Liability, Professional Indemnity and Crisis Management

Insurance for Professional Event Organisers

Including Tour Operator’s and Travel Agent's Liability

Proposal Form

Evapro/aappl/11113

PROPOSER

Company Name:
Please state full title including names of subsidiary and/or associated companies.
Name of Contact / Tel No
E-Mail Address:
Website Addresses:
Principal Address:
Number of other offices: / Date business established:
Do you have any assets or representation outside the UK? / YES/NO:
If YES, please give details and state territories involved?
Of which trade associations is the company a member?
Do you have a written Health & Safety Policy? / YES/NO:
Have you ever been prosecuted under the Health & Safety at Work Act or other statute or regulation? / YES/NO:
If yes please provide details:
Are your premises in a good state of repair, and are your office machines regularly tested in accordance with current legislation and otherwise in good order and condition? / YES/NO:

1

BUSINESS ACTIVITIES

Please detail all areas of business activity to ensure that the correct cover is provided.

*“Turnover” means the full value of the event or services delivered not just margin, gross profit or commissions.

In this form “Packages” means business which falls within the definition in the Package Travel Regulations, which means the sale at an inclusive price of a pre-arranged combination of two or more of the following:

a)travel

b)accommodation

c)other tourist services (forming a significant part of the Package and not ancillary to travel or accommodation)

and lasting more than 24 hours or involving an overnight stay

Activity / *Turnover
last 12 months / Estimated *Turnover next 12 months
Business travel , incentive & conference management as tour operator (Packages) / £ / £
Consumer travel as tour operator (Packages) / £ / £
Conference management not as tour operator / £ / £
Other Corporate Event management (please describe) / £ / £
Business House Travel Agency / £ / £
Consumer Travel Agency / £ / £
Marketing services, motivation management, telesales, training / £ / £
Design and production of promotional material, conference guides etc. / £ / £
Property owners ( tick box if you own property even if no income derived) / £ / £
Other activities (please describe) / £ / £
TOTAL TURNOVER / £ / £

JURISDICTION

Do you transact business with overseas clients (NOT SUPPLIERS)? / YES/NO:
If so, please state in respect of: / Next 12 months
Estimated Turnover
from USA /Canada / Next 12 months
Estimated Turnover from
Elsewhere
Business transacted from UK with overseas clients / £ / £
Business transacted from your overseas offices / £ / £
Please provide details of the type of work carried out for these overseas clients:

GEOGRAPHICAL EXPOSURE: ESTIMATES FOR NEXT 12 MONTHS

Please estimate how your turnover will be derived over the next 12 months according to where the activities take place
If so, please state in respect of: / Business transacted
from UK / Business transacted
from your overseas offices
Number of events / Turnover / Number of events / Turnover
UK / £ / £
Europe (except specified countries below) / £ / £
Albania, Boznia-Herzogovina, Serbia, Macedonia, Moldova, Montenegro, Macedonia, Croatia or Turkey
United States of America or Canada / £ / £
Elsewhere / £ / £
TOTAL / £ / £
Please provide details of the type of work carried out overseas:

RISK MANAGEMENT

YES/NO
Do you have a standard contract between you and your clients?
(if YES please supply a copy)
Proportion of your work undertaken based on this contract?
Do you carry out any manual work away from your own premises?
If YES, please give details
Do you employ other companies (inc. sub-contractors) to provide services which form part of those you sell to your clients/customers?
If YES, do you:
a)Retain rights of recovery against such companies?
b)Ensure that they carry their own Public Liability Insurancewith a limit of liability of at least £1,000,000?

HAZARDOUS ACTIVITIES

Do you sell travel or events which involve any of the following? / YES/NO:
Estimated Turnover Next 12 months
Packages / Non Packages
Skiing and other winter sports
Motorised vehicles (other than vehicles being used on the public highway under the terms of the Road Traffic Acts)
Motorised Water Sports
Shooting, Archery, Paintball
Abseiling, Bungee Jumping, Climbing & Caving
Sub-aqua Diving
Parachuting, Parascending, Paragliding, or any other aerial activity other than as a passenger in an aircraft
Water borne activities including white water rafting, canoeing
Any other hazardous activities (please detail)
Do you always employ specialist sub contractors to manage hazardous activities? / YES/NO:
If No, please provide details of what activities you provide yourself

