TD® Aeroplan®
Visa Infinite*
Cardholder
Agreement and
Benefit Coverages
Guide
The
TD Aeroplan Visa Infinite
Cardholder Agreement
and Benefit Coverages Guide
This document contains important
and useful information about your
TD Aeroplan Visa Ininite Card.
Please keep this document in a
secure place for future reference.
A copy of this document
is also available online at
tdcanadatrust.com
for future reference.
This document includes:
TD Aeroplan Visa Infinite Cardholder Agreement
Definitions ...........................................................................
.................................................................
......................................................
.......................................................
................................................................
................................................................
.......................................................
.................................................
..........................................................................
.............................................
..............................................................
.................................................................
.......................................................
.........................
............................................................
................................................................
......................................................
....................................................................
.........................................................
......................................................
....................................
............................
.................................................................
1
Using the Account 2
Unauthorized Transactions 3
Credit Limit and Overlimit 3
Minimum Payment 4
Payment Due Date 4
Grace Period and Interest 4
Foreign Currency Transactions 6
Statements 6
How We Communicate with You 7
Lost or Stolen Cards 7
Making Payments 7
How We Apply Payments 8
Our Rights if you do not Follow this Agreement 8
Payments and Credits 9
Ownership of Card 9
Responsibility for Services 9
Electronic Services – Use and Protection of a Card,
PIN or Password 9
Limits on our Damages 11
Pre-Authorized Payments 11
Cancelling Additional Cardholder Cards 11
Changes to this Agreement and the Account 12
Transfer of Rights 12
Ending this Agreement..........................................................
..............................................................................
............................................................................
......................................................................
................................................................
.................................................
...............................................................
.................................
..........................................
........................................
............................................
.................
.....................
...........................
..........................................
...............
.....................
.........................................................
............................................................
................................................
12
Liability 12
Headings 12
Enforceability 12
What Law Applies 12
Language (For Quebec Only) 13
Privacy Agreement 13
NEXUS Application Fee Statement Credit 18
If You Have a Problem or Concern 19
Aeroplan Terms for Your TD Credit Card 19
Travel Medical Insurance Certificate 22
Trip Cancellation/Trip Interruption Insurance Certificate 37
Common Carrier Travel Accident Insurance Certificate 51
Delayed and Lost Baggage Insurance Certificate 58
Emergency Travel Assistance Services 62
Auto Rental Collision/Loss Damage Insurance Certificate 64
Purchase Security and Extended Warranty Protection 72
Flight/Trip Delay Insurance 78
Mobile Device Insurance 81
Hotel/Motel Burglary Insurance 89
This Cardholder Agreement is between you and The Toronto-Dominion Bank
(the Bank, we, us or our). It applies to the Card and the Account
including when you use the Card or Account.
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.
Additional Cardholder means a person that we issue a Card to at the
request of the Primary Cardholder.
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 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.
Cardholder means the Primary Cardholder and any Additional
Cardholder.
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 financial 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
1
include casino gaming chips, money orders, wire transfers, travellers
cheques and gaming transactions (including betting, off-track betting and
race track wagers).
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.
Payment Due Date means the date on which your payment is due as
shown on the statement for the Account.
Primary Cardholder means the person who applied for a Card, whose
name is on the Account and who a Card is issued to.
Purchase means any Transaction other than a Cash Advance.
TD Visa Cheque means a credit card cheque we may issue to you,
with your consent, 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 C heque. If you accept a
promotional offer on a TD Visa C heque, this Agreement will continue to
apply to that TD Visa C heque 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.
You or your means each Cardholder or an Additional Cardholder.
2. USING THE ACCOUNT
You may use the Account for:
Purchases;
Cash Advances;
Access to your other accounts at the Bank or our affiliates; and
Any other purpose that we agree to.
The Primary Cardholder is 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.
We can let any Cardholder give us instructions for the Account without the
approval of or notice to the other Cardholders. The Primary 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,
2
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, the Primary
Cardholder is 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 affiliates, 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.
You 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 personal, family or
household purposes and not for business purposes.
You should be aware that under U.S. Office 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 benefit 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
The initial Credit Limit (the “Credit Limit”) is on the Disclosure Statement.
We may lower the Credit Limit at any time without telling you in advance.
3
We will not increase the Credit Limit unless we first obtain the express
consent of the Primary Cardholder to do so. We 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.
While we establish a Credit Limit on your Account, as a TD Visa Infinite or
TD Visa Infinite Privilege Cardholder, we may allow the amount owing on
your Account to exceed the Credit Limit for individual Purchases. Before
doing so, however, those individual Purchases are evaluated by us, based
on factors such as suspected fraud, your Account history, credit and/or
payment history.
We may also allow the amount owing on your Account to exceed the
Credit Limit for other Transactions. While we can allow any Transaction to
exceed the Credit Limit without telling you first, we are not required to do
so even if we have done so before.
If we allow any Transaction to exceed your Credit Limit, then you must
pay the Minimum Payment required, plus the amount of the Balance that
exceeds the Credit Limit, on or before the Payment Due Date on your
monthly statement.
The Account may be charged an overlimit fee, as showing in the
Disclosure Statement. Only one overlimit fee is charged per statement
period. The Primary Cardholder remains liable for the entire 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
21 days 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 defined
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.
4
Interest-Free Grace Period on New Purchases and Fees
We will not charge interest on new Purchases and fees that appear for the
first time on your statement (“New Purchases”) as long as we receive
payment of the Balance shown on your statement on or before your
Payment 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 TD Visa 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). This is 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, it is calculated on the average daily balance of each
Transaction from the transaction date until that amount has been paid in full.
We add your unpaid interest charge to your balance at the end of each
statement period. As a result, we charge interest on unpaid interest.
If your Minimum Payment is not received on or before the
Payment Due Date shown on your statement and before the
date on which we prepare your next monthly statement
twice within 12 consecutive statement periods, then:
a) The annual interest rate(s) that applies to the Account
will increase to the rate set out in your Disclosure
Statement; and
b) You will lose the benefit 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 first day of
your next statement period after the second missed payment.
5
You will continue to pay these higher interest rate(s) until
you have paid the Minimum Payment on or before the
Payment Due Date shown on your statement and before the
date on which we prepare your next monthly statement
for 12 consecutive statement periods. The interest rates
will then decrease to your annual interest rates applicable
to your account on the first day of your next statement
period after those 12 consecutive statement periods.
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 1-800-983-8472 or
collect at (416) 307-7722.
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 first
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 first 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 fixed percentage as shown in the Disclosure
Statement. For credit Transactions, currency will be converted by applying
a rate established by VISA minus a fixed 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 first five decimal places after the decimal
point, even though we used the more detailed calculation above.
9. STATEMENTS
We provide a statement if there is any activity on the Account during the
last month or there is any outstanding Balance. However, if during any
three-month period, 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, we may provide a statement only at the end of
that three-month period. We do not always provide statements on the
same date in each month, therefore the Payment Due Date on your
statement may not always be the same.
6
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
the address in our records for the Primary Cardholder. With the Primary
Cardholders consent, and if we agree to do so, we may also send
statements and other communications by another method, including
electronically. We may also send copies of the statements and other
communications to an Additional Cardholder if requested to do so or
required by law. The Primary Cardholder and each Additional Cardholder
agrees that we can share the statement, any information on the
statement or other communications or information about the Account with
any Cardholder without telling the other Cardholders. We consider
communication to the Primary Cardholder as communication to all
Cardholders.
You must tell us immediately about any address change or other
information to keep our records current. We are not responsible if the
Primary Cardholder does 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 1-800-983-8472, or collect at (416) 307-7722. 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.
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.
Payments made by mail or at the branch, ATM or online banking service
of another financial 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.
7
13. HOW WE APPLY PAYMENTS
We will apply payments on the Account first towards your Minimum
Payment in the following order:
1) first 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 first 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.
If 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;
8
b) we may, without notice, deduct money from any other account
that you have with us or any of our affiliates 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.
If 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 benefits, services and coverages that other
companies provide for the Account. You must pay us any amount charged
to the Account for these benefits, services and coverages. These benefits,
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
identification code such as a Personal Identification Number (PIN) or
Connect ID, password, pass code or identification 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.
9
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 confidential;
take all reasonable precautions to make sure that no one finds
out your PIN or Password, including while you key in your PIN
or Password at an ATM or other machine or mobile device;
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 final 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 confirmation, 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 verification 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) Verified by Visa – You must register for and use the Verified by
Visa program in order to access or use the Account for Internet *
10
transactions with merchants participating in the Verified by Visa
program. The Verified by Visa Cardholder Terms of Services applies
when you access or use the Account for the Verified 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
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. PRE-AUTHORIZED PAYMENTS
The Primary Cardholder is 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 Cardholder 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 confirm 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 CARDHOLDER CARDS
We may cancel an Additional Cardholder Card, or limit access to the Account
by an Additional Cardholder Card at any time without telling you in
advance. The Primary Cardholder can also tell us to cancel any Additional
Cardholder Card. The Primary Cardholder must obtain and destroy the
Additional Cardholder Card or confirm that the Additional Cardholder Card
is in the Primary Cardholder’s possession. An Additional Cardholder may
also instruct us to cancel their own Additional Cardholder Card.
The Primary Cardholder is still responsible to pay us for any amounts
owing on the Account for Transactions by an Additional Cardholder even if
an Additional Cardholder Card is cancelled or if the Primary Cardholder is
unable to cancel, obtain or destroy the Additional Cardholder Card.
11
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 Account 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.
Benefits, 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 by law.
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. The
Primary Cardholder may also end this Agreement by telling us.
Even if this Agreement is cancelled, the Primary Cardholder is still
responsible to pay all amounts owing on the Account.
When the Agreement ends, benefits, services and coverages will
automatically end, or we can cancel or change them at our discretion.
25. LIABILITY
The Primary Cardholder will be responsible for payment of all amounts
owed to us under this Agreement, including Transactions made by an
Additional Cardholder.
