip Delay;
• written statement from the Common Carrier conirming the date and
time of the Common Carrier delay;
• reason or circumstances surrounding the delay; and
• any other information reasonably required by Our Administrator.
SECTION 4 – INDIVIDUAL TERMINATION OF INSURANCE
The insurance coverage of any Insured Person shall terminate on the
earliest of the following:
a) the date the Policy is terminated
b) the expiration of the Policy term for which premium has been paid
c) the date the Account Holder’s Account is cancelled or his or her
Account privileges are terminated
SECTION 5 – GENERAL CONDITIONS
LEGAL ACTION LIMITATION PERIOD. Every action or proceeding against
the insurer for the recovery of insurance money payable under the contract
is absolutely barred unless commenced within the time set out in the
Insurance Act (for actions or proceedings governed by the laws of Alberta or
British Columbia), The Insurance Act (for actions or proceedings governed by
the laws of Manitoba), the Limitations Act, 2002 (for actions or proceedings
governed by the laws of Ontario), the Civil Code of Quebec (for actions or
proceedings governed by the laws of Quebec), or other applicable legislation.
CONFORMANCE WITH STATUTES: Any terms of this Policy which are in
conlict with the applicable statutes, laws or regulations of the province or
territory in which this Policy is issued are amended to conform to such
statutes.
MASTER POLICY: This Certiicate is a description of coverage provided by
Policy #TGV010 issued to The Toronto-Dominion Bank. All terms and
conditions of the Policy govern. In no event does possession of multiple
certiicates or TD Credit Cards entitle an Insured Person to beneits in
excess of those described herein.
63
COMMON CARRIER TRAVEL ACCIDENT INSURANCE
Coverage under this Certiicate is provided by:
TD Life Insurance Company (Insurer)
320 Front Street West, 3
rd
Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Global Excel Management Inc. (Administrator)
73 Queen Street, Sherbrooke, QC J1M 0C9
Phone: 18663741129 or (416) 9774425
The Certiicate applies to the TD Aeroplan Visa Business Card which will be
referred to as a “TD Credit Card” throughout the Certiicate:
Coverage Certiicate
TD Life Insurance Company (“TD Life”) provides the insurance for this
Certiicate under Master Policy #TGV009 (the “Policy”) issued to
TheToronto-Dominion Bank. Claims administration and adjudication
services are provided by GlobalExcel Management Inc.
This Certiicate contains a clause which may limit the amount payable.
Words in italics in this Certiicate are deined in section 1.
Section 1 – Deinitions
ACCIDENTAL BODILY INJURY(IES) means bodily injury which is accidental,
is the direct source of a Loss, is independent of disease, illness or other
cause and occurs while this Policy is in force.
ACCOUNT means Your TD Credit Card Account accessed using Your
TDCredit Card or TD Visa Cheque.
ACCOUNT HOLDER means the person who was issued, a TD Credit Card,
whose name is on the Account and who is a resident of Canada. The
Account Holder may be referred to herein using “You” and “Your”.
CERTIFICATE means this certiicate of insurance.
COMA means a profound state of unconsciousness from which the Insured
Person cannot be aroused to consciousness even by powerful stimulation,
as determined by a physician. (Note: Coma beneits are available only to
Dependent Children.)
COMMON CARRIER means any licensed land, water or air conveyance
operated by those whose occupation or business is transportation of
persons or things without discrimination for hire. Should a Common Carrier
be delayed or rerouted, such that the carrier is required to arrange
alternate transportation for its passengers, the deinition of Common
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Carrier will extend to whatever conveyance is used for this purpose. Such
alter
nate transportation need not be charged to your Account for coverage
to be in effect. Common Carrier is extended to include any Airline having a
Charter Air Carrier’s License or its equivalent, provided it maintains
regularly scheduled lights and publishes timetables and fares consistent
with Scheduled Airline practices and provided the aircraft is limited to
ixed-wing turbo-prop or jet Aircraft. Rafts, amusement park rides, jet skis,
balloons, ski lifts and hang-gliders are not considered to be a Common
Carrier.
COVERED TRIP means travel on a Common Carrier, t
he fare for which is
fully charged to Your Account, or paid for either in full or partially using
Your Aeroplan points. If Your Aeroplan points have only partially paid for
Your Common Carrier fare, the balance of that fare must be fully charged
to Your Account.
DEPENDENT CHILD(REN) means those children residing with the Account
Holder, under the age of twenty-one (21) and unmarried, who are primarily
dependent upon the Account Holder for maintenance and support.
Dependent Children also means children beyond the age of twenty-one (21)
and unmarried, who are permanently, mentally and physically challenged
and incapable of self-support. Also included in the deinition of Dependent
Children are the Account Holder’s Dependent Children under the age of
twenty-ive (25) and unmarried, who are classiied as full-time students at
an institution of higher learning.
IMMEDIATE FAMILY MEMBER means the Spouse, parents, grandparents,
children age eighteen (18) and over, brother or sister of the Insured Person.
INSURED PERSON means the Account Holder, as well as the Account
Holder’s Spouse and Dependent Children whose name is on a ticket or a
rental agreement.
LOSS means the types of Accidental Bodily Injuries listed in section 4 and
for which this insurance provides coverage.
PERMANENT TOTAL DISABILITY means that the Accidental Bodily Injuries
sustained in a covered accident solely and directly:
1) prevent the Insured Person from performing all the substantial and
material duties of the Insured Person’s occupation; and
2) c auses a condition which is medically determined, by a physician
approved by Our Administrator, to be of continuous and indeinite
duration; and
3) r equire the continuous care of a physician, unless the Insured Person
has reached his/her maximum point of recovery; and
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4)
prevent the Insured Person from engaging in any gainful
occupation for which the Insured Person is qualiied, or could be
qualiied, by reason of education, training, experience, or skill.
The Permanent Total Disability must have existed for twelve (12)consecutive
months.
(Note: Permanent Total Disability beneits are not available to Dependent
Children.)
RENTAL CAR means a four-wheel private passenger motor vehicle
designed for travel on public roads and rented from a licensed rental
company for no more than forty-eight (48) consecutive days. It does not
include trucks, trailers, campers, recreational vehicles or motor vehicles
propelling or towing a trailer or any other object, off-road vehicles
(meaning any vehicle used on roads that are not publicly maintained),
vans, or mini vans that are manufactured to seat more than eight
(8)occupants (including the driver) or when the vehicle is used to carry,
haul or transport any type of cargo or property or passengers for hire.
SPOUSE means either a person to whom the Account Holder is lawfully
married, or the common-law spouse of an Account Holder. Common-law
spouse shall mean a person (of the same or opposite sex) who has been
living with the Account Holder continuously for at least one year and is
publicly represented as the Account Holder’s partner.
WE, US and OUR mean TD Life Insurance Company and/or our
administrator.
YOU and YOUR means the Account Holder.
Section 2 – Common Carrier Accident Coverage
Beneits will be paid as speciied in the Schedule of Beneits below if an
Insured Person suffers a Loss arising from and occurring on a Covered Trip
while the Insured Person is:
1) r iding as a passenger in or entering or exiting any Common Carrier; or
2) a t the airport, terminal or station, at the beginning or end of the
Covered Trip.
If the purchase of the Common Carrier passage fare is not made prior to
the Insured Person’s arrival at the airport, terminal or station, coverage
begins at the time the entire Common Carrier passage fare is charged to
the Insured Person’s Account.
Coverage includes circumstances arising from and occurring on a Covered
Trip while the Insured Person is riding as a passenger in, entering or exiting
any Common Carrier, while travelling directly to or from the airport,
terminal,or station;
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1)
i mmediately preceding the departure of the scheduled Com
mon
Carrier conveyance on which the Insured Person has purchased
passage; and
2) i mmediately following the arrival of the scheduled Common Carrier
conveyance on which the Insured Person was a passenger.
Section 3 – Rental Car Accident Coverage
Beneits will be paid as speciied in the Schedule of Beneits below if an
Insured Person suffers a Loss while operating or riding as a passenger in, or
boarding or alighting from any Rental Car provided that:
(a) the cost of the Rental Car was fully charged to Your Account; or paid
either in full or partially using Your Aeroplan points. If your Aeroplan
points have only partially paid for the cost of Your Rental Car, the
balance of that cost must be fully charged to Your Account; and
(b) there has been no violation of the rental agreement by the Cardholder;
and
(c) the driver of the rented automobile is not legally intoxicated nor under
inluence of any narcotic unless prescribed by a licensed physician.
The maximum beneit payable for any one Rental Car Accident is
$2,000,000 in total.
Section 4 – Schedule of Beneits and Important Conditions
If an Insured Person has multiple Losses as the result of one accident, only
the single largest beneit amount applicable to the Loss suffered is
payable.
The following beneits are provided if the Loss occurs as a result of an
accident within one year from the date of the accident:
A. Accidental Death or Dismemberment, Loss of Sight, Speech or
Hearing and Paralysis Beneits
Accidental Loss of Beneit Amount
Life $500,000
Speech and Hearing $500,000
Both Hands or Both Feet or Sight of Both Eyes or a
Combination of a Hand, a Foot or Sight of One Eye
$500,000
One Arm or One Leg $375,000
One Hand or One Foot or Sight of One Eye $333,350
Speech or Hearing $333,350
Thumb and Index Finger of the same Hand $166,650
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Paralysis
Quadriplegia (complete paralysis of both upper
and lower limbs)
$500,000
Paraplegia (complete paralysis of both lower
limbs)
$500,000
Hemiplegia (complete paralysis of upper and
lower limbs of oneside of body)
$500,000
“Loss” with reference to hand or foot means complete severance through
or above the knuckle joint of at least four ingers of the same hand or three
ingers and a thumb of the same hand or the ankle joint; with reference to
arm or leg means complete severance through or above the elbow or knee
joint; with reference to sight of an eye means the permanent loss of vision
in one eye; and with reference to thumb and index inger means complete
severance through or above the knuckle joints of the thumb and index
inger.
“Loss” with reference to speech means the permanent and irrecoverable
loss of the capability of speech without the aid of mechanical devices; with
reference to hearing means the permanent and irrecoverable loss of
hearing in both ears.
“Paralysis” means complete and irreversible loss of all motion of all
practical use of an arm or leg provided the loss is continuous for twelve (12)
consecutive months.
B. Permanent Total Disability and Coma Beneits
Loss B
eneit Amount
Permanent Total Disability $500,000
Coma $500,000
(
i) Permanent Total Disability beneits are available only to You and Your
Spouse. Beneit amount (less any amount paid under sections 4(A)
and (B) is payable if an Insured Person sustains Permanent Total
Disability within three hundred and sixty-ive (365) days after the date
of the accident and the Permanent Total Disability continues for twelve
(12) consecutive months.
