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THE RULES AND REGULATIONS CONTAINED HEREIN GOVERN FOCUSPOINT INTERNATIONAL’S PROVISION OF TRAVEL ASSISTANCE SERVICES UNDER THE CAP TRIPSIDE ASSISTANCE PLAN (HEREINAFTER REFERRED TO AS “CAP”, “CORE CAP”, “CAPMED”, OR “CAP ADVANTAGE”). THEREFORE, IT IS IMPORTANT THAT YOU READ THE RULES AND REGULATIONS CAREFULLY AND KEEP THEM WITH YOUR TRAVEL PAPERS IN ORDER TO FULLY UNDERSTAND FOCUSPOINT’S SERVICES AND HOW TO ACCESS THEM PROPERLY.

CAP IS A TRAVEL ASSISTANCE PLAN, NOT AN INSURANCE POLICY. FOCUSPOINT DOES NOT AND WILL NOT REIMBURSE OR INDEMNIFY CUSTOMERS FOR ANY EXPENSES INCURRED DIRECTLY BY A CUSTOMER AND/OR ON BEHALF OF A CUSTOMER.

YOU ACKNOWLEDGE AND ACCEPT THAT YOU SHALL AT ALL TIMES RESPECT ALL SAFETY ALERTS AND INSTRUCTIONS PROVIDED BY FOCUSPOINT AND IN ADDITION TAKE ALL RELEVANT PRECAUTIONS AND COMPLY WITH GENERAL RULES ON SAFETY. NOTHING IN THE CONTENT OR THE SERVICE IS INTENDED TO REPLACE YOUR OWN RISK ASSESSMENT, COMMON SENSE, OR GENERAL PRINCIPLES ON GOOD SAFETY AND PERSONAL SECURITY. YOU FURTHER ACKNOWLEDGE AND ACCEPT THAT EVEN THOUGH THERE MAY NOT BE ANY ACTIVE ALERTS FOR AN AREA THAT DOES NOT MEAN THAT THE AREA IS SAFE, AND GENERAL SAFETY SHOULD ALWAYS BE A CONCERN. ANY PERSON WHO, WITH THE INTENT TO DEFRAUD OR KNOWING THAT HE/SHE IS FACILITATING A FRAUD AGAINST THIS ASSISTANCE PLAN, SUBMITS AN APPLICATION OR REQUESTS ASSISTANCE, CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF FRAUD.

THE CONTENT AND THE SERVICE CONSTITUE A TOOL TO BE USED FOR RISK MANAGEMENT AND RISK ASSESSMENT (E.G., FOR TRAVELERS). FOCUSPOINT IS UNABLE TO WARRANT THAT ALL INFORMATION AND UPDATES ARE COMPLETE, ADEQUATE AND ERROR FREE. FOCUSPOINT DISCLAIMES ALL LIABILITY AND SHALL NOT BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY, PRE-CONTRACT OR OTHERWISE ARISING OUT OF OR IN CONJUNCTION WITH THE SERVICE. USERS SHOULD ALWAYS EVALUATE OUTPUT AND DATA FROM THE SERVICE ON AN INDIVIDUAL BASIS.

IF YOU HAVE ANY QUESTIONS REGARDING THE CAP TRIPSIDE ASSISTANCE PLAN, PLEASE CONTACT FOCUSPOINT INTERNATIONAL AT CAP@WWFOCUS.COM.

SHOULD A CRISIS OR THE NEED FOR ANY PROTECTED ASSISTANCE OCCUR DURING TRAVEL, CAP CRISIS CONSULTANTS MUST BE CONTACTED BY ACTIVATING THE “ASSIST” BUTTON IN THE CAP ADVANTAGE APP. DETAILS FOR DOWNLOADING AND ACTIVATING THE CAP ADVANTAGE APP, TO INCLUDE YOUR LOG-IN CREDENTIALS ARE PROVIDED UNDER SEPARATE COVER.

