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-   -   New API Appeals Procedure. (https://www.pprune.org/middle-east/608654-new-api-appeals-procedure.html)

gardenshed 9th May 2018 11:58

New API Appeals Procedure.
 
1 Attachment(s)
Be aware buyers the new " Appeal Procedure" is out, a good read through section 4 would indicate that the API it's self makes the call if your appeal warrants further investigation or not, should it decide not, then a lengthy and costly second and third stage apply.
Surely it should be an independent body that makes the final call if a case is worthy of being re-examined or not.
As an a side after we all had to sign those forms, do we as members not get the right to approve or disapprove rule changes, which seem to be coming thick and fast now.
On a personal note I still think it is wrong to include " Dangerous Sports" as allowable as that is a lifestyle choice, all the life insurance companies I can think of require a separate policy to cover these recreational activities.

777-Up 9th May 2018 15:41

No current E-K pilot has any influence on API rules, appeal procedure, or any other decision whatsoever.

That's OK, if Members understand this. However it appears most are unaware. It only matters if you claim. Then, it matters a great deal.

Thunderbirds54321 10th May 2018 14:20


Originally Posted by 777-Up (Post 10142245)
No current E-K pilot has any influence on API rules, appeal procedure, or any other decision whatsoever.

That's OK, if Members understand this. However it appears most are unaware. It only matters if you claim. Then, it matters a great deal.


prospective and current “ members “ best read the small print .....

AIRCREW PROTECTION TRUST MEMBER TERMS & CONDITIONS
1. DEFINITIONS:

“Trust” means the Aircrew Protection Trust.
“Member” means such individuals who pay contributions into the Trust.
“API Rules” means the current rules of the Trust applicable on Member.
“Contributions” means the Monthly and/or Yearly Contributions payable by Members into the Trust Account.
“Yearly Contributions” means the sum of AED 4,939 per year payable by Members who sign up for payment of Contributions on yearly basis.
“Monthly Contributions” means the sum of AED 4495 per month, payable by Members who sign up for payment on monthly basis.
“Trust Account” means the account controlled by the Trust into which the Member pay their respective Contributions.

2. API RULES

These Terms & Conditions are complementary to, and shall be read in conjunction with, the API Rules. In case of any conflict between the API Rules and the Terms & Conditions, terms of the API Rules shall be deemed to prevail. By accepting these Terms & Conditions, Members accept the API Rules in entirety in addition to the following terms. API Rules can be found at Aircrew Protection International | Dashboard

3. MEMBERSHIP & CONTRIBUTIONS
  • Members may become members of the Trust by registering with the Trust and agreeing to pay either into the Trust Account :
    • Monthly Contributions
    • Yearly Contributions.
  • Members who sign up for payment on monthly basis are obliged to pay the Monthly Contributions into the Trust Account. Any Monthly Contribution received in a particular month shall be accounted for a Monthly Contribution towards that particular month. For example, a Monthly Contribution received into the Trust Account on 25th day of July will count as a Monthly Contribution pertaining to the month of July.
  • Members who sign up for payment on yearly basis are obliged to the Yearly Contribution into the Trust Account. Payment of the Yearly Membership allows a Member to enjoy membership of the Trust for one year following the date of payment of such Yearly Contribution and includes one free month’s eligibility.
  • Eligibility of Members shall be determined in accordance with the API Rules.
  • In the event no payment of Contribution is received in respect a month when such Contribution is due, the Member is deemed to be in default of payment, and issued a thirty (30) days’ notice to effect payment of pendin g Contributions. In the event the Member’s default continues beyond expiry of the notice period, the defaulting Member’s membership from the Trust shall be automatically terminated, and the Member is notified by the Trust to such effect.
  • In the event a Member inadvertently pays twice, or more, in the same month then, upon notification to the Trust, the Member shall be given the option of either:
    • a refund to his bank account to be sent on the last day of the month following the Member supplying his/her banking details.
    • carrying forward the excessive payment as credit (“Credit”)
    In the event a Member resigns as a pilot from Emirates Airlines or the Trust and, upon notification to the Trust, such Member shall be immediately instructed by the Trust to stop paying his/her Contributions. In the event such Member does not stop paying his/her Contributions, such payments shall be deemed to be overpayments, and shall be refunded to his/her bank account for as long as the Trust continue s to receive Contributions from such Member.
  • In the event a Contribution is paid by a Member, but not received into the Trust Account, the Trust shall not be responsible for the same, and such Contribution shall be deemed to have not been received by the Trust. The Member shall be required to repay the Contribution, and in the event the Trust receives the earlier Contribution at a later point in time, such Contribution shall be dealt with in accordance with clause above.
  • If, after a Member receives his Benefit(s) from the Trust , a determination is made that he/she was not eligible to receive such Benefit(s) , an amount equal to the entirety of a Member’s Contribution to the Trust will be refunded to the Member. This refund will constitute termination of the Member from the Trust and the Member will receive no further Benefit (s) or consideration therefrom.
  • Members will pay 3.95% of the transaction amount and $0.65 per transaction.
4. BENEFITS

