1 TERMS OF BUSINESS ABOUT OCTAGON INSURANCE Octagon Insurance Company Limited and Octagon Insurance Services Limited are authorised and regulated by the Gibraltar Financial Services Commission, and subject to limited regulation by the Financial Conduct Authority (FCA) in the UK. The companies are registered in Gibraltar (Reg. Nos and ). Registered Offices: Suite 945 Europort, Gibraltar. Octagon Insurance Company Limited is a member of the Association of British Insurers, the Financial Ombudsman Scheme and the Motor Insurers Bureau. Octagon Insurance Services Limited acts as an intermediary for the sale of Optional Extras. This insurance is administered in the UK on behalf of Octagon Insurance Company Limited, and its authorised Co-insurers, and Octagon Insurance Services Limited by One Quote Direct Insurance Services Limited who also arrange insurance contracts concluded by telephone on a non-advised basis. One Quote Direct Insurance Services Limited is an Appointed Representative of Europa Group Limited, which is authorised and regulated by the FCA (FCA No ). One Quote Direct Insurance Services Limited and Europa Group Limited are both registered in England and Wales (Reg. Nos and ). Registered Offices: Europa House, Midland Way, Thornbury, Bristol BS35 2JX. Octagon Insurance Company Limited, Octagon Insurance Services Limited and One Quote Direct Insurance Services Limited are all members of the Brentstar Holdings Limited Group. WHICH SERVICE WILL WE PROVIDE YOU WITH You will not receive advice or a recommendation from us for car, van insurance or Optional Extras. We may ask some questions to narrow down the selection of products that we will provide details on. You will then need to make your own choice about how to proceed. DISCLOSURE OF INFORMATION You should provide complete and accurate information when you take out your insurance policy by answering the questions asked of you and also throughout the lifetime of the policy and when you renew your insurance. Please take reasonable care to answer all the questions honestly and to the best of your knowledge. If you don t answer the questions correctly, your policy may be cancelled, or your claim rejected or not fully paid. If in any doubt as to the meaning of questions or your answers then please ask us for guidance. It is an offence under the Road Traffic Act to make false statements or withhold information in order to obtain motor insurance. SEVERAL LIABILITY NOTICE The obligations of Octagon Insurance Company Limited and its co-insurers under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of each insurer s individual subscription. If one of the insurers does not for any reason satisfy all or part of its obligations, the other insurers will not be responsible for the defaulting insurer s obligations. STATEMENT OF FACT When you take out an insurance policy, you will be provided with a Statement of Fact which shows the information that you have supplied to us in order to obtain the insurance cover. Please read this carefully to ensure that this provides us with complete and accurate information, as the answers on the Statement of Fact are your responsibility. This is especially important if the information was given by someone on your behalf. If any information is incomplete or inaccurate, or if you are unsure about any aspect of the information then please contact us straight away. You will then be provided with an updated Statement of Fact.
2 In the event of unacceptable revised terms being offered by us, you are entitled to cancel the insurance and, subject to no claims having been made during the period, the premium will be refunded less a proportionate charge for the time the insurance was in place. LAW APPLICABLE Unless we agree otherwise, this insurance contract will be governed by English Law. YOUR RESPONSIBILITY Cover Under the Road Traffic Act, it is your personal responsibility to ensure that you are in possession of a current valid Certificate of Motor Insurance before you use or permit other people to use a vehicle on the public highway. If your Certificate of Motor Insurance expires, you must contact us immediately as no cover may exist until a replacement Certificate of Motor Insurance has been issued. LICENCE AND MOTORING OFFENCES If you provide driving licence numbers they may be passed to the DVLA in order for a search to be carried out to confirm your (or any named driver s) licence status, entitlement and relevant restriction information and endorsement/conviction history. Searches may be carried out as part of your quote and at any point throughout the duration of your insurance policy. A search with the DVLA will not show on your (or the named driver s) driving licence record. For details relating to information held about you by the DVLA, please visit Undertaking searches using your driving licence number helps insurers check information to prevent fraud and reduce incidences of negligent misrepresentation and non-disclosure. Your personal data will not be used for marketing. It will only be shared within organisations involved with the administration of your insurance policy or as otherwise set out in this Data Protection Notice. If you do not provide driving licence numbers it is your responsibility to ensure that you and all named drivers hold a valid driving licence for the type of vehicle you are proposing to insure. Failure to hold a valid licence will make your insurance invalid. Please note that we may request you to provide us with a copy of the Driving Licence held by any driver named on this policy. We may also require proof of residency. VEHICLE DOCUMENTS It is your responsibility to ensure that you keep your vehicle in a roadworthy condition. Please note that we may request a copy of the vehicle documentation, such as the registration document and current MOT certificate. CHANGES TO YOUR POLICY Any changes which may affect your cover must be notified to us immediately they occur and cover may be invalid until the change has been accepted by us. Examples include, but are not limited to; changes to your address and/or your vehicle, modifications to your vehicle, change of use of the vehicles, and for all drivers convictions, accidents and matters relating to health. RENEWALS We will write to you prior to the expiry of your policy. If your payment is made by monthly instalments, then your direct debit payment will continue. If no notification is shown on your renewal invitation, or if a payment fails to be authorised, then your policy will NOT automatically renew and you will need to contact us prior to your renewal date to renew your policy. If you chose to pay annually in one lump sum at the commencement of your policy, then your policy will NOT automatically renew. In order to renew your policy you must contact us before the renewal date and instruct us to take payment via a debit/credit card.