A CAP TRIPSIDE ASSISTANCE PLAN NUMBER IS ISSUED UPON ACTIVATION. CAP CUSTOMERS MUST BE AVAILABLE TO CONFIRM THE PLAN IS ACTIVE AND IS ELIGIBLE FOR RESPONSE. FAILURE TO CONFIRM YOUR PLAN’S ACTIVATION STATUS MAY RESULT IN A DELAY OR DENIAL OF SERVICE. ANY AND ALL ASSISTANCE PROVIDED TO A CAP CUSTOMER IS DONE AT THE SOLE DISCRETION OF FOCUSPOINT INTERNATIONAL.

FOCUSPOINT INTERNATIONAL SHALL NOT BE LIABLE TO PROVIDE ANY BENEFIT OR INCUR ANY EXPENSE HEREUNDER TO THE EXTENT THAT THE PROVISION OF SUCH ASSISTANCE OR SUCH BENEFIT WOULD EXPOSE THE COMPANY TO ANY SANCTION, PROHIBITION OR RESTRICTION UNDER UNITED NATIONS RESOLUTIONS OR THE TRADE OR ECONOMIC SANCTIONS, LAWS OR REGULATIONS OF CANADA, THE EUROPEAN UNION, UNITED KINGDOM OR UNITED STATES OF AMERICA.


DESCRIPTION OF CAP TRIPSIDE ASSISTANCE SERVICES

CAP is a travel assistance protection plan provided exclusively by FocusPoint International, Inc. CAP customers are provided a number of benefits (listed below) and assistance for a wide range of crises aslisted and defined herein that directly impact or have the potential to impact a CAP customer during a period of travel. Based on the plan type purchased, CAP travel assistance benefits include:

SECURITY ASSISTANCE BENEFITS

  1. 24/7 Assistance Hotline
  2. Crisis Consultation (phone advice)
  3. Emergency Message Transmission
  4. Legal Referrals
  5. Lost Document Advice & Assistance
  6. Lost Baggage Assistance
  7. Access to Interpreters
  8. Health, Safety, and Security Related Travel Alerts (if selected during the purchase process)

What We Provide: as a fully funded service, at no additional cost to you:

RESPONSE TO EVACUATION FROM THE FOLLOWING TEN (10) CRISIS EVENTS

  1. Violent Crime
  2. Political Threats (extended to include civil threats caused by riots, strikes, and civil commotion)
  3. Terrorism
  4. Kidnap for Ransom (extended to include express kidnap and virtual kidnap)
  5. Blackmail or Extortion
  6. Wrongful Detention
  7. Hi-Jacking
  8. Disappearance of Persons (extended to include search and rescue costs)
  9. Natural Disasters
  10. Pandemic Threat

CAP ADVANTAGE (TECHNOLOGY/TRAVEL TRACKING/DUTY OF CARE INFORMATION ACCESS) BENEFITS/ FEATURES:

  1. Mobile App with GPS Travel Tracking
  2. Location-Based Mapping Interface
  3. One-Touch Emergency Assistance Button
  4. Two-Way Communications
  5. Safety Check-In Button
  6. User-Defined Tracking
  7. Travel Risk Intelligence
  8. Itinerary Management
  9. Web-Based Travel Risk Portal

During the term of the plan, CAP customers have on-demand access to a dedicated 24/7 Crisis Response Center (CRC) Hotline where they can receive advice, and (if necessary, as determined solely by FocusPoint), coordinated in-country response services to assist CAP customers directly impacted by the covered crisis event.

DEFINITIONS

BLACKMAIL & EXTORTION

means the making of illegal threats specifically to a CAP customer to:

  1. Kill, Injure, or Abduct a CAPcustomer
  2. Damage Property
  3. Disseminate, Divulge, or Use Trade Secrets

by persons who then demand payment as a condition of not carrying out such threats.

CAP CUSTOMER(S)

means the Person(s), defined in the plan purchase confirmation, work order, or service agreement protected by this crisis consultant under the terms of service of this plan.

CRISIS EVENT

means for the purpose of this travel assistance plan, any decisive, unstable, or crucial time, which occurs from a covered crisis event during the customer’s period of travel, that is an unforeseen event, and which has directly caused or has the potential to cause serious bodily harm, detention, or death to a CAP customer. Any crisis or crises arising out of, based upon, or attributable to related, continuous or repeated covered crisis events will be a single crisis event for the purpose of this travel assistance plan.