Upon membership in accordance with the clause above, and regular payment of Contributions, and subject to the API Rules, Members are entitled to the following benefits (“Benefits”)
  • Payment of AED 25,000 per month, which is subject to an increase at the rate of 3% per annum, and capped at an amount of AED 35,000, payable until the Member’s 65th birthday in the event the Member loses his/her GCAA Class 1 Medical Certificate, and is terminated by the Emirates Airlines as a consequence thereof (please refer to detailed mechanism set forth in API Rules);
  • Life insurance in the sum of $100,000, extendable to $500,000, in accordance with the terms and conditions of a third - party insurer.
  • Life insurance in the sum of $50,000 life insurance Member’s spouse, fiancé or life partner, in accordance with the terms and conditions of a third - party insurer
  • Legal insurance in the sum of $50,000 in the event the Member is involved in an incident while acting as flight crew.
5. TERMINATION & EFFECTS OF TERMINATION
  • Termination of membership shall be in accordance with the API Rules.
  • In the event a Member withdraws his/her membership from the Trust, but continues to serve as a pilot with Emirates Airlines then, upon notification to the Trust, any such Member shall be immediately instructed by the Trust to stop paying his/her Contributions. In the event such Member does not stop paying his/her Contributions, such payments shall be deemed to be overpayments, and shall be refunded to the Member’s bank account to be sent on the last day of the month following the Member supplying his/her banking details.
  • In the event it is found that a Member is not eligible to receive the Benefits stipulated above, after his termination by the Emirates Airlines:
    • any Credit held by the Trust in his favor shall be immediately refunded into the Member’s bank account to be sent on the last day of the month following the Member supplying his/her banking details; and
    • Any and all Contributions paid by the Member via credit card since the commencement of his membership with the Trust shall be refunded to his/her bank account to be sent on the last day of the month following the Member supplying his/her banking details. Meanwhile, such portion of the Member’s Contributions as may have been paid by him/her via means other than credit card, shall be refunded to the Member by means other than credit card.
  • In the event a Member resigns as a pilot from Emirates Airlines or the Trust, such Member shall be immediately instructed by the Trust to stop paying his/her Contributions. In the event such Member does not stop paying his/her Contributions, such payments shall be eemed to be overpayments, and shall be refunded to his/her bank account to be sent on the last day of the month following the Member supplying his/her banking details for as long as the Trust continues to receive Contributions from such Member.
6. INDEMNITY

The Members agree to indemnify, defend and hold harmless the Trust, its directors, trustees, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from their payment using this online platform, and/or from their breach of the se Terms & Conditions or the API Rules.

7. PRIVACY
The Members agree to indemnify, defend and hold harmless the Trust, its directors, trustees, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from their payment using this online platform, and/or from their breach of the se Terms & Conditions or the API Rules.

8. INTELLECTUAL PROPERTY

The Members agree and acknowledge that the Trust is the sole legal and beneficial owner of all trademarks, patents, copyrights, logos, names, symbols, fonts, images and other intellectual property of, or connected to the brand “Aircrew Protection International ” , whether such intellectual property is displayed by the Trust on its website, marketing materials, social media, forms, advertisements, publications, or any other form of media.

9.VARIATION

The Trust shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the contents of these Terms & Conditions and/or the API Rules.

10. SEVERANCE

If any part of the Terms & Conditions is unenforceable, the enforceability of any other part of these Terms & Conditions will not be affected, and all other clauses shall remain in full force and effect. So far as possible where any clause/sub - clause or part of a clause/sub - clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.

11. WAIVER

If a Member breaches any part of these Terms & Conditions, and the Trust takes no action, such inaction will, by no means amount to a waiver in respect of any of the Trust’s rights and remedies.

12. ENTIRE AGREEMENT

The above Terms & Conditions, along with the API Rules, constitute the entire agreement between the Trust and Members


.13. JURISDICTION

All disputes arising in any way out of or affecting this agreement shall be subject to the non - exclusive jurisdiction of the Guernsey courts to which the parties hereto agree to submit.



Paying particular attention to this paragraph :

9. VARIATION


The Trust shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the contents of these Terms & Conditions and/or the API Rules.”







gardenshed 16th May 2018 10:23

I see that the API have removed the links to their " TERMS and CONDITIONS" from their website, this is a serious situation, should anyone be wishing to join or feeling that they have been treated wrongly, they have no access to to rules and regulations that are in force today.

Praise Jebus 16th May 2018 16:31

Well i guess you could always ask for the T and Cs... Regarding your comment on extreme sports, it would be fare to say that pilots as a demographic are generally active sorts and an insurance product would hardly be taylored to that group if sports weren't included.

gardenshed 16th May 2018 16:39

Extreme Sports are a lifestyle choice with a higher risk of injury, hence are always needing a separate policy or higher premium to be covered.
We are supposed to be covering those who are unfortune enough to loose their licences through no fault of their own.
As to regards to the removal of the T’s & C’s one has to question why are they hiding them in the first place.