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.
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.
12
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. PRIVACY AGREEMENT
In this Privacy Agreement, the words “you” and “your” mean any person,
or that person’s authorized representative, who has requested from us, or
offered to provide a guarantee for, any product, service or account offered
by us in Canada. The words “we”,us” and “our” mean TD Bank Group
(“TD”). TD includes The Toronto-Dominion Bank and its world-wide affiliates,
which provide deposit, investment, loan, securities, trust, insurance and
other products or services. The word “Information” means personal,
financial and other details about you that you provide to us and we obtain
from others outside TD, including through the products and services you use.
You acknowledge, authorize and agree as follows:
COLLECTING AND USING YOUR INFORMATION – At the time
you request to begin a relationship with us and during the course of our
relationship, we may collect Information including:
details about you and your background, including your name,
address, contact information, date of birth, occupation and other
identification
records that reflect your dealings with and through us
your preferences and activities
This Information may be collected from you and from sources within or
outside TD, including from:
government agencies and registries, law enforcement authorities
and public records
credit reporting agencies
other financial or lending institutions
organizations with whom you make arrangements, other service
providers or agents, including payment card networks
references or other information you have provided
persons authorized to act on your behalf under a Power of
Attorney or other legal authority
your interactions with us, including in person, over the phone, at
the ATM, on your mobile device or through email or the Internet
records that reflect your dealings with and through us
You authorize the collection of Information from these sources and, if
applicable, you authorize these sources to give us the Information.
We will limit the collection and use of Information to what we require in
order to serve you as our customer and to administer our business,
including to:
verify your identity
evaluate and process your application, accounts, transactions
and reports
13
provide you with ongoing service and information related to the
products, accounts and services you hold with us
analyze your needs and activities to help us serve you better and
develop new products and services
help protect you and us against fraud and error
help manage and assess our risks, operations and relationship with you
help us collect a debt or enforce an obligation owed to us by you
comply with applicable laws and requirements of regulators,
including self-regulatory organizations
DISCLOSING YOUR INFORMATION – We may disclose
Information, including as follows:
with your consent
in response to a court order, search warrant or other demand or
request, which we believe to be valid
to meet requests for information from regulators, including
self-regulatory organizations of which we are a member or
participant, or to satisfy legal and regulatory requirements
applicable to us
to suppliers, agents and other organizations that perform services
for you or for us, or on our behalf
to payment card networks in order to operate or administer the
payment card system that supports the products, services or
accounts you have with us (including for any products or services
provided or made available by the payment card network as part
of your product, services or accounts with us), or for any contests
or other promotions they may make available to you
to any Additional Cardholder for whom you request a Card
on the death of a joint account holder with right of survivorship,
we may release any information regarding the joint account up to
the date of death to the estate representative of the deceased,
except in Quebec where the liquidator is entitled to all account
information up to and after the date of death
when we buy a business or sell all or part of our business or when
considering those transactions
to help us collect a debt or enforce an obligation owed to us by you
where permitted by law
SHARING INFORMATION WITHIN TD – Within TD we may share
Information world-wide, other than health-related Information, for the
following purposes:
to manage your total relationship within TD, including servicing
your accounts and maintaining consistent Information about you
to manage and assess our risks and operations, including to collect
a debt owed to us by you
to comply with legal or regulatory requirements
You may not withdraw your consent for these purposes.
14
Within TD we may also share Information world-wide, other than
health-related Information, to allow other businesses within TD to tell you
about products and services. In order to understand how we use your
Information for marketing purposes and how you can withdraw your
consent, refer to the Marketing Purposes section below.
ADDITIONAL COLLECTIONS, USES AND DISCLOSURES
Social Insurance Number (SIN) – If requesting products, accounts
or services that may generate interest or other investment income, we
will ask for your SIN for revenue reporting purposes. This is required by
the Income Tax Act (Canada). If we ask for your SIN for other products or
services, it is your option to provide it. When you provide us with your
SIN, we may also use it as an aid to identify you and to keep your
Information separate from that of other customers with a similar name,
including through the credit granting process. You may choose not to have
us use your SIN as an aid to identify you with credit reporting agencies.
Credit Reporting Agencies and Other Lenders – For a credit
card, line of credit, loan, mortgage or other credit facility,
merchant services, or a deposit account with overdraft
protection, hold and/or withdrawal or transaction limits,
we will exchange Information and reports about you with
credit reporting agencies and other lenders at the time of
and during the application process, and on an ongoing
basis to review and verify your creditworthiness, establish
credit and hold limits, help us collect a debt or enforce an
obligation owed to us by you, and/or manage and assess
our risks. You may choose not to have us conduct a credit check in
order to assess an application for credit. Once you have such a facility or
product with us and for a reasonable period of time afterwards, we may
from time to time disclose your Information to other lenders and credit
reporting agencies requesting such Information, which helps establish
your credit history and supports the credit granting and processing
functions in general. We may obtain Information and reports about you
from Equifax Canada Inc., Trans Union of Canada, Inc. or any other credit
reporting agency. You may access and rectify any of your personal
information contained in their files by contacting them directly through
their respective websites www.consumer.equifax.ca and
www.transunion.ca. Once you have applied for any credit product with us,
you may not withdraw your consent to this exchange of Information.
Fraud – In order to prevent, detect or suppress financial abuse, fraud,
criminal activity, protect our assets and interests, assist us with any
internal or external investigation into potentially illegal or suspicious
activity or manage, defend or settle any actual or potential loss in
connection with the foregoing, we may collect from, use and disclose your
Information to any person or organization, fraud prevention agency,
regulatory or government body, the operator of any database or registry
used to check information provided against existing information, or other
insurance companies or financial or lending institutions. For these
purposes, your Information may be pooled with data belonging to other
individuals and subject to data analytics.
15
Insurance – This section applies if you are applying for, requesting
prescreening for, modifying or making a claim under, or have included with
your product, service or account, an insurance product that we insure, reinsure,
administer or sell. We may collect, use, disclose and retain your Information,
including health-related Information. We may collect this Information from
you or any health care professional, medically-related facility, insurance
company, government agency, organizations who manage public information
data banks, or insurance information bureaus, including MIB Group, Inc.
and the Insurance Bureau of Canada, with knowledge of your Information.
With regard to life and health insurance, we may also obtain a personal
investigation report prepared in connection with verifying and/or
authenticating the information you provide in your application or as part
of the claims process.
With regard to home and auto insurance, we may also obtain Information
about you from credit reporting agencies at the time of, and during the
application process and on an ongoing basis to verify your
creditworthiness, perform a risk analysis and determine your premium.
We may use your Information to:
determine your eligibility for insurance coverage
administer your insurance and our relationship with you
determine your insurance premium
investigate and adjudicate your claims
help manage and assess our risks and operations
We may share your Information with any health-care professional,
medically-related facility, insurance company, organizations who manage
public information data banks, or insurance information bureaus, including
the MIB Group, Inc. and the Insurance Bureau of Canada, to allow them
to properly answer questions when providing us with Information about
you. We may share lab results about infectious diseases with appropriate
public health authorities.
If we collect your health-related Information for the purposes described
above, it will not be shared within TD, except to the extent that a
TD company insures, reinsures, administers or sells relevant coverage and
the disclosure is required for the purposes described above. Your
Information, including health-related Information, may be shared with
administrators, service providers, reinsurers and prospective insurers and
reinsurers of our insurance operations, as well as their administrators and
service providers for these purposes.
Marketing Purposes – We may also use your Information for
marketing purposes, including to:
tell you about other products and services that may be of interest
to you, including those offered by other businesses within TD and
third parties we select
determine your eligibility to participate in contests, surveys or
promotions
conduct research, analysis, modeling, and surveys to assess your
satisfaction with us as a customer, and to develop products and
services
16
contact you by telephone, fax, text messaging, or other electronic
means and automatic dialing-announcing device, at the numbers you
have provided us, or by ATM, internet, mail, email and other methods
With respect to these marketing purposes, you may choose not to have us:
contact you occasionally either by telephone, fax, text message,
ATM, internet, mail, email or all of these methods, with offers that
may be of interest to you
contact you to participate in customer research and surveys
Telephone and Internet discussions – When speaking with one of our
telephone service representatives, internet live chat agents, or messaging
with us through social media, we may monitor and/or record our
discussions for our mutual protection, to enhance customer service and to
confirm our discussions with you.
MORE INFORMATION
This Privacy Agreement must be read together with our Privacy Code. You
acknowledge that the Privacy Code forms part of the Privacy Agreement.
For further details about this Privacy Agreement and our privacy practices,
visit www.td.com/privacy or contact us for a copy.
You acknowledge that we may amend this Privacy Agreement and our
Privacy Code from time to time. We will post the revised Privacy Agreement
and Privacy Code on our website listed above. We may also make them
available at our branches or other premises or send them to you by mail.
You acknowledge, authorize and agree to be bound by such amendments.
If you wish to opt-out or withdraw your consent at any time for any of the
opt-out choices described in this Privacy Agreement, you may do so by
contacting us at 1-866-567-8888. Please read our Privacy Code for
further details about your opt-out choices.
ADDITIONAL INFORMATION AND DISCLOSURES
FOR TD AEROPLAN CARDHOLDERS:
You acknowledge and consent to the following additional collection, use
and 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, “Air Canada”) 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 TDs, 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.
17
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 Air Canada’s airline and travel-related affiliates. AirCanada’s
affiliates 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 AirCanada.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 Canada
Inc. or its airline and travel-related affiliates 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 affiliates.
31. 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 four (4) statement credits 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 first qualifying NEXUS
application fee is posted to the Account.
The maximum number of eligible statement credits in the
48-month period will be equal to the number of Cardholders on
the Account when a qualifying NEXUS application fee is posted to
your 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
18
32. IF YOU HAVE A PROBLEM OR CONCERN
If you have a problem or concern you may call us toll free at
1-866-222-3456, email
**
us at customer.service@td.com, 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.