(ii) C oma beneits are available only to Your Dependent Child(ren). An
elimination period of thirty-one (31) days applies, which commences
on the date the Dependent Child(ren) enter into a Coma. Coma
beneits are not payable, nor do they accrue, during an elimination
period. The Coma beneit amount is payable monthly at a rate of 1% of
the beneit amount shown above until the earliest of: 1) the date the
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Dependent Child dies; 2)the date the Dependent Child is no longer in a
Coma; or 3) total payments equal the Coma beneit amount shown
above. If the Dependent Child dies as a result of the accident during
the period for which this Coma beneit is payable, We will pay a lump
sum equal to the Dependent Child’s loss of life beneit amount, less
Coma beneit amounts already paid.
C. Exposure and Disappearance
(i) When by reason of an accident described in section 2, the Insured
Person is unavoidably exposed to the elements and as a result of such
exposure suffers a Loss, the amount set out in the Schedule of Beneits
shall be paid.
(ii) If the Insured Person has not been found within one (1) year of the
disappearance, stranding, sinking, wrecking or breakdown of a
Common Carrier in which the Insured Person was covered as an
occupant, it will be assumed that the Insured Person has suffered a
loss of life.
Section 5 – Special Beneits
A. Family Transportation Beneit
(i) When an Insured Person is conined as an in-patient in a hospital due
to Accidental Bodily Injuries that result in a Loss, We will pay for the
expenses incurred to transport an Immediate Family Member of the
Insured Person to the hospital. Such personal attendance must be
recommended by an attending physician, and such transportation
must be via Common Carrier on the most direct route available.
(ii) When an Insured Person’s loss of life results in a loss of life beneit
amount being payable, We will pay for the expenses incurred by an
Immediate Family Member of the Insured Person for transportation to
the place where the Insured Person’s body is located for the purpose
of identifying the Insured Person’s body. Such transportation must be
via Common Carrier on the most direct route available.
The maximum Family Transportation Beneit payable is $5,000 per Insured
Person who is hospitalized as described above.
B. Repatriation Beneit
When Accidental Bodily Injuries result in a loss of life beneit amount being
payable, and the loss of life occurs at least 100 kilometres from the Insured
Person’s permanent city of residence, We will pay for the cost of
preparation and transportation of Insured Person’s body to such place of
residence. The maximum Repatriation Beneit payable is $10,000 per loss
of life.
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C. Rehabilitation Beneit
W
hen Accidental Bodily Injury results in a Loss, an additional amount will be
paid for covered Rehabilitation expenses. Covered expenses are the
reasonable and necessary expenses actually incurred up to a maximum of
$10,000 for treatment by a therapist or coninement in an institution of an
Insured Person provided:
(i) such treatment is required in order to retrain the Insured Person for
work in any gainful occupation, including the Insured Person’s regular
occupation; and
(ii) expenses are incurred within two (2) years from the date of the
accident. No payment will be made for ordinary living, travelling or
clothing expenses.
Section 6 – Payment of Beneits
The loss of life beneit of an Account Holder will be paid to the designated
beneiciary. This choice must be in writing and iled with Our Administrator.
All other beneit amounts for Losses suffered by the Account Holder are
paid to the Account Holder.
The loss of life beneit of a Spouse or Dependent Child will be paid to the
Account Holder, if living, otherwise to the designated beneiciary. This
choice must be in writing and iled with Our Administrator. All other beneit
amounts for Losses suffered by the Spouse or Dependent Child are paid to
the Spouse or Dependent Child, except that any amount payable for Losses
sustained by a minor will be paid to the minor’s legal guardian.
If the Insured Person has not chosen a beneiciary, or if there is no
beneiciary alive when the Insured Person dies, We will pay the beneit
amount to the Account Holder’s estate.
Section 7 – Exclusions
This Policy does not cover Loss caused by or resulting from any of the
following:
a) Loss occurring while the employee is in, entering or exiting any aircraft
while acting or training as a pilot or crew member.
b) Loss resulting from suicide, attempted suicide or loss that is
intentionally self-inlicted.
c) Loss caused by or resulting from a declared or undeclared war, but
war does not include acts of terrorism.
d) Loss caused by bacterial infection except bacterial infection of an
Accidental Bodily Injury, or if death results from the accidental
ingestion of a substance contaminated by bacteria.
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We s
hall not provide any coverage or be liable to provide any indemnity or
payment or other beneit under this certiicate which would breach
economic, inancial, or trade sanctions imposed under the laws of
Canada, the European Union, the United Kingdom or any other applicable
jurisdiction.
Section 8 – Making a Claim
Written Notice of Claim must be given to Global Excel Management Inc.,
73Queen Street, Sherbrooke, Quebec J1M0C9 within thirty (30) days after
the occurrence or commencement of any Loss covered by this Policy or as
soon as reasonably possible. Notice must include enough information to
identify the Insured Person and Account. Failure to give Notice of Claim
within thirty (30) days will not invalidate or reduce any claim if notice is
given as soon as reasonably possible.
Written Proof of Loss must be given to Our Administrator within ninety
(90)days after the date of Loss, or as soon as reasonably possible.
At the time of a claim, Our Administrator is available to assist You or Your
representative in obtaining and completing the necessary claim forms.
Call 18663741129.
Section 9 – Individual Termination of Insurance
The insurance coverage of any Insured Person shall terminate on the
earliest of the following:
a) the date the Policy is terminated
b) the expiration of the Policy term for which premium has been paid
c) the date the Account Holder’s Account is cancelled or his or her
Account privileges are terminated.
Section 10 – General Conditions
LEGAL ACTION LIMITATION PERIOD. Every action or proceeding against
the insurer for the recovery of insurance money payable under the contract
is absolutely barred unless commenced within the time set out in the
Insurance Act (for actions or proceedings governed by the laws of Alberta
or British Columbia), The Insurance Act (for actions or proceedings
governed by the laws of Manitoba), the Limitations Act, 2002 (for actions or
proceedings governed by the laws of Ontario), the Civil Code of Quebec
(for actions or proceedings governed by the laws of Quebec), or other
applicable legislation.
CONFORMANCE WITH STATUTES: Any terms of this Policy which are in
conlict with the applicable statutes, laws or regulations of the province or
territory in which this Policy is issued are amended to conform to such
statutes.
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PHYSICAL EXAMINATION AND AUTOPSY: Our Administrator has the right
to have the Insured Person examined by a physician approved by Our
Administrator, as often as reasonably necessary while a claim is pending.
Our Administrator may also have an autopsy done, unless prohibited by
law. Any examinations or autopsies that we require will be done at Our
Administrator’s expense and by a physician.
MASTER POLICY: This Certiicate is a description of coverage provided by
Policy #TGV009 issued to The Toronto-Dominion Bank. All terms and
conditions of the Policy govern. In no event does possession of multiple
certiicates or TD Credit Cards entitle an Insured Person to beneits in
excess of those described herein for any Loss sustained.
DELAYED AND LOST BAGGAGE INSURANCE
Coverage under this Certiicate is provided by:
TD Life Insurance Company (Insurer)
320 Front Street West, 3
rd
Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Global Excel Management Inc. (Administrator)
73 Queen Street, Sherbrooke, QC J1M 0C9
Phone: 18663741129 or (416) 9774425
The Certiicate below applies to the TD Aeroplan Visa Business Card which
will be referred to as a “TDCredit Card” or “Card” throughout the Certiicate:
This Certiicate contains a clause which may limit the amount payable.
Certiicate of Insurance
The terms of the Delayed and Lost Baggage Group Policy #TDVB112008
(the “Master Policy”) issued by TDHome and Auto Insurance Company
(“Insurer”) to The Toronto-Dominion Bank are described in this Certiicate.
Our Administrator administers the insurance on behalf of TD Home and
Auto Insurance Company, and provides claims assistance, claims payment
and administrative services under the Group Policy.
Words in italics in this Certiicate are deined in section 1.
Section 1 – Deinitions
ACCOUNT(S) means Your TD Credit Card Account accessed using Your
TDCredit Card or TD Visa Cheque.
ACCOUNT HOLDER means the person who was issued, a TD Credit Card,
whose name is on the Account and who is a resident of Canada. The
Account Holder may be referred to herein using “You” and “Your”.
72
A
DMINISTRATOR means the service provider arranged by the Insurer to
provide claims payment and administrative services under the Policy.
BAGGAGE DELAY means a Covered Person’s Checked Baggage is delayed
by more than six (6) hours from the Covered Person’s time of arrival at the
Final Destination.
CERTIFICATE means this certiicate of insurance.
CHECKED BAGGAGE means suitcases or other containers speciically
designated for carrying personal belongings, for which a baggage claim
check has been issued to the Covered Person by a Common Carrier.
COMMON CARRIER means any land, air, or water conveyance which is
licensed to carry passengers for compensation and which undertakes to
carry all persons indifferently who may apply for passage, so long as there
is room, and there is not legal excuse for refusal.
COVERED PERSON means the Account Holder, Spouse or Dependent
Children whose name is on the Ticket, or, if no name is on the Ticket, for
whom a Ticket has been purchased.
DEPENDENT CHILDREN means any natural child (legitimate or illegitimate),
any legally adopted child, any step-child or any child dependent upon the
Account Holder in a “parent-child” relationship for maintenance and
support who is:
(i.) under the age of twenty-one (21) years and unmarried, or
(ii.) under the age of twenty-ive (25) years, unmarried and in full time
attendance at an institution of higher learning, or
(iii.) by reason of mental or physical inirmity, incapable of self-sustaining
employment and totally dependent upon the Account Holder for
support within the terms of the Income Tax Act.
ESSENTIAL ITEMS means essential clothing and toiletries that the Covered
Person was carrying in the baggage, which the Covered Person must
replace during the period of Baggage Delay.
FINAL DESTINATION means the away-from-home ticketed destination for
any particular day of travel, as shown on Your Ticket.
SPOUSE means the person who is (i) lawfully married to the Account
Holder or (ii) the person who has been living with the Account Holder for a
continuous period of at least one year and who is publicly represented as
the Account Holder’s Spouse.
TICKET means evidence of the fare paid for travel on a Common Carrier
and at least 75% of the cost paid (1) by charge to Your Account, (2) by
redemption of Aeroplan points or (3) by a combination of (1) and (2).
73
Section 2 – Who is covered
T
he Account Holder, the Account Holder’s Spouse, and the Account
Holder’s Dependent Children whose name is on a Ticket, or if no name is on
a Ticket, for whom the Ticket has been purchased.
Section 3 – What are the Coverages
A. Delayed Baggage
In the event of Baggage Delay, You will be reimbursed for the cost to
replace Essential Items provided those purchases are made before the
baggage is returned to the Covered Person but in no event more than
ninety-six (96) hours after arriving at the Final Destination.