TRANSPORT , ACCOMMODATION, VENUES & ACTIVITIES

Does the Proposer or any subsidiary own (partly or wholly) or operate any transport, accommodation, venues or activities companies? / YES/NO:
If YES, please provide details:

EMPLOYEES

Are all your employees United Kingdom nationals / YES/NO
If NO state number and nationality of foreign employees
Details of Employees
Description / Estimated No. of Persons / Estimated Annual Payments
(including National Insurance & Pension contributions) for next 12 months
Work at your premises / Away from your premises
Managerial and clerical, employees who do not engage in manual labour
Manual employees. Please describe duties:
Labour only sub-contractors & self employed sub-contractors supplying Labour only (e.g. tour directors, freelancers) & Volunteers Please describe duties:
Proposers own annual remuneration if working manually in the Business
TOTALS / £ / £

ELTO – EMPLOYERS LIABILITY TRACING OFFICE

The completion of these fields ismandatory should Employers Liability insurance be required.

Please ensure that all of your companies and subsidiary companies which you require to be insured

are noted accurately together with their full address. The first should be the Parent, which is indicatedby entering ‘P’ in the ‘Company Type’ field. The four subsequent records should be enteredindividually with ‘C’ in the ‘Company Type’ field.

We are required to capture your Employers Reference Number (ERN) for each company unless yourcompany has a legitimate exemption and in which case please indicate this by completing this fieldwith a ‘N/A. Your ERN is issued to you by HM Revenue & Customs.

Company Name / Company Type / Address / ERN

Please continue on a separate sheet if required

ADDITIONAL QUESTIONS FOR COMPANIES INVOLVED IN ARRANGING PACKAGES (INCLUDING AS TOUR OPERATOR OR TRAVEL AGENCY)

If you are involved in incentive, conference and event management involving group travel or otherwise acting as “Organiser” (tour operator) forming Packages under the “Package Travel Regulations” or travel agency or business travel agency please answer the questions in this section:

Do you have an ATOL? / YES/NO: / ATOL No.
Renewal Date of ATOL

Please state the number of persons on:

Number of persons
last 12 months / Est. Number of persons next 12 months
Inclusive packages: / pax / pax
Flights only : / pax / pax

Please provide a division of the Packages turnover and passengers according to destination:

Territory/Country / Estimates for Next 12 months
Turnover / Passenger Numbers
United Kingdom / £
Northern Europe / £
Southern Europe ( not TurkeyGreece) / £
Turkey, Greece, Egypt, India / £
Eastern Europe ( former Eastern Bloc) / £
USA/Canada / £
Caribbean / £
Elsewhere. Please specify: / £

CLAIMS OR INCIDENTS

(Please note - we are not seeking details of claims under any travel insurance scheme operated by you. It is possible for a claim to be made against you arising out of a travel insurance dispute, and such incidents should be notified)

Please provide details of any claims or incidents made against you in the last 5 years, whether insured or not:

Claims by Employees:

Year / Total Wages / Settled Claims / Reserves for Outstanding Claims
No. / Amount / No. / Amount
20
20
20
20
20
Total

Personal injury to any persons on events/groups/tours operated by you:

Date / Details / Cost or Outstanding Amount

Claims or complaints other than for injury: Total Claims paid to travellers/customers over last 5 years whether insured or not:

Year / Number of Claims / Cost or Outstanding Amount

COMPLAINTS

Approximately how many complaints did you receive last year?
Please give brief details of procedures followed to deal with complaints.
After enquiry, are the directors/partners or employees aware of anycircumstances, which may give rise to a claim against the Proposer? / YES/NO:
If YES, please provide full details:

PRESENT INSURANCE

Please confirm details of your present insurance:

Employers Liability / Public/Products Liability / Professional Indemnity
Insured? YES/NO
Limit of Indemnity
Renewal Date
Excess
Current Insurer

COVER REQUIRED

Please state extent to cover and Limit of Indemnity required:

Cover Required / YES/NO / Limit of Indemnity
(Please circle as required or insert different limit if required)
Public/Products Liability / £1m / £2m / £5m / £10m / £25m
Professional Indemnity / £250k / £500k / £1m / £2m / £5m
Employers Liability / £10m
Crisis Management Insurance / £250,000
Please select Excess (Deductible): / £10,000 (standard)
£5,000
£2,500
Other, please specify (min. £1,000) / £

EXTENSION TO PROFESSIONAL INDEMNITY SECTION

Is cover required for Indemnity to former partners/directors / YES/NO:
If YES, number of former partners/directors

SPECIAL NEEDS OR REQUIREMENTS

Please state any special demands and needs which you have in relation to liability &/or professional indemnity risks or this insurance:

DECLARATION

To the best of my/our knowledge and belief the information provided in connection with this proposal, whether in my own hand or not, is true and I have not withheld any material facts. I understand that non-disclosure or misrepresentation of a material fact may entitle the Insurers to void this insurance.