3 Irrespective of whether you receive a renewal reminder, it remains your responsibility to ensure that your insurance is valid and in force. PAYMENT OF PREMIUMS Unless otherwise agreed, all premiums are payable on demand and cover will only be effective from time payment has been received. We reserve the right to cancel or lapse cover where payment is not received by their due dates. Premium Credit Limited is One Quote Direct Insurance Services Limited s provider of loans to pay the annual premium by instalments. One Quote Direct Insurance Services Limited may, at its discretion, agree to accept payment of the premium by instalments, but in all such cases the balance of the premium shall, at any time, be payable forthwith on demand by One Quote Direct Insurance Services Limited and shall be due to Octagon Insurance Company Limited as a debt. Premium Credit Limited is the provider of the loan used to assist payment of the annual premium by instalments. They will provide this facility through a credit agreement. Please note that the monthly payments will appear on your bank statement in the name of Premium Credit Limited. If any direct debit or other payment due in respect of the credit agreement you enter into with Premium Credit Limited is not met when presented for payment, if you end the credit agreement with Premium Credit Limited, or if you do not enter into a credit agreement with Premium Credit Limited, we will be informed of such events by them. If you do not make arrangements with us to pay the insurance premium, you acknowledge and agree that we may, at any time after being so informed, cancel the insurance and collect any refund of premiums owed to us and, if any money is owed to Premium Credit Limited under your credit agreement, pay it to Premium Credit Limited or, if Premium Credit Limited have remitted the outstanding amount to us, use it to offset our costs. If you choose to pay by instalments, your personal information and the bank details you provide will be passed to Premium Credit Limited. In assessing your application for credit Premium Credit Limited will search public information to ascertain if a credit reference agency holds information about you. The credit reference agency will add details of the search and your application to their record about you whether or not your application proceeds. This and other information about you may be used to make credit decisions about you and undertake checks for the prevention and detection of money laundering. If your application for credit is accepted, Premium Credit Limited will send you a welcome pack detailing their full terms and conditions, and will commence collection of your instalments. A credit agreement will be included for you to sign and return. Premium Credit Limited may begin collecting your direct debits before you return your signed agreement to pay for any insurance you are receiving. If you have any questions about your instalments, contact Premium Credit on Calls to this number will be charged at 6 pence per minute plus your phone company s access charge. On renewal of your insurance policy we will continue to pass your details to Premium Credit Limited unless you instruct us otherwise. Premium Credit Limited will tell us if you fail to make a payment by direct debit under the terms of your agreement or if you end the credit agreement. This will result in your policy being cancelled, unless alternative arrangements are made to settle the outstanding amount due. Any refund of premium which may be made by the insurer will be paid to Premium Credit Limited, if any money is owed to them under your credit agreement, or, if we have already paid them to offset our costs. One Quote Direct Insurance Services Limited and Octagon Insurance Services Limited act as intermediaries of the insurers in collecting premiums and handling refunds due to clients, such monies are deemed to be held by the insurers with which your insurance is arranged. One Quote Direct Insurance Services Limited will not pay you the amount of any interest we earn from investing your premium before paying it to the insurers. You will be responsible for paying the premium for the time that cover is in force, and for putting in place any alternative insurance and/or payment arrangements you need. Arrangements for payments that fall within or outside the Consumer Credit Act are subject to a non- refundable administration fee of 25. The charge will be quoted in advance of the transaction, and will be included in the total amount payable. Please note that after a claim, we will not allow any refund of premium, and direct debits must be maintained in full. In the