B. Lost Baggage
In the event the Common Carrier never locates the Covered Person’s
Checked Baggage, You will be reimbursed for the portion of the
replacement cost of lost personal property that is not paid by the Common
Carrier or other insurance.
The total beneits payable in respect of sub-sections A and B are subject to
a maximum of $1,000 per Covered Person per Trip.
To activate coverage, use Your Card to pay for at least 75% of the Ticket
cost. Coverage will be in force while baggage is in the custody of the
Common Carrier.
Section 4 – Termination of Coverage
Coverage terminates on the earliest of the following:
1) When Your Account is closed;
2) When Your Account is ninety (90) or more days past due, but coverage is
automatically reinstated when the Account is returned to good standing;
3) When the Policy is cancelled except that the Insurer will remain liable
for the claim if the event giving rise to the claim occurred prior to the
effective termination date and the claim is otherwise valid.
Section 5 – Exclusion and Limitations
No coverage is provided for:
Losses occurring when the Checked Baggage is delayed on a Covered
Person’s return home to their province or residence; expenses incurred more
than ninety-six (96) hours after arriving at the Final Destination shown on
the Ticket; expenses incurred after the Checked Baggage is returned to the
Covered Person; losses caused by or resulting from any criminal act by the
Covered Person; baggage not checked; baggage held, seized, quarantined
or destroyed by customs or government agency; money; securities; credit
cards and other negotiable instruments; tickets and documents.
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Section 6 – Claims
Th
e Account Holder must furnish the Insurer with proof of claim. This shall
include a signed loss report.
(A) Initial Notiication
If You have incurred a claim covered under the Delayed/Lost Baggage
Plan, You must give notice by contacting the Administrator within forty-ive
(45) days from the date of the occurrence of the delay.
Call toll-free between 8:00 a.m. and 8:00 p.m. Eastern Time, Monday to
Friday: 18663741129 or (416) 9774425
The Covered Person will be asked to provide or, if writing, should provide:
• name, address, and telephone number;
• Account number;
• the date, time and place of the occurrence of the delay or loss; and
• the amount of the claim.
(B) Written Proof
In the event of a claim covered under the Delayed/Lost Baggage Plan, a
loss report will be mailed by the Administrator to the Covered Person. You
should complete it in full and return it within ninety (90) days from the date
of occurrence of the delay or loss.
The loss report shall include but may not be limited to:
• a copy of the Ticket;
• a copy of the baggage claim ticket;
• a copy of the Account charge receipt or TD Credit Card statement for
the cost of the Ticket and/or proof of redemption;
• a copy of a statement from your homeowner’s or tenant’s insurance
carrier indicating the extent to which you have been reimbursed for
any items permanently lost with your baggage;
• i temized receipts for actual expenses incurred for essential clothing
and toiletries;
• written statement from the Common Carrier conirming all of the
following speciics:
• date and time of delay or loss;
• date and time that baggage was returned, or if not returned, a
statement of the amount of liability accepted by the Common
Carrier, if any;
75
• reason or circumstances surrounding the delay or loss; and
• any other information reasonably required by the Insurer.
Section 7 – General Conditions
Legal Action Limitation Period
Every action or proceeding against the insurer for the recovery of
insurance money payable under the contract is absolutely barred unless
commenced within the time set out in the Insurance Act (for actions or
proceedings governed by the laws of Alberta or British Columbia), The
Insurance Act (for actions or proceedings governed by the laws of
Manitoba), the Limitations Act, 2002 (for actions or proceedings governed
by the laws of Ontario), the Civil Code of Quebec (for actions or
proceedings governed by the laws of Quebec), or other applicable
legislation.
Other Insurance
All of Our policies are excess insurance, meaning that any other sources of
recovery You have will pay irst, and this insurance policy will be the last to
pay. The total beneits payable under all Your insurance, including this
Certiicate, cannot be more than the actual expenses for a claim. If an
Insured Person is also insured under any other insurance certiicate or
policy, We will coordinate payment of beneits with the other insurer.
Subrogation with Respect to Lost Baggage
As a condition to the payment of any claim to an Account Holder under the
Policy, the Account Holder and/or any Covered Person shall, upon request,
transfer or assign to the Insurer all legal rights against all other parties for
the loss. The Account Holder shall give the Insurer all such assistance as
the Insurer may reasonably require to secure its rights and remedies,
including the execution of all documents necessary to enable the Insurer to
bring suit in the name of the Account Holder and/or Covered Person.
False Claim
If an Account Holder makes any claim knowing it to be false or fraudulent
in any respect, such Account Holder shall no longer be entitled to the
beneits of this protection nor to the payment of any claim made under the
Policy.
Master Policy
This Certiicate is not a policy of insurance. In the event of any conlict
between this description of coverage and the Policy, the terms and
conditions of the Policy will govern. In no event does possession of multiple
certiicates or TD Credit Cards entitle a Covered Person to beneits in
excess of this stated herein for any one loss sustained.
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EMERGENCY TRAVEL ASSISTANCE SERVICES
Emergency Travel Assistance Services under this Certiicate
is provided by:
Global Excel Management Inc. (Administrator)
73 Queen Street, Sherbrooke, QC J1M 0C9
Phone: 18663741129 or (416) 9774425
Provided by our Administrator under a service agreement
with TD Life Insurance Company.
This is not an insurance beneit but assistance services only.
The Coverage Certiicate below applies to the TD Aeroplan Visa Business
Card which will be referred to as a “TD Credit Card” throughout the
Certiicate:
Important Note
The following describes assistance services only, not insurance beneits.
Any payments made by our Administrator will be charged to your TD Credit
Card, subject to credit availability, unless you make other arrangements to
reimburse our Administrator.
Multilingual Assistance Coordinators are on call 24 hours a day.
Our Administrator Assistance Coordinators are supported by a network of
medical professionals including physicians experienced in emergency
medical assistance.
For Emergency Assistance 24 Hours A Day:
In Canada and U.S.A., Call 18663741129
In Other Countries, Call Collect (416) 9774425
1 – Medical Assistance Services
Medical Referrals
If a medical emergency arises while travelling, you can contact our
Administrator Emergency Assistance Centre and you will be referred to the
nearest designated physician or medical facility.
Medical Consultation and Monitoring
Our Administrator’s network of medical professionals is available 24 hours
a day, 365 days a year, to consult with your attending physician to ensure
that your medical needs are being met. Our Administrator’s network of
medical professionals is experienced in working with physicians outside of
Canada to determine the adequacy of care being received and the need
for further assistance.
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Medical Transportation
W
hen our Administrator, in consultation with its network of medical
professionals and in conjunction with your attending physician, determine
that transfer to another medical facility is necessary, our Administrator will
coordinate all aspects of the transport to and from the hospital and airport,
at the point of departure and arrival. Our Administrator Assistance
Coordinators will arrange for qualiied medical accompaniment, if
necessary.
Neither The Toronto-Dominion Bank, TD Life Insurance Company or any
other insurer, nor our Administrator is responsible for the availability,
quality or results of any medical treatment you receive or fail to receive for
any reason.
2 – Payment Assistance
Our Administrator can assist you in arranging or coordinating payment
(over $200) to emergency medical or hospital service providers.
Full liability for payment of these services will, however, rest with you.
3 – Travel Assistance Services
Legal Assistance
Our Administrator can assist you to post bail and pay legal fees, if necessary.
Emergency Cash Transfer
In the event of theft, loss or emergency, our Administrator can assist you to
obtain cash which will be charged to your TD Credit Card.
Lost Document and Ticket Replacement
In the event of theft or loss, our Administrator can assist you to replace the
necessary travel documents or tickets.
Lost Luggage Assistance
In the event of theft or loss, our Administrator can assist you to locate or
replace luggage and personal effects.
TD Aeroplan Visa Business Cardholders are also eligible for Delayed and
Lost Baggage Insurance; however, this coverage is entirely separate from
our Administrator services (see your Coverage Certiicate in this Document
for details).
Translation Services
Our Administrator can provide immediate translation services in an
emergency situation.
Our Administrator will make a good faith effort to provide these services,
however, it has no liability to you if local laws, insurrection, epidemic,
78
unavailability of health care providers, strikes, severe weather, geographic
inaccessibility or other factors beyond their control delay, interfere or
prevent the provision of these services.
AUTO RENTAL COLLISION/LOSS DAMAGE INSURANCE
Coverage under this Certiicate is provided by:
TD Home and Auto Insurance Company (Insurer)
320 Front Street West, 3
rd
Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Global Excel Management Inc. (Administrator)
73 Queen Street, Sherbrooke, QC J1M 0C9
Phone: 18663741129 or (416) 9774425
The Certiicate below applies to the TD Aeroplan Visa Business Card which
will be referred to as a “TD Credit Card” throughout the Certiicate.
This Certiicate contains a clause which may limit the amount payable.
Please note that in Alberta and British Columbia, Statutory Conditions are
deemed to be part of every contract that include insurance against loss
or damage to property and said Statutory Conditions are included in
thePolicy.
Certiicate of Insurance
Please read this Certiicate carefully. It outlines what Collision/Loss
Damage Insurance is and what is covered along with the conditions under
which a payment will be made when You rent and operate a rental vehicle
but do not accept the Collision Damage Waiver (CDW) or its equivalent
offered by the Rental Agency. It also provides instructions on how to make a
claim. This Certiicate should be kept in a safe place and carried with You
when Youtravel.
TD Home and Auto Insurance Company (referred to in this Certiicate as
the “Company”) provides the insurance for this Certiicate under Policy
TDV092010 (referred to in this Certiicate as the “Policy”).
Our Administrator administers the insurance on behalf of TD Home and
Auto Insurance Company, and provides claims assistance, claims payment
and administrative services under the Group Policy.
This Certiicate is not a contract of insurance. It contains only a summary
of the principal provisions of the Policy.
All beneits are subject in every respect to the Policy which alone
constitutes the Agreement under which payments are made.
79
This coverage may be cancelled, changed or modiied at the option of the
card issuer or the Company with at least 30 days written notice to the
Cardholder.
To help You understand this document, some key words have been deined
below:
ACCOUNT means Your TD Credit Card Account accessed using Your
TDCredit Card or TD Visa Cheque.
ACCOUNT HOLDER means the person who was issued, a TD Credit Card,
whose name is on the Account and who is a resident of Canada. The
Account Holder may be referred to herein using “You” and “Your”.
ADMINISTRATOR means the service provider arranged by the Company to
provide claims payment and administrative services under the Policy.
CAR SHARING means a car rental club which gives its members 24 hour
access to a leet of cars parked in a convenient location.