Sorry Dog 17th May 2018 14:21


Originally Posted by gardenshed (Post 10148473)

Extreme Sports are a lifestyle choice with a higher risk of injury, hence are always needing a separate policy or higher premium to be covered.


Be careful what you wish for. Some might consider getting on the bus to be an extreme sport... much less what one considers to be lifestyle choices when the sun goes down. :yuk:

Tiredofbeingtired 17th May 2018 19:13

Term and condition
 
I called API and ask why the Term and condition removed; they said Term and condition are for the credit card pay which is being tested now and when we can pay with credit card they will be on that page because there specific to the credit card. The Rules are still on the website under Rules and I check and they are. Not everything is conspiracy.

Bogelbogelbogel 20th May 2018 21:05

Yes but
 

Originally Posted by Tiredofbeingtired (Post 10149619)
I called API and ask why the Term and condition removed; they said Term and condition are for the credit card pay which is being tested now and when we can pay with credit card they will be on that page because there specific to the credit card. The Rules are still on the website under Rules and I check and they are. Not everything is conspiracy.

The complete agreement includes of the Terms & Conditions so there is a legal requirement to publish the terms and conditions alongside.

Switchboard 23rd May 2018 10:50

API Coverage
 
Hello!

We are pleased to announce you can now take your API membership with you when you leave Emirates and go to another carrier. We have updated the Rules on the website and under HOW API WORKS we have included a flowchart to easily explain the process.

The highlights are:
1. You must be a current member for 3 continuous years as of the date of your resignation from Emirates.
2. Your membership after Emirates is valid (you are covered) only while you are employed by another air carrier, however there is no time limit between leaving Emirates and going to another air carrier.
3. Your LSB continues to accrue after leaving Emirates.

If you have any questions or concerns, please do not hesitate to contact us on the API Website.

puff m'call 31st May 2018 10:18

To set the record straight.

I joined LIPS now API many years ago after I joined EK not thinking I would ever need it, but still having comfort in the knowledge that I was covered.
Last year I got grounded and lost my medical permanently, a huge shock and a devastating blow as you can imagine. Once I had my letter of revocation from the GCAA I filed my claim with API, an easy process with no issues. EK were happy to provide me with a full copy of my medical records since my date of joining so I duly sent them off to Harvey Watt as requested. Research into HW lead me to discover that they are a professional medical organisation who have been in aviation medical and insurance business for many years.
It took several months for them to process my claim and contact was difficult, but there again they are dealing with API and the trust, not you!
Then came the long awaited email from API only to read that my claim had been denied due to a pre existing condition based on my date of joining, after close examination by myself I discovered that API's details were if fact incorrect and my joining date they had was wrong, they said they would look in to it. Within a few days they contacted was and apologised profusely admitting a mistake had been made and would resubmit my claim.

Needless to say it came back as all ok and my claim approved. I received many emails and phone calls from members of the API team apologising for the error that was made and the inconvenience to myself. My claim was back dated to the initial application and I'm now receiving full benefits. If you have a legitimate claim they will pay you, simple as that.

API is there for us the pilots and I would recommend anyone who is without cover to join right now!! You can't afford to be without it.
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footballfanppl 1st Jun 2018 10:14

Being a beneficiary you would say that wouldn’t you
 
This is advertising on Prune : an infringement of Prune posting rule 1

Isn’t this infringing the first rule of Prune posting
  • No advertising or promoting of business/commercial ventures.

skyvan 1st Jun 2018 12:06


Originally Posted by footballfanppl (Post 10162285)
This is advertising on Prune : an infringement of Prune posting rule 1

Isn’t this infringing the first rule of Prune posting
  • No advertising or promoting of business/commercial ventures.


Advertising can be either Positive, or Negative. Puff has merely been giving a review of his particular scenario, I doubt he will benefit anymore from LIPS by his posting than he already is.

By the same rules then, are you sure that what you've been doing has not been Negative Advertising, and so therefore also infringing the above rule?

footballfanppl 1st Jun 2018 12:39

Advertising / monitoring
 

Originally Posted by skyvan (Post 10162374)
Advertising can be either Positive, or Negative. Puff has merely been giving a review of his particular scenario, I doubt he will benefit anymore from LIPS by his posting than he already is.

By the same rules then, are you sure that what you've been doing has not been Negative Advertising, and so therefore also infringing the above rule?

API won’t publish adverse publicity about themselves and thanks to Prune anyone considering the API product can get a more balanced insight.

Have a thorough read of the Appeals Procedure: I think you’ll find it amounts to window dressing at best : effectively & practically cuts off any future claimants right to legally pursue a claim through the court system.

More pertinent a question is why the Terms and Conditions which are intrinsic to the API product/ agreement no longer available?

Tiredofbeingtired 20th Jun 2018 19:03

BEcause like I say before "they said Term and condition are for the credit card pay which is being tested now and when we can pay with credit card they will be on that page because there specific to the credit card."

Tiredofbeingtired 20th Jun 2018 19:26

conspiracy conspiracy conspiracy.


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