NB. A material fact is one likely to influence acceptance or assessment of this proposal by the Insurers. If you are in any doubt as to whether a fact is material, then you should disclose it.

I/We hereby agree that this Proposal and this Declaration shall be the basis of the contract of the insurance between the Insurers and Myself/Ourselves and this document is a statement of my/our demands and needs in relation to liability&/or professional indemnity risks.

I understand that signing this proposal does not bind me to complete, or the Insurers to accept, this insurance.

SIGNED POSITION

ON BEHALF OF DATE

ADDITIONAL INFORMATION

Please enclose copies of current brochures, corporate information and booking conditions or terms of business, and copies of any special agreements or contracts. Use the space below for any further information referred to in this proposal form, or other material information.

Evapro/aappl/11113

Evaprosummkf/231213

SUMMARY OF COVER

Please note: this summary provides key information about this insurance.

It does not contain the full terms and conditions of the insurance.

Please read the full Policy wordings and schedules which have (or will be) sent to you as a quotation for the full terms and conditions of the insurance contract.

Policy Name / Event Assured Professional
Policy Types / Annual Liability with optional Professional Indemnity &/or Crisis Management Insurance for event organisers including Tour Operator’s and Travel Agent's Liability
Insurers / Public and Employer’s Liability and Professional Indemnity: HCC International Insurance Company via Vantage Underwriting Agency
Crisis Management Insurance: Ageas Insurance Ltd via Vantage Underwriting Agency
Duration of the insurance / The insurance commences on the day You purchase cover and continues to the date shown on policy schedule, which is usually for a period of 12 months.
COVER AVAILABLE
Main Policy Section / Alternative Limits of Indemnity
Public Liability Insurance / Up to £25million
Professional Indemnity / Up to £5,000,000
Employer’s Liability Insurance / Standard £10 million
(£5m in respect of terrorism and asbestos, which is only covered as required by UK law)
Crisis Management Insurance (separate policy) / Standard Limit : £250,000
with alternative Excesses (Deductibles)
SIGNIFICANT FEATURES AND BENEFITS: MAIN POLICY
Significant Features: Public & Products Liability
This covers legal liability to pay damages (including claimant’s costs and expenses) consequent upon:
  • Accidental Injury – death, bodily injury, illness, disease, false arrest, invasion of right of privacy, detention, false imprisonment, false eviction, discrimination, distress and mental anguish
  • Accidental Property Damage
occurring during the Period of Insurance, in connection with the Business and happening anywhere within the Territorial Limits.
In addition insurers will pay for other costs and expenses incurred with their written consent, but within the Limit of Liability in respect of claims made against the Insured in the United States of America &/or Canada
  • This section includes:
  • Products liability
  • Tenant’s Liability
  • Defective Premises Act Liability
  • Car Parks Liability
  • Motor Contingent Liability (non owned vehicles)
  • Movement of Obstructing Vehicles
  • Emergency Assistance

Significant Features: Professional Indemnity
  • Covers legal liability to pay damages (including claimant’s costs and expenses) arising out of a claim made against the Insured and notified to the Insurers during the Period of Insurance in respect of liability for any negligent act, error or omission, breach of contract with a customer, plagiarism, infringement of property or contract rights, libel, slander, defamation or breach of copyright or breach of confidentiality.