CRISIS CONSULTANT

means FocusPoint International, Inc. and its appointed or authorized agents/consultants, who exclusively provide service to respond to a CAP customer’s crisis event.

DISAPPEARANCE

means the complete and unexpected loss of contact with a CAP customer during travel for a period in excess of 48 hours.

EXPRESS KIDNAP

means the illegal abduction against his or her will of the CAP customer for a period of fewer than twenty-four (24) hours by persons who demand the abducted CAP customer or CAP customer’s company to pay a ransom in order to be released.

HAZARDOUS OCCUPATIONS

means any logging, fishers, and related fishing workers, pilots and flight engineers, service in the armed forces (land, sea, or air) of any country, construction labor, structural iron and steel workers, mining, refuse and recyclable material collection, electrical and telecommunication power/transmission line and tower installers and repairers, truck driving, farming and ranching labor, public sector first/emergency response (Police, Fire, EMT), correctional facility labor, or any other occupation involving the use of machinery, working at heights or depths, or with a high risk of injury.

HAZARDOUS SUMMER SPORTS

means the CAP customer’s participation in: hang gliding; parachuting; bungee or base jumping or wing suiting; water skiing; spelunking, scuba diving: whether with a certified instructor or not to depths in excess of 30 meters, solo diving; mountaineering; rock climbing of any type; mountain climbing to heights above 3,000 MTS above sea level, and any other sport undertaken in non-commercial areas that have no care, custody, or control from a commercial operator and/or are performed for thrill/profit/notoriety/publicity/ endorsement or social media attention-seeking versus standard recreational purposes.

HAZARDOUS WINTER SPORTS

means the CAP customer’s participation in the activities of: skiing, off-piste skiing without a guide, cross-country skiing, snowboarding, ice skating; snowshoeing; or any other sport undertaken in non-commercial areas that have no care, custody, or control from a commercial operator and/or for thrill/profit/notoriety/ publicity/endorsement. social media attention-seeking versus standard recreational purposes. However, if the activities undertaken within the authorized trails or confines of a commercial and supervised ski resort area or winter sports gymnasium, these activities are then not considered hazardous winter sports for the basis of this plan.

HI-JACKING

means the illegal holding under duress for a period in excess of six hours of a CAP customer while traveling on an airplane, vehicle, or watercraft.

INJURY

means a physical injury or related injuries suffered by the CAP customer as a direct result of a covered crisis event.

KIDNAP

means illegal seizing, detaining, carrying away by force or subterfuge and holding captive of a CAP customer by any third party who then demands a ransom as a condition of the release of the CAP customer and is extended to include crisis consultant and virtual kidnap.

NATURAL DISASTERS

means any event or force of nature that has catastrophic consequences and causes damage or the potential to cause a crisis to a CAP customer. This includes an avalanche, landslide, earthquake, flood, forest or busy fire, cyclone, hurricane, tornado, tsunami, volcanic eruption, or other similar natural events that give rise to a crisis if noted and agreed by FocusPoint.

PANDEMIC THREAT

means any sudden outbreak of one or more causative organism(s) belonging to the same genus or species that is infectious or contagious, to which the CAP customer is exposed outside his or her permanent country of residence, which threatens the life or long-term health of a CAP customer and becomes widespread affecting a whole region, a continent, or the world.

The infectious or contagious disease hereunder includes, but is not limited to, those defined by the relevant Ministry of Health, Labor and Welfare, and/or the World Health Organization (WHO).

PERIOD OF TRAVEL

From the time a CAP customer arrives in a foreign country, that is not the customer’s country of permanent residence, for the period of foreign travel, but not to exceed 90 days for any one of multiple trips during the plan term. The following period of travel exceptions apply to expatriates and students on study abroad periods of travel.

