TD First Class Travel®
Visa Infinite*
Cardholder
Agreement and
Benefit Coverages
Guide
The
TD First Class Travel
Visa Infinite
Cardholder Agreement
and Benefit Coverages Guide
This document contains important
and useful information about your
TD First Class Travel Visa Infinite 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 First Class Travel
®
Visa Infinite* Cardholder Agreement
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1
Using the Account 2
Unauthorized Transactions 3
Credit Limit and Overlimit 4
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 7
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 10
Pre-Authorized Payments 11
Cancelling Additional Cardholder Cards 11
Changes to this Agreement and the Account 11
Transfer of Rights 12
Ending this Agreement.......................................................
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12
Liability 12
Headings 12
Enforceability 12
What Law Applies 12
Language (For Quebec Only) 12
Privacy Agreement 12
If You Have a Problem or Concern 17
Travel Rewards Program Terms and Conditions 17
Travel Medical Insurance 25
Trip Cancellation/Trip Interruption Insurance Certificate 39
Common Carrier Travel Accident Insurance Certificate 54
Delayed and Lost Baggage Insurance Certificate 60
Emergency Travel Assistance Services 65
Auto Rental Collision/Loss Damage Insurance Certificate 66
Purchase Security and Extended Warranty Protection 74
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.
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Cash-Like Transactions include casino gaming chips, money orders, wire
transfers, travellers cheques and gaming transactions (including betting,
off-track betting and race track wagers).
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 Cheque. If you accept a promotional
offer on a TD Visa Cheque, this Agreement will continue to apply to that
TD Visa Cheque and any additional terms we set out in the promotional
offer will also apply to that TD Visa Cheque.
Transaction means any use of a Card or the Account to purchase goods
or services or make any other charges to the Account including a Purchase
or Cash Advance.
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.
2
When you pay for goods and services using your Card number without
using your Card or entering your PIN (for example by mail, telephone,
Internet, mobile or any other electronic method), we will treat that use
the same as if you had shown your Card.
You may not use the Card before the valid from date or after the expiry
date shown on the Card. However, if any amounts are charged to the
Account before the valid from date or after the expiry date, 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.
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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.
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
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at least 21 days to make your payment.
Interest-Free Grace Period on New Purchases and Fees
We will not charge interest on new Purchases and fees that appear for the
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.
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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.
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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 Cardholder’s
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.
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;
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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;
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.
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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.
a) For access to or use of the Account through EasyLine
®
telephone
banking, EasyWeb
®
Internet 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.
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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
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:
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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.
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.
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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.
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”).
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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
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.
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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.
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
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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 LendersFor 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.
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.
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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
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.
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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.
31. 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 ** [email protected], or visit us at
any branch. For a more detailed overview of our complaint process visit us
at www.td.com.
Financial Consumer Agency of Canada – If you have a complaint
regarding a potential violation of a consumer protection law, a public
commitment, or an industry code of conduct, you can contact the Financial
Consumer Agency of Canada (FCAC) in writing at 6th Floor, Enterprise
Building, 427 Laurier Ave. West, Ottawa, Ontario K1R 1B9. 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.
TRAVEL REWARDS PROGRAM
TERMS AND CONDITIONS
In this section, the words “we”, “us” and “our” mean: (1) the Bank;
and (2) the Expedia For TD online and phone channels
(“Expedia For TD”) that are operated by Expedia, Inc. (“Expedia”).
Program” means the TD Travel Rewards Program associated with the
Account and includes all Program privileges and travel reward benefits,
including TD Points. “Travel Purchases” means all Purchases of travel
and related services (including bookings) under the Program charged to the
Account. All Travel Purchases made through Expedia For TD are provided by
Expedia or its agents or suppliers. All Travel Purchases made under the
Program, but not using Expedia For TD, are provided by third party
agencies, suppliers or other travel providers, including any online sites or
phone channels operated by Expedia (except for Expedia For TD) and any
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other online travel agencies, suppliers or providers (the “Other Travel
Providers”). Applicable terms of the TD First Class Travel Visa Infinite
Cardholder Agreement apply to the Program, as do the following additional
terms and conditions, which together are referred to as this Agreement.
TD Points
TD Points are earned for Purchases charged to the Account as follows:
1) Three (3) TD Points are earned for each one (1) dollar in
Purchases;
2) Nine (9) TD Points are earned for each one (1) dollar in Travel
Purchases made online through Expedia For TD; and
3) Six (6) TD Points are earned for each one (1) dollar in Travel
Purchases made by phone through Expedia For TD.
All fees, Cash Advances (including Balance Transfers and TD Visa Cheques),
interest charges, optional services, refunds, rebates or other similar credits
do not earn TD Points unless there is a special promotion. Credits for
refunds, returned items, rebates and other similar credits will reduce or
cancel the TD Points earned by the full or partial amount originally charged
to the Account.
When you redeem TD Points towards a Travel Purchase charged to your
Account: 1) The dollar value of the redeemed TD Points is applied as a
credit to the original amount of the Travel Purchase charged to your
Account, leaving you with a net Travel Purchase amount, if any, that is
charged to your Account (the “Net Amount”); and 2) You will earn
TD Points only on the Net Amount. For more details, refer below to
TD Points Redemption”.
We will provide you with the TD Points balance (the “TD Points Balance”)
within the monthly statement for the Account. You must promptly and
carefully examine the TD Points Balance and tell us in writing of any errors
in the TD Points Balance. In the event of an error, our only responsibility is
to correct the error. If you do not tell us about an error within thirty (30)
days of the statement date of the monthly statement for the Account, the
TD Points Balance will be considered correct and you may not afterwards
make any claim against the Bank relating to your TD Points Balance.
However, we can adjust the TD Points Balance on the Account at any time.
TD Points from the Account cannot be combined or pooled with TD Points
from another TD Credit Card Account unless you are the Primary Cardholder
on each TD Credit Card Account.
TD Points cannot be transferred upon the death of the Primary Cardholder,
except to an Additional Cardholder who applies, qualifies and becomes a
Primary Cardholder.