  • This section includes:
  • Other costs and expenses incurred with Insurer’s consent (excess does not apply to this item)
  • Liability arising from dishonesty of employees
  • Liability for loss of or damage to documents up to £5,000
  • Rectification costs

Significant Features: Employer’s Liability
This section covers legal liability for death injury or disease suffered by any Employee in Europe or whilst temporarily outside Europe, provided they are employed under a contract entered into or effected in Europe
  • The term Employee includes:
  • persons under a contract of service or apprenticeship with the Insured
  • Labour master or labour only sub-contractor or person supplied or employed by them
  • Self-employed persons
  • Person hired to or borrowed by the Insured
  • Person undertaking study or work experience or youth training scheme
  • Volunteers
while working for the Insured in connection with the business.
  • Cover includes
  • Overseas Contingent Employer’s Liability cover is included where legally required outside Europe, but only in excess of any cover arranged to meet local requirements. You should check local legislation to see whether You are required to arrange any compulsory liability or Workmen’s Compensation insurance locally in the country where the people are employed.

EXTENSIONS APPLICABLE TO ALL MAIN POLICY SECTIONS
  • Consortium Clause
  • Cross Liabilities
  • Indemnity to Directors, Executives and Employees
  • Indemnity to Principals
  • Indemnity to Venue Owners or Operators
  • Health and Safety at Work etc. Act Legal Expenses
  • Unsatisfied Court Judgments
  • Data Protection Act 1984 (Maximum £50,000 any one occurrence, £250,000 any one period of insurance.)
  • Legal Defence Costs, in respect of breach of:
  • Part II of the Consumer Protection Act 1987
  • The Trade Descriptions Acts 1968 & 1972
  • The Consumer Protection from Unfair Trading Regulations 2008
  • The Package Travel, Package Holidays and Package Tours Regulations 1992
and/or any equivalent legislation within the EU. Maximum payable: £100,000 in all in any one period of Insurance.
  • Compensation for Court Attendance
  • Any director or partner of the Insured: £250
  • Any employee of the Insured: £100
  • Manslaughter and Corporate Homicide Legal Defence Costs up to £1m.

SIGNIFICANT OR UNUSUAL EXCLUSIONS/LIMITATIONS: MAIN POLICY
Significant Exclusions From Public Liability Insurance Section
  • Injury to Employees (other than Volunteers)
  • Damage to property belonging to or occupied by or in the care, custody or control of the Insured, other than
  • the personal effects of Employees or visitors
  • Baggage belonging to customers
  • Venues (but not the application of tools)
  • Liability arising from the ownership, possession or use under the control of the Insured of :
  • mechanically propelled vehicles in circumstances where compulsory insurance is required
  • Craft designed to travel in or through air, space or water other than hand propelled water craft or such items within the confines of a Venue for the purposes of static display or exhibition
(this exclusion does not apply where liability arises from the actions of a supplier of services forming part of a Package as defined by the Package Travel Regulations, provided that the vehicle or craft is not under the ownership or control of the Insured.)
  • Liability assumed under contract which would not have attached in the absence of such contract unless Insurers have conduct and control of the claim
  • Liability arising out of the ownership, occupation or management by the Insured of any premises outside the UK and Republic of Ireland, other than Venues.
  • In respect of Products Liability:
  • Recall or replacement costs
  • Refunds
  • Aircraft products

Significant Exclusions From Professional Indemnity Section
  • The ownership, possession or use by the Insured of any land, buildings, aircraft, watercraft, vessel or mechanically propelled vehicle.
  • Liability which attaches by virtue of an agreement but which would not have attached in the absence of such an agreement.
  • Insolvency or bankruptcy of the Insured or any other party involved in supplying any part of any travel or accommodation or other services booked through the Insured.
  • Arising directly or indirectly from Injury or Damage to property (unless arising from failure to arrange adequate connected travel insurance)
  • Arising out of any circumstance(s) of which the Insured is or are aware, or ought reasonably to be aware, at inception whether notified under any other insurance or not.

Significant Exclusions From Employer’s Liability Insurance Section
  • Liability in respect of which compulsory insurance is required under any road traffic legislation within the European Union

