By downloading the mobile application (hereinafter “the Application”) from the LALUX Group (hereinafter “LALUX”) on the “Google Play Store” or “Apple App Store” platforms and by using its services (hereinafter “the Services”), the LALUX customer (hereinafter “the User”) acknowledges having read these general terms and conditions of use (hereinafter “the General Terms and Conditions”) and agrees to their content.

The General Terms and Conditions apply to any connection the User makes to the Application by means of his/her e-mail address and personalised password.  The User has the option of consulting the General Terms and Conditions online by clicking on the “General Terms and Conditions of Use” tab in the "Settings" section.

Access to the Application may be temporarily suspended by LALUX for compelling reasons such as, in particular, risks of fraud or abuse, maintenance and improvement operations on the Application system, or due to technical problems encountered. LALUX alone assesses the reasons justifying an interruption of the Application Services. In the event of suspension, LALUX undertakes to restore the proper functioning of the Application as soon as possible.

LALUX reserves the right to prohibit access to the Application at any time, without prior notice or warning, to the User who contravenes the General Terms and Conditions, the legislation and regulations in force, public order, good morals, uses and customs, as well as the interests of LALUX or its reputation. This prohibition of access does not affect LALUX’s right to claim compensation for direct and indirect damage suffered by the offending User. 

The LALUX Group’s Application includes the following insurance companies:

LA LUXEMBOURGEOISE Société Anonyme d’Assurances
Rue Jean Fischbach, 9
L-3372 Leudelange
R.C.S n° 31 035 

LA LUXEMBOURGEOISE-VIE Société Anonyme d’Assurance,
Rue Jean Fischbach, 9
L-3372 Leudelange
R.C.S. n° 31 036

D.K.V. Luxembourg SA
Rue Jean Fischbach, 11-13
L-3372 Leudelange
R.C.S. n° B 45 762.

LA LUXEMBOURGEOISE Société Anonyme d’Assurances,  LA LUXEMBOURGEOISE-VIE Société Anonyme d’Assurances and D.K.V. Luxembourg SA are insurance companies established in the Grand Duchy of Luxembourg and approved by the Commissariat aux Assurances (CAA). The CAA is the competent authority for the supervision of the insurance sector.  Its contact details are:

Commissariat aux Assurances
7, boulevard Joseph II
L-1840 Luxembourg
(www.caa.lu) 

The three insurance companies of the LA LUXEMBOURGEOISE Group are also members of the Association des Compagnies d'Assurance et de Réassurance (ACA), the contact details of which are:

L’Association des Compagnies d’Assurance et de Réassurances
12, rue Erasme
L-1468 Luxembourg
(www.aca.lu)

The legal and regulatory provisions governing the insurance sector, of which insurance companies are a part, are available in the:

Official Journal of the Grand Duchy of Luxembourg
(www.legilux.lu)

Commissariat aux Assurances
(www.caa.lu/fr/documentations/lois)

The use of the Application Services is free and freely accessible to any User. The Services offered by the Application are described below.

3.1 Access to insurance contracts

The Application allows the User to access all the contractual documents directly related to his/her insurance contracts: General Terms and Conditions, Special Terms and Conditions and notices of deadlines.
All categories of insurance contracts (non-life insurance, life insurance and health insurance) can be consulted within the Application.

3.2 Consulting and obtaining documents

The User may consult various documents relating to his/her insurance cover (certificates, attestations, etc.) and request that they be sent to him/her.

In addition, the User is able to request the sending of documents related to LALUX’s insurance activity (request for general information, request for quotation, etc.), even if these documents do not directly concern his/her insurance cover.

Any document is presumed to have been communicated to the User on the day it is made available by LALUX within the Application. In addition, LALUX reserves the right to communicate documents to the User's correspondence address, in particular when communication via the Application is impossible or when communication to the correspondence address is mandatory by virtue of the applicable law or regulation.

3.3 Request for reimbursement in health insurance

In the context of his/her health insurance, the User has the right to claim, through the Application, on the basis of convincing proof and within the limits of his/her insurance cover, the reimbursement of medical (non-hospital or hospital), dental or paramedical expenses that he/she has paid for.

A simplified procedure set up within the Application enables rapid and effective reimbursement to the User.

3.4 Making contact

Various communication channels (telephone calls, simple E-mail, geolocation) allow the User to contact his/her insurance agent directly.

The User is also able to contact his/her insurance agent directly (telephone call, simple e-mail, geolocation).