4 event of a claim, Octagon Insurance Company Limited reserves the right to deduct any outstanding premiums up until the next renewal date, from any claim payment. COOLING OFF PERIOD You will, for a period of 14 days from the date you receive your policy documentation or the date you enter into the contract (whichever is later), have a right to cancel this policy and receive a refund (unless you have made a total loss claim). The refund will be subject to a charge for the period of cover you have received, plus a 20 (including IPT) administration charge, except where cover has not commenced prior to the end of this 14 day period, in which case you will be entitled to a full refund of the premium that you have paid. If you choose to pay by instalments, the finance administration fee will not be refunded. In order to cancel your policy within this period you must contact us in advance of the date and time you wish the policy cancelled. CANCELLATION OF YOUR POLICY In addition to your rights under the Cooling Off Period, you also have the right to cancel your policy at any time during the period of cover. If you wish to cancel your policy, contact us in advance of the date and time you wish the policy cancelled. It is important to remember that cancelling your direct debit does not cancel your policy. As long as a claim has not been made under the policy, we will refund the part of your premium that covers the rest of the period you would have been insured for, less a 50 (including IPT) cancellation fee. If you are paying your annual premium by direct debit, then on cancellation, any money in hand will first be used to pay our charges and the finance administration fee will not be refunded. Should the amount be insufficient, we will invoice you for the outstanding balance. Any excess money will be refunded to the card on which your deposit premium was paid. Octagon Insurance Company Limited may cancel this policy by sending you a 7 day notice of cancellation to your last known address, (and in the case if Northern Ireland to the DVLNI). Provided that no claim has occurred during the current period of insurance, we will calculate the premium for the period that we have been insuring you and refund any balance. A 50 cancellation fee will be applied if your policy is cancelled as a result of you failing to supply us with documentation or information we have requested or due to a premium default. We will not give you a refund if you have claimed or if an incident has happened which may result in a claim. If your policy contains any Optional Extras (see below) then these will be excluded from any refund calculations. You are always advised to discuss with us the likely net refund before deciding upon cancellation. OPTIONAL EXTRAS COVERS The following Optional Extras are sold by Octagon Insurance Services Limited or One Quote Direct Insurance Services Limited. (Refer to separate policy wordings for full information about cover, exclusions, complaints and cancellation procedures) Breakdown Cover This is a separate contract that, if purchased, runs concurrently with your policy. Breakdown Cover is underwritten by Groupama Insurance Company Limited and is administered by Call Assist Limited. Please note that there is a minimum period of 24 hours between the purchase of breakdown cover and the cover commencing.
5 Legal Expenses Cover This is a separate contract that, if purchased, runs concurrently with your policy. Legal Expenses cover is underwritten by Arc Legal Assistance Limited. Lost Keys Protection Cover This is a separate contract that, if purchased, runs concurrently with your policy. Lost Keys Protection Cover is underwritten by Inter Partner Assistance and is administered by Direct Group Limited. Extended Personal Accident Cover This is a separate contract that, if purchased, runs concurrently with your policy. The Extended Personal Accident insurance policy is underwritten and administered by Ultimate Insurance Company Limited. Replacement Vehicle Cover This is a separate contract that, if purchased, runs concurrently with your policy. The Replacement Vehicle insurance policy is underwritten and administered by Ultimate Insurance Company limited. Gadget Cover Annual Policy (Car Policies Only) This is a separate contract that, if purchased, runs concurrently with your policy. The Gadget insurance policy is underwritten by Ageas Insurance Limited and is administered by Supercover Insurance Limited. Tools in Transit Cover (Van Policies Only) This is a separate contract that, if purchased, runs concurrently with your policy. The Tools in Transit insurance policy is underwritten by UK General Insurance Limited on behalf of Ageas Insurance Limited, and is administered by Direct Group Limited. There is no refund of premium on cancellation after expiry of the cooling off period. Windscreen Protection Cover This is a separate contract that, if purchased, runs concurrently with your policy. The Windscreen Protection Cover is underwritten by UK General Insurance Limited on behalf of Ageas Insurance Limited, and is administered by Direct Group Limited. There is no refund of premium on cancellation after expiry of the cooling off period. OUR CHARGES In addition to the premium, the following charges are made to cover the administration of your insurance. When you buy a new policy No charge. In the event of cancellation Please refer to the following sections; Cancellation of your policy and Cooling Off Period.