  • CAP customer(s) required to work outside of their Home Country for a continuous period lasting longer than ninety (90) days are considered as an Expatriate under the terms and conditions of the CAP Plan. A customer’s Home Country is the country of the customer’s Citizenship and/or qualifying Residence Address. The qualifying Residence Address for an Expatriate CAP customer will be defined as the Residence Address of the CAP customer’s Home Country, not the Residence Address where an Expatriate CAP customer is deployed. FocusPoint will provide an exception to the “proof of residence” requirement defined above for Expatriate CAP Customers. Expatriate CAP customers are therefore eligible to receive assistance for covered crisis events within their country of deployment for a period not exceeding 365 days during a single year term. The temporary, multi-trip period of travel of 90 days applies to expatriates when traveling outside their expatriate home country.
  • CAP customer(s) that travel outside of their Home Country specifically for an approved Study Abroad program is eligible for CAP coverage for a period not to exceed 365 consecutive days during a single year term. Any planned travel specifically for a Study Abroad program lasting longer than 365 consecutive days during a single year term will require travel back to the customer(s) Home Country at or before the 365-day mark for a period of no less than 24 hours before.

POLITICAL THREAT

means the threat of action designed to influence the government or an international governmental organization or intimidate the public, or a section of the public, to advance a political, religious, racial, or ideological cause. For the purposes of this travel assistance plan, a political threat is extended to mean civil threats caused by riots, strikes, or civil commotions.

RANSOM

means cash and/or marketable goods or services surrendered or to be surrendered by or on behalf of the CAP customer to meet a kidnap, crisis consultant, virtual kidnap, or extortion demand.

TERRORISM

means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or government(s), committed for political, religious, ideological, or similar purposes including the intention to influence any government and/or to the put the public or any section of the public, in fear.

UNITED STATES OF AMERICA RESIDENT CAP CUSTOMER(S)

means those Person(s), shown in the plan purchase confirmation, work order, or service agreement, that are protected by the crisis consultant under the terms of this plan and who have legal permanent status by their home, principal establishment, work, study, or other government-issued permit in the United States of America.

VIOLENT CRIME

means any act or threat of violence to a CAP customer, which causes, or is likely to cause, death or serious bodily injury.

VIRTUAL KIDNAP

means the alleged abduction of a CAP customer within the territory specified for travel by persons who then demand a ransom specifically from the assets of the CAP customer as a condition of release.

WRONGFUL DETENTION

means the involuntary confinement of a CAP customer by any person(s) acting as agents of or with the tacit approval of any government or governmental entity or acting or purporting to act on behalf of any insurgent party, organization, or group. If held by legal government authorities, the detention must be the result of malicious and false accusations against the CAP customer or a criminal offense made solely and directly to achieve a political, propaganda, or a coercive effect upon or at the expense of the CAP customer or the country in which the CAP customer has its headquarters or of which the CAP customer is a national.

SPECIAL PROVISIONS

EMERGENCY MESSAGE RELAY

FocusPoint will attempt to transmit an urgent message for a CAP customer to their family,friends, and/or business associates. Messages can be retained for up to 15 days after the conclusion of the case.

TRANSLATION SERVICES

FocusPoint will provide translation in all major languages via telephone.

EVACUATION DUE TO POLITICAL THREAT & NATURAL DISASTERS

Customers must have proper documentation to evacuate from an area impacted by political violence and/or natural disasters. FocusPoint is not responsible for obtaining these documents in the event of an evacuation. If air transportation is determined to be the best course of action by the CAP crisis consultant(s), the timeframe for transport is dependent on aircraft availability, required permits and visas for the respective countries, and any other factors that may be beyond FocusPoint’s control. While FocusPoint makes every effort to accommodate its CAP customers because of the limited space available on an evacuation aircraft, the CAP customer is limited to one small carry-on bag.

In most cases, pets will not be allowed on an evacuation aircraft. Customers should be prepared to make alternative arrangements for pets during an evacuation due to political violence or natural disasters.

CAP ADVANTAGE TECHNOLOGY FEATURES & BENEFITS

MOBILE APP WITH GPS TRAVEL TRACKING

Consent-based personal device tracking of smartphones that have the CAP Advantage mobile app downloaded from either the Apple and/or Android App Stores onto personal devices directly linked to the CAP Advantage App.