We may let you redeem TD Points towards items other than Travel
Purchases such as merchandise and gift cards. If we do, you will agree to
the additional terms and conditions that will apply to that redemption
option in addition to these TD Travel Rewards Program Terms and Conditions.
TD Points have no cash value and cannot be redeemed for cash or credit
except as we may permit.
TD Points are void if sold, bartered or assigned. TD Points cannot be divided
or transferred in the event of separation or divorce.
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TD Points Expiry
TD Points will not expire as long as the Account remains open and in good
standing, and this Agreement has not ended. In the event that we end the
Agreement for any reason, all TD Points will expire immediately. If the
Account is in good standing and the Primary Cardholder ends this
Agreement and/or transfers to another TD Credit Card Account, any
accumulated TD Points from the Account can only be transferred to another
TD Credit Card Account that earns TD Points provided that the Primary
Cardholder is the Primary Cardholder of that other TD Credit Card Account.
Otherwise, TD Points from the Account must be redeemed within ninety
(90) days of the date of the transfer to another TD Credit Card Account or
when this Agreement ends. We can delay the expiry of TD Points and that
delay will not set a precedent for any future TD Points expiry.
Making Travel Purchases
1) Through Expedia For TD
The Cardholder can make Travel Purchases through Expedia For TD by:
1) Redeeming TD Points to cover the full cost of the Travel Purchase;
2) Combining the redemption of TD Points and a charge to the Account to
cover the full cost of the Travel Purchase; or 3) Charging the full cost of the
Travel Purchase to the Account.
Travel Purchases can only be made through Expedia For TD by using
TD Points alone, by using the Account alone or by a combination of
TD Points and the Account.
2) Through Other Travel Providers
A Cardholder may also make a Travel Purchase through Other Travel
Providers by charging the full cost (or any portion) of the Travel Purchase
to the Account. To redeem TD Points towards any amount of a Travel
Purchase made at Other Travel Providers, refer below to “TD Points
Redemption”.
Who Can Make Travel Purchases
All Cardholders are entitled to make Travel Purchases under the Program,
using their Card at Expedia For TD or at Other Travel Providers, whether or
not TD Points are or will be redeemed for that Travel Purchase.
Travel Arrangements
1) Through Expedia For TD
Every effort will be made to ensure that all your travel requirements are
met. However, your travel is based on travel supplier-available space and
seating and is subject to terms and conditions of the travel supplier, such as
pre-payment requirements. Travel space and prices are not confirmed until
Expedia For TD confirms the reservation with the travel supplier. It is the
Cardholder’s responsibility to instruct Expedia For TD to confirm the
reservation with the travel supplier. A reservation, which merely holds your
space, does not guarantee the price.
Once your travel arrangement has been confirmed, the treatment of any
routing changes, changes to travel dates, cancellations, “no-shows”,
additional charges such as any taxes and any other changes will be solely
19
at the discretion of the travel supplier or other third party and are not our
responsibility. Travel supplier policies may vary from time to time and may
differ among travel suppliers. It is the Cardholder’s responsibility to know
the relevant policies, terms and conditions of the travel supplier.
Expedia For TD will make every reasonable effort to provide travel
information upon your request. However, we accept no responsibility
or liability in the event that failure to provide you with information results
in travel arrangements that have a higher cost or differ in any way from
arrangements that may be available through other travel suppliers.
2) Through Other Travel Providers
You are responsible for confirming the details and terms and conditions of
Travel Purchases made through Other Travel Providers, including all travel
supplier restrictions and reservations that apply to those Travel Purchases,
even if you redeem TD Points under the Program towards those Travel
Purchases.
Travel Documents
1) From Expedia For TD
All correspondence and travel documents provided by Expedia For TD will
be sent to the Primary Cardholder’s address appearing in our records at
Expedia For TD or by following the instructions we receive from the Primary
Cardholder. However, Expedia For TD does not offer facilities to pick up
travel documents in person.
We are not responsible for any failure to receive correspondence and travel
documents if we send them to the address or other contact information for
the Account, appearing in our records at Expedia For TD, or by following the
instructions we receive from the Primary Cardholder.
You and your travel companions are responsible to ensure that you have
in your possession, on departure and as otherwise required, all necessary
travel documents as required by law. If you do not have the necessary
travel documents, you may be denied boarding by the travel supplier. We
are not responsible if you do not have the necessary travel documents and
you will not be entitled to any compensation from us. It is your
responsibility to check with the airlines and other travel suppliers for all
estimated departure times, arrival times, and check-in times.
Some travel suppliers will not board passengers unless the passengers have
checked in within an appropriate amount of time prior to departure. The
appropriate amount of time is determined by the airline or other travel
supplier in advance of departure.
2) From Other Travel Providers
You are responsible for confirming the details and terms and conditions of
Travel Purchases made through Other Travel Providers, including all travel
documents and correspondence required and arrangements for obtaining
them from the Other Travel Providers, even if you redeem TD Points
towards those Travel Purchases.
TD Points Redemption
TD Points can be immediately redeemed for Travel Purchases made through
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Expedia For TD at the time you make the Travel Purchase, as explained below.
For Travel Purchases made through Other Travel Providers, TD Points must
be redeemed after the Travel Purchase has been made as explained in
“Redeeming TD Points after a Travel Purchase has been
made through Other Travel Providers” section 2 below.
To redeem TD Points, the Account must be open, in good standing, and not
in default under the terms and conditions of this Agreement. TD Points can
only be redeemed by the Primary Cardholder or an Additional Cardholder.
TD Points that have not been recorded in your TD Points Balance cannot be
redeemed. TD Points are not earned on any Purchases that are not posted
to the Account, including any Travel Purchases made through Other Travel
Providers. This means that until the Purchase is posted to the Account and
the TD Points earned on that Purchase have been recorded in your
TD Points Balance, you cannot redeem any TD Points that you may earn
on that Purchase.
You can redeem TD Points under the Program for any amount of a Travel
Purchase as follows: 1) You can redeem the required number of TD Points
to cover the full amount of the Travel Purchase. If the dollar value of the
TD Points redeemed exceeds the full amount of any Travel Purchase, your
Account will not be credited for more than the full amount of the Travel
Purchase; or 2) You can redeem the required number of TD Points for any
portion of the Travel Purchase. Your Account will be credited with an
amount equal to the dollar value of the TD Points redeemed.