CARDHOLDER means a person who applied for a TD Credit Card, whose
name is on the Account and to whom a TDCredit Card has been issued.
CERTIFICATE means this certiicate of insurance.
INSURED PERSON means (1) You the Cardholder, who presents himself
(herself) in person at the Rental Agency, signs the rental contract, declines
the Rental Agency’s CDW or its equivalent and takes possession of the
rental vehicle and who complies with the terms of this Policy. (2) Any other
person who drives the same rental vehicle with Your permission whether or
not such person has been listed on the rental vehicle contract or has been
identiied to the Rental Agency at the time of making the rental, however,
You and all drivers must otherwise qualify under and follow the terms of the
rental contract and must be legally licensed and permitted to drive the
rental vehicle under the laws of the jurisdiction in which the rental vehicle
shall be used.
Important: Check with Your personal automobile insurer and the Rental
Agency to ensure that You and all other drivers have adequate third party
liability, personal injury and damage to property coverage. This policy only
covers loss or damage to the rental vehicle as stipulated herein.
LOSS OF USE means the amount paid to a Rental Agency to compensate it
when a rental vehicle is unavailable for rental while undergoing repairs for
damage incurred during the rental period.
RENTAL AGENCY means an auto Rental Agency licensed to rent vehicles
and which provides a rental agreement. For greater certainty, throughout
this Certiicate of Insurance the terms ‘rental company’ and ‘rental agency’
refer to both traditional auto rental agencies and Car Sharing Programs.
80
RENTAL AGENCY’S CDW means an optional Collision Damage Waiver
(CDW) or similar coverage offered by car rental companies that relieves
renters of inancial responsibility if the car is damaged or stolen while
under rental contract. Rental Agency’s CDW is not insurance.
TAXFREE CAR means a tax-free car package that provides tourists with a
short-term (17 days to 6 months), tax-free vehicle lease agreement with a
guaranteed buyback. The Collision/Loss Damage Insurance program will
not provide coverage for Tax-free cars.
A. Collision/Loss Damage Insurance at a Glance
• Only the Cardholder may rent a vehicle and decline the Rental
Agency’s collision damage waiver (CDW) or an equivalent coverage
offering. This coverage applies only to the Insured Person’s personal
and business use of the rental vehicle.
• Your TD Credit Card must be in good standing.
• You must initiate and complete the entire rental transaction with the
same TD Credit Card.
• The full cost of the rental must be charged to Your TD Credit Card to
activate coverage.
• Coverage is limited to one rental vehicle at a time, i.e., if during the
same period there is more than one vehicle rented by the Cardholder,
only the irst rental will be eligible for these beneits.
• The length of time You rent the same vehicle or vehicles must not
exceed forty-eight (48) consecutive days, which follow one
immediately after the other. In order to break the consecutive day
cycle, a full calendar day must exist between rental periods. If the
rental period exceeds forty-eight (48) consecutive days, coverage will
not be provided from the irst day onwards, i.e. coverage will not be
provided for either the irst 48 consecutive days or any subsequent
days. Coverage may not be extended for more than forty-eight
(48)days by renewing or taking out a new rental agreement with the
same or another Rental Agency for the same vehicle or another
vehicle.
• Coverage is limited to loss/damage to, or theft of a rental vehicle only
up to the rental vehicle’s actual cash value plus valid Loss of Use
charges.
• The Cardholder must decline on the rental contract the CDW option or
its equivalent offered by the Rental Agency. (The Collision/Loss
Damage Insurance coverage does not pay for the premium charged
by the Rental Agency for the CDW offered by the Rental Agency.)
81
• Most vehicles are covered by the Policy. (A list of vehicles excluded
from this coverage is outlined in the section “Types of Vehicles
Covered”.)
• The Collision/Loss Damage Insurance Program will provide coverage
to Cardholders when the full cost of each rental of a vehicle (per use
and mileage charges) is paid for using Your TD Credit Card and the
Car Sharing Program’s Collision/Loss Damage Insurance is declined.
• Coverage is available except where prohibited by law.
• C laims must be reported within forty-eight (48) hours of the damage/
loss occurring by calling 18663741129 (when in Canada or the
United States) or, call collect (416) 9774425.
PLEASE READ THE FOLLOWING COVERAGE DESCRIPTION CAREFULLY
FOR MORE DETAILED INFORMATION ON CONDITIONS AND EXCLUSIONS.
Collision/Loss Damage (CLD) Insurance provides coverage when You use
Your TD Credit Card to pay for a rental vehicle and decline the CDW (or an
equivalent coverage) offered by the Rental Agency. There is no additional
charge for the CLD Insurance. The coverage compensates You or a Rental
Agency for loss/damages up to the actual cash value of the rented vehicle
and valid Rental Agency Loss of Use charges when the conditions
described below are met.
B. Collision/Loss Damage Covers
CLD Insurance is primary insurance (except for losses that may be waived
or assumed by the Rental Agency or their insurer, and in such
circumstances where local government insurance legislation states
otherwise) which pays the amount for which You are liable to the Rental
Agency up to the actual cash value of the damaged or stolen rental vehicle
as well as valid Loss of Use charges resulting from damage or theft
occurring while You are the renter of the rental vehicle.
The length of time You rent the same vehicle or vehicles must not exceed
forty-eight (48) consecutive days. If You rent the same vehicle or vehicles
for more than forty-eight (48) consecutive days, no coverage is provided
for any part of your rental period.
This coverage does NOT include loss arising directly or indirectly from:
1. a replacement vehicle for which Your personal automobile insurance
is covering all or part of the cost of the rental;
2. third party liability;
3. personal injury or damage to property, except the rental vehicle itself
or its equipment;
82
4. the operation of the rental vehicle at any time during which any
Insured Person is driving while intoxicated or under the inluence of
any narcotic;
5. any dishonest, fraudulent or criminal act committed by any Insured
Person;
6. wear and tear, gradual deterioration, or mechanical or electrical
breakdown or failure, inherent vice or damage, insects or vermin;
7. operation of the rental vehicle in violation of the terms of the rental
agreement except:
(a) Insured Persons as deined, may operate the rental vehicle;
(b) the rental vehicle may be driven on publicly maintained gravel roads;
(c) the rental vehicle may be driven across provincial and state
boundaries in Canada and the U.S. and between Canada and
theU.S.
N.B. It must be noted that loss/damage arising while the vehicle is being
operated under (a), (b) or (c) above is covered by this insurance.
However, the Rental Agency’s third party insurance will not be in force
and, as such, You must ensure that You are adequately insured privately
for third party liability.
8. seizure or destruction under a quarantine or customs regulations or
coniscated by order of any government or public authority;
9. transportation of contraband or illegal trade;
10. war, hostile or warlike action, insurrection, rebellion, revolution, civil
war, usurped power, or action taken by government or public authority
in hindering, combatting or defending against such action;
11. transportation of property or passengers for hire;
12. nuclear reaction, nuclear radiation, or radioactive contamination;
13. intentional damage to the rental vehicle by an Insured Person.
C. Who is Eligible for Coverage?
Insured Persons as deined provided that:
1. Your Card Account privileges have not been terminated or suspended,
and/or
2. Your Card Account is not more than ninety (90) days past due.
D. Coverage Activation
For coverage to be in effect, You must:
1. Use Your TD Credit Card to pay for the entire rental from a Rental
Agency.
83
2. Decline the Rental Agency’s CDW option or similar coverage offered by
the Rental Agency on the rental contract. If there is no space on the
vehicle rental contract for You to indicate that You have declined the
coverage, then indicate in writing on the contract “I decline CDW
provided by this merchant.”
• Rental vehicles which are part of prepaid travel packages are also
covered if the total package was paid by Your TD Credit Card.
• You are covered if You receive a “free rental” as a result of a
promotion where You have had to make previous vehicle rentals
and if each such previous rental was entirely paid for with Your
TDCredit Card.
• You are covered if You receive a “free rental” day(s) as a result of the
Aeroplan program for the number of days of free rental (or similar
TD Credit Card program). If the free rental day(s) are combined with
rental days for which You pay the negotiated rate, this entire
balance must be paid by Your TD Credit Card.
• You are covered if Aeroplan points are used to obtain the rental.
However, if only a partial payment is paid using Aeroplan points, the
entire balance of that rental must be paid using Your TD Credit Card
in order to be covered.
E. Coverage Termination
There is NO Coverage when:
1. The Rental Agency reassumes control of the rental vehicle.
2. This Policy is cancelled.
3. Your rental period is more than forty-eight (48) consecutive days, or
Your rental period is extended for more than forty-eight
(48)consecutive days by renewing or taking out a new rental
agreement with the same or another Rental Agency for the same
vehicle or other vehicles.
4. Your TD Credit Card is cancelled or Card privileges are otherwise
terminated.
F. Where Coverage is Available
This coverage is available on a 24-hour basis unless precluded by law or
the coverage is in violation of the terms of the rental contract in the
jurisdiction in which it was formed (other than under section B, Part 7 (a) (b)
or (c) above).
(See the section on “Helpful Hints” for tips on locations where use of this
coverage may be challenged and what to do when a Rental Agency makes
the rental or return of a vehicle dificult.)
84
G. Types of Vehicles Covered
The types of rental vehicles covered include:
A
ll cars, sport utility vehicles, and Mini-Vans (deined as vans made by an
automobile manufacturer and classiied by the manufacturer or a
government authority as Mini-Vans made to transport a maximum of eight
(8) people including the driver and which are used exclusively for the
transportation of passengers and their luggage) except those excluded
below.
The following vehicles are NOT covered:
1. vans, cargo vans or mini cargo vans (other than Mini-Vans as
described above);
2. trucks, pick-up trucks or any vehicle that can be spontaneously
reconigured into a pick-up truck;
3. limousines;
4. off-road vehicles – meaning any vehicle used on roads that are not
publicly maintained roads unless used to ingress and egress private
property;
5. motorcycles, mopeds or motor bikes;
6. trailers, campers, recreational vehicles or vehicles not licensed for
road use;
7. vehicles towing or propelling trailers or any other object;
8. mini-buses or buses;
9. any vehicle with a Manufacturer’s Suggested Retail Price (MSRP)
excluding all taxes, over sixty-ive thousand dollars ($65,000)
Canadian, at the time and place of loss.
10. exotic vehicles, meaning vehicles such as Aston Martin, Bentley,
Bricklin, Daimler, DeLorean, Excalibur, Ferrari, Jensen, Lamborghini,
Lotus, Maserati, Porsche, Rolls Royce;
11. any vehicle which is either wholly or in part hand made, hand inished
or has a limited production of under 2,500 vehicles per year;
12. antique vehicles, meaning a vehicle over twenty (20) years old or
which has not been manufactured for ten (10) years or more.