The FCAC can also be contacted by telephone at 1-866-461-3222 (en
français 1-866-461-2232) 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 confidential 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
confidential information for resolution, please phone us.
AEROPLAN TERMS FOR YOUR TD CREDIT CARD
DEFINITIONS: What the words in this section mean:
Aeroplan Member Account means the membership account held in
the name of the Primary Cardholder under the Aeroplan program and is
associated with the Account.
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
Aeroplan Inc. (Aeroplan) and associated with the Card(s) and this
Account (i.e., the Account that is maintained by TD for the Card) and it
includes all Aeroplan program privileges and benefits including
Aeroplan points.
Aeroplan Terms for Your TD Credit Card and Aeroplan Credit
Card Terms mean the terms in this section of your Cardholder
Agreement that apply to the Card(s) and this Account.
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 Gas or Grocery or Air Canada Products means a
Purchase of gas or gas station services or products or a Purchase of
grocery or grocery items, including those at grocery locations, or a
Purchase from Air Canada or of any of Air Canada’s products and services,
each from a merchant classified through the Visa network with a
merchant category code (MCC) that identifies the merchant in the “gas”
or “grocery” or “Air Canada” category.
We, us, our, the Bank and TD means The Toronto-Dominion Bank.
19
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,
benefits, 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:
1.5 Aeroplan points (Bonus Rate) earned for each $1 in Purchases
of Gas, Grocery or Air Canada Products (earned only on a
maximum annual amount of $80,000 of Purchases of Gas,
Grocery or Air Canada Products); or
1 Aeroplan point earned for each $1 on all other Purchases.
Please contact TD if you wish to confirm the MCC that applies to a
particular merchant, or if the Purchase qualifies as a Purchase of Gas,
Grocery or Air Canada Products. If you have earned Aeroplan points on the
maximum annual amount of Purchases of Gas, Grocery or Air Canada
Products charged to your Account (from January 1 to December 31) or if
your Purchase does not qualify as a Purchase of Gas, Grocery or
AirCanada Products, you will instead earn the standard rate of Aeroplan
points that applies to all other Purchases charged to the Account as
described above. The Bonus Rate is 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 or the Primary Cardholder ends the Agreement.
20
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 (including those earned
from a Card(s) issued to any Additional Cardholder) will be awarded as
described in the Agreement to the Aeroplan Member Account.
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 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 this 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 Gas, Grocery or
Air Canada Products) 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 the Agreement.
A Cardholder may lose these Aeroplan Credit Card Terms privileges if they
do not comply with this Agreement. We may make a claim against a
Cardholder if they do not comply with this Agreement.
We may cancel or terminate the Agreement, the Account or a Card at anytime.
21
TRAVEL MEDICAL INSURANCE
For Covered Trips of 21 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 Certificate is provided by:
TD Life Insurance Company (Insurer)
320 Front Street West, 3
rd
Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Allianz Global Assistance (Administrator)
P.O. Box 277, Waterloo, ON N2J 4A4
Phone: 1-866-374-1129 or (416) 977-4425
Certificate of Insurance
This Certificate applies to the TD Aeroplan Visa Infinite Card which will be
referred to as a “TD Credit Card” throughout the Certificate.
TD Life Insurance Company (TD Life”) provides the insurance for this
Certificate under Group Policy No. TGV002 (theGroup 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 Certificate contains important information. Please read it carefully and
take it with You on Your trip.
IMPORTANT NOTICE – PLEASE READ CAREFULLY
Travel insurance is designed to cover losses arising from sudden
and unforeseeable circumstances. It is important that you read
and understand your Certificate before you travel as your coverage
may be subject to certain limitations or exclusions.
Your policy may not provide coverage for Medical Conditions and/
or symptoms that existed before your trip. Check to see how this
applies in your Certificate and how it relates to your Departure
Date. Please see sections 6 and 7 of this Certificate for details.
Should you have any questions or need further clarification, please
contact Our Administrator at 1-866-374-1129 or at 416-977-4425
In the event of an accident, injury or sickness, your prior medical
history may be reviewed when a claim is made.
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 Benefit Payable will be reduced
to $30,000, and only 80% of the Eligible Medical Emergency
Expenses will be covered. You can call Our Administrator 24 hours a
day, seven days a week at 1-866-374-1129 from Canada or the
USA, or from other countries by calling collect at (416) 977-4425.
Please see section 8 for further details.
22
Benefit Maximum Benefit Payable
Medical Emergency Insurance $1,000,000 per Insured Person
per Covered Trip.
SECTION 1 – SUMMARY OF BENEFITS
SECTION 2 – DEFINITIONS
In this Certificate, the following words and phrases shown in italics have
the meanings shown below. As You read through the Certificate, You may
need to refer to this section to ensure You have a full understanding of
Your coverage, limitations and exclusions.
Account means the Primary Cardholders TD Credit Card Account that the
Bank maintains.
Additional Cardholder means a person to whom a TD Credit Card
has been issued at the authorization of the Primary Cardholder.
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.
Certificate means this certificate of insurance.
Coverage Period means the period of time during which a Medical
Emergency must occur for a benefit to be payable. This period is defined
in section 5.
Covered Trip means a trip:
made by an Insured Person outside the Insured Persons 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; or
the date coverage terminates as described in section 4.
Note: 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:
A Covered Trip does not include any trip for the purpose of
commuting to or from an Insured Persons usual place of employment.
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 first 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 Persons 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.
23
Different terms and conditions will apply and, depending on the
Insured Persons 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 1-866-374-1129 for more
information or if You would like to obtain a quote.
Dependent Children means Your natural, adopted, or step-children
who are:
unmarried;
dependent on You for financial 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.
Exclusion: 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 Certificate 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.
Eligible Medical Emergency Expenses are defined in section 6.
Emergency Medical Benefit is defined in section 6.
Government Health Insurance Plan (GHIP) means a Canadian
provincial or territorial government health insurance plan.
Good Standing: An Account is in Good Standing if:
• the Primary Cardholder has applied for the Account;
• the Bank has approved and opened the Account;
• the Primary Cardholder 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 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.
Exclusion: Hospital does not include chronic care, convalescent or
nursing home facilities.
Hospitalized or Hospitalization means confined as an in-patient in
a Hospital.
Insured Person means a person who is eligible to be insured under this
Certificate as described in section 3.
24
Maximum Number of Covered Days means 21 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 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.
Medical Emergency means any unforeseen illness or accidental bodily
injury occurring during a Covered Trip that requires immediate emergency
medical Treatment by a Physician.
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 Certificate.
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 benefit under
this Certificate 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.
Primary Cardholder means a person who applied for a TD Credit Card,
whose name is on the Account and to whom a TD Credit Card has been
issued. A Primary Cardholder does not include an Additional Cardholder.
Spouse means:
• the Insured Persons legal husband or wife; or
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.
25
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.
Treated 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.
Usual, Customary and Reasonable Charges means charges that
do not exceed the general level of charges made by other providers of
similar standing in the geographical area where charges are incurred for
comparable Treatment, services or supplies for a similar Medical Emergency.
We, Us and Our mean TD Life Insurance Company.
You and Your mean the Primary Cardholder.
SECTION 3 – ELIGIBILITY
The Primary Cardholder is eligible to be insured under this Certificate if,
throughout the Covered Trip, the Primary Cardholder:
is a resident of Canada;
is covered by a Canadian provincial or territorial GHIP; and
has an Account in Good Standing.
The Primary Cardholders Spouse is eligible to be insured under this
Certificate if, throughout the Covered Trip:
• the Primary Cardholder is eligible to be insured under this
Certificate as described above, even if the Primary Cardholder is not
travelling; and
• the Spouse:
is a resident of Canada;
is covered by a Canadian provincial or territorial GHIP; and
continues to meet the definition of Spouse of the Primary
Cardholder.
The Primary Cardholders Dependent Child is eligible to be insured under
this Certificate whether or not the Primary Cardholder or the Primary
Cardholders Spouse travels with them if, throughout the Covered Trip:
• the Primary Cardholder is eligible to be insured under this
Certificate as described above, even if the Primary Cardholder is not
travelling; and
• the Dependent Child:
is a resident of Canada;
is covered by a Canadian provincial or territorial GHIP; and
continues to meet the definition of Dependent Child.
Exclusion: 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.
26
An Additional Cardholder is eligible to be insured under this Certificate if,
throughout the Covered Trip:
• the Primary Cardholder is eligible to be insured under this
Certificate as described above, even if thePrimary Cardholder is not
travelling; and
• the Additional Cardholder:
is a resident of Canada;
is covered by a Canadian provincial or territorial GHIP; and
continues to meet the definition of Additional Cardholder.
Note: The Spouse and children of an Additional Cardholder are not
automatically eligible for coverage under this Certificate unless they
meet other eligibility requirements set out above (e.g. if the child of
an Additional Cardholder is also the Dependent Child of the Primary
Cardholder).
Coverage after the Maximum Number of Covered Days:
• This Certificate 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 21 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 Persons 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 1-866-374-1129
for more information or if You would like to obtain a quote.
SECTION 4 – WHEN COVERAGE TERMINATES
Coverage for the Primary Cardholder under this Certificate 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 Primary Cardholder under
this Certificate will terminate on the earliest of the following dates:
the date coverage terminates for the Primary Cardholder; and
the date the Insured Person ceases to be eligible for coverage.
No benefits will be paid under this Certificate 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.
27
Note: The Insured Persons trip may be longer than the Maximum
Number of Covered Days (21 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 first
Maximum Number of Covered Days following the departure from the
Insured Persons province or territory of residence will be considered.
The day of departure counts as a full day for this purpose.
The Coverage Period ends on the earlier of:
the date the Insured Person returns 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 the Maximum Number of Covered Days for that Insured Person
(theTermination Date”), then the Coverage Period:
for that Insured Person; and
for any other Insured Person if
Our Administrator has approved a Travelling Companion Benefit
for that other Insured Person; and
That other Insured Person was insured under this Certificate
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 Benefit if an Insured Person suffers a
Medical Emergency during the Coverage Period for a Covered Trip.