LOCATION-BASED MAPPING INTERFACE

Intuitive dashboards and maps that provide visual representations of locations experiencing various levels of health, weather, or security challenges.

ONE-TOUCH EMERGENCY ASSISTANCE BUTTON

One-touch assistance button located within the mobile app to be instantly connected to the Crisis Response Center to request emergency assistance.

TWO-WAY COMMUNICATIONS

Communication tools synced with phones, email, and SMS, that allow customers to receive critical communications from the Crisis Response Center, including geofence alert settings that can be configured using the geo-specific proximity of travelers, concerning ongoing threats in the area.

SAFETY CHECK-IN BUTTON

One-touch, in-app safety check-in button to confirm location, health and welfare status of connected customers using the CAP Advantage mobile app.

USER-DEFINED TRACKING

In-app functionality to turn location sharing on and off for ultimate control over privacy before, during, or after a trip.

TRAVEL RISK INTELLIGENCE

Web and mobile destination-based country and city risk reports, travel advisories, and point in time travel alerts.

ITINERARY MANAGEMENT

The ability to upload travel itinerary information in the web-based travel risk portal.

WEB-BASED TRAVEL RISK PORTAL

Web-based platform that provides customers the ability to manage individual profiles, review travel advisories, seek assistance and research destination-based health, safety, and security related travel risk information.

CRISIS CONSULTATION & RESPONSE FULLY FUNDED CRISIS EVENTS

Subject to the limitations of the services described herein, CAP Tripside Assistance Plans include, at no additional cost, telephonic or remote crisis consultation and coordinated in-country response services during a qualifying period of travel. With ALL covered crisis events defined herein, the goal of the assistance provided is to get CAP customers to safety and bring closure to a crisis event that impacts or has the potential to impact a CAP customer during a qualifying period of travel. Coordinated in-country response services for the crisis events defined herein are provided at the sole discretion of FocusPoint and are limited to those below.

VIOLENT CRIME

Advice and possible deployment of a crisis consultant to assist in seeking safety, medical attention if needed, emergency message relay, and coordination with law enforcement to investigate the crime committed against a CAP customer.

POLITICAL THREAT

Advice and possible deployment of crisis consultants to assist in seeking safety, implementation of additional security personnel to assist with sheltering in place, and evacuation away from the impacted area.

TERRORISM

Advice and possible deployment of a crisis consultant to assist in seeking safety, emergency message relay, medical attention if needed, evacuation away from the impacted area, and the implementation of security personnel to ensure adequate security of a CAP customer directly impacted by a terrorist incident.

HI-JACKING

Advice and possible deployment of a crisis consultant to coordinate with local law enforcement and/or government officials to affect the safe release of a CAP customer and bring resolution to the hi-jacking directly impacting a CAP customer.

DISAPPEARANCE OF PERSONS

Advice and possible deployment of a crisis consultant to investigate the disappearance of a CAP customer to locate and return the CAP customer to safety.

BLACKMAIL & EXTORTION

Advice and possible deployment of a crisis consultant to investigate and bring resolution to the blackmail or extortion threat directly impacting a CAP customer.

WRONGFUL DETENTION

Advice and possible deployment of a crisis consultant to work towards the release of the CAP customer being wrongfully detained. Emergency message relay, legal referrals, limited legal expenses, and an interpreter are provided if needed.

KIDNAP FOR RANSOM

Advice and possible deployment of a crisis consultant to consult with the family or and/or the employer of a CAP customer that has been kidnapped for ransom to affect the safe release of the CAP customer.

Please note, because CAP is not an Insurance Policy, the reimbursement of a Ransom or Extortion payment is not available under the CAP customer program.

NATURAL DISASTERS

Advice and possible deployment of crisis consultant(s), security personnel, and transportation assets to assist a CAP customer directly impacted by a natural disaster as defined herein.