3.5 Claim declaration and follow-up

The Application provides the option of directly filing claims for motor (with or without the involvement of a third party) and home insurance contracts.

3.6 Access to personal data

The User may consult his/her personal data and make certain changes himself/herself (e-mail address, telephone and bank account numbers for reimbursements).

3.7 Urgent assistance

An SOS function is available within the Application for urgent requests. It enables the User who has subscribed to Top-Assistance, Home-Assistance, DKV Assistance or DKV Travel cover, to directly contact the emergency services set up for this purpose.

The Application is free of charge and available 24/7, except in the event of temporary stoppage or loss of LALUX customer status by a User.

Access to and use of the Application require the possession of a smartphone:

• IPHONE model (APPLE brand) with at least an IOS 11 operating system, or
• Any other model with at least an ANDROID 5 operating system.

Updates to the Application may be offered to the User in order to improve the Application’s efficiency and/or the quality of the Services.

When first connecting to the Application, the User is required to create an account by entering a valid e-mail address and, optionally, an insurance policy number.  Once this information has been validated, a web link is sent to him/her to the e-mail address he/she has provided. The User is then invited to click on the link, which directs him/her back to the Application.

Once back on the Application home page, the User is invited to enter a valid mobile phone number. Once encoded, the User will receive  a one time password (OTP) by SMS which allows him/her to connect to the Application again with his/her phone number. 

After logging in, the User is required to set a password. The password is confidential and personal.  For any new login, the User will be asked to provide his/her e-mail address and password.

If the User has forgotten or lost his/her password, he/she is invited to click on the “I’ve forgotten my password” tab in order to set a new password. The User will be asked to provide a valid e-mail address. A validation e-mail will be sent to the e-mail address provided. The User will then have to define a new password. Once defined, the User will be able to connect to the Application again using his/her e-mail address and new password.

LALUX reserves the right, in particular for reasons related to security or to maintaining the integrity of the Application or its data, to complete or modify the connection process in any way whatsoever, or even to suspend, refuse or terminate access to the Application with immediate effect without the User being entitled to claim any compensation whatsoever. LALUX may also geographically limit access to the Application from certain countries.

If an anomaly is noted or if difficulties are encountered, the User has the option of contacting LALUX at the following e-mail address: groupeLL@LALUX.lu The User may also call (+352) 4761-6147, accessible from Monday to Friday inclusive, between 8.15 a.m. and 5 p.m.

LALUX takes the utmost care in handling the Application in accordance with the regulations in force. In addition, LALUX makes every reasonable effort to ensure the following for the Application User: secure access, simple and efficient use and high level of reliability of the content (accuracy and completeness).

LALUX may only be held liable in the event of intentional fault on its part or by virtue of a legal or regulatory provision.

In any case, LALUX declines all liability for damages (direct, indirect, material, immaterial or other) caused by a:

• Disruption and/or disruption of telecommunications which has an impact on access to, use of or reliability of the Application.
• Suspension of the Services for compelling reasons, such as risks of fraud or abuse, maintenance and improvement operations on the Application’s system, or due to technical problems encountered.
• Modification of the Application parameters by the User, whatever its nature, without the prior, express and written agreement of LALUX.
• A legal or regulatory obligation in force in the Grand Duchy of Luxembourg and binding on the User.
• Any act or omission attributable to a third party or to the User.
• An event of force majeure such as a disaster caused by fire, storm, earthquake, pandemic (e.g. COVID-19) and more generally by a natural event, but also by a staff strike, war, riot or major political unrest.

Without prejudice to the foregoing, LALUX does not provide any guarantee or warranty for:

• The time of access to the Application, its speed of execution or its response and reaction time.
• The confidentiality of communications made via network devices not validated by LALUX, despite all the measures implemented by LALUX for this purpose.
•  LALUX informs the User that the secrecy of correspondence cannot be guaranteed when using an Internet network.
• The reliability and security of communications carried out via network devices not validated by LALUX, despite all the protection methods implemented by the latter to combat malicious computer programs (viruses, Trojans, spyware, etc.), cannot be guaranteed.

In cases where LALUX is liable, its liability is limited to the amount of EUR 10.000.

All the provisions of this article are applicable as long as they do not contravene the legal and regulatory provisions governing the General Terms and Conditions.

Access to and use of the Application are carried out under the sole and entire responsibility of the User and at his/her own expense.