13. Tax-free cars.
Luxury vehicles such as BMW, Cadillac, Lincoln and Mercedes Benz are
covered as long as they meet the above requirements.
85
IN THE EVENT OF AN ACCIDENT/THEFT
•
Within forty-eight (48) hours, call the Administrator toll-free
18663741129 if You are in Canada or the United States or call
collect (416) 9774425. The Administrator’s representative will answer
Your questions and send You a claim form.
• Decide with the rental agent which one of You will make the claim.
• If the rental agent decides to settle the claim directly, complete the
accident report claim form and assign the right for the Rental Agency
to make the claim on Your behalf on the claim form or other
authorized forms. It is important to note that You remain responsible
for the damage/loss and that You may be contacted in the future to
answer inquiries resulting from the claims process. The rental agent
may fax the required documentation to +18195692814 (toll-free).
Original documentation may also be required in some instances. (If
You have any questions, are having any dificulties, or would like the
claims administrator to be involved immediately, call the number
provided above.)
• If You will be making the claim, You must call the claims administrator
within forty-eight (48) hours of the damage/theft having occurred. Your
claim must be submitted with as much documentation, requested
below, as possible within forty-ive (45) days of discovering the loss/
damage. You will need to provide all documentation within ninety
(90)days of the date of damage or theft to the claims Administrator.
• The following claim documentation is required:
– the claim form, completed and signed
– Your sales draft showing that the rental was paid in full with the
TDCredit Card and/or proof of redemption
– the original copy of the vehicle rental agreement
– accident or damage report, if available
– t he itemized repair bill, or if not available, a copy of the estimate
– receipt for paid repairs
– police report, when available
– copy of Your billing or pre-billing statement if any repair charges
were billed to Your account
Under normal circumstances, the claim will be paid within ifteen (15) days
after the claims Administrator has received all necessary documentation. If
the claim cannot be assessed on the basis of the information that has
been provided, it will be closed.
86
A
fter the Company has paid Your claim, Your rights and recoveries will be
transferred to the Company to the extent of the Company’s payment for
the loss/damage incurred when the rental vehicle was Your responsibility.
This means the Company will then be entitled, at its own expense, to sue in
Your name. If the Company chooses to sue another party in Your name,
You must give the Company all the assistance the Company may
reasonably require to secure its rights and remedies. This may include
providing Your signature on all necessary documents that enable the
Company to sue in Your name.
Once You report damage, loss or theft, a claim ile will be opened and will
remain open for six (6) months from the date of the damage or theft.
Payment will only be made on a claim or any part of a claim that is
completely substantiated as required by the claims Administrator within six
(6) months of the date of loss/damage.
You should use due diligence and do all things necessary to avoid or
reduce any loss or damage to property protected by this Collision/Loss
Damage Insurance.
If You make a claim knowing it to be false or fraudulent in any respect, You
will not be entitled to the beneits of this protection, nor to the payment of
any claim made under this Policy.
H. Legal Action Limitation Period
Every action or proceeding against the insurer for the recovery of
insurance money payable under the contract is absolutely barred unless
commenced within the time set out in the Insurance Act (for actions or
proceedings governed by the laws of Alberta or British Columbia), The
Insurance Act (for actions or proceedings governed by the laws of
Manitoba), the Limitations Act, 2002 (for actions or proceedings governed
by the laws of Ontario), the Civil Code of Quebec (for actions or
proceedings governed by the laws of Quebec), or other applicable
legislation.
I. Helpful Hints
Before You rent a vehicle, ind out if You are required to provide a deposit if
You wish to decline the Rental Agency’s CDW. If possible, select a Rental
Agency which provides an excellent rate AND allows You to decline the
CDW without having to make a deposit.
Rental Agencies in some countries may resist Your declining their CDW
coverage. These Rental Agencies may try to encourage You to take their
coverage or to provide a deposit. If You experience dificulty using Your
CLD Insurance coverage, please call toll-free 18663741129 if You are in
Canada or the United States or, call collect (416) 9774425 and provide:
87
•
the name of the Rental Agency involved,
• the Rental Agency’s address,
• the date of the rental,
• t he name of the Rental Agency representative with whom You spoke,
and Your rental contract number.
The Rental Agency will then be contacted and acquainted with the CLD
Insurance coverage.
In certain locations, the law requires that Rental Agencies provide Collision
Damage Coverage in the price of the vehicle rental. In these locations (and
in Costa Rica or elsewhere where Cardholders may be required to accept
CDW), the CLD Insurance will provide coverage for any required deductible
provided that all the procedures outlined in the Certiicate are followed and
the Rental Agency’s Deductible Waiver has been declined on the rental
contract.
You will not be compensated for any payment You may have made to
obtain the Rental Agency’s CDW.
Check the rental vehicle carefully for scratches or dents before and after
You drive the vehicle. Be sure to point out where the scratches or dents are
located to a Rental Agency representative.
If the vehicle has sustained damage of any kind, immediately phone one of
the numbers provided and do not sign a blank sales draft to cover the
damage and Loss of Use charges or, a sales draft with an estimated cost of
repair and Loss of Use charges. The rental agent may make a claim on
Your behalf to recover repair and Loss of Use charges by following the
procedures outlined in the section “In the Event of an Accident/Theft”.
88
PURCHASE SECURITY AND EXTENDED
WARRANTY PROTECTION
Coverage under this Certiicate is provided by:
TD Home and Auto Insurance Company (Insurer)
320 Front Street West, 3
rd
Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Global Excel Management Inc. (Administrator)
73 Queen Street, Sherbrooke, QC J1M 0C9
Phone: 18663741129 or (416) 9774425
The Certiicate applies to the TD Aeroplan Visa Business Card which will be
referred to as a “TD Credit Card” throughout the Certiicate:
Certiicate of Insurance
This Certiicate contains a clause which may limit the amount payable.
Please note that in Alberta, Statutory Conditions are deemed to be part of
every contract that include insurance against loss or damage to property
and said Statutory Conditions are included in the Group Policy.
The terms of the TD Credit Card Purchase Security and Extended Warranty
Protection Group Policy #TDVP112008 (the “Master Policy”) issued by
TDHome and Auto Insurance Company (“Insurer”) to
The Toronto-DominionBank are described in this Certiicate.
Our Administrator administers the insurance on behalf of TD Home and
Auto Insurance Company, and provides claims assistance, claims payment
and administrative services under the Group Policy.
Words in italics in this Certiicate are deined in section 1.
Section 1 – Deinitions
AC
COUNT(S) means Your TD Credit Card Account accessed using Your
TDCredit Card or TD Visa Cheque.
ACCOUNT HOLDER means the person who was issued, a TD Credit Card,
whose name is on the Account and who is a resident of Canada. The
Account Holder may be referred to herein using “You” and “Your”.
ADMINISTRATOR means the service provider arranged by the Insurer to
provide claims payment and administrative services under the Policy.
CERTIFICATE means this certiicate of insurance.
INSURED ITEM means a new item of property (a pair or set being one item)
for use for which at least 75% of the Purchase Price has been charged to
the Account of the Account Holder.
89
MANUFACTURER’S WARRANTY means an express written warranty issued
by or on behalf of the manufacturer of the Insured Item at the point of sale
at the time of purchase of an Insured Item. The Manufacturer’s Warranty
must be valid in Canada.
PURCHASE PRICE means the actual cost to the Account Holder of the
Insured Item, including any applicable sales tax.
Section 2 – What are the Insurance Beneits
(a) Purchase Security
The Purchase Security Plan automatically protects most Insured Items
purchased with the TD Credit Card for ninety (90) days from purchase for
all risk of direct physical loss or damage, except as herein provided,
anywhere in the world, in excess of other applicable insurance. If the item
is lost, stolen or damaged, it will be replaced or repaired, or the Account
Holder will be reimbursed for the Purchase Price. This protection is provided
at no additional cost.
(b) Extended Warranty Protection
(i) The Extended Warranty Protection Plan automatically provides extended
warranty coverage for Insured Items, such coverage to commence
immediately following the expiry of the applicable Manufacturer’s
Warranty for a period equal to the period of the Manufacturer’s Warranty
coverage or one year, whichever is the lesser, on most items purchased
with the TD Credit Card as long as there is a Manufacturer’s Warranty
valid in Canada (automatic coverage is limited to warranties ive years or
less.) Manufacturer’s Warranties greater than ive years are covered if
registered with the Administrator within the irst year after purchase of
the item.
(ii) To register an Insured Item with a warranty greater than ive (5) years for
Extended Warranty Protection, the Account Holder must contact the
Administrator and provide:
• a copy of the sales receipt;
• Credit Card record of charge or Credit Card statement;
• serial number of the item, if available;
• original Manufacturer’s Warranty valid in Canada; and
• description of the product to the Insurer at the address noted in
section 5.
This protection is provided at no additional cost.
90
Section 3 – Policy Limits
The
re is a maximum aggregate lifetime beneit per Account Holder of
$60,000 for all TD Credit Cards of the Account Holder. The Account Holder
will be entitled to receive no more than the full Purchase Price of the
protected Item as recorded on the Account receipt or Account statement.
Claims for items belonging to a pair or set will be paid for at the Purchase
Price of the pair or set provided the parts of the pair or set are unusable
individually and cannot be replaced individually. Subject to the exclusions,
terms and limits of liability as stated in this Certiicate, the Administrator, at
its sole option, may elect to:
(a)
Repair, rebuild or replace the item lost or damaged (whether wholly or
in part), upon notifying the Account Holder of its intention to do so
within forty-ive (45) days following receipt of the required Loss Report;
or
(b) Pay cash for said item, not exceeding the full Purchase Price thereof
paid using the Account.
S
ection 4 – Exclusions
Any loss or damage of any aspect of any product, device, or equipment to
function properly as caused by any change in date will be excluded. This
exclusion applies to Purchase Security and to Extended Warranty
Protection.
Purchase Security
(a) Coverage is not extended to loss or damage to the following:
(i) cash or its equivalent, traveller’s cheques, tickets and any
negotiable instruments;
(ii) art objects, bullion, rare or precious coins;
(iii) perishables, animals or living plants;
(iv) jewellery and watches in baggage unless carried by hand and
under the personal supervision of the Account Holder or Account
Holder’s travelling companion previously known to the Account
Holder;
(v) a utomobiles, motorboats, aircrafts, motorcycles, drones, motor
scooters and other motorized vehicles, parts and accessories
thereof;
(vi) ancillary costs incurred in respect of an Insured Item and not
forming part of the Purchase Price;
(vii) parts and/or labour required as a result of mechanical breakdown;
(viii) used and pre-owned items including antiques and demos;
91
(ix) items consumed in use; and
(x) services.