PANDEMIC THREAT

Advice and possible deployment of transportation assets to assist a CAP customer directly impacted by a Pandemic as defined herein. Additional assistance may include advocating on behalf of a quarantined CAP customer, emergency message transmission to an employer or loved ones, translation assistance, travel advisories and alerts directly related to changing threat conditions and possible health emergencies that impact or have the potential to impact CAP customer(s).

Please note, FocusPoint has no authority to remove CAP customers from quarantine who have been placed under official quarantine as a result of a recognized health emergency, up to and including an officially declared Pandemic. In certain situations, and at the sole discretion of FocusPoint, CAP customers who have cleared an official quarantine, may be eligible for transportation from the quarantine location back to his or her country of residence.

CRISIS EVENT FULLY FUNDED SERVICES AND EXPENSES

CAP is a fully funded service guarantee and not an insurance plan. FocusPoint will not reimburse customers for expenses they incur on their own. FocusPoint will, however, address certain required and reasonable additional costs incurred by CAP crisis consultant(s) during the response to a covered crisis event directly impacting a CAP customer during a qualifying period of travel.

Necessary expenses needed to satisfy the requirements of the response service are subject to limitations further defined herein. Additional costs that may be required to affect a positive outcome to an eligible crisis event include:

  1. Emergency evacuation costs due to political threat, pandemic threat, terrorism, or natural disasters;
  2. Legal referrals and fees up to a maximum of 10 days from the date of the crisis event;
  3. Fees and expenses of an independent interpreter;
  4. Costs of relocation travel and accommodation;
  5. Fees for emergency medical treatment of a CAP customer, prior to admission to hospital as a direct result of a security crisis event defined herein, except for emergency medical treatment of a CAP customer as a direct result of a Pandemic Threat event, which is not a fully funded expense benefit of this plan;
  6. Fees and expenses of security personnel temporarily deployed solely and directly for the purpose of protecting CAP customers located in the country where a crisis event has occurred up to a maximum of 45 days;

All costs associated with deploying CAP crisis consultant(s) to the impacted location to manage a required response are covered for up to 45 days in the travel assistance plan fee.

PLAN TERM

Subject to the limitations identified herein, the term of a CAP Tripside Assistance Plan commences on the effective start date selected by the CAP customer or by the plan administrators during the enrollment process for plans. The end date for a CAP Tripside Assistance Plan is determined by the corporate contract. To be eligible for CAP services, the effective start date must be prior to the CAP customer’s initial departure from his or her residence address.

Regardless of the effective start date selected by the CAP customer, CAP Tripside Assistance Plans are valid only when the plan fee is collected. A plan is not valid if the plan fee payment is declined, returned, or otherwise unpaid. FocusPoint reserves the right to revoke, rescind, or cancel any plan or refuse a renewal at FocusPoint’s sole discretion. Should FocusPoint exercise its right to revoke, rescind, or cancel a CAP Tripside Assistance Plan, FocusPoint will refund the CAP customer a portion of the plan fee prorated based on the remaining term of the travel assistance plan.

All CAP Tripside Assistance Plan enrollment data must include accurate information in order to ensure program eligibility. Any false or inaccurate information that would affect a CAP customer’s eligibility for a CAP Tripside Assistance Plan is grounds for revocation, cancellation, or rescission of the travel assistance plan.

SERVICES

Subject to the limitations on services described herein, FocusPoint provides crisis assistance services to any CAP customer during a period of travel. If a CAP customer’s residence address changes during the term of the plan, the CAP customer must notify FocusPoint of the change by phone prior to their initial trip departure. The qualifying residence address declared during the enrollment period MUST be the primary residence of the CAP customer. For CAP customers that own more than one residence, they MUST declare a single primary residence address during the enrollment period and provide proof that the residence is used most often during a calendar year.

CAP customers MUST be able to provide reasonable evidence of the “residence address” on record if requested by FocusPoint. Failure to provide reasonable proof of residence may result in revocation, cancellation, or rescission of the plan.