Emergency Medical Benefit means, subject to the Maximum
Benefit Payable described in section 1, the Usual, Customary and
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;
Diagnostic services:
charges for diagnostic tests, laboratory tests and X-rays which
are:
prescribed by the treating Physician; and
28
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 Persons
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;
Medical 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;
29
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 Benefit
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
Companions place of departure;
Bedside Companion Benefit
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 benefit or
a Travelling Companion Benefit; and
Our Administrator has approved the Bedside Companion
Benefit in advance;
Vehicle Return
up to $1,000 toward the cost of returning an Insured Persons
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 benefit; 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.
Baggage Return
If an Insured Person returns to their province or territory of
residence by air ambulance because of their Medical Emergency,
this insurance covers the cost to return the Insured Persons
baggage up to an overall maximum of $500 per Covered Trip.
30
SECTION 7 – LIMITATIONS AND EXCLUSIONS: WHAT YOUR
INSURANCE DOES NOT COVER
Limitations and exclusions that apply to a particular benefit are found
above, in the description of those benefits. In addition, for all benefits,
this Certificate does not cover any Treatment, services, or expenses of any
kind caused directly or indirectly as a result of the following:
1. Failure to report
A Medical Emergency must be reported to Our Administrator within
48 hours of admission to Hospital, or as soon as is reasonably
possible.
If the Medical Emergency is not reported as required, the maximum
benefit 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 benefit 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
No benefit will be payable with respect to a sickness, accidental
injury or Medical Emergency that was reasonably foreseeable
when the Insured Person departed on the Covered Trip.
4. Medical Emergency occurring outside the
Coverage Period
No benefit 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 benefit will be paid with respect to any Medical Emergency if
an Insured Persons Medical Emergency occurs after the first 21
days following an Insured Persons departure date from their
province or territory of residence.
For an Insured Person 65 years of age or older, this means, for
example, that no benefit will be paid with respect to any Medical
Emergency if an Insured Persons Medical Emergency occurs after
the first 4 days following an Insured Persons departure date from
their province or territory of residence.
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 Persons 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 benefits for expenses incurred after the
scheduled transfer date.
31
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 benefits 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 specifies that it must
be approved in advance by Our Administrator, if advance approval
is not obtained, no benefit will be payable for that expense.
No benefit 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 benefit 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 benefits 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 benefit 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 inflicted injuries
intentionally inflicted injuries, suicide or attempted suicide,
while either sane or insane;
d. Failure to take medication
failure to take medication as prescribed by the Insured Person’s
Physician;
32
e. Alcohol or drug use
abuse of medication or alcohol or use of illicit drugs;
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. Commuting
any trip that is primarily for the purpose of commuting to or
from the Insured Persons usual place of employment;
j. Mental Problems
any mental, nervous or emotional problems, including any
Medical Emergency arising from these problems;
k. Hazardous Activities
recreational scuba diving (unless the Insured Person holds a
basic scuba designation from a certified 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 certificate of airworthiness;
l. 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 began.
11. Dependent Child not travelling with You or Your Spouse.
No benefit will be payable with respect to a Dependent Child unless
he or she is travelling with You or Your Spouse.
12. Family members of an Additional Cardholder. No benefit
will be payable with respect to a person merely because that person is
the Spouse or a Dependent Child of an Additional Cardholder, unless
that person is otherwise eligible for insurance under this Certificate.
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, benefits
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 1-866-374-1129 from Canada or the U.S.A., or from
other countries by calling collect (416) 977-4425.
33
Our 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 Persons 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 Certificate.
Note: All payments and payment guarantees are subject to the terms
and conditions of the Certificate, 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 benefits will be limited.
Failure to Report a Claim Immediately
If, without contacting Our Administrator for assistance and claim
management, an Insured Person incurs Eligible Medical Emergency
Expenses, then he or she must first 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.
Reporting a Claim Immediately
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 Persons GHIP;
from any health plan or other insurance;
through subrogation rights against any responsible third party.
If 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.
34
Note: If an advance payment is made for expenses and it is later
discovered that they were not covered under this Certificate, 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 1-866-374-1129
From elsewhere, call collect (416) 977-4425
Customer Service: Phone number
To enquire about Your benefits under this Certificate or to check on the
status of an existing claim, You can call Our Administrator at:
Toll-free at 1-866-374-1129 or at (416) 977-4425
Monday – Saturday 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:
Allianz Global Assistance
Re: TD Credit Card– Travel Medical Insurance
P.O. Box 277
Waterloo, Ontario N2J 4A4
Fax: (519) 742-9471.
SECTION 11 – GENERAL CONDITIONS
Unless this Certificate 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;
35
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 first, and this insurance policy will be the last
to pay. The total benefits payable under all Your insurance, including this
Certificate, cannot be more than the actual expenses for a claim. If an
Insured Person is also insured under any other insurance certificate or
policy, We will coordinate payment of benefits 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 benefits is
$50,000 or less. If the lifetime maximum for all in-country and
out-of-country benefits is over $50,000, We will coordinate benefits 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.
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 benefits 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 affiliates 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 benefits under this Certificate are subject in every respect to the Group
Policy which alone constitutes the agreement under which benefits 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
Certificate. The Group Policy is on file at the office of the Bank.
36
TRIP CANCELLATION / TRIP INTERRUPTION
INSURANCE
Coverage under this Certificate is provided by:
TD Life Insurance Company and TD Home and Auto
Insurance Company (Insurer)
320 Front Street West, 3rd Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Allianz Global Assistance (Administrator)
P.O. Box 277, Waterloo, ON N2J 4A4
Phone: 1-866-374-1129 or (416) 977-4425
Certificate of Insurance
This Certificate applies to the TD Aeroplan Visa Infinite Card which will be
referred to as a “TD Credit Card” throughout the Certificate.
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 Certificate 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 Certificate under
Group Policy TGV006.
Together, 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 Certificate contains important information. Please read it carefully and
take it with You on Your trip.
This Certificate 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 benefits. 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 confirm coverage, please contact Our Administrator at
1-866-374-1129 or at (416) 977-4425.
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 benefit insurance money is to be
payable.
37
SECTION 1 – SUMMARY OF BENEFITS
Benefits Maximum Benefit 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 Persons Covered Trip exceeds the
amounts listed above, You may wish to speak to your travel agent or
other travel supplier for excess coverage.
SECTION 2 – DEFINITIONS
In this Certificate, the following words and phrases shown in italics have
the meanings shown below. As You read through the Certificate, You may
need to refer to this section to ensure You have a full understanding of
Your coverage, limitations and exclusions.
Account means the Primary Cardholders TD Credit Card Account that the
Bank maintains.
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”.
Additional Cardholder means a person to whom a TD Credit Card has been
issued at the authorization of the Primary Cardholder.
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.
Certificate means this certificate 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 specific charge.
Coverage Period means the period of time during which a covered
event must occur for a benefit to be payable. Coverage Period means the
Trip Cancellation Coverage Period or the Trip Interruption Coverage Period,
as applicable. These terms are defined in section 5.
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:
38
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
Persons 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.
Dependent Children means Your natural, adopted, or step-children who
are:
unmarried;
dependent on You for financial 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 Certificate 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 Primary Cardholder has applied for the Account;
• the Bank has approved and opened the Account;
• the Primary Cardholder 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 Persons 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 Persons Spouses 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
Certificate as described in section 3.
39
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.
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 Certificate.
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 benefit under
this Certificate 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.
Primary Cardholder means a person who applied for a TD Credit
Card, whose name is on the Account and to whom a TD Credit Card has
been issued. A Primary Cardholder does not include an Additional Cardholder.
Spouse means:
• the Insured Persons 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.
Treated 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.
40
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 defined
in sections 6 and 7.
You and Your means the Primary Cardholder.
SECTION 3 – ELIGIBILITY
The Primary Cardholder is eligible to be insured under this Certificate if,
throughout the Covered Trip, the Primary Cardholder:
is a resident of Canada; and
has an Account in Good Standing.
The Primary Cardholders Spouse is eligible to be insured under this
Certificate if, throughout the Covered Trip:
You are eligible to be insured under this Certificate as described
above, even if You are not travelling; and
• the Spouse:
is a resident of Canada; and
continues to meet the definition of Spouse of the Primary
Cardholder.
The Primary Cardholders Dependent Child is eligible to be insured under
this Certificate whether or not the Primary Cardholder or the Primary
Cardholders Spouse travels with them if, throughout the Covered Trip:
You are eligible to be insured under this Certificate 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 definition of Dependent Child.
An Additional Cardholder is eligible to be insured under this Certificate if,
throughout the Covered Trip:
You are eligible to be insured under this Certificate as described
above, even if You are not travelling; and
• the Additional Cardholder:
is a resident of Canada; and
continues to meet the definition of Additional Cardholder.
Note: An Additional Cardholders Spouse and children are not eligible to
be insured unless they meet one of the other eligibility requirements
described above (e.g. if the Additional Cardholders child is also the
Primary Cardholder’s Dependent Child).
SECTION 4 – WHEN YOUR CERTIFICATE TERMINATES
Coverage for the Primary Cardholder under this Certificate will terminate
on the earliest of the following dates:
the date the Account is cancelled, closed or otherwise ceases to be
in Good Standing;
41
the date the Primary Cardholder ceases to be eligible for coverage;
and
the date the Group Policy terminates.
Coverage for an Insured Person other than the Primary Cardholder under
this Certificate will terminate on the earliest of the following dates:
the date coverage terminates for the Primary Cardholder; and
the date the Insured Person ceases to be eligible for coverage.
No benefits will be paid under this Certificate 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 cost 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.
The 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 Certificate 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 cost 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 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 Certificate terminates.