The Net Amount of any Travel Purchase will remain on the Account and the
Primary Cardholder is responsible for payment of the Net Amount.
Whether a Travel Purchase is made through Expedia For TD, or through
Other Travel Providers, if any TD Points are redeemed towards that Travel
Purchase, TD will provide a credit for those redeemed TD Points in an
amount equal to the dollar value of those TD Points.
1) Redeeming TD Points for Travel Purchases made through
Expedia For TD
Every 10,000 TD Points redeemed are worth $50 in travel savings off the
cost of Travel Purchases made through Expedia For TD. Redemptions can
only be made in 10,000 TD Point increments. We can decrease the
required minimum TD Point redemption increment at any time.
When you make a Travel Purchase through Expedia For TD, you can only
redeem those TD Points that are recorded in your TD Points Balance at the
time you are making that Travel Purchase, even if the Travel Purchase
requires only a deposit at that time. As a reminder, when you redeem
TD Points towards a Travel Purchase that you are making through Expedia
For TD, any credit that is applied to your Travel Purchase for the TD Points
you are redeeming will reduce or cancel the TD Points to be earned for that
Travel Purchase. When you redeem TD Points towards only a portion of
your Travel Purchase: 1) The dollar value of the TD Points you have
redeemed will be applied as a credit to the full amount of that Travel
Purchase charged to your Account and only the Net Amount of that Travel
Purchase will be charged to your Account; and 2) You will only earn
TD Points on the Net Amount of that Travel Purchase.
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2) Redeeming TD Points after a Travel Purchase has been
made through Other Travel Providers
For each Travel Purchase made through an Other Travel Provider, a
Cardholder can redeem TD Points towards the amount of that Travel
Purchase as follows:
1. For the first $1,200 of that Travel Purchase (equal to 300,000 TD Points):
Every 250 TD Points redeemed equals $1 in travel savings for that
Travel Purchase amount.
2. For each $1 over the first $1,200 of that Travel Purchase:
Every 200 TD Points redeemed are worth $1 in travel savings for
that Travel Purchase amount that is over the first $1,200.
This means that when you redeem TD Points towards a Travel Purchase
made at an Other Travel Provider:
250 TD Points = $1 in travel savings for up to the first
300,000 TD Points you redeem for that Travel Purchase; and
200 TD Points = $1 in travel savings for any TD Points over the
first 300,000 TD Points that you redeem for that Travel Purchase.
Redemptions can only be made in 250 or 200 TD Point increments, as
applicable.
For example:
A. Travel Purchase of $1,200 and Under
Cost of Travel Purchase at
Other Travel Provider:
$1,175
TD Points redeemed to cover
cost in full:
293,750 TD Points
Calculation:
($1,175 x 250 TD Points =
293,750 TD Points)
B. Travel Purchases of $1,201 or More
Cost of Travel Purchase at
Other Travel Provider:
$2,275
TD Points redeemed to cover
cost in full:
515,000 TD Points
Calculation:
($1,200 x 250 TD Points =
300,000 TD Points)
+
($1,075 x 200 TD Points =
215,000 TD Points)
In summary:
Every 250 TD Points (up to the first 300,000 TD Points redeemed
for a Travel Purchase of $1,200 or under) are worth $1 in travel
savings for that Travel Purchase.
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After the first 300,000 TD Points are redeemed for a Travel
Purchase of more than $1,200, every
200 TD Points are worth $1 in travel savings for the amount of
that Travel Purchase that is over $1,200.
For Travel Purchases made through Other Travel Providers, TD Points must
be redeemed within ninety (90) days after the Travel Purchase has been
posted to the Account. You cannot redeem TD Points through Other Travel
Providers. To determine when a Travel Purchase has been posted to your
Account, you can view your transactional history for the Account online
through our EasyWeb
®
Internet banking or allow the Travel Purchase to
appear on your next monthly statement after the transaction date of that
Travel Purchase. As a reminder, when you redeem TD Points towards a
Travel Purchase that you made through Other Travel Providers, any credit
for the TD Points to be redeemed and applied to your Account for your
original Travel Purchase amount will reduce or cancel the TD Points that
were earned for that Travel Purchase. This means that when you redeem
TD Points towards only a portion of your original Travel Purchase: 1) The
dollar value of the TD Points you have redeemed will be applied as a credit
to your Account to reduce the full amount of your original Travel Purchase;
and 2) You will only earn TD Points on the Net Amount of your original
Travel Purchase.
Other Rewards Programs
Although Travel Purchases made through Expedia For TD or through Other
Travel Providers may earn frequent flyer miles, points or other benefits
from other travel rewards programs (“Other Benefits”), you cannot
redeem Other Benefits under the Program. We will not book all or any
portion of your Travel Purchase for which you are using Other Benefits. If
you are using Other Benefits (in whole or in part) for your Travel Purchase,
you must make such Travel Purchase directly with the originating issuer of
your Other Benefits. We are not responsible for the issue or redemption of
Other Benefits.
Taxes
The payment of all applicable taxes related to travel reward benefits under
the Program, including Travel Purchases made through Expedia For TD or
through Other Travel Providers, is your sole responsibility. Some of the
applicable taxes may be charged to the Account and/or paid by redeeming
TD Points at the time you make the Travel Purchase through Expedia For
TD, while other taxes may be otherwise collected from the Cardholder such
as upon arrival at, or departure from, the Cardholder’s destination.
The credit provided by the Bank for the amount of any TD Points redeemed
by the Cardholder towards a Travel Purchase or towards taxes payable on
that Travel Purchase, whether purchased through Expedia For TD or through
Other Travel Suppliers, will not result in the Bank being responsible for the
payment of any applicable taxes relating to Travel Purchases made through
Expedia For TD or through any Other Travel Provider.