6 Duplicate Documents A 25 (inc. IPT) administration charge will apply for the creation and release of duplicate documents. In the event of a change to your Policy If you make a change to your policy: A 25 (inc. IPT) administration charge will be made; Refunds of less than 25 will not be allowed. When you renew your policy No charge NO CLAIMS BONUS We require all customers who have disclosed entitlement to No Claims Bonus (NCB) to provide proof of their entitlement. Your NCB may be in the form of either a Bonus Proof document or a Renewal invitation, issued by your previous insurer or broker. You must submit acceptable proof of NCB within 14 days of your policy inception date. Whilst we will endeavour to remind you of your contractual requirement to supply NCB proof the onus is upon you to do so. If acceptable NCB proof is not received with 14 days of the inception date of your policy we will begin cancellation proceedings. The No Claim Bonus Proof must have been earned in your name as the policyholder, be issued by a UK motor insurer, be less than 24 months old and has not been used on a motor insurance policy since it was issued. No Claims Bonus currently being used on another policy is unacceptable. We will not add two, or more, No Claims Bonus entitlements together and use the accumulated total. No Claims Bonus earned on a private hire or motorcycle policies are unacceptable. For private car policies the No Claim Bonus must have been earned on a private car policy. For commercial vehicles the No Claims Bonus must have been earned on a commercial vehicle policy. MAKING A CLAIM In the event of an accident or incident occurring which may give rise to a claim under your policy, you should notify us as soon as possible using the contact details in your policy documentation. CONFIDENTIALITY Information on Products and Services We may use the details you have provided to send you information about our other products and services or to carry out research. We may contact you by letter, telephone or . We will not make your personal details available to any companies other than those that are contracted by us to provide services relating to your insurance with us. If you have not already advised us that you would prefer not to receive information from us or those companies who provide services on our behalf, please contact us *. Credit Search and Identity Check We use information obtained from credit reference agencies who will check the details supplied against any database, public or otherwise. This helps us to confirm your identity, allows us to give you a quote and decide which payment options we can offer you, for example, paying monthly. You will see a record of this Credit search if you request a Credit Report. No other organisation who may conduct credit searches will be able to see it. If we conduct an Identity check a record of this will be retained by the credit reference agencies and may be provided to other organisations to assist with verification and identification purposes. You will see a record of this Identity check if you
7 request a Credit Report. These searches will not affect your credit record or credit rating in any way. You can request your Credit Report from any credit reference agency. Claims and Underwriting Exchange Register Insurers pass information to the Claims and Underwriting Exchange Register, run by Insurance Database Services Ltd (IDS Ltd) and the Motor Insurance Anti-Fraud and Theft Register, also run by Insurance Database Services Ltd (IDS Ltd). The aim is to help us to check information provided and also to prevent fraudulent claims. We may search these registers. Under the conditions of your policy, you must tell us about any incident (such as an accident or theft) which may or may not give rise to a claim. When you tell us about an incident, we will pass information relating to it to the registers. Motor Insurance Database Your policy details will be added to the Motor Insurance Database ( MID ) which is managed by the Motor Insurers Bureau ( MIB ). The MID and the data stored on it may be used by the Police, the DVLA, the DVANI, the Insurance Fraud Bureau and other bodies permitted by law for purposes not limited to but including: Electronic licensing; Continuous insurance enforcement; Law enforcement (prevention, detection, apprehension and/or prosecution of offenders); The provision of government services and/or other services aimed at reducing uninsured driving. If you are involved in a road traffic accident (either in the UK or abroad), insurers and/or the MIB may search the MID to obtain relevant information. Other persons (including their appointed representatives) pursuing a claim in respect of a road traffic accident (including foreign citizens) may also obtain relevant information held on the MID. It is vital that the MID holds your correct registration number. If not you risk the Police seizing your vehicle. You can check that your correct registration number is shown on the MID at FRAUD PREVENTION AND DETECTION In order to prevent and detect fraud insurers may at any time; share information about you, anyone insured under the policy, anyone who has paid for the policy and anyone who makes a claim with fraud prevention databases and public bodies including the Police, DVLA and DVANI. If we find that false or inaccurate information has been given to us and we suspect fraud, details will be passed to fraud prevention agencies. Law enforcement agencies may access and use this information. We and other organisations, including those from other countries, may also access and use this information to prevent fraud and money laundering, for example, when: Checking details on applications for credit and credit-related facilities; Managing credit and credit-related accounts or facilities; Recovering debt; Checking details on quotes, policies and claims; Checking details of job applicants and employees. Under the conditions of your policy you must tell us about any Insurance related incidents (such as fire, water damage, theft or an accident) whether or not they give rise to a claim. When you tell us about an incident we will pass information relating to it to industry databases. We may search these databases when you apply for insurance, in the event of any incident or claim, or at time of renewal to validate your claims history or that of any other person or property likely to be involved in the policy or claim. You should show this notice to anyone insured to drive your vehicle under the policy. Please contact us on * if you want to receive details of the registers and fraud prevention agencies. OTHER INSURERS We may pass information about you and this policy to other insurance companies with which we either reinsure our