42
SECTION 6 – WHAT YOUR INSURANCE COVERS – TRIP
CANCELLATION INSURANCE
We will pay a Trip Cancellation Benefit 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 Benefit means, subject to the Maximum Benefit
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 Persons 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; and
travel point administration cancellation fees that applied on
the date the Covered Cause for Cancellation arose, where
applicable; but
Exclusion: there will be no reimbursement for the cost of any
additional travel insurance;
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.
Covered Causes for Cancellation
Covered 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 certifies, in writing:
• that:
he or she has advised the Insured Person or Travelling
Companion to cancel the Covered Trip; or
43
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 certification 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
Persons 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 Companions
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 Persons 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 Persons Covered Trip;
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 Persons principal residence
within 30 days before the Insured Persons 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
Persons travel arrangements, and is limited to the following:
delay of an Insured Persons Common Carrier resulting from the
mechanical failure of that carrier;
a traffic 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 benefit under this Covered Cause for
Cancellation is the Insured Person’s one-way economy fare via
the most cost-effective route to the Insured Persons next
destination;
a natural disaster that renders an Insured Persons principal
residence uninhabitable;
• an Insured Person is quarantined in a situation where no Medical
Covered Cause for Cancellation applies;
44
• an Insured Person is hijacked; and
an enforceable call to service of an Insured Person or Travelling
Companion who is a military, police or fire reservist.
Limitations and Exclusions
1. Pre-Existing Condition
There is no coverage and no benefit 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 benefit 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
Benefits 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 Persons travel plans immediately.
4. Causes not covered
No benefit 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 flyer plan rewards units
Under no circumstance will any benefit be payable in
connection with the value of frequent flyer plan rewards units
that have been lost or wasted.
SECTION 7 – WHAT YOUR INSURANCE COVERS - TRIP
INTERRUPTION INSURANCE
We will pay a Trip Interruption Benefit 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 Benefit means, subject to the Maximum Benefit
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 Persons
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
45
approved in advance by the Administrator; and
the portion of any unused land arrangements which were:
part of the Insured Persons Covered Trip;
paid prior to the Insured Persons date of departure; and
non-refundable on the date the Covered Cause of Interruption
occurred.
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 Persons Covered Trip;
a delay causing an Insured Person to miss a connection for a
Common Carrier or resulting in the interruption of an Insured
Persons travel arrangements, and is limited to the following:
a delay of an Insured Persons Common Carrier, resulting from
the mechanical failure of that carrier;
a traffic 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 flight is not
considered as a delay.
Limitation: The benefit under this Covered Cause for
Interruption is the Insured Persons one-way economy fare via
46
the most cost-effective route to the Insured Persons next
destination;
a natural disaster that renders an Insured Persons principal
residence uninhabitable;
• an Insured Persons quarantine or hijacking; and
an enforceable call to service of an Insured Person who is a
military, police or fire reservist.
Limitations and Exclusions
1. Pre-Existing Conditions
There is no coverage and no benefit 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 benefit 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 benefit 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 benefit 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 flyer plan rewards units
Under no circumstance will any benefit be payable in
connection with the value of frequent flyer plan rewards units
that have been lost or wasted.
7. Unused Return Travel
Under no circumstance will Trip Interruption Benefits include
the cost of prepaid unused return travel.
SECTION 8 – LIMITATIONS AND EXCLUSIONS: WHAT YOUR
INSURANCE DOES NOT COVER
Limitations and exclusions that apply to a particular benefit are found
above, in the description of those benefits. In addition, for all benefits,
this Certificate 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;
47
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 benefit section for details. In addition:
1. No benefit 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 9 weeks leading up to the expected delivery date, or
after the expected delivery date;
any child born during the Covered Trip in question;
b. Intentionally inflicted injuries
intentionally inflicted injuries, suicide or attempted suicide,
while either sane or insane;
c. Alcohol or drug abuse
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;
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 certified 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 certificate 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 benefit in
question began.
2. Dependent Child not travelling with You or Your Spouse
No benefit will be payable:
with respect to a Dependent Child unless he or she is travelling
48
• with You or,
• if Your Spouse is an Insured Person under this Certificate,
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 its important to cancel the Insured Persons 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 24 Hour Emergency Assistance number found in section 11, below.
Some expenses are only covered if theyre approved in advance by the
Administrator. All transportation expenses must be pre-approved.
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
confirm 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 certificate, Physician’s
written statement or death certificate, 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.
49
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 1-866-374-1129
From elsewhere, call collect (416) 977-4425
Customer Service: Phone number
To enquire about these benefits, the Insured Person can call the
Administrator at: 1-866-374-1129 or at (416) 977-4425
Monday – Saturday 8 a.m. – 8 p.m. Eastern Time
SECTION 12 – GENERAL CONDITIONS
Unless this Certificate 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 first, and this insurance policy will be the last
to pay. The total benefits payable under all Your insurance, including this
Certificate, cannot be more than the actual expenses for a claim. If an
Insured Person is also insured under any other insurance certificate or
policy, We will coordinate payment of benefits with the other insurer.
50
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.
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 benefits of this coverage, nor to the payment of any claim
under the Group Policies.
Group Policies
All benefits under this Certificate are subject in every respect to the Group
Policies which alone constitute the agreements under which benefits 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 Certificate. The Group Policies are
on file at the office of the Bank.
COMMON CARRIER TRAVEL
ACCIDENT INSURANCE
Coverage under this Certificate is provided by:
TD Life Insurance Company (Insurer)
320 Front Street West, 3
rd
Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Allianz Global Assistance (Administrator)
P.O. Box 277, Waterloo, ON N2J 4A4
Phone: 1-866-374-1129 or (416) 977-4425
The Certificate below applies to the TD Aeroplan Visa Infinite Card which
will be referred to as a “TD Credit Card” throughout the Certificate:
Certificate of Insurance
TD Life Insurance Company (TD Life”) provides the insurance for this
Certificate under Master Policy #TGV009 (the “Policy) issued to
The Toronto-Dominion Bank. This Insurance is administered by Allianz
Global Assistance (“Allianz”) through the Operations Centre. Allianz
administers the insurance on behalf of TD Life, and provides claims
assistance, claims payment and administrative services under the Policy.
This Certificate contains a clause which may limit the
amount payable.
Words in italics in this Certificate are defined in section 1.
51
Section 1 – Definitions
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
TDCredit Card or TD Visa Cheque.
ACCOUNT HOLDER means the Primary Cardholder to whom the monthly
Account statement is issued, and who is a resident of Canada and any
Additional Cardholder who is a resident of Canada. The Account Holder
may be referred to herein using “You” and “Your”.
ADDITIONAL CARDHOLDER means a person to whom a TD Credit Card has
been issued at the authorization of the Primary Cardholder.
CERTIFICATE means this certificate 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 benefits 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 definition of Common
Carrier will extend to whatever conveyance is used for this purpose. Such
alternate 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 flights and publishes timetables and fares consistent with
Scheduled Airline practices and provided the aircraft is limited to fixed-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 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
definition of Dependent Children are the Account Holder’s Dependent
Children under the age of twenty-five (25) and unmarried, who are
classified 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.
52
LOSS means the types of Accidental Bodily Injuries listed in section 4 and
for which this insurance provides coverage.
PRIMARY CARDHOLDER means a person who applied for a TD Credit Card,
whose name is on the Account and to whom a TD Credit Card has been
issued.
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 Persons occupation; and
2) causes a condition which is medically determined, by a physician
approved by Allianz, to be of continuous and indefinite duration;
and
3) require the continuous care of a physician, unless the Insured
Person has reached his/her maximum point of recovery; and
4) prevent the Insured Person from engaging in any gainful
occupation for which the Insured Person is qualified, or could be
qualified, by reason of education, training, experience, or skill.
The Permanent Total Disability must have existed for twelve
(12)consecutive months.
(Note: Permanent Total Disability benefits 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.
Section 2 – Common Carrier Accident Coverage
Benefits will be paid as specified in the Schedule of Benefits below if an
Insured Person suffers a Loss arising from and occurring on a Covered Trip
while the Insured Person is:
1) riding as a passenger in or entering or exiting any Common
Carrier; or
2) at 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 Persons arrival at the airport, terminal or station, coverage
begins at the time the entire Common Carrier passage fare is charged to
the Insured Persons Account.
53
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;
1) immediately preceding the departure of the scheduled Common
Carrier conveyance on which the Insured Person has purchased
passage; and
2) immediately following the arrival of the scheduled Common Carrier
conveyance on which the Insured Person was a passenger.
Section 3 – Rental Car Accident Coverage
Benefits will be paid as specified in the Schedule of Benefits 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 Account
Holder; and
(c) the driver of the rented automobile is not legally intoxicated nor under
influence of any narcotic unless prescribed by a licensed physician.
The maximum benefit payable for any one Rental Car Accident is
$2,000,000 in total.
Section 4 – Schedule of Benefits and Important Conditions
If an Insured Person has multiple Losses as the result of one accident, only
the single largest benefit amount applicable to the Loss suffered is payable.
The following benefits 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 Benefits
54
Accidental Loss of Benefit Amount
Life $500,000
Speech and Heari ng $500,000
Both Hands or Both Feet or Si ght of Both Eyes or a
Combination of a Hand, a Foot or Si ght of One Eye $500,000
One Arm or One Leg $375,000
One Hand or One Foot or Si ght of One Eye $333,350
Speech or Heari ng $333,350
Thumb and Index Finger of the same Hand $166,650
Paralysis
Quadriplegia (complete paralysi s of both
upper and lower l imbs) $500,000
Paraplegia (complete paralysis of both lower l imbs) $500,000
Hemiplegia (complete paralysi s of upper and
lower limbs of one si de of body) $500,000
“Loss” with reference to hand or foot means complete severance through
or above the knuckle joint of at least four fingers of the same hand or
three fingers 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 finger means complete severance through or above the knuckle
joints of the thumb and index finger.
