TERMS AND CONDITIONS OF TRAILER INSURANCE consisting of CL AHW

Transcription

1 TERMS AND CONDITIONS OF TRAILER INSURANCE consisting of KOV AUT CL AHW Manual of the policy conditions KOV AUT General Art. 1 Definition of terms Art. 2 Scope of the coverage Art. 3 Exclusions Art. 4 Obligations / loss of rights Art. 5 Premium Art. 6 Termination and suspension of insurance Liability Art. 7 Insured parties Art. 8 Scope of the coverage Art. 9 Exclusions Art. 10 Claims Comprehensive Limited Vehicle Insurance Art. 11 Insured parties Art. 12 Scope of the coverage Art. 13 Exclusions and excess Art. 14 Claims Assistance Art. 15 Insured parties Art. 16 Assistance after an accident Art. 17 Assistance after a breakdown Art. 18 Assistance for trailer Art. 19 Exclusions Art. 20 Compensation or reclaiming costs Damage to occupants Art. 21 Insured parties Art. 22 Scope of the coverage Art. 23 Exclusions Art. 24 Damage TERMS AND CONDITIONS AUTOMOBILE INSURANCE KOV AUT In case of doubt or discussion, the stipulations in the Dutch version shall apply. The following special terms and conditions shall only apply if the policy schedule shows that this component is also insured. If any stipulations in these special terms and conditions deviate from the terms and conditions in the applicable general terms and conditions KOV ALG, the stipulations in these special terms and conditions shall prevail. General Art. 1 Definition of terms 1.1 Insured party (parties) That party/those parties described as such in the separate components of this insurance and who can derive rights from this insurance agreement. KOV AUT - CL AHW / / 1-20

2 1.2 a. Motor vehicle The private motor vehicle or delivery van, described in the policy schedule, with Dutch registration and intended for personal use, with a maximum allowed weight of 3,500 kg, of which the details are assumed to be according to the details provided by or on behalf of the policyholder. Motor vehicle also means the attached trailer or caravan, or the detached or dislodged trailer or caravan that has not yet stopped safely outside traffic. b. Replacement transport A replacing, equivalent motor vehicle, that the insured party uses during the period of repairs, revision or maintenance of the motor vehicle stated in the policy schedule. 1.3 Listed value The retail price, including the additional equipment and/or options installed by the manufacturer, on the date that the motor vehicle was first newly delivered (ex works). 1.4 Accessories The parts or technical modifications that were mounted, fixed, in or on the motor vehicle by the dealer or the installation specialist, belonging specifically to the vehicle. Accessories are also the mounted parts, not fixed, that are specifically intended for use in or on the automobile and/or serve to promote safety. Bodywork parts that alter the appearance of the motor vehicle, parts or modifications altering the clutch and/or power of the engine, and any equipment or parts prohibited by law, are not insured. 1.5 Motor vehicle keys These are the keys, remote control, authorization key or other mechanical and/or electronic means belonging to the motor vehicle, that can be used to disable security, open the doors of the motor vehicle and/or start the engine of the motor vehicle. 1.6 Meeùs Helpline The emergency service charged by the company to organize and/or execute the assistance to which the insured party is entitled, as a result of an accident or mechanical defect to the motor vehicle. The Meeùs Helpline can be reached day and night. 1.7 Emergency Assistance provider A dealer, garage, salvager or other party to be established by the Meeùs Helpline. 1.8 Breakdown Any mechanical defect (including an electronic problem/fault) of the motor vehicle resulting from an irregularity in the assembly or a defect of a part, that renders normal use of the motor vehicle impossible and means that the vehicle cannot be driven further, also if any of this is caused by `the insured party s own fault. This includes, for this insurance, also the following circumstances: a. Defect to the keys or leaving the keys in a locked motor vehicle; b. Refueling with the wrong fuel; c. One flat tyre; d. An empty battery by leaving power consumption equipment on. All other causes of immobilization through one s own fault are not covered. For breakdown only of the trailer or caravan, see the special stipulations in article 18 under the heading Assistance. 1.9 Insurance year The first insurance year is the period of 12 months, calculated from the 1 st of the month in which the insurance commenced, also if the insurance has become valid later than on the 1 st of the month. Each subsequent insurance year equals a 12 month period. Art. 2 Scope of the coverage 2.1 Insured section The insurance provides coverage for events taking place within the term of the insurance, as described in the special conditions belonging to the insured section(s) in the policy schedule. 2.2 Insured territory The countries for which the International Motor Vehicle Insurance Certificate (the green card) is valid and during the transport of the motor vehicle between those countries. KOV AUT - CL AHW / / 2-20

3 2.3 Replacing motor vehicle For the time that the insured motor vehicle can temporarily not be used, due to the execution of repairs, revision or maintenance at a company, organized and certified for that purpose, the insurance shall also apply for a replacing motor vehicle of the same type and price, unless another insurance can be invoked, whether or not from an earlier date. During the period of replacement, the damage to ccupants insurance provided this is in the policy schedule as insured section only applies to the replacing motor vehicle. 2.4 Additional compensation If necessary, the company shall compensate, further to an event covered according to the section Comprehensive or Limited Vehicle Insurance (also if these sections are not insured): a. Salvage and transport The costs of salvage and possible transport of the motor vehicle to the nearest repair facility, if and to the extent that the stipulations in the section Assistance cannot be invoked; b. General average The contribution in the general average claimed from the insured party. 2.5 Waiver right of recovery The company shall not use the (possible) option to recover the compensation paid from the driver authorized by the insured party and the occupants, or the employer of these persons, unless there is an exclusion that cannot be invoked against the policyholder. Art. 3 Exclusions In the following cases, the insurance offers no coverage for any events: 3.1 No ownership If the vehicle registration of the Government Road Transport Agency shows that, at the time of the event, neither the policyholder, nor his/her spouse or partner was registered as the owner, respectively the holder of the insured motor vehicle. 3.2 Other use a. If the motor vehicle is used otherwise than had been reported to the company or if it is used for another purpose than legally allowed; b. For professional use, except commuting, irrespective of whether this use can be compensated or the costs can be claimed; c. If the maximum allowed annual mileage of 50,000 kilometer is exceeded, unless this concerns an exceeding whereby the average annual mileage for the preceding period can be shown to be within this maximum for over a year. If a lower chosen annual mileage is exceeded, the premium owed for the actual annual mileage shall be invoiced as yet, to be calculated from the time that the motor vehicle was insured. 3.3 Rental If the motor vehicle is rented out or used for business transport of persons against payment. The exclusions referred to under 3.1 up to and including 3.3 shall not apply to the insured party who can show that the circumstances therein took place outside his knowledge and against his will, and he cannot in all reasonableness be blamed for this. 3.4 Competitions During participation in competitions and races, unless this concerns treasure rallies of no more than 24 hours which do not include a establishing speed element. 3.5 Driving license While the driver does not have a valid driving license, legally imposed for the motor vehicle, if surrender of the driving license was demanded, respectively if the driver is prohibited from driving by judicial ruling; The company shall not invoke the exclusion of a valid driving license, if the invalidity is solely caused