It is the User’s responsibility to take all necessary measures and provisions to protect his/her data, software and computer media against intrusions caused by malicious computer programs (viruses, Trojans, spyware, etc.).

The User acknowledges having familiarised himself/herself with the technical requirements for the proper functioning of the Application. In this respect, it is incumbent on him/her to have the technological tools necessary for the use of the Services.

In the context of access to the Application, the User undertakes, under his/her own responsibility, to:

• Provide accurate, complete and truthful information when first connecting to the Application and for any subsequent connection;
• Memorise the password required to connect to the Application and keep no written trace of it;
• Not disclose to third parties the information (password, contract number) necessary to connect to the Application;
• Connect to the Application either directly or via the link that was sent to him/her by e-mail the first time he/she logged on;
• Enter access codes away from prying eyes;
• Terminate the Application after completing all operations within it.

The User remains solely responsible for the Use of his/her account. Any activity carried out on the User’s account will be irrefutably presumed to have been carried out by the User.

In the event of identity theft, fraudulent access to the Application and, more generally, unauthorised access by a third party, the User is required to inform LALUX as soon as he/she becomes aware of it or suspects such activity.

By using the Application, the User may encounter hypertext links or hyperlinks (hereinafter “the Links”) referring him/her to other websites or mobile applications (hereinafter “the Websites”). The Links are published exclusively by third parties, without any direct or indirect intervention by LALUX.

LALUX in no way guarantees the accuracy and truthfulness of the information contained in the Websites referred to by the Links and declines all responsibility in this respect. The creation of Links and the authorisation to display them within the Application in no way implies any approval by LALUX of the content of the Websites or of the products and services they offer.

Furthermore, LALUX does not intend to make any judgement or express any opinion whatsoever with regard to the information contained on the Websites or their operators.

In accordance with the regulations on the protection of personal data, LALUX, as the data controller, processes the personal data of the User, and where applicable the persons that the User is authorised to represent, for the following purposes: subscription, contract and claims management, compliance with legal obligations, risk assessment, commercial prospecting, claims management and improvement of navigation.

The personal data voluntarily provided by the User is treated confidentially and will not be passed on to third parties under any circumstances, except for the purpose of complying with the obligations related to the execution of the contract.

All security measures are implemented to ensure that the personal data provided by the User is transmitted by secure means, although the secrecy of correspondence cannot be guaranteed by LALUX.

The Application contains only one cookie necessary for its proper functioning. In order to access the Application, the User must accept it.

For more information, the User may consult the LALUX policy on the protection of personal data at www.lalux.lu .

The intellectual property rights – copyrights, patents, trademarks, trade names, logos, texts, reproductions, symbols, graphic presentations, illustrations, layout or other - reproduced and appearing in the Application remain the exclusive property of LALUX. Any violation of these intellectual property rights is strictly prohibited and liable to criminal and civil proceedings.

The User only has a personal, non-transferable and non-exclusive right to use the Application free of charge, as well as a right of access to its content and data. These rights of use and access are subject to respect for the nature and purpose of the Application.

It is strictly forbidden for the User or a third party to disseminate, represent, alter, modify, reproduce and, more generally, to use the Application in any way whatsoever without the prior, express and written authorisation of LALUX.

LALUX reserves the right to unilaterally modify the General Terms and Conditions. In the event of a modification, it will inform the User when he/she next logs on to the Application. After having read the modified General Terms and Conditions, the User is invited to approve them. If the User refuses to approve them, access to the Application’s Services becomes impossible.

The fact that LALUX does not invoke the benefit of a provision of the General Terms and Conditions does not imply that it waives its right to invoke it.

If one of the provisions of the General Terms and Conditions is declared null and void, illegal or cannot be implemented for reasons beyond the control of LALUX, it is agreed that the aforementioned provision will not affect the validity of the other provisions, which will continue to take full effect. LALUX will be authorised to replace the provision for which the implementation is being opposed by a new provision for which the meaning and effects are as close as possible to those of the original provision. Pending such replacement, the provision for which implementation is hindered should be given as much effect as possible in relation to the general spirit of the General Terms and Conditions.

Access to the mobile Application, the use of its services and the General Terms and Conditions are exclusively governed by Luxembourg law. 

An amicable settlement is always preferred in the event of a dispute. In the absence of such a settlement and in the event of a persistent dispute, only the courts of the Grand Duchy of Luxembourg, judicial district of Luxembourg, are competent to hear the case.