“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 Benefits
Loss Benefit Amount
Permanent Total Disability $500,000
Coma $500,000
(i) Permanent Total Disability benefits are available only to you and your
Spouse. Benefit 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-five (365) days after the
date of the accident and the Permanent Total Disability continues for
twelve (12)consecutive months.
(ii) Coma benefits 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
benefits are not payable, nor do they accrue, during an elimination
period. The Coma benefit amount is payable monthly at a rate of 1%
of the benefit amount shown above until the earliest of: 1) the date
the Dependent Child dies; 2) the date the Dependent Child is no
longer in a Coma; or 3) total payments equal the Coma benefit
amount shown above. If the Dependent Child dies as a result of the
accident during the period for which this Coma benefit is payable, we
will pay a lump sum equal to the Dependent Child’s loss of life benefit
amount, less Coma benefit 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 Benefits 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.
55
Section 5 – Special Benefits
A. Family Transportation Benefit
(i) When an Insured Person is confined as an in-patient in a hospital
due to Accidental Bodily Injuries that result in a Loss, TD Life 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 Persons loss of life results in a loss of life benefit
amount being payable, TD Life will pay for the expenses incurred
by an Immediate Family Member of the Insured Person for
transportation to the place where the Insured Persons body is
located for the purpose of identifying the Insured Persons body.
Such transportation must be via Common Carrier on the most
direct route available.
The maximum Family Transportation Benefit payable is $5,000 per
Insured Person who is hospitalized as described above.
B. Repatriation Benefit
When Accidental Bodily Injuries result in a loss of life benefit amount
being payable, and the loss of life occurs at least 100 kilometres from the
Insured Persons permanent city of residence, TD Life will pay for the cost
of preparation and transportation of Insured Persons body to such place
of residence. The maximum Repatriation Benefit payable is $10,000 per
loss of life.
C. Rehabilitation Benefit
When 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 confinement 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 Benefits
The loss of life benefit of an Account Holder will be paid to the designated
beneficiary. This choice must be in writing and filed with Allianz. All other
benefit amounts for Losses suffered by the Account Holder are paid to the
Account Holder.
The loss of life benefit of a Spouse or Dependent Child will be paid to the
Account Holder, if living, otherwise to the designated beneficiary. This
choice must be in writing and filed with Allianz. All other benefit 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.
56
If the Insured Person has not chosen a beneficiary, or if there is no
beneficiary alive when the Insured Person dies, TD Life will pay the benefit
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-inflicted.
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.
Section 8 – Making a Claim
Written Notice of Claim must be given to Allianz Global Assistance,
P.O. Box 277, Waterloo, Ontario, N2J 4A4 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 Allianz within ninety (90) days
after the date of Loss, or as soon as reasonably possible.
At the time of a claim, Allianz is available to assist You or Your
representative in obtaining and completing the necessary claim forms.
Call 1-866-374-1129.
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.
57
CONFORMANCE WITH STATUTES: Any terms of this Policy which are in
conflict 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.
PHYSICAL EXAMINATION AND AUTOPSY: Allianz has the right to have the
Insured Person examined by a physician approved by Allianz, as often as
reasonably necessary while a claim is pending. Allianz may also have an
autopsy done, unless prohibited by law. Any examinations or autopsies
that we require will be done at Allianz’s expense and by a physician.
MASTER POLICY: This Certificate 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
certificates or TD Credit Cards entitle an Insured Person to benefits in
excess of those described herein for any Loss sustained.
DELAYED AND LOST BAGGAGE INSURANCE
Coverage under this Certificate is provided by:
TD Home and Auto Insurance Company (Insurer)
320 Front Street West, 3rd Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Allianz Global Assistance (Administrator)
P.O. Box 277, Waterloo, ON N2J 4A4
Phone: 1-866-374-1129 or (416) 977-4425
The Certificate below applies to the TD Aeroplan Visa Infinite Card which
will be referred to as a “TD Credit Card” or “Card” throughout the
Certificate:
This Certificate contains a clause which may limit the
amount payable.
Certificate of Insurance
The terms of the Delayed and Lost Baggage Group Policy #TDVB112008
(theMaster Policy”) issued by TD Home and Auto Insurance
Company (Insurer”) to The Toronto-Dominion Bank are described in
this Certificate.
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 Certificate are defined in section 1.
Section 1 – Definitions
ACCOUNT(S) means Your TD Credit Card Account accessed using Your
TDCredit Card or TD Visa Cheque.
ACCOUNT HOLDER means the Primary Cardholder to whom the monthly
Account statement is issued and who is a resident of Canada, and any
Additional Cardholder who is a resident of Canada. The Account Holder
may be referred herein as “You” or “Your”.
58
ADDITIONAL CARDHOLDER means a person to whom a TD Credit Card has
been issued at the authorization of the Primary Cardholder.
ADMINISTRATOR means the service provider arranged by the Insurer to
provide claims payment and administrative services under the Policy.
BAGGAGE DELAY means a Covered Persons Checked Baggage is delayed
by more than six (6) hours from the Covered Persons time of arrival at
the Final Destination.
CERTIFICATE means this certificate of insurance.
CHECKED BAGGAGE means suitcases or other containers specifically
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 no 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-five (25) years, unmarried and in full
time attendance at an institution of higher learning, or
(iii) by reason of mental or physical infirmity, 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.
PRIMARY CARDHOLDER means a person who applied for a TD Credit Card,
whose name is on the Account and to whom a TD Credit Card has been
issued.
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).
Section 2 – Who is covered
The 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.
59
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 Persons
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 benefits 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 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
Persons 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.
Section 6 – Claims
The Account Holder must furnish the Insurer with proof of claim. This shall
include a signed loss report.
(A) Initial Notification
If You have incurred a claim covered under the Delayed/Lost Baggage
Plan, You must give notice by contacting the Administrator within
forty-five (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
Saturday: 1-866-374-1129 or (416) 977-4425
60
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;
itemized receipts for actual expenses incurred for essential clothing
and toiletries;
written statement from the Common Carrier confirming all of the
following specifics:
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;
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
No legal action may be brought to recover on the Policy until sixty
(60)days after the Insurer has been given written proof of loss. 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 first, and this insurance policy will be the last
to pay. The total benefits payable under all Your insurance, including this
Certificate, cannot be more than the actual expenses for a claim. If an
61
Insured Person is also insured under any other insurance certificate or
policy, We will coordinate payment of benefits 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.
Benefits Account Holder Only
This protection shall inure ONLY to the benefit of the Account Holder. No
other person or entity shall have any right, remedy or claim, either legal
or equitable to the benefits.
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 benefits
of this protection nor to the payment of any claim made under the Policy.
Policy
This Certificate is not a policy of insurance. In the event of any conflict
between this description of coverage and the Policy, the terms and
conditions of the Policy will govern. In no event does possession of
multiple certificates or TD Credit Cards entitle a Covered Person to benefits
in excess of this stated herein for any one loss sustained.
EMERGENCY TRAVEL ASSISTANCE SERVICES
Emergency Travel Assistance Services under
this Certificate is provided by:
Allianz Global Assistance (Administrator)
P.O. Box 277, Waterloo, ON N2J 4A4
Phone: 1-866-374-1129 or (416) 977-4425
Provided by our Administrator under a service agreement
with TD Life Insurance Company.
This is not an insurance benefit but assistance services only.
The Coverage Certificate below applies to the TD Aeroplan Visa Infinite
Card which will be referred to as a “TD Credit Card” throughout the
Certificate:
Important Note
The following describes assistance services only, not insurance benefits.
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.
62
For Emergency Assistance 24 Hours A Day:
In Canada and U.S.A., Call 1-866-374-1129
In Other Countries, Call Collect (416) 977-4425
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 Administrators 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.
Medical Transportation
When 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 qualified 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 Infinite Cardholders are also eligible for Delayed and
Lost Baggage Insurance; however, this coverage is entirely separate (see
your Coverage Certificate in this Document for details).
63
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,
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 Certificate is provided by:
TD Home and Auto Insurance Company (Insurer)
320 Front Street West, 3rd Floor, Toronto, ON M5V 3B6
Administration services are provided by:
Allianz Global Assistance (Administrator)
P.O. Box 277, Waterloo, ON N2J 4A4
Phone: 1-866-374-1129 or (416) 977-4425
The Certificate below applies to the TD Aeroplan Visa Infinite Card which
will be referred to as a “TD Credit Card” throughout the Certificate.
This Certificate 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 the Policy.
Certificate of Insurance
Please read this Certificate 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 Certificate should be kept in a safe place and
carried with You when You travel.
TD Home and Auto Insurance Company (referred to in this Certificate as
the “Company”) provides the insurance for this Certificate under
PolicyTDV092010 (referred to in this Certificate 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 Certificate is not a contract of insurance. It contains only a
summary of the principal provisions of the Policy.
All benefits are subject in every respect to the Policy which alone
constitutes the Agreement under which payments are made.
64
This coverage may be cancelled, changed or modified at the option of the
card issuer or the Company with at least 30 days written notice to the
Primary Cardholder.
To help You understand this document, some key words have been
defined below:
ACCOUNT means Your TD Credit Card Account accessed using Your
TDCredit Card or TD Visa Cheque.
ACCOUNT HOLDER means the Primary Cardholder to whom the monthly
Account statement is issued and who is a resident of Canada, and any
Additional Cardholder who is a resident of Canada. The Account Holder
may be referred herein as “You” or “Your”.
ADDITIONAL CARDHOLDER means a person to whom a TD Credit Card has
been issued at the authorization of the Primary Cardholder.
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 fleet of cars parked in a convenient location.
CARDHOLDER means the Primary Cardholder and any Additional
Cardholder in accordance with the Cardholder Agreement.
CERTIFICATE means this certificate 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 Agencys 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 identified 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.
PRIMARY CARDHOLDER means a person who has applied for a TD Credit
Card, whose name is on the Account and to whom a TD Credit Card has
been issued.
RENTAL AGENCY means an auto Rental Agency licensed to rent vehicles
and which provides a rental agreement. For greater certainty, throughout
this Certificate of Insurance the terms ‘rental company’ and ‘rental agency’
refer to both traditional auto rental agencies and Car Sharing Programs.