(b) Loss or damage resulting from the following perils are excluded from
c
overage:
(i) abuse or fraud;
(ii) lood or earthquake;
(iii) war, invasion, hostilities, rebellion, insurrection, terrorism,
coniscation by authorities, contraband or illegal activity;
(iv) normal wear and tear;
(v) mysterious disappearance (used herein to mean disappearance in
an unexplained manner marked by an absence of evidence of the
wrongful act of another);
(vi) radioactive contamination;
(vii) inherent product defects;
(viii) normal course of play;
(ix) willful acts or omissions; and
(x) indirect, incidental or consequential damages, including bodily
injury, property damage, economic loss, punitive or exemplary
damages and legal costs are not covered.
Extended Warranty Protection
In a
ddition to any exclusions which may be set out in the Manufacturer’s
Warranty, this Certiicate does not cover:
(i) wear and tear, gradual reduction in operating performance,
negligence, misuse and abuse;
(ii) automobiles, motor boats, aircraft, motorcycles, drones, motor
scooters and other motorized vehicles and parts and accessories
thereof;
(iii) willful acts or omissions and improper installation or alteration;
(iv) ancillary costs;
(v) used or pre-owned items including demos;
(vi) consequential damages, including bodily injury, property damages,
economic loss, punitive or exemplary damages and legal costs are
not covered; and
(vii) inherent product defects.
92
Section 5 – Claims
The Account Holder must furnish the Administrator with proof of loss. This
shall include a signed Loss Report.
(a) Initial Notiication
If You have incurred a loss covered under the Purchase Security or
Extended Warranty Protection Plans, You must give notice by contacting
the Administrator within forty-ive (45) days from the date of loss or
damage.
Call toll-free between 8:00 a.m. and 8:00 p.m. Eastern Time, Monday to
Friday: 18663741129 or 4169774425
The Account Holder will be asked to provide or, if writing, should provide:
• name, address and telephone number
• Account number used to purchase the Insured Item
• description of the Insured Item and
• date, place, amount and cause of the loss or damage.
(b) Written Proof
(i) Purchase Security
In the event of a claim covered under the Purchase Security Plan, a
Loss Report will be mailed by the Administrator to the Account Holder.
Complete in full and return within ninety (90) days from the date of
loss or damage.
The Loss Report shall include but may not be limited to:
• a copy of the Account charge receipt and/or Account statement
• a copy of the store receipt
• serial number of the Insured Item (where applicable) and
• any other information reasonably required by the Administrator
such as a police or insurance claim report.
(ii) Extended Warranty Protection
You must report the claim information as detailed above prior to
proceeding with the repair or replacement.
The Administrator will:
1. Authorize the repair, if appropriate; and
2. Ask the Account Holder to:
• return the Insured Item to the manufacturer’s service dealer as
speciied on the Manufacturer’s Warranty;
93
• have the authorized dealer contact the Insurer; and if repairable
• pay for the repair and submit:
– a c
opy of the Account charge receipt and/or Account
statement;
– a copy of the paid repair invoice;
– a copy of the store receipt;
– serial number of the Insured Item; and
– a copy of the Manufacturer’s Warranty.
In the event that the damaged Insured Item i
s not repairable, submit all
applicable information to the Administrator as outlined above. The
Administrator may require the Account Holder, at the Account Holder’s
expense, to send the damaged Insured Item to an address designated by
the Administrator.
If the claim is made in respect of an Insured Item which is a gift, the claim
may be made by the Account Holder or the recipient of the gift subject to
compliance with the terms and conditions of the Certiicate.
Section 6 – Termination of Insurance
This coverage terminates on the earliest of the following:
a) When Your Account is closed;
b) When Your Account is ninety (90) or more days past due but coverage
is automatically reinstated when the Account is returned to good
standing; and
c) When the Master Policy is cancelled except that the Insurer will remain
liable for the claim if the event giving rise to the claim occurred prior to
the effective termination date and the claim is otherwise valid.
Section 7 – General Conditions
OTHER INSURANCE. The Purchase Security coverage is in excess of the
Account Holder’s other applicable valid and collectible insurance or
indemnity. The Insurer will be liable only for the excess of the amount of the
loss or damage over the amount covered under other insurance or
indemnity and for the amount of any applicable deductible, only if all other
insurance has been exhausted and subject to the exclusions, terms and
limits of liability of the Master Policy. This coverage will not apply as
contributing insurance and this “non-contribution” shall control despite any
“non-contribution” provision in other insurance or indemnity policies or
contracts.
94
SU
BROGATION. Following the Insurer’s payment of an Account Holder’s
claim or loss or damage the Insurer shall be subrogated to the extent of the
cost of such payment, to all rights and remedies of the Account Holder
against any party in respect of such loss or damage, and shall be entitled
at its own expense to sue in the name of the Account Holder. The Account
Holder shall give the Insurer all such assistance as the Insurer may
reasonably require to secure its rights and remedies, including the
execution of all documents necessary to enable the Insurer to bring suit in
the name of the Account Holder.
BENEFITS ACCOUNT HOLDER ONLY. This protection provided by the
Purchase Security and Extended Warranty Protection Plans shall inure to
the beneit of the Account Holder. No other person or entity shall have any
right, remedy or claim, legal or equitable, to the beneits.
DUE DILIGENCE. The Account Holder shall use due diligence and do all
things reasonable to avoid or diminish any loss of or damage to property
protected by the Master Policy. Where damage or loss is due to a malicious
act, burglary, robbery, theft or attempted theft, or is suspected to be so
due, the Account Holder shall give immediate notice to the police or other
authorities having jurisdiction. The Insurer will require evidence of such
notice with the Loss Report prior to settlement of a claim.
FALSE CLAIM. If an Account Holder makes any claim knowing it to be false
or fraudulent in any respect, such Account Holder shall no longer be
entitled to the beneits of this protection or to the payment of any claim
made under the Master Policy.
LEGAL ACTION LIMITATION PERIOD. Every action or proceeding against
the insurer for the recovery of insurance money payable under the contract
is absolutely barred unless commenced within the time set out in the
Insurance Act (for actions or proceedings governed by the laws of Alberta
or British Columbia), The Insurance Act (for actions or proceedings
governed by the laws of Manitoba), the Limitations Act, 2002 (for actions or
proceedings governed by the laws of Ontario), the Civil Code of Quebec
(for actions or proceedings governed by the laws of Quebec), or other
applicable legislation.
MASTER POLICY. This Certiicate is not a Policy of Insurance. In the event
of any conlict between this description of coverage and the Master Policy,
the terms and conditions of the Master Policy will govern. In no event does
possession of multiple certiicates or TD Credit Cards entitle an Insured
Person to beneits in excess of those stated herein for any one loss
sustained.
95
MOBILE DEVICE INSURANCE
Coverage under this Certiicate is provided by:
American Bankers Insurance Company of Florida
5000 Yonge Street, Suite 2000, Toronto, Ontario M2N 7E9
Phone: 18008590694
This Certiicate of Insurance contains a clause which may limit the
amount payable.
The coverage outlined in this Certiicate of Insurance is effective
November 8, 2020, and is provided to eligible TDAeroplan Visa Business
Card Account Holders. Refer to the Deinitions section below or to the
paragraph following this one for the meanings of all capitalized and
italicized terms.
Mobile Device Insurance is underwritten by American Bankers Insurance
Company of Florida (the “Insurer”) under Group Policy No. TDA112020 (the
“Policy”) issued by the Insurer to The Toronto-Dominion Bank (the
“Policyholder”). The Insurer, its subsidiaries, and afiliates carry on business
in Canada under the trade name of Assurant
®
. Assurant
®
is a registered
trademark of Assurant, Inc.
The terms, conditions and provisions of the Policy are summarized in this
Certiicate of Insurance, which is incorporated into and forms part of the
Policy. Mobile Device Insurance beneits are subject in every respect to the
Policy, which alone constitutes the agreement under which beneits will be
provided. You or a person making a claim under this Certiicate of
Insurance may request a copy of the Policy and/or copy of Your application
for this insurance (if applicable) by writing to the Insurer at the address
shown below.
American Bankers Insurance Company of Florida’s head ofice is located
at 5000 Yonge Street, Suite 2000, Toronto, Ontario M2N 7E9.
Claim payment and administrative services are arranged and/or provided
by the Insurer.
In no event will a corporation, partnership or business entity be eligible for
the insurance coverage provided by this Certiicate of Insurance.
96
Section 1 – Deinitions
T
he following words and phrases, shown capitalized and italicized in this
Certiicate of Insurance, have the meanings shown below. You may need
to refer to this section to ensure You have a full understanding of Your
coverage, limitations and exclusions.
Accidental Damage means damage caused by an unexpected and
unintentional external event such as drops, cracks, and spills that occur
during normal daily usage of the Mobile Device as the manufacturer
intended.
Account means Your TD Aeroplan Visa Business Card account, which must
be in Good Standing with the Policyholder.
Account Holder means a natural person who was issued a TD Aeroplan
Visa Business Card, whose name is on the Account and who is a resident of
Canada. The Account Holder may be referred to as “You” or “Your”.
Dollars and $ means Canadian dollars.
Good Standing means, with respect to an Account, that the Account
Holder has not advised the Policyholder to close the Account or the
Policyholder has not suspended or revoked credit privileges or otherwise
closed the Account.
Household Member means a spouse, parents, stepparents, grandparents,
grandchildren, in-laws, natural or adopted children, stepchildren, brothers,
sisters, stepbrothers and stepsisters whose permanent residence and
address is the same as the Account Holder.
Mobile Device means a new or, if purchased directly from an original
equipment manufacturer or Provider, a refurbished cellular phone,
smartphone or tablet (portable single-panel touchscreen computer), which
has Internet-based and/or wireless communication capabilities.
Mysterious Disappearance means the vanishing of a Mobile Device which
cannot be explained, i.e. there is an absence of evidence of a wrongful act
of another person.
Other Insurance means all other applicable valid insurance, indemnity,
warranty, or protection available to the Account Holder in respect of a loss
subject to a claim under this Certiicate of Insurance, including group and
individual insurance, credit card coverage (whether group or individual),
and any other reimbursement plans.
Plan means a ixed-term contract offered by a wireless service Provider.
Provider means a Canadian wireless service Provider.
97
Purchase Price means the portion of the Total Cost paid and charged to
the Account if purchasing a Mobile Device outright, or the Total Cost the
Account Holder will pay if funding the purchase of a Mobile Device through
a Plan.
Total Cost means the cost of a Mobile Device, including any applicable
taxes, and less any Trade-In Credit(s) and costs for fees associated with the
Mobile Device purchased such as insurance premiums, customs duty,
delivery and transportation costs, or similar costs or fees.