The amount of any taxes or other charges associated with your Travel
Purchase that are imposed by travel suppliers or other third parties
(including any Other Travel Provider) is your sole responsibility and may
change at any time without notice, even after the date that the Travel
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Purchase arrangements have been confirmed. Any personal income tax
liability that may arise from the receipt or redemption of TD Points is your
sole responsibility.
Liability for Travel Suppliers
We accept no responsibility or liability for the failure of any travel supplier,
including any OtherTravel Provider, to perform travel arrangements for any
reason or for any other actions, errors or omissions by a travel supplier or
Other Travel Provider. We will not, under any circumstances, assume any
liability for any loss or damage caused by goods or services supplied or
requested in connection with the Program. We accept no responsibility or
liability if travel arrangements are voluntarily or involuntarily rerouted,
downgraded or upgraded from your original paid itinerary and class of
service by a travel supplier or Other Travel Provider or for any other
changes or substitutions that a travel supplier or Other Travel Provider may
make. It is the Primary Cardholder’s responsibility to know the relevant
policies, terms and conditions of the travel supplier, including those of any
Other Travel Provider.
Changes and Termination
We reserve the right to change any of the rules, regulations, terms,
conditions, restrictions, benefits, procedures and suppliers of services in
respect of the Program and the Account, in whole or in part, with or
without prior notice. 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 are not responsible for market changes beyond our control.
We may terminate the Program at any time. If the Program is terminated,
TD Points may only be redeemed within ninety (90) days from the date of
our notice of Program termination. We reserve the right to cancel or make
changes to the Account, TD Points, or travel reward benefits related to the
Program, with or without notice, for any reason, including if you abuse the
Program privileges, do not comply with this Agreement, misrepresent any
information provided to us or if you conduct yourself in a manner
detrimental to us or the interests of the Program.
Interpretation and Limitation of Liability
We will be the final authority on the interpretation of all rules, regulations,
procedures, terms, conditions, restrictions and benefits of the Program as
outlined in this Agreement.
We are not responsible or liable for any loss suffered by Cardholders or
third parties relating to the Program, TD Points, any travel suppliers,
including Other Travel Providers, travel reward benefits, terms and
conditions of the Program or as a result of changes to, or termination of,
the Program, Card(s) or the Account.
We will not be liable for any damages relating to the Program, TD Points,
any travel suppliers, including Other Travel Providers, or travel reward
benefits. As well, the Bank accepts no liability or responsibility for any
Travel Purchases made under the Program through Expedia For TD.
Any Cardholder may be subject to claims and may lose Program privileges
if they do not comply with this Agreement.
24
Every effort has been made to ensure that the information in materials
provided to Cardholders from time to time, including by Expedia For TD, is
accurate. However, we will not be liable for any information provided to
you that contains mistakes or is incomplete, or for any loss to, or damages
suffered by, Cardholders arising from such missing or incomplete
information. We do not review any materials or information that are/is
provided to you by or through any travel suppliers, including Other Travel
Providers, and we are not liable for any errors or omissions that may be
contained in that information or materials.
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.
Insured by:
TD Life Insurance Company
320 Front Street West, 3rd Floor
Toronto, ON M5V 3B6
Certificate of Insurance
This Certificate applies to the TD First Class Travel Visa Infinite Account.
TD Life Insurance Company (“TD Life”) provides the insurance for this
Certificate under Group Policy No. TGV002 (the “Group Policy”).
Our Administrator administers the insurance on behalf of TD Life, and
provides medical and claims assistance, claims payment and administrative
services under the Group Policy.
This Certificate contains important information. Please read it carefully and
take it with You on Your trip.
Important Note:
What to do in an emergency: All medical emergencies must be
reported to Our Administrator immediately. If You, or if applicable, an
Insured Person, do not contact Our Administrator promptly, benefits
may be limited or excluded. Please see section 8 for details.
Pre-Existing Conditions: A Pre-Existing Condition exclusion applies
to Emergency Medical Benefits for all Insured Persons. Please see
Limitations and Exclusions under sections 6 and 7 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.
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.
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Benefit Maximum Benefit Payable
Medical Emergency Insurance $1,000,000 per Insured Person
per Covered Trip.
SECTION 1 – SUMMARY OF BENEFITS
Note: 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.
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 Cardholder’s TD First Class Travel Visa Infinite
Card account that the Bank maintains.
Additional Cardholder means a person to whom a TD First Class Travel
Visa Infinite 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 Person’s 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 Person’s usual place of employment.
26
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 Person’s trip exceeds the Maximum Number
of Covered Days, the Insured Person may want to purchase separate
insurance under a different TD Life Group Policy for the number of days
that the trip will exceed the Maximum Number of Covered Days.
Different terms and conditions will apply and, depending on the Insured
Person’s age and the length of their trip, the Insured Person may be
required to provide information about their health. Call TD Life prior to
Your departure date at 1-800-293-4941 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.
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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.
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 First Class Travel Visa Infinite Card, whose name is on the Account and
to whom a TD First Class Travel Visa Infinite Card has been issued. A
Primary Cardholder does not include an Additional Cardholder.
Spouse means:
the Insured Person’s 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;
28
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.
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 Cardholder’s 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 Cardholder’s Dependent Child is eligible to be insured under
this Certificate whether or not the Primary Cardholder or the Primary
Cardholder’s 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.
29
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.
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 the Primary 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 Person’s age and the length of their trip, the Insured Person
may be required to provide information about their health. Call
TD Life prior to Your departure date at 1-800-293-4941 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.
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SECTION 5 – THE COVERAGE PERIOD
The Coverage Period begins when the eligible Insured Person departs on
a Covered Trip.