RENTAL AGENCY’S CDW means an optional Collision Damage Waiver
(CDW) or similar coverage offered by car rental companies that relieves
65
renters of financial responsibility if the car is damaged or stolen while
under rental contract. Rental Agency’s CDW is not insurance.
TAX-FREE 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.
YOU/YOUR means a TD Credit Cardholder whose name is embossed on
the TD Credit Card or who is authorized to use the TD Credit Card in
accordance with the Cardholder Agreement.
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
Persons 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 first rental will be eligible for these benefits.
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 first day onwards, i.e. coverage will
not be provided for either the first 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 vehicles 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.)
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.
66
Coverage is available except where prohibited by law.
Claims must be reported within forty-eight (48) hours of the
damage/loss occurring by calling 1-866-374-1129 (when in
Canada or the United States) or, call collect (416) 977-4425.
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;
4. the operation of the rental vehicle at any time during which any
Insured Person is driving while intoxicated or under the influence 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 defined, 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 the U.S.
67
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 confiscated 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 defined 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.
2. Decline the Rental Agencys 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 TD Credit 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 Your
Aeroplan points, the entire balance of that rental must be paid
using Your TD Credit Card in order to be covered.
68
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 difficult.)
G. Types of Vehicles Covered
The types of rental vehicles covered include:
All cars, sport utility vehicles, and Mini-Vans (defined as vans made by an
automobile manufacturer and classified 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
reconfigured 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-five 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;
69
11. any vehicle which is either wholly or in part hand made, hand
finished 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.
IN THE EVENT OF AN ACCIDENT/THEFT
Within forty-eight (48) hours, call the Administrator toll-free
1-866-374-1129 if You are in Canada or the United States or
call collect (416) 977-4425. 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 toll-free if they are in Canada or the United States
to 1-877-661-3566. When elsewhere the fax number is
1-519-742-9471. Original documentation may also be required
in some instances. (If You have any questions, are having any
difficulties, 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-five
(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 TD Credit Card and/or proof of redemption;
the original copy of the vehicle rental agreement
accident or damage report, if available
the 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 fifteen
(15)days after the claims Administrator has received all necessary
70
documentation. If the claim cannot be assessed on the basis of the
information that has been provided, it will be closed.
After 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 file 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 benefits 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, find out if You are required to provide a deposit
if You wish to decline the Rental Agencys 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 difficulty using Your
CLD Insurance coverage, please call toll-free 1-866-374-1129 if You are in
Canada or the United States or, call collect (416) 977-4425 and provide:
the name of the Rental Agency involved,
• the Rental Agencys address,
the date of the rental,
the 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.
71
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 Certificate are
followed and the Rental Agencys 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 Agencys 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”.
PURCHASE SECURITY AND
EXTENDED WARRANTY PROTECTION
Coverage under this Certificate 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:
Allianz Global Assistance (Administrator)
P.O. Box 277, Waterloo, ON N2J 4A4
Phone: 1-866-374-1129 or (416) 977-4425
The Certificate below applies to the TD Aeroplan Visa Infinite Card which
will be referred to as a “TD Credit Card” throughout the Certificate:
This Certificate contains a clause which may limit the
amount payable.
Certificate of Insurance
The terms of the TD Credit Card Purchase Security and Extended Warranty
Protection Group Policy #TDVP112008 (the “Master Policy”) issued by
TD Home and Auto Insurance Company (“Insurer”) to The Toronto-Dominion
Bank are described in this Certificate and are effective December 1, 2008.
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.
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 Certificate are defined in section 1.
72
Section 1 – Definitions
ACCOUNT(S) means Your TD Credit Card Account accessed using Your
TDCredit Card or TD Visa Cheque.
ACCOUNT HOLDER means the Primary Cardholder to whom the monthly
Account statement is issued and who is a resident of Canada, and any
Additional Cardholder who is a resident of Canada.. The Account Holder
may be referred herein as “You” or “Your”.
ADDITIONAL CARDHOLDER means a person to whom a TD Credit Card has
been issued at the authorization of the Primary Cardholder.
ADMINISTRATOR means the service provider arranged by the Insurer to
provide claims payment and administrative services under the Policy.
CERTIFICATE means this certificate of insurance.
INSURED ITEM means a new item of personal property (a pair or set
being one item) for personal use for which at least 75% of the Purchase
Price has been charged to the Account of the Account Holder.
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.
PRIMARY CARDHOLDER means a person who applied for a TD Credit Card,
whose name is on the Account and to whom a TD Credit Card has been issued.
PURCHASE PRICE means the actual cost to the Account Holder of the
Insured Item, including any applicable sales tax.
SPOUSE means:
i) a person to whom the Account Holder is lawfully married; or
ii) the designated partner where such partner has been domiciled
with the Account Holder for at least one year and is publicly
represented as the Account Holder’s Spouse.
Section 2 – What are the Insurance Benefits
(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 and is in effect for purchases made on or
after December 1, 2008.
(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 five years or less.) Manufacturers Warranties
73
greater than five years are covered if registered with the Administrator
within the first year after purchase of the item.
(ii) To register an Insured Item with a warranty greater than five (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 Manufacturers Warranty valid in Canada; and
description of the product.
This protection is provided at no additional cost and is in effect for
purchases made on or after December 1, 2008.
Section 3 – Policy Limits
There is a maximum aggregate lifetime benefit 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
Insured 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. 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-five (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 and subject to the exclusions, terms
and limits of liability as stated in this Certificate.
Section 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, travellers 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) automobiles, 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;
74
(viii)
used and pre-owned items including antiques and demos;
(ix) any item purchased by and/or used for a business or commercial
purpose;
(x) items consumed in use; and
(xi) services.
(b) Loss or damage resulting from the following perils are excluded from
coverage:
(i) abuse or fraud;
(ii) flood or earthquake;
(iii) war, invasion, hostilities, rebellion, insurrection, terrorism,
confiscation 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; or
(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 addition to any exclusions which may be set out in the Manufacturer’s
Warranty, this Certificate 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) any item purchased by and/or used for a business or commercial
purpose; and
(vii)consequential damages, including bodily injury, property
damages, economic loss, punitive or exemplary damages and
legal costs are not covered;
(viii)
inherent product defects.
Section 5 – Claims
The Account Holder must furnish the Administrator with proof of loss. This
shall include a signed Loss Report.
(a) Initial Notification
If You have incurred a loss covered under the Purchase Security or
Extended Warranty Protection Plans, You must give notice by contacting the
75
Administrator within forty-five (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
Saturday: 1-866-374-1129 or (416) 977-4425
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. 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:
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 specified on the Manufacturers Warranty;
have the authorized dealer contact the Insurer; and if
repairable
pay for the repair and submit:
– a copy 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 Manufacturers Warranty.
In the event that the damaged Insured Item is 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 Certificate.
76
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. All of Our policies are excess insurance, meaning that
any other sources of recovery You have will pay first, and this insurance
policy will be the last to pay. The total benefits payable under all Your
insurance, including this Certificate, cannot be more than the actual
expenses for a claim. If an Insured Person is also insured under any other
insurance certificate or policy, We will coordinate payment of benefits
with the other insurer.
SUBROGATION. Following the Insurers 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 benefit of the Account Holder. No other person or entity shall have
any right, remedy or claim, legal or equitable, to the benefits.
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 attempt thereat, 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 benefits 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
77
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 Certificate is not a Policy of Insurance. In the event
of any conflict 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 certificates or TD Credit Cards entitle an
Insured Person to benefits in excess of those stated herein for any one
loss sustained.
FLIGHT/TRIP DELAY INSURANCE
Coverage under this Certificate 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:
Allianz Global Assistance (Administrator)
P.O. Box 277, Waterloo, ON N2J 4A4
Phone: 1-866-374-1129 or (416) 977-4425
The Certificate below applies to the TD Aeroplan Visa Infinite Card which
will be referred to as a “TD Credit Card” throughout the Certificate:
Certificate of Insurance
TD Home and Auto Insurance Company (“TDH&A”) provides the insurance
for this Certificate under Master Policy #TGV010 (the “Policy) issued to
The Toronto-Dominion Bank. This Insurance is administered by Allianz
Global Assistance (“Allianz”) through the Operations Centre. Allianz
administers the insurance on behalf of TDH&A, and provides claims
assistance, claims payment and administrative services under the Policy.
This Certificate contains a clause which may limit the
amount payable
Words in italics in this Certificate are defined in section 1.
SECTION 1 – DEFINITIONS
ACCOUNT means Your TD Credit Card Account accessed using Your
TDCredit Card or TD Visa Cheque.
ACCOUNT HOLDER means the Primary Cardholder to whom the monthly
Account statement is issued, and who is a resident of Canada and any
Additional Cardholder who is resident of Canada. The Account Holder may
be referred to herein using “You” and “Your”.
ADDITIONAL CARDHOLDER means a person to whom a TD Credit Card has
been issued at the authorization of the Primary Cardholder.
CERTIFICATE means this certificate 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 Carriers License or its
equivalent, provided it maintains regularly scheduled flights and publishes
78
timetables and fares consistent with Scheduled Airline practices and
provided the aircraft is limited to fixed-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
definition of Dependent Children are the Account Holder’s Dependent
Children under the age of twenty-six (26) and unmarried, who are
classified 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.
PRIMARY CARDHOLDER means a person who applied for a TD Credit Card,
whose name is on the Account and to whom a TD Credit Card has been issued.
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.
SECTION 2 – $500 FLIGHT/TRIP DELAY COVERAGE
In the 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 specified 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. Benefits 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 Carriers
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;
79
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 benefit 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 Allianz within forty-five
(45)days from the date of the occurrence of the delay.
To report your claim, please call 1-866-374-1129 or
(416)977-4425.