LIMITATIONS ON FULLY FUNDED SERVICES AND CRISIS EVENT EXPENSES

GENERAL LIMITATIONS ON SERVICES

  1. Crisis Consultation (Phone Advice) - Unlimited

  2. Coordinated In-Country Response Limitations as follows:
    1. For annual plan/ multi-trip purchases as indicated in the period of travel definition: two (2) security, fully funded responses, but not to exceed two (2) fully funded responses in total, per customer, per annual plan term.

    CAP customers enjoy unlimited 24/7 access to FocusPoint’s dedicated Crisis Response Center (CRC) to receive advice on dealing with any one of the travel risks described herein. However, the deployment of CAP crisis consultant(s), security personnel, and associated crisis assistance services are limited to two (2) fully funded responses, per customer, per plan term based on the period of travel classification herein this Limitation of Services section. The eligible physical response or deployment of a crisis consultant is limited to forty-five (45) calendar days of assistance.

  3. Due to the high risk of sending personnel into countries where Global Affairs Canada, United States Department of State or the relevant foreign government agency has issued travel restrictions, physical response by CAP crisis consultants and/or security personnel may be delayedand/or subject to the exclusion in these areas for safety reasons. In these situations, CAP customers are eligible for crisis consultation (phone advice) only. Furthermore, any CAP customer that refuses, rejects service from a crisis consultant, or does not abide by the instructions of the crisis consultation, hereby renounces and forfeits crisis event benefit.

  4. Limitations on Services Surrounding Government Authority Travel Advises against All Travel and Due Diligence

    In the event that a CAP customer elects to travel to locations which the United States Department of State, and/or Global Affairs Canada and/or the British Foreign Office and/or similar authority,being the country where the plan customer’s home or corporate headquarters is located advisesagainst all travel or advises travelers to leave that location, the following provisions apply. It is acondition of the terms of service of this plan that the customer must observe due diligence at all times. Due regard to all advice applicable to the travel location must be observed at all times, including but not limited to the employment of security guards (when advised), staying in secure locations, the observance of travel advice and preferred travel routes, and the avoidance of high-risk locations and public gatherings. In respect of incidents that may occur in locations for which the advice is against all travel, this plan is amended to cover crisis consultation (phone advice) only, and extra expenses that include evacuation are not covered. For avoidance of all doubt and specific to limitations on services surrounding government authority travel advisories and due diligence, if the CAP customer’s home country does not have a published and official travel warning system that advises against all travel then the United States Department of State travel warning classification will prevail and govern the CAP customer’s benefit delivery.