Note: The Insured Person’s trip may be longer than the Maximum
Number of Covered Days (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 Person’s 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 (the
“Termination Date”), then the Coverage Period:
for that Insured Person; and
for any other Insured Person if
Our Administrator has approved a Travelling Companion 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:
31
prescribed by the treating Physician; and
approved in advance by Our Administrator if the tests
involve:
magnetic resonance imaging (MRI);
computerized axial tomography (CAT) scans;
sonograms;
ultrasounds; or
any invasive diagnostic procedures including angioplasty;
Ambulance:
charges for emergency ambulance service to the nearest
approved Hospital;
Air Ambulance:
charges for emergency air ambulance only if:
Our Administrator determines that the Insured Person’s
physical condition precludes the use of any other means of
transportation;
Our Administrator makes the determination before the
service is provided;
Our Administrator pre-approves this service; and
Our Administrator arranges this service;
Prescriptions:
reimbursement of prescription drugs that are required as part of
emergency Treatment;
Exclusion: vitamins and patent, proprietary and experimental
drugs are excluded;
Accidental Dental:
up to $2,000 for dental Treatment that is:
required during a Coverage Period; and
necessitated by a blow to natural or permanently installed
teeth which occurs during a Coverage Period;
Limitation: Treatment for emergency relief of dental pain is
covered up to a maximum of $200;
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;
32
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
Companion’s 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 Person’s
vehicle to his or her home or, if applicable, the nearest
appropriate vehicle rental agency if:
the Insured Person is unable to return the vehicle due to
a covered Medical Emergency; and
Our Administrator arranges for the return of the vehicle;
Return of Deceased
up to $5,000 toward the cost of preparation and transportation
home of a deceased Insured Person if death results from a
covered Medical Emergency;
Exclusion: the cost of a burial casket or urn is not covered
under this 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
Person’s baggage up to an overall maximum of $500 per
Covered Trip.
33
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 Person’s Medical Emergency occurs after the first 21 days
following annInsured Person’s 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 Person’s Medical Emergency occurs after
the first 4 days following an Insured Person’s 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 Person’s treating Physician,
reserve the right to transfer an Insured Person to an appropriate
medical facility or to his or her province or territory of residence for
further Treatment.
Failure to comply with a transfer request will absolve Us of any
liability to provide benefits for expenses incurred after the scheduled
transfer date.
6. Recurrence
A Medical Emergency is considered to have ended when medical
evidence indicates that the Insured Person is able to return to his or
34
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;
e. Alcohol or drug abuse
abuse of medication or alcohol or use of illicit drugs;
f. Crime
participation in a criminal offence;
35
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 Person’s 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.
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 Person’s Medical
Emergency from the initial report through its conclusion.
36
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 Person’s 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.
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.
37
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 First Class Travel Visa Infinite – 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;
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.
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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.
TRIP CANCELLATION / TRIP INTERRUPTION
INSURANCE
Insured by:
TD Life Insurance Company and
TD Home and Auto Insurance Company
320 Front Street West, 3rd Floor
Toronto, ON M5V 3B6
Certificate of Insurance
This Certificate applies to the TD First Class Travel Visa Infinite Account.
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Effective March 17, 2008, 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.
Effective September 1, 2010, 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.
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 Person’s Covered Trip exceeds the
amounts listed above, You may wish to speak to your travel agent
or other travel supplier for excess coverage.
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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 Cardholder’s TD First Class Travel Visa Infinite
Card account that the Bank maintains.
Additional Cardholder means a person to whom a TD First Class Travel
Visa Infinite 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.
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:
the date the Insured Person no longer meets the eligibility
requirements set out in section 3;
the date coverage terminates as described in section 4;
that was booked or reserved prior to departure from the Insured
Person’s province or territory of residence; and
for which the full cost has been charged:
to Your Account and/or
using Your TD 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.
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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 Person’s Spouse,
parents, step parent, grandparents, natural or adopted children, step
children or legal ward, step sisters, step brothers, grandchildren, brothers,
brothers-in-law, sisters, sisters-in-law, aunts, uncles, nieces or nephews,
sons-in-law or daughters-in-law, and the Insured Person’s Spouse’s parents,
grandparents, brothers, brothers-in-law, sisters, sisters-in-law and children.
Insured Person means a person who is eligible to be insured under this
Certificate as described in section 3.
Medical Condition means an irregularity in the health of an Insured
Person which required or requires medical advice, consultation,
investigation, Treatment, care, service or diagnosis by a Physician.
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.
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Primary Cardholder means a person who applied for a TD First Class
Travel Visa Infinite Card, whose name is on the Account and to whom a
TD First Class Travel Visa Infinite Card has been issued. A Primary Cardholder
does not include an Additional Cardholder.
Spouse means:
the Insured Person’s legal husband or wife; and
the person who the Insured Person has lived with for at least one
year and publicly represented as his or her domestic partner.
Stable means any Medical Condition or related condition (whether or not
the diagnosis has been determined) for which there have been:
no new or change in medication or dosage;
no new or change in Treatment;
no new or increase in frequency or severity of symptoms;
no referral or recommendation to see a specialty clinic or specialist;
no pending test results or testing; or
no pending surgery or other Treatment.
TD Points means the rewards units earned for goods and services
charged to the Account through the TD Travel Rewards Program associated
with the Account.
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.
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 Cardholder’s 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:
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is a resident of Canada; and
continues to meet the definition of Spouse of the Primary
Cardholder.
The Primary Cardholder’s Dependent Child is eligible to be insured under
this Certificate whether or not the Primary Cardholder or the Primary
Cardholder’s 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 Cardholder’s 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 Cardholder’s 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;
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 the full cost of the Covered Trip has been
44
charged to Your Account using a TD First Class Travel Visa Infinite Card
and/or Your TD 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 the full cost of the Covered Trip has been charged to
Your Account using a TD First Class Travel Visa Infinite Card and/or
Your TD 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.
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 Person’s unused travel arrangements
which were:
Paid in advance and the full cost was charged to Your
Account and/or using Your TD Points;
Forfeited as a result of a Covered Cause for Cancellation;
and
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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
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
Person’s host at the destination.