Trade-In Credit(s) means an in-store credit or certiicate issued by a
retailer or Provider to the Account Holder when the Account Holder
trades-in an old mobile device.
Section 2 – Coverage
A. ELIGIBILITY
You are eligible for Mobile Device Insurance when You purchase a Mobile
Device anywhere in the world, and You:
a) charge at least 75% of the Total Cost to Your Account. If the Mobile
Device is equipped with cellular data technology, You must also
activate Your Mobile Device with a Provider; or
b) charge any portion of the Total Cost that is required to be paid
up-front to Your Account, fund the balance of the Total Cost through
a Plan, and charge all monthly wireless bill payments to Your
Account for the duration of Your Plan; or
c) fund the Total Cost through a Plan and charge all the monthly
wireless bill payments to Your Account for the duration of the Plan.
B. COVERAGE PERIOD
Mobile Device coverage takes effect on the later of:
a) 30 days from the date of purchase of Your Mobile Device; and
b) the date the irst monthly wireless bill payment is charged to Your
Account.
Mobile Device coverage ends on the earlier of:
a) two years from the date of purchase;
b) the date ONE monthly wireless bill payment was not charged to
Your Account, if You are funding the Total Cost of Your Mobile Device
through a Plan;
c) the date the Account ceases to be in Good Standing; and
d) the date You cease to be eligible for coverage.
98
C. BENEFITS
If a Mobile Device is lost, stolen or suffers mechanical breakdown or
Accidental Damage, You will be reimbursed the lesser of its repair or
replacement cost, not exceeding the depreciated value of Your Mobile
Device at date of loss, less the deductible , to a maximum of $1,000,
subject to the Limitations and Exclusions below.
††
†
† The depreciated value of Your Mobile Device at date of loss is
calculated by deducting from the Purchase Price of Your Mobile Device
the depreciation rate of 2% for each completed month from the date
ofpurchase.
†† The amount of the deductible is based on the Total Cost of Your
Mobile Device less any applicable taxes, as determined from the
following table:
Total Cost (Less Taxes) Applicable Deductible
$0– $200 $25
$200.01– $400 $50
$400.01– $600 $75
$600.01 or more $100
For example: If You purchase a Mobile Device for a Purchase Price of
$800 ($700 + $100 in applicable taxes) on May1, and ile a claim on
January21 of the following year, the maximum reimbursement will be
calculated as follows:
1) Calculation of the depreciated value of Your Mobile Device:
Purchase Price $800
Less depreciation cost (2% × 8months × $800)
− $128
Depreciated value $672
2) Calculation of the maximum reimbursement:
Depreciated value $672
Less deductible (based on Total Cost)
− $100
Maximum reimbursement $572
In the event You ile a valid repair claim and the cost of repair is $500,
including applicable taxes, upon approval of Your claim, the maximum
reimbursement available to You will be $500.
In the event Your Mobile Device is lost or stolen and, upon approval of
Your claim, You purchase a replacement Mobile Device for a price of
$800 including applicable taxes, the maximum reimbursement available
to You will be $572.
99
A replacement Mobile Device must be of the same make and model as
the original Mobile Device, or in the event the same make and model is
not available, of like kind and quality with comparable features and
functionality as the original Mobile Device.
All claims are subject to the terms, conditions, and Limitations and
Exclusions set out in this Certiicate of Insurance.
D.
LIMITATIONS AND EXCLUSIONS
Thi
s coverage complements but does not replace the manufacturer’s
warranty or warranty obligations.
This coverage does, however, provide certain additional beneits for
which the manufacturer may not provide coverage. Parts and services
covered by the manufacturer’s warranty and warranty obligations are
the responsibility of the manufacturer only.
If You have one or more Account providing Mobile Device Insurance, the
maximum number of claims under all Your Accounts is limited to one
claim in any 12 consecutive month period and two claims in any
48consecutive month period.
Mobile Device Insurance does not cover:
1) accessories, whether included with Your Mobile Device in the
original manufacturer’s package or purchased separately;
2) batteries;
3) Mobile Devices purchased for resale;
4) used, previously owned Mobile Devices;
5) refurbished Mobile Devices (unless provided as a replacement for
Your Mobile Device under the manufacturer’s warranty or purchased
directly from an original equipment manufacturer or Canadian
Provider);
6) Mobile Devices that have been modiied from their original state;
7) Mobile Devices being shipped, until received and accepted by You
in new and undamaged condition; and
8) Mobile Devices stolen from baggage unless such baggage is
hand-carried under the personal supervision of the Account Holder
or the Account Holder’s travelling companion with the Account
Holder’s knowledge.
100
N
o beneits are payable for:
1) losses or damage resulting directly or indirectly from:
a) fraud, misuse or lack of care, improper installation, hostilities of
any kind (including war, invasion, rebellion or insurrection),
coniscation by authorities, risks of contraband, illegal activities,
normal wear or tear, lood, earthquake, radioactive
contamination, Mysterious Disappearance or inherent product
defects;
b) power surges, artiicially generated electrical currents or
electrical irregularities;
c) any occurrence that results in catastrophic damage beyond
repair, such as the device separating into multiple pieces;
d) cosmetic damage that does not affect functionality;
e) software, cellular/wireless service provider or network issues; or
f) theft or intentional or criminal acts by the Account Holder or
Household Members; and
2) incidental and consequential damages including bodily injury, loss of
use, property, punitive and exemplary damages and legal fees.
E. GIFTS
Mobile Devices given as gifts are covered under the Mobile Device
coverage provided all eligibility requirements are met. In the event of a
claim, You, not the recipient of the gift, must make the claim for beneits.
F. OTHER INSURANCE
Mobile Device Insurance beneits are in excess of all Other Insurance
available to You in respect of the Mobile Device subject to the claim.
The Insurer will be liable only:
• for the amount of loss or damage over the amount covered under
such Other Insurance and for the amount of any applicable
deductible, and
• if all such Other Insurance has been claimed under and exhausted,
and further subject to the terms and Limitations and Exclusions set
out herein.
This coverage will not apply as contributing insurance notwithstanding
any provision in any Other Insurance.
101
G.
HOW TO MAKE A CLAIM
PRIOR to proceeding with any action or repair services or replacement of
the Mobile Device, You must irst obtain the Insurer’s approval. Failure to
do so will make Your claim ineligible.
Immediately after a loss or an occurrence which may lead to a loss
covered under Mobile Device Insurance occurs, but in no event later
than 30 days from the date of loss, You must contact the Insurer by
calling 18008590694 between 8:00 a.m. and 8:00 p.m. ET, Monday
through Friday to obtain a claim form. To ile a claim online, please visit
c
ardbeneits.assurant.com
In
the event of loss or theft, You must notify Your Provider to suspend
Your wireless services within 48 hours of the date of loss. In addition, in
the event of theft, You must also notify the police within seven days of
the date of loss.
You must submit a completed claim form containing the time, place,
cause and amount of loss, and provide documentation to substantiate
Your claim including:
1) the original sales receipt detailing or similar document detailing the
date, description of Your Mobile Device, and any pay upfront
amounts and trade-in credits;
2) a copy of your Wireless Service Agreement or similar document
indicating the date, a description of Your Mobile Device and the
non-subsidized retail cost of Your Mobile Device;
3) the date and time you notiied Your Provider of loss or theft;
4) a copy of the original manufacturer’s warranty (for mechanical
failure claims) may be required;
5) a copy of the written repair estimate (for mechanical failure and
Accidental Damage claims);
6) if You purchased Your Mobile Device outright, Your Account
statement showing the Purchase Price;
7) if Your Mobile Device was funded through a Plan, Your Account
statement showing any portion of the Total Cost paid up-front, if
applicable, and credit card statements for up to 12 months
immediately preceding the date of loss showing Your monthly
wireless bill charged to Your Account;
8) a copy of any document detailing any Other Insurance beneits or
protection and reimbursements received for this occurrence;
102
9) a police report, ire loss report, or other report of the occurrence of
th
e loss, theft or, upon Our request, the Accidental Damage of Your
Mobile Device.
You mu
st obtain a written estimate of the cost to repair Your Mobile
Device by a repair facility authorized by the original Mobile Device
manufacturer. At its sole discretion, the Insurer may ask You to return, at
Your own expense, the damaged item on which a claim is based to the
Insurer in order to support Your claim.
Section 3 – General Provisions and Statutory Conditions
Unless otherwise expressly provided herein or in the Policy, the following
general provisions apply to the beneits described in this Certiicate of
Insurance.
A. SUBROGATION
As a condition to the payment of any claim to an Account Holder, the
Account Holder shall, upon request, transfer or assign to the Insurer all
legal rights against all other parties for the loss. The Account Holder shall
give the Insurer all such assistance as the Insurer may reasonably require
to secure its rights and remedies, including the execution of all
documents necessary to enable the Insurer to bring suit in the name of
the Account Holder.
B. TERMINATION OF INSURANCE
All coverage under this Certiicate of Insurance terminates on the earlier of:
a) the date the Account is cancelled or closed; and
b) the date the Policy terminates.
No beneits will be paid for any loss incurred after coverage under this
Certiicate of Insurance has terminated, unless otherwise speciied or
agreed.
C. DUE DILIGENCE
The Account Holder shall use diligence and do all things reasonable to
avoid or diminish any loss under the Policy.
D. NOTICE AND PROOF OF CLAIM
Written notice of claim must be given to the Insurer as soon as
reasonably possible after a claim occurs, but in all events provided
within 90 days from the date on which loss occurred.
Failure to provide notice or furnish proof of claim within the time
prescribed herein does not invalidate the claim if the notice or proof is
given or furnished as soon as reasonably possible, and in no event later
than 1 year from the date a claim arises hereunder, if it is shown that it
103
was not reasonably possible to give notice or furnish proof within the
time so prescribed. If the notice or proof is given or furnished after 1 year,
Your claim will not be paid.
E. PAYMENT OF CLAIM
Beneits payable under the Policy will be paid upon receipt of full written
proof, as determined by the Insurer.
F. LEGAL ACTION
Every action or proceeding against an insurer for the recovery of
insurance money payable under the contract is absolutely barred unless
commenced within the time set out in the Insurance Act, Limitations Act
or other applicable legislation in Your province or territory.
G. FALSE CLAIM
If You make a claim knowing it to be false or fraudulent in any respect,
You will not be entitled to the beneit of coverage under the Policy, nor to
the payment of any claim made under the Policy.