8 business or who are dealing with a claim made under this policy. In addition, information may be passed to other insurance related organisations in line with standard industry practice. These companies may be located in countries outside the UK but within the European Economic Area ( EEA ) or the Channel Islands. We may correspond with you via , by providing your address you are consenting to us communicating with you via . If you a request to arrange insurance cover, or to amend any details under an existing policy, cover will not be effective until your request has been accepted by us and we have confirmed this. By accepting our you agree that a contract made electronically is concluded at the place and at the time which the message containing the acceptance of an offer has been received. You must take reasonable steps to ensure that the messages are complete and accurate and are secure against being altered in the course of transmission and are free from harmful viruses. DATA PROTECTION The files of Octagon Insurance Company Limited, Octagon Insurance Services Limited and One Quote Direct Insurance Services Limited are confidential. We reserve the right not to discuss matters relating to clients insurances with any person other than the client or his/her legal representatives. As part of our role and service we will from time to time need to collect personal data which might on occasions be deemed personal sensitive data e.g. health or details of any criminal convictions. If you decide to pay your premium by instalments your details will be passed to our third party instalment provider, Premium Credit Limited. They will send you a welcome pack detailing their full terms and conditions. If your policy is renewed, we will continue to pass your details to Premium Credit Limited unless you instruct us otherwise. If you provide us with information about another person, you confirm that they have given you their consent for the processing of their personal data, and that you have informed them of our identity and the purposes for which their personal data will be processed. We keep records of our business transactions for at least six years. Octagon Insurance Company Limited and Octagon Insurance Services Limited are registered with the Gibraltar Regulatory Authority Data Protection Division as a data processor and controller. Octagon Insurance Company Limited and Octagon Insurance Services Limited adhere to the principles of the Gibraltar Data Protection Act 2004 and will use any available data solely for the purpose intended. One Quote Direct Insurance Services Limited is registered with the UK Information Commissioner (Number: Z ), as a data processor and controller. One Quote Direct Insurance Services Limited abides by the stated principles of the UK Data Protection Act at all times. These can be viewed on the Information Commissioners website You have the right to request a copy of all the personal information we hold about you. To do this, simply write to Octagon Insurance Company Limited, Octagon Insurance Services Limited or One Quote Direct Insurance Services Limited at the following addresses. There is a administration fee payable to Octagon Insurance Company Limited in respect of each data request. Data Protection Officer Octagon Insurance Company Limited Suite 945 Europort Gibraltar Data Protection Officer Octagon Insurance Services Limited Suite 945 Europort Gibraltar Data Protection Officer One Quote Direct Insurance Services Limited Europa House Midland Way Thornbury Bristol BS35 2JX
9 COMPLAINTS Our aim is to provide you with a first class standard of service at all times. If you feel that we have not met your expectations then please contact us straight away on * or in writing to The Customer Satisfaction Officer, Europa House, Midland Way, Thornbury, BS35 2JX and we will endeavour to resolve any issues as soon as possible. If you are not satisfied by our initial response then we will refer your complaint to the Compliance Department or you can contact them directly on: The Compliance Manager is responsible for monitoring the quality of our service and will ensure that your complaint is dealt with correctly. We will acknowledge receipt of your complaint promptly and inform you of who is dealing with your complaint. We will keep you fully informed and explain the current position of your complaint and provide you with an indication as to when we expect to provide our final response. If you remain dissatisfied, you may be entitled to refer your complaint to the Financial Ombudsman Service (FOS) who can be contacted at: Financial Ombudsman Service Exchange Tower Harbour Exchange Square E14 9SR Telephone: from a landline; and from a mobile. Further details of the Financial Ombudsman Service are available on request or visit the FOS website Making a complaint does not affect your right to take legal action. FINANCIAL SERVICES COMPENSATION SCHEME Octagon Insurance Company Limited is covered by the Financial Services CompensationScheme (FSCS). You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends upon the type of business and the circumstances of the claim. Further information about the compensation scheme arrangements is available from the FSCS by telephoning or TELEPHONE CHARGES AND RECORDING *Telephone numbers beginning 0844 will cost you 7 pence per minute plus your phone company s access charge. For our joint protection, telephone calls may be recorded and/or monitored. NOTES The headings in these terms of business are for convenience only and shall not affect their interpretation. If any of the provisions of these terms of business are held to be invalid or unenforceable in the whole or in part, the validity of the other provisions of these terms of business and the remainder of the provision in question shall not be affected thereby.