Non-Medical Covered Causes for Cancellation mean:
an enforceable call of an Insured Person or Travelling Companion to
jury duty or sudden and unexpected subpoena of an Insured Person
or Travelling Companion to act as a witness in a court of law
requiring the Insured Person’s or Travelling Companion’s presence
46
in court during the Covered Trip;
a written formal notice issued by the Department of Foreign Affairs
and International Trade of the Canadian government after the
Insured Person’s Covered Trip is booked, advising Canadians not to
travel to a country, region or city originally ticketed for the Covered
Trip for a period that includes an Insured Person’s Covered Trip;
an employment transfer of the Insured Person by the employer with
whom the Insured Person was employed on the date the Insured
Person booked his or her Covered Trip, which transfer requires the
relocation of the Insured Person’s principal residence within 30 days
before the Insured Person’s scheduled Covered Trip departure date;
a delay causing an Insured Person to miss a connection for a
Common Carrier or resulting in the interruption of an Insured
Person’s travel arrangements, and is limited to the following:
delay of an Insured Person’s Common Carrier resulting from
the mechanical failure of that carrier;
a 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 Person’s next
destination;
a natural disaster that renders an Insured Person’s principal
residence uninhabitable;
an Insured Person is quarantined in a situation where no Medical
Covered Cause for Cancellation applies;
an Insured Person is hijacked; and
an enforceable call to service of an Insured Person or Travelling
Companion who is a military, police or 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 Person’s travel plans immediately.
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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 Person’s
date of return;
if the Insured Person is delayed in reaching the next destination of
his or her Covered Trip as a result of a Covered Cause for Interruption,
payment of reasonable additional transportation costs that are:
required for the Insured Person to rejoin a tour group by the
most direct route; and
approved in advance by the Administrator; and
the portion of any unused land arrangements which were:
part of the Insured Person’s Covered Trip;
paid prior to the Insured Person’s date of departure; and
non-refundable on the date the Covered Cause of Interruption
occurred.
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:
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it requires immediate medical attention; and
either:
it prevents the Insured Person from continuing with the
Covered Trip; or
the Insured Person will be delayed in reaching the next
destination of his or her Covered Trip;
death of an Immediate Family Member of the Insured Person;
sudden and unexpected sickness or accidental injury of an Immediate
Family Member which requires an overnight stay in a Hospital.
Non-Medical Covered Causes for Interruption mean:
a written formal notice issued during the Covered Trip by the
Department of Foreign Affairs and International Trade of the
Canadian government, advising Canadians not to travel to a
country, region or city originally ticketed for the Covered Trip for a
period that includes an Insured Person’s Covered Trip;
a delay causing an Insured Person to miss a connection for a
Common Carrier or resulting in the interruption of an Insured
Person’s travel arrangements, and is limited to the following:
a delay of an Insured Person’s Common Carrier, resulting from
the mechanical failure of that carrier;
a 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 Person’s one-way economy fare via
the most cost-effective route to the Insured Person’s next
destination;
a natural disaster that renders an Insured Person’s principal
residence uninhabitable;
an Insured Person’s quarantine or hijacking; and
an enforceable call to service of an Insured Person who is a military,
police or 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.
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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;
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;
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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
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 it’s important to cancel the Insured Person’s plans
immediately but no later than within one day.
After the Insured Person has cancelled his or her travel arrangements with
the travel supplier, the Insured Person will need to follow the instructions
under Section 10 – How To Make A Claim.
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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 they’re 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 the costs of Eligible Expenses were charged in full to
Your Account and/or using Your TD 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.
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
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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
Certicate, cannot be more than the actual expenses for a claim. If an
Insured Person is also insured under any other insurance Certicate or
policy, We will coordinate payment of benefits with the other insurer.
Legal Action Limitation Period
Every action or proceeding against the insurer for the recovery of insurance
money payable under the contract is absolutely barred unless commenced
within the time set out in the Insurance Act (for actions or proceedings
governed by the laws of Alberta or British Columbia), The 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.
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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
Provided by:
TD Life Insurance Company
320 Front Street West, 3
rd
Floor
Toronto, ON M5V 3B6
The coverage Certificate below applies to the TD First Class Travel Visa
Infinite Card which will be referred to as a “TD Credit Card Account”
throughout the Certificate:
Coverage Certificate
TD Life Insurance Company (TD Life”) provides the insurance for this
Certicate under Master Policy #TGV009 (the “Policy”) issued to
The Toronto-Dominion Bank. This Insurance is administered by Allianz
Global Assistance through the Operations Centre (Allianz”). 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.
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 sent, 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.
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
54
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 by
TD Points earned on your TD Travel Rewards Program. If your TD 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.
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 Person’s 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.)
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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 Person’s arrival at the airport, terminal or station, coverage
begins at the time the entire Common Carrier passage fare is charged to
the Insured Person’s Account.
Coverage includes circumstances arising from and occurring on a Covered
Trip while the Insured Person is riding as a passenger in, entering or exiting
any Common Carrier, while travelling directly to or from the airport,
terminal, or station;
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 by TD Points earned under your TD Points program.
If your TD Points have only partially paid for the cost of your Rental Car,
the balance of that cost must be fully charged to your TD Credit Card; 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.
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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
Accidental Loss of Benefit Amount
Life $500,000
Speech and Hearing $500,000
Both Hands or Both Feet or Sight of
Both Eyes or a Combination of a Hand,
a Foot or Sight of One Eye $500,000
One Arm or One Leg $375,000
One Hand or One Foot or Sight of One Eye $333,350
Speech or Hearing $333,350
Thumb and Index Finger of the same Hand $166,650
Paralysis
Quadriplegia (complete paralysis
of both upper and lower limbs) $500,000
Paraplegia (complete paralysis of both lower limbs) $500,000
Hemiplegia (complete paralysis of upper and
lower limbs of one side 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
57
(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.
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 Person’s 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 Person’s body is located for the
purpose of identifying the Insured Person’s body. Such transportation
must be via Common Carrier on the most direct route available.
The maximum Family Transportation 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 kilometers from the
Insured Person’s permanent city of residence, TD Life will pay for the cost
of preparation and transportation of Insured Person’s body to such place of
residence. The maximum Repatriation Benefit payable is $10,000 per loss
of life.
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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 Global
Assistance. 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 Global Assistance. 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.
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.
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Written Proof of Loss must be given to Allianz Global Assistance within
ninety (90) days after the date of Loss, or as soon as reasonably possible.
At the time of a claim, Allianz Global Assistance is available to assist you or
your representative in obtaining and completing the necessary claim forms.