  5. Security Assistance and Crisis Event Fully Funded Expenses are not available to CAP customers if/and/or/when:
    1. In respect to wrongful detention – any actual or alleged violation of the laws of the host country or a failure to maintain such allegations were intentionally false, fraudulent, and malicious and made solely to achieve a political propaganda or coercive effect upon or at the expense of a CAP customer;
    2. A CAP customer is:
      1. kidnapped by a relative, or
      2. as a result of a domestic dispute, or
      3. has had kidnap insurance canceled or declined in the past, or
      4. has been kidnapped in the past.
    3. any kidnapping, blackmail, or extortion of a CAP customer in his or her permanent country of residence.
    4. any enforcement action by or on behalf of the United Nations, in which any of the countries stated above or any armed forces thereof are engaged;
    5. a CAP customer that is involved in illegal activity;
    6. a CAP customer seeks the plan benefit after traveling to the travel destination or for extending the period of travel beyond the customer’s travel period at a location where the occurrence of a crisis incident is public knowledge and no longer an unforeseen event. In respect of a travel to a location where a crisis incident is no longer an unforeseen event this plan is limited to cover “crisis consultation” (phone advice) only, and “extra expenses” are not covered;
    7. in respect only of the crisis events of: political threats, terrorism, natural disaster, or pandemics, the CAP customer’s failure to notify and/or request advice and/orassistance after a period of 96 hours from when the crisis event has first occurred;
    8. the CAP customer fails to accept and abide by the CAP/FocusPoint consultant’s indication, instruction, advice or directive;
    9. with respect to pandemic threat crisis events, the CAP customer will not be eligible for fully funded service benefit as a result of COVID/COVID-19 or any mutation thereof until such a time as any travel advisory notices, applicable to COVID-19, or warning against all travel issued by the Plan customer’s Home Country in respect of any country to which the plan customer travels, including, for the avoidance of doubt, the plan customer’s travel destination that are in effect as of the plan effective date, are rescinded or lowered to allow travel. Once such is no longer in force, this service limitation no longer applies;
    10. with respect to pandemic threat, the CAP customer will not be eligible for fully funded service for a crisis event arising within the CAP customer’s home country of permanent residence;
    11. search and rescue at sea
    12. loss, destruction or damage to any property or vehicles whatsoever, whether owned or hired, or any loss or expense resulting or arising from any consequential loss;
    13. periods while underground or in any open cast mine;
    14. any legal liability of any nature directly or indirectly caused by or contributed to by or resulting from:
      1. ionizing radiations or contamination by radioactivity from any nuclear fuel or waste from the combustion of nuclear fuel;
      2. the radioactive, toxic, explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
    15. reimbursement of a ransom and/or extortion payment
    16. suffering bodily injury or sickness sustained while in any of the armed forces (land, sea, or air) of any country or international authority;
    17. electing to travel to any location which the United States Department of State, and/or Global Affairs Canada and/or the British Foreign Office and/or similar authority, being the countrywhere the plan customer’s home or corporate headquarters is located; advises against all travel or advises travelers to leave that location;
    18. he or she travels for any reason to the countries of: Afghanistan, Iran, Libya, North Korea, Somalia, Sudan, Syria, Ukraine, Venezuela, and Yemen or to any location which the United States Department of State, and/or the Foreign Office of Canada and/or British Foreign Office and/or similar authority, being the country where the plan customer’s home or corporate headquarters is located; advises against all travel or advises travelers to leave that location;
    19. arising from War or invasion or any act of war, whether war is declared or not;
    20. suffering loss or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss or any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from:
      1. ionizing radiations or contamination by radioactivity from any nuclear fuel or waste from the combustion of nuclear fuel;
      2. the radioactive, toxic, explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
    21. requires transport from any cruise ship, vessel, or yacht. This assistance plan does not cover search and rescue at sea and is restricted to the costs of repatriation or relocation to the customer’s home of record, from a port or reasonable proximity to shoreline.

CHANGES

FocusPoint reserves the right to change or amend the terms contained in these rules and regulations without prior notice. FocusPoint is solely responsible for interpretation and application of the terms contained in these rules and regulations. All determinations by FocusPoint will be final and conclusive.

CONSENT TO RECORD COMMUNICATIONS

FocusPoint, at its discretion, may monitor or electronically record communications between its employees or designated representatives and you as a CAP customer. By enrolling as a CAP customer, you specifically authorize communications involving you and to which you are a party to be recorded and utilized for quality control or other purposes.

PRIVACY NOTICE

Please be advised of the availability of FocusPoint’s (CAP™) notice of privacy practices. You may obtain a copy of FocusPoint’s Notice of Privacy Practices in the following ways:

FocusPoint – CAP Support
861 SW 78th Avenue
Suite B200
Plantation, FL 33324; USA

INTERPRETATION/ CHOICE OF LAW/ WAIVER OF JURY TRIAL/ DAMAGES

This interpretation of the rules and regulations is governed by the laws of the State of Ohio, United States of America, and any dispute between you and FocusPoint will be finally resolved by the Courts of the State of Ohio. FocusPoint and its CAP customers agree to waive their right to trial by jury and agree to waive their right to punitive, exemplary, non-economic, and consequential damages. FocusPoint and its CAP customers’ right to recover damages at law are limited to contractual damages only. Damages recoverable by CAP customers are limited to the return of travel assistance plan fees paid.

ENTIRE AGREEMENT

The rules and regulations, along with the CAP Tripside Assistance Plan Agreement and any amendments thereto, constitute the entire agreement between FocusPoint and you as a CAP customer with regard to the subject matter and supersede all previous understandings and agreements, whether oral or written. The terms of the rules and regulations may not be altered, varied, or modified in any way except in writing by FocusPoint.


Two women at the airport