H. IF YOU HAVE A CONCERN OR COMPLAINT
If You have a concern or complaint about Your coverage, please call the
Insurer at 18008590694. The Insurer will do its best to resolve Your
concern or complaint. If for some reason the Insurer is unable to do so to
Your satisfaction, You may pursue the concern or complaint in writing to
an independent external organization. You may also obtain detailed
information for the Insurer’s resolution process and the external recourse
either by calling the Insurer at the number listed above or at:
www.assurantsolutions.ca/consumer-assistance
I. PRIVACY
The Insurer may collect, use, and share personal information provided by
You to the Insurer, and obtained from others with Your consent, or as
required or permitted by law. The Insurer may use the information to
serve You as a customer and communicate with You. The Insurer may
process and store Your personal information outside Your province in
another country, which may be subject to access by government
authorities under applicable laws of that country. You may obtain a copy
of the Insurer’s privacy policy by calling 18887788023 or from their
website: www.assurant.ca/privacy-policy. If You have any questions or
concerns regarding the privacy policy, the purposes and means for
which Your information is being collected, Your rights, Your options for
refusing or withdrawing Your consent to the use of Your personal
information, You may call the Insurer at the number listed above.
104
HOTEL/MOTEL BURGLARY INSURANCE
Coverage under this Certiicate is provided by:
American Bankers Insurance Company of Florida
5000 Yonge Street, Suite 2000, Toronto, Ontario M2N 7E9
Phone: 18008590694
This Certiicate of Insurance contains a clause which may limit the
amount payable.
The coverage outlined in this Certiicate of Insurance is effective
November8, 2020, and is provided to eligible TDAeroplan Visa Business
Card Account Holders. Refer to the Deinitions section below or to the
paragraph following this one for the meanings of all capitalized and
italicized terms.
Hotel/Motel Burglary Insurance is underwritten by American Bankers
Insurance Company of Florida (the “Insurer”) under Group Policy No.
TDA112020 (the “Policy”) issued by the Insurer to The Toronto-Dominion Bank
(the “Policyholder”). The Insurer, its subsidiaries, and afiliates carry on
business in Canada under the trade name of Assurant
®
. Assurant
®
is a
registered trademark of Assurant, Inc.
The terms, conditions and provisions of the Policy are summarized in this
Certiicate of Insurance, which is incorporated into and forms part of the
Policy. Hotel/Motel Burglary Insurance beneits are subject in every respect
to the Policy, which alone constitutes the agreement under which beneits
will be provided. You or a person making a claim under this Certiicate of
Insurance may request a copy of the Policy and/or copy of Your application
for this insurance (if applicable) by writing to the Insurer at the address
shown below.
American Bankers Insurance Company of Florida’s head ofice is located
at 5000 Yonge Street, Suite 2000, Toronto, Ontario M2N 7E9.
Claim payment and administrative services are arranged and/or provided
by the Insurer.
In no event will a corporation, partnership or business entity be eligible for
the insurance coverage provided by this Certiicate of Insurance.
Section 1 – Deinitions
The following words and phrases, shown capitalized and italicized in this
Certiicate of Insurance, have the meanings shown below. You may need
to refer to this section to ensure You have a full understanding of Your
coverage, limitations and exclusions.
105
Account means Your TD Aeroplan Visa Business Card account, which must
be in Good Standing with the Policyholder.
Account Holder m
eans a natural person who was issued a TD Aeroplan
Visa Business Card, whose name is on the Account and who is a resident
of Canada. The Account Holder may be referred to as “You” or “Your”.
Check In means the moment the Account Holder registers at the
Hotel/Motel.
Check Out means the moment the Account Holder vacates the Hotel/Motel
room and pays the cost incurred for the duration of the stay.
Dependent Children means the Account Holder’s unmarried natural,
adopted or stepchildren who are dependent on the Account Holder for
maintenance and support and who are either under 21 years of age, or
under 25 years of age and in full time attendance at a recognized
institution of higher learning in Canada. Dependent Child(ren) also includes
children 21 years of age or over who are permanently mentally or physically
challenged and incapable of self-support.
Dollars and $ means Canadian dollars.
Good Standing means, with respect to an Account, that the Account
Holder has not advised the Policyholder to close the Account or the
Policyholder has not suspended or revoked credit privileges or otherwise
closed the Account.
Hotel/Motel means an establishment located in Canada or the United
States that provides lodging for the general public, and usually meals,
entertainment, and various personal services. Hotel/Motel does not include
a privately-owned residence offered for rental through an online
marketplace service, or other similar online service.
Insured Person means the Account Holder and, when travelling with the
Account Holder, the Account Holder’s Spouse, Dependent Children, and
parents residing with the Account Holder.
Other Insurance means all other applicable valid insurance, indemnity,
warranty, or protection available to the Account Holder in respect of a loss
subject to a claim under this Certiicate of Insurance, including group and
individual insurance, credit card coverage (whether group or individual),
and any other reimbursement plans.
Spouse means the person who is legally married to the Account Holder or
the person who has been living with the Account Holder for a continuous
period of at least 1 year and is publicly represented as the Account Holder’s
Spouse.
106
Section 2 – Coverage
A. ELIGIBILITY
You are eligible for Hotel/Motel Burglary Insurance coverage when You
charge at least 75% of the total cost of the Hotel/Motel room to Your
Account and/or paid for using Your Aeroplan Points.
B. COVERAGE PERIOD
Hotel/Motel Burglary Insurance coverage is in effect for the period of
time between Check In and Check Out, and ends on the earlier of:
1) the date the Account ceases to be in Good Standing; and
2) the date the Insured Person ceases to be eligible for coverage.
No beneits will be paid for losses incurred after coverage has ended,
unless otherwise speciied and agreed.
C. BENEFITS
Hotel/Motel Burglary Insurance coverage protects the Insured Person
from theft of most items of personal property from a Hotel/Motel room
where there is evidence of forceful entry. The maximum beneit payable
per occurrence for all Insured Persons is $2,500, in excess of Other
Insurance and/or payments made by the Hotel/Motel.
D. EXCLUDED ITEMS
Hotel/Motel Burglary Insurance does not cover the following items:
1) cash;
2) travellers cheques;
3) securities;
4) credit cards or any other negotiable instruments;
5) tickets; and
6) documents.
E. HOW TO MAKE A CLAIM
You MUST give immediate notice to the police or other authorities having
jurisdiction upon discovery of a loss.
To obtain a claim form in order to present a claim, notify the Insurer as
soon as reasonably possible, but in no event later than 45 days from the
date of loss, by calling 18008590694 from Canada and the United
States between 8:00 a.m. and 8:00 p.m. ET, Monday through Friday. To
ile a claim online, please visit cardbeneits.assurant.com. You must
maintain original copies of all documents required.
107
You will be required to complete a claim form and include copies of the
TDAeroplan Visa Business Card charge slip or transaction conirmation,
Account statement, a written statement from the Hotel/Motel conirming
the date, time and details of the loss, police report, payout
documentation from the Hotel/Motel and/or Other Insurance carrier, if
applicable, and any other information reasonably required by the Insurer
to determine coverage eligibility. If a copy of the police report is not
obtainable, You must provide the police department address and
telephone number, incident report ile number, and contact name on
theile.
The completed claim forms together with written proof of loss must be
delivered as soon as reasonably possible, but in all events within 1 year
from the date on which the loss occurred.
Section 3 – General Provisions and Statutory Conditions
Unless otherwise expressly provided herein or in the Policy, the following
general provisions apply to the beneits described in this Certiicate of
Insurance.
A. SUBROGATION
As a condition to the payment of any claim to an Account Holder, the
Account Holder and/or any Insured Person shall, upon request, transfer
or assign to the Insurer all legal rights against all other parties for the
loss. The Account Holder and/or any Insured Person shall give the Insurer
all such assistance as the Insurer may reasonably require to secure its
rights and remedies, including the execution of all documents necessary
to enable the Insurer to bring suit in the name of the Account Holder
and/or Insured Person.
B. TERMINATION OF INSURANCE
All coverage under this Certiicate of Insurance terminates on the earlier
of:
a) the date the Account is cancelled or closed; and
b) the date the Policy terminates.
No beneits will be paid for any loss incurred after coverage under this
Certiicate of Insurance has terminated, unless otherwise speciied or
agreed.
C. DUE DILIGENCE
The Insured Person shall use diligence and do all things reasonable to
avoid or diminish any loss under the Policy.
108
D. NOTICE AND PROOF OF CLAIM
Written notice of claim must be given to the Insurer as soon as
reasonably possible after a claim occurs, but in all events provided
within 90 days from the date on which loss occurred.
Failure to provide notice or furnish proof of claim within the time
prescribed herein does not invalidate the claim if the notice or proof is
given or furnished as soon as reasonably possible, and in no event later
than 1 year from the date a claim arises hereunder, if it is shown that it
was not reasonably possible to give notice or furnish proof within the
time so prescribed. If the notice or proof is given or furnished after 1 year,
Your claim will not be paid.
E. PAYMENT OF CLAIM
Beneits payable under the Policy will be paid upon receipt of full written
proof, as determined by the Insurer.
F. LEGAL ACTION
Every action or proceeding against an insurer for the recovery of
insurance money payable under the contract is absolutely barred unless
commenced within the time set out in the Insurance Act, Limitations Act
or other applicable legislation in Your province or territory.
G. FALSE CLAIM
If You make a claim knowing it to be false or fraudulent in any respect,
You will not be entitled to the beneit of coverage under the Policy, nor to
the payment of any claim made under the Policy.
H. IF YOU HAVE A CONCERN OR COMPLAINT
If You have a concern or complaint about Your coverage, please call the
Insurer at 18008590694. The Insurer will do its best to resolve Your
concern or complaint. If for some reason the Insurer is unable to do so to
Your satisfaction, You may pursue the concern or complaint in writing to
an independent external organization. You may also obtain detailed
information for the Insurer’s resolution process and the external recourse
either by calling the Insurer at the number listed above or at:
www.assurantsolutions.ca/consumer-assistance
I. PRIVACY
The Insurer may collect, use, and share personal information provided by
You to the Insurer, and obtained from others with Your consent, or as
required or permitted by law. The Insurer may use the information to
serve You as a customer and communicate with You. The Insurer may
process and store Your personal information outside Your province in
another country, which may be subject to access by government
533816(0124)
50423398
authorities under applicable laws of that country. You may obtain a copy
of the Insurer’s privacy policy by calling 18887788023 or from their
website: www.assurant.ca/privacy-policy. If You have any questions or
concerns regarding the privacy policy, the purposes and means for
which Your information is being collected, Your rights, Your options for
refusing or withdrawing Your consent to the use of Your personal
information, You may call the Insurer at the number listed above.
* Trademark of Visa Int., used under license.
™ Oficial mark and/or trademark of Her Majesty the Queen in Right of
Canada, used under license.
All trade-marks are the property of their respective owners. For trade-mark
ownership details, see www.tdcanadatrust.com/aeroplancards
® The TD logo and other trademarks are the property of
The Toronto-Dominion Bank or its subsidiaries.