Call 1-855-987-2895.
Section 9 – Individual Termination of Insurance
The insurance coverage of any Insured Person shall terminate on the
earliest of the following:
a) the date the Policy is terminated
b) the expiration of the Policy term for which premium has been paid
c) the date the Account Holder’s Account is cancelled or his or her
Account privileges are terminated.
Section 10 – General Conditions
LEGAL ACTION LIMITATION PERIOD: Every action or proceeding against the
insurer for the recovery of insurance money payable under the contract is
absolutely barred unless commenced within the time set out in the
Insurance Act (for actions or proceedings governed by the laws of Alberta
or British Columbia), The Insurance Act (for actions or proceedings
governed by the laws of Manitoba), the Limitations Act, 2002 (for actions
or proceedings governed by the laws of Ontario), the Civil Code of Quebec
(for actions or proceedings governed by the laws of Quebec), or other
applicable legislation.
CONFORMANCE WITH STATUTES: Any terms of this Policy which are in 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 Card Accounts entitle an Insured Person to benefits
in excess of those described herein for any Loss sustained.
DELAYED AND LOST BAGGAGE INSURANCE
Provided by:
TD Home and Auto Insurance Company
320 Front Street West, 3
rd
Floor
Toronto, ON M5V 3B6
The coverage Certificate below applies to the TD First Class Travel 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.
60
Coverage Certificate
The terms of the Delayed and Lost Baggage Group Policy #TDVB112008
(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.
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.
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.
BAGGAGE DELAY means a Covered Person’s Checked Baggage is delayed
by more than six (6) hours from the Covered Person’s time of arrival at the
Final Destination.
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.
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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
paid in full on or after December 1, 2008 (1) by charge to Your Account,
(2) by redemption of TD Points earned under Your TD Travel Rewards
Program 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.
Section 3 – What are the Coverages
A. Delayed Baggage
In the event of Baggage Delay, You will be reimbursed for the cost to
replace Essential Items provided those purchases are made before the
baggage is returned to the Covered Person but in no event more than
ninety-six (96) hours after arriving at the Final Destination.
B. Lost Baggage
In the event the Common Carrier never locates the Covered Person’s
Checked Baggage, You will be reimbursed for the portion of the
replacement cost of lost personal property that is not paid by the Common
Carrier or other insurance.
The total 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 for the Ticket in full. Coverage
will be in force while baggage is in the custody of the Common Carrier.
Section 4 – Termination of Coverage
Coverage terminates on the earliest of the following:
1) When Your Account is closed;
2) When Your Account is ninety (90) or more days past due, but
coverage is automatically reinstated when the Account is returned
to good standing;
3) When the Policy is cancelled except that the Insurer will remain
liable for the claim if the event giving rise to the claim occurred prior
to the effective termination date and the claim is otherwise valid.
Section 5 – Exclusion and Limitations
No coverage is provided for:
Losses occurring when the Checked Baggage is delayed on a Covered
Person’s return home to their province or residence; expenses incurred
more than ninety-six (96) hours after arriving at the Final Destination
62
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 Friday: 1-800-667-8031 or (416) 977-0283
The Covered Person will be asked to provide or, if writing, should provide:
name, address, and telephone number;
Account number used to purchase the Ticket;
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;
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.
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Section 7 – General Conditions
Legal Action Limitation Period
Every action or proceeding against the insurer for the recovery of insurance
money payable under the contract is absolutely barred unless commenced
within the time set out in the Insurance Act (for actions or proceedings
governed by the laws of Alberta or British Columbia), The Insurance Act
(for actions or proceedings governed by the laws of Manitoba), the
Limitations Act, 2002 (for actions or proceedings governed by the laws of
Ontario), the Civil Code of Quebec (for actions or proceedings governed by
the laws of Quebec), or other applicable legislation.
Other Insurance
The coverage provided by the Insurer is issued strictly as excess coverage and
does not apply as contributing insurance; it will reimburse the Account Holder
only to the extent a permitted claim exceeds coverage and payment under
Other Insurance, regardless of whether the Other Insurance contains provisions
purporting to make its coverage non-contributory or excess. The Policy also
provides coverage for the amount of the deductible of Other Insurance.
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 Card Accounts entitle a Covered Person to benefits
in excess of this stated herein for any one loss sustained.
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EMERGENCY TRAVEL ASSISTANCE SERVICES
Provided by our Administrator under a service agreement with
TD Life Insurance Company.
This is not an insurance benefit but assistance services only.
Our Administrator:
Allianz Global Assistance
P.O. Box 277
Waterloo, Ontario
N2J 4A4
The Coverage Certificate below applies to the
TD First Class Travel 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.
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 Administrator’s network of
medical professionals is experienced in working with physicians outside
of Canada to determine the adequacy of care being received and the need
for further assistance.
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
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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 First Class Travel 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).
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
Provided by:
TD Home and Auto Insurance Company
TD Life Insurance Company
320 Front Street West, 3
rd
Floor
Toronto, ON M5V 3B6
The coverage Certificate below applies to the
TD First Class Travel 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.
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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.
Coverage Certificate
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.
Effective September 1, 2010 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”).
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.
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 the account which TD maintains for the TD Credit Card.
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.
INSURED PERSON means (1) You the Cardholder, who presents himself
(herself) in person at the Rental Agency, signs the rental contract, declines
the Rental Agency’s CDW or its equivalent and takes possession of the
rental vehicle and who complies with the terms of this Policy. (2) Any
other person who drives the same rental vehicle with Your permission
whether or not such person has been listed on the rental vehicle contract
or has been 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.
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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
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 Person’s personal
and business use of the rental vehicle.
Your TD Credit Card must be in good standing.
You must initiate and complete the entire rental transaction with
the same TD Credit Card.
The full cost of the rental must be charged to Your TD Credit Card
to activate coverage.
Coverage is limited to one rental vehicle at a time, i.e. if during the
same period there is more than one vehicle rented by the
Cardholder, only the 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 vehicle’s actual cash value plus valid Loss of
Use charges.
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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.
Coverage is available except where prohibited by law.