GENERAL POLICY EXCLUSIONS: MAIN POLICY
  • Radioactive Contamination
  • War & Terrorism and Allied Risks *
  • Punitive Damages
  • Gradual Environmental Impairment
* note - in relation to Terrorism, exclusion applies unless the Insured can show that they consulted any relevant and up to date Foreign and Commonwealth Office travel advice and that any warnings contained in such advice were properly communicated to and accepted by customers.
CRISIS MANAGEMENT INSURANCE ( OPTIONAL ADDITIONAL POLICY DOCUMENT)
SIGNIFICANT FEATURES: CRISIS MANAGEMENT
In the event of:
  • an accident causing death or hospitalisation to more than one traveller (other than food poisoning), or
  • kidnap or ransom involving more than one traveller, or
  • food poisoning involving more than ten travellers
the insurance pays for specific costs necessarily incurred in respect of:
  • travel and subsistence costs incurred by the Insured’s emergency team (maximum 10 persons) and up to two family or friends for each customer of the Insured involved who wish to travel to the scene.
  • the services of a maximum of two of each of:
  • Physicians
  • Legal personnel
  • Engineers
  • Crisis Counsellors
required at the Disaster site.
  • external Public Relations consultant/agency to handle media relations incurred within 30 days of the event.
  • emergency necessities arranged for customers of the Insured involved.
  • reasonable additional business operating costs (up to four weeks)
A 24 hour Emergency Assistance helpline is available.
SIGNIFICANT OR UNUSUAL EXCLUSIONS/LIMITATIONS: CRISIS MANAGEMENT
  • This part is not a liability insurance, and it operates in excess of any other insurance which may pay the costs incurred ( e.g. a travel insurance)
  • An excess (Deductible) applies. The standard excess is £10,000 but lower excesses are available (minimum £1,000.)
  • Where a Foreign and Commonwealth Office warning is in force against travel to a specific country or region, and/or where notice of emergency repatriation has not been complied with as soon as practicable, the insurance does not cover losses arising from war, civil war, uprising and similar risks, confiscation, epidemic of a disease or virus.
  • Where the Insured has allowed travellers to depart to a place for which a warning of extreme weather or geological activity has been issued by local relevant authority.

YOUR RIGHTS
Cancellation
The Insured has no right to cancel this insurance, and the premium paid or due is deemed to have been earned in full at the inception of the insurance.
Insurers may cancel this Insurance by giving 30 days’ notice by recorded delivery letter to the last known address of the Insured and in such case the Insured shall be entitled to the return of a proportionate part of the premium in respect of the unexpired Period of Insurance.
Making a Claim
The full procedures for making a claim are set out in the Policy document. You should contact Us as soon as possible at the address shown below.
Complaints
COMPLAINTS PROCEDURE
We are dedicated to providing you with a high quality service at all times. If you are dissatisfied with our service to you please write and tell us and we will do our best to resolve the problem. If you have any questions or concerns about your Insurance you should in the first instance contact Event Assured
The Managing Director
Applewell Ltd. t/a Event Assured
8 Freeport Office Village, Century Drive, Braintree, Essex CM77 8YG
Tel.: 01376 330624
e mail:
If you are not satisfied with the response you can contact Vantage Underwriting Agency at the address below, who will send you a full response within 5 working days or tell you within this period when you can expect a response.
Client Director
Vantage Underwriting Agency,
Juniper House, 2nd Floor, WarleyHillBusinessPark, Brentwood, Essex CM13 3BE
In the event that you remain dissatisfied you may refer your complaint (depending on which insurance it applies to) to:
Public and Employer’s Liability and Professional Indemnity Insurance:
Compliance Officer
HCC International Insurance Company PLC
Walsingham House, 35 Seething Lane, London, EC3N 4AH
Crisis Management Insurance:
The Chairman & Chief Executive,
Ageas Insurance Limited
Ageas House, Hampshire Corporate Park, Templars Way, Eastleigh, SO53 3YA
Should you remain dissatisfied you may in certain circumstances refer your complaint to the Financial Ombudsman Service at:
Financial Ombudsman Service
SouthQuayPlaza
183 Marsh Wall
London E14 9SR
Telephone: Tel: 0207 964 1000
Fax: 0207 964 1001
Please be aware that the Ombudsman will only consider your complaint if you have already given us the opportunity to resolve it.
Financial Services Compensation Scheme
We are covered by the FSCS. If You are a private individual or a business with a turnover under £1 million per annum You may be entitled to compensation from the scheme if We cannot meet Our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging is covered for 100% of the first £2,000 and 90% of the remainder of the claim, without any upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS. Their contact details are: Financial Services Compensation Scheme, 10th Floor, Beaufort House, 15 St Botolph StreetLondon EC3A 7QU Tel: 0800 678 1100or020 7741 4100; Fax: 020 7741 4101.

Evaprosummkf/231213