In the 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 copy of the Account charge receipt or TD Credit Card statement
for the cost of the Common Carrier and/or proof of redemption;
itemized 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 confirming the date
and time of the Common Carrier delay;
reason or circumstances surrounding the delay; and
any other information reasonably required by Allianz.
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
80
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 conflict
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 Certificate 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
certificates or TD Credit Cards entitle an Insured Person to benefits in
excess of those described herein.
MOBILE DEVICE INSURANCE
Coverage under this Certificate is provided by:
American Bankers Insurance Company of Florida
5000 Yonge Street, Suite 2000, Toronto, Ontario M2N 7E9
Phone: 1-800-859-0694
This Certificate of Insurance contains a clause which may
limit the amount payable.
The coverage outlined in this Certificate of Insurance is effective
November 8, 2020, and is provided to eligible TD Aeroplan Visa Infinite
Cardholders. Refer to the Definitions 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
(thePolicy”) issued by the Insurer to The Toronto-Dominion Bank (the
Policyholder”). The Insurer, its subsidiaries, and affiliates carry on
business in Canada under the name of Assurant
®
. Assurant
®
is a
registered trademark of Assurant, Inc.
The terms, conditions and provisions of the Policy are summarized in this
Certificate of Insurance, which is incorporated into and forms part of the
Policy. Mobile Device Insurance benefits are subject in every respect to the
Policy, which alone constitutes the agreement under which benefits will
be provided. You or a person making a claim under this Certificate 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 office 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 Certificate of Insurance.
81
Section 1 – Definitions
The following words and phrases, shown capitalized and italicized in this
Certificate 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 the Primary Cardholders TD Aeroplan Visa Infinite Card
account, which must be in Good Standing with the Policyholder.
Additional Cardholder means a natural person resident in Canada to
whom a TD Aeroplan Visa Infinite Card has been issued at the
authorization of the Primary Cardholder.
Cardholder means the Primary Cardholder and any Additional
Cardholder. The Cardholder may be referred to as “You” or “Your”.
Dollars and $ means Canadian dollars.
Good Standing means, with respect to an Account, that the Primary
Cardholder has not advised the Policyholder to close it 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 Cardholder.
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, and which
has not been purchased by a business and/or used for business or for
commercial purposes.
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 Cardholder in respect of a loss
subject to a claim under this Certificate of Insurance, including group and
individual insurance, credit card coverage (whether group or individual),
and any other reimbursement plans.
Plan means a fixed-term contract offered by a wireless service Provider.
Primary Cardholder means a natural person, resident of Canada,
whose name is on the Account and to whom a TD Aeroplan Visa Infinite
Card has been issued. A Primary Cardholder does not include an
Additional Cardholder.
Provider means a Canadian wireless service Provider.
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
Cardholder will pay if funding the purchase of a Mobile Device through
aPlan.
82
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 certificate issued by a
retailer or Provider to the Cardholder when the Cardholder 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 first 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.
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 of
purchase.
††
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:
83
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 May 1, and file a claim on
January 21 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% x 8 months x $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 file 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.
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 Certificate of Insurance.
D. LIMITATIONS AND EXCLUSIONS
This coverage complements but does not replace the manufacturers
warranty or warranty obligations.
This coverage does, however, provide certain additional benefits 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
48 consecutive month period.
84
Mobile Device Insurance does not cover:
1) accessories, whether included with Your Mobile Device in the
original manufacturers package or purchased separately;
2) batteries;
3) Mobile Devices purchased for resale, professional or
commercial use;
4) used, previously owned Mobile Devices;
5) refurbished Mobile Devices (unless provided as a replacement
for Your Mobile Device under the manufacturers warranty or
purchased directly from an original equipment manufacturer or
Canadian Provider);
6) Mobile Devices that have been modified 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 Cardholder
or the Cardholders travelling companion with the Cardholders
knowledge.
No benefits 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), confiscation by authorities, risks of
contraband, illegal activities, normal wear or tear, flood,
earthquake, radioactive contamination, Mysterious
Disappearance or inherent product defects;
b) power surges, artificially 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 Cardholder 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 benefits.
85
F. OTHER INSURANCE
Mobile Device Insurance benefits 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.
G. HOW TO MAKE A CLAIM
PRIOR to proceeding with any action or repair services or replacement
of the Mobile Device, You must first 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 1-800-859-0694 between 8:00 a.m. and 8:00 p.m. ET,
Monday through Friday to obtain a claim form.
To file a claim online, please visit cardbenefits.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 notified Your Provider of loss or theft;
4) a copy of the original manufacturers warranty (for mechanical
failure claims);
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;
86
8) a copy of any document detailing any Other Insurance benefits
or protection and reimbursements received for this occurrence;
9) a police report, fire loss report, or other report of the
occurrence of the Accidental Damage, loss or theft of Your
Mobile Device.
You must 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 benefits described in this Certificate of
Insurance.
A. SUBROGATION
As a condition to the payment of any claim to a Cardholder, the
Cardholder shall, upon request, transfer or assign to the Insurer all
legal rights against all other parties for the loss. The Cardholder 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 Cardholder.
B. TERMINATION OF INSURANCE
All coverage under this Certificate of Insurance terminates on the
earlier of:
a) the date the Account is cancelled or closed; and
b) the date the Policy terminates.
No benefits will be paid for any loss incurred after coverage under this
Certificate of Insurance has terminated, unless otherwise specified or
agreed.
C. DUE DILIGENCE
The Cardholder 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 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.
87
E. PAYMENT OF CLAIM
Benefits 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 benefit 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 1-800-859-0694. 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 Insurers 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 information 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 1-888-778-8023 or from their website:
www.assurantsolutions.ca/privacy. If You have any questions or
concerns regarding the privacy policy or Your options for refusing or
withdrawing this consent, You may call the Insurer at the number
listed above.
88
HOTEL/MOTEL BURGLARY INSURANCE
Coverage under this Certificate is provided by:
American Bankers Insurance Company of Florida
5000 Yonge Street, Suite 2000, Toronto, Ontario M2N 7E9
Phone: 1-800-859-0694
This Certificate of Insurance contains a clause which may
limit the amount payable.
The coverage outlined in this Certificate of Insurance is effective
November 8, 2020, and is provided to eligible TD Aeroplan Visa Infinite
Cardholders. Refer to the Definitions 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 (thePolicy”) issued by the Insurer to
The Toronto-Dominion Bank (the “Policyholder). The Insurer, its
subsidiaries, and affiliates carry on business in Canada under the name of
Assurant
®
. Assurant
®
is a registered trademark of Assurant, Inc.
The terms, conditions and provisions of the Policy are summarized in this
Certificate of Insurance, which is incorporated into and forms part of the
Policy. Hotel/Motel Burglary Insurance benefits are subject in every
respect to the Policy, which alone constitutes the agreement under which
benefits will be provided. You or a person making a claim under this
Certificate 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 office 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 Certificate of Insurance.
Section 1 – Definitions
The following words and phrases, shown capitalized and italicized in this
Certificate 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.
Account means the Primary Cardholders TD Aeroplan Visa Infinite Card
account, which must be in Good Standing with the Policyholder.
Additional Cardholder means a natural person resident in Canada to
whom a TD Aeroplan Visa Infinite Card has been issued at the
authorization of the Primary Cardholder.
Cardholder means the Primary Cardholder and any Additional
Cardholder. The Cardholder may be referred to as “You” or “Your”.
Check In means the moment the Cardholder registers at the Hotel/Motel.
89
Check Out means the moment the Cardholder vacates the Hotel/Motel
room and pays the cost incurred for the duration of the stay.
Dependent Children means the Cardholders unmarried natural,
adopted or stepchildren who are dependent on the Cardholder 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 Primary
Cardholder has not advised the Policyholder to close it 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 a Cardholder and, when travelling with the
Cardholder, the Cardholders Spouse, Dependent Children, and parents
residing with the Cardholder.
Other Insurance means all other applicable valid insurance, indemnity,
warranty, or protection available to the Cardholder in respect of a loss
subject to a claim under this Certificate of Insurance, including group and
individual insurance, credit card coverage (whether group or individual),
and any other reimbursement plans.
Primary Cardholder means a natural person, resident of Canada,
whose name is on the Account and to whom a TD Aeroplan Visa Infinite
Card has been issued. A Primary Cardholder does not include an Additional
Cardholder.
Spouse means the person who is legally married to the Cardholder or
the person who has been living with the Cardholder for a continuous
period of at least 1 year and is publicly represented as the Cardholders
Spouse.
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 benefits will be paid for losses incurred after coverage has ended,
unless otherwise specified and agreed.
90
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 benefit
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 1-800-859-0694 from Canada
and the United States between 8:00 a.m. and 8:00 p.m. ET,
Monday through Friday. To file a claim online, please visit
cardbenefits.assurant.com. You must maintain original copies of all
documents required.
You will be required to complete a claim form and include copies of
the TD Aeroplan Visa Infinite charge slip or transaction confirmation,
Account statement, a written statement from the Hotel/Motel
confirming 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 file number, and contact name on
the file.
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 benefits described in this Certificate of
Insurance.
A. SUBROGATION
As a condition to the payment of any claim to a Cardholder, the
Cardholder 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 Cardholder and/or any Insured Person shall give the Insurer all such
91
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 Cardholder and/or Insured
Person.
B. TERMINATION OF INSURANCE
All coverage under this Certificate of Insurance terminates on the
earlier of:
a) the date the Account is cancelled or closed; and
b) the date the Policy terminates.
No benefits will be paid for any loss incurred after coverage under this
Certificate of Insurance has terminated, unless otherwise specified 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.
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
Benefits 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 benefit 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 1-800-859-0694. 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
92
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 information 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 1-888-778-8023 or from their website:
www.assurantsolutions.ca/privacy. If You have any questions or
concerns regarding the privacy policy or Your options for refusing or
withdrawing this consent, You may call the Insurer at the number
listed above.
* Trademark of Visa Int., used under license.
Official 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.
93
94
533810(1120)
50320743