Claims must be reported within forty-eight (48) hours of the
damage/loss occurring by calling 1-800-880-6497 (when in
Canada or the United States) or, call collect (416) 977-3772.
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;
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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.
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 Agency’s CDW option or similar coverage offered
by the Rental Agency on the rental contract. If there is no space on
the vehicle rental contract for You to indicate that You have
declined the coverage, then indicate in writing on the contract
“I decline CDW provided by this merchant.
Rental vehicles which are part of prepaid travel packages are
also covered if the total package was paid by Your TD Credit Card.
You are covered if You receive a “free rental” as a result of
a promotion where You have had to make previous vehicle
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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 TD Travel Rewards Program (or similar TD Credit Card
program) for the number of days of free rental. 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 points earned under Your TD Travel Rewards
Program are used to pay for the rental. However, if only a
partial payment is paid using the TD Travel Rewards Program,
the entire balance of that rental must be paid using Your
TD Credit Card in order to be covered.
E. Coverage Termination
There is NO Coverage when:
1. The Rental Agency reassumes control of the rental vehicle.
2. This Policy is cancelled.
3. Your rental period is more than forty-eight (48) consecutive days,
or Your rental period is extended for more than forty-eight (48)
consecutive days by renewing or taking out a new rental agreement
with the same or another Rental Agency for the same vehicle or
other vehicles.
4. Your TD Credit Card is cancelled or card privileges are otherwise
terminated.
F. Where Coverage is Available
This coverage is available on a 24-hour basis unless precluded by law
or the coverage is in violation of the terms of the rental contract in the
jurisdiction in which it was formed (other than under Section B, Part 7
(a) (b) or (c) above).
(See the section on “Helpful Hints” for tips on locations where use
of this coverage may be challenged and what to do when a Rental Agency
makes the rental or return of a vehicle 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
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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;
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
1-800-880-6497 if You are in Canada or the United States or
call collect (416) 977-3772. 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 (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.
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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
– 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 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.
Helpful Hints
Before You rent a vehicle, find out if You are required to provide a deposit
if You wish to decline the Rental Agency’s CDW. If possible, select a Rental
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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 1-800-880-6497 if You
are in Canada or the United States or, call collect (416) 977-3772
and provide:
the name of the Rental Agency involved,
• the Rental Agency’s 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.
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 Agency’s Deductible Waiver has been declined on the rental
contract.
You will not be compensated for any payment You may have made
to obtain the Rental Agency’s CDW.
Check the rental vehicle carefully for scratches or dents before and after
You drive the vehicle. Be sure to point out where the scratches or dents
are located to a Rental Agency representative.
If the vehicle has sustained damage of any kind, immediately phone one
of the numbers provided and do not sign a blank sales draft to cover the
damage and Loss of Use charges or, a sales draft with an estimated cost
of repair and Loss of Use charges. The rental agent may make a claim
on Your behalf to recover repair and Loss of Use charges by following the
procedures outlined in the section “In the Event of an Accident/Theft”.
PURCHASE SECURITY AND EXTENDED
WARRANTY PROTECTION
Provided by:
TD Home and Auto Insurance Company
320 Front Street West, 3
rd
Floor
Toronto, ON M5V 3B6
The coverage Certificate below applies to the TD First Class Travel 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.
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Coverage Certificate
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.
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”.
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.
INSURED ITEM means a new item of personal property (a pair or set being
one item) for personal use for which the full 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.
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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.) Manufacturer’s Warranties 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 Manufacturer’s 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, traveller’s cheques, tickets and any
negotiable instruments;
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(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, drones, motorcycles, motor
scooters and other motorized vehicles, parts and accessories
thereof;
(vi) ancillary costs incurred in respect of an Insured Item and not
forming part of the Purchase Price;
(vii) parts and/or labour required as a result of mechanical breakdown;
(viii) used and pre-owned items including antiques and demos;
(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, aircrafts, drones, motorcycles, 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;
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(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 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
Friday: 1-800-667-8031 or (416) 977-0283
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 Manufacturer’s 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;
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a copy of the paid repair invoice;
a copy of the store receipt;
serial number of the Insured Item; and
a copy of the Manufacturer’s Warranty.
In the event that the damaged Insured Item 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.
Section 6 – Termination of Insurance
This coverage terminates on the earliest of the following:
a) When Your Account is closed;
b) When Your Account is ninety (90) or more days past due but
coverage is automatically reinstated when the Account is returned
to good standing; and
c) When the Master Policy is cancelled except that the Insurer will
remain liable for the claim if the event giving rise to the claim
occurred prior to the effective termination date and the claim is
otherwise valid.
Section 7 – General Conditions
OTHER INSURANCE. The Purchase Security coverage is in excess of the
Account Holder’s other applicable valid and collectible insurance or indemnity.
The Insurer will be liable only for the excess of the amount of the loss or
damage over the amount covered under other insurance or indemnity and
for the amount of any applicable deductible, only if all other insurance has
been exhausted and subject to the exclusions, terms and limits of liability
of the Master Policy. This coverage will not apply as contributing insurance
and this “non-contribution” shall control despite any “non-contribution”
provision in other insurance or indemnity policies or contracts.
SUBROGATION. Following the Insurer’s payment of an Account Holder’s
claim or loss or damage the Insurer shall be subrogated to the extent of the
cost of such payment, to all rights and remedies of the Account Holder
against any party in respect of such loss or damage, and shall be entitled
at its own expense to sue in the name of the Account Holder. The Account
Holder shall give the Insurer all such assistance as the Insurer may
reasonably require to secure its rights and remedies, including the
execution of all documents necessary to enable the Insurer to bring suit in
the name of the Account Holder.
BENEFITS ACCOUNT HOLDER ONLY. This protection provided by the
Purchase Security and Extended Warranty Protection Plans shall inure to
the 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
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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
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 Card Accounts entitle an Insured
Person to benefits in excess of those stated herein for any one loss sustained.
All trademarks are the property of their respective owners.
* Trademark of Visa International Service Association and used under
license.
®
The TD logo and other trade-marks are the property of
The Toronto-Dominion Bank.
528190(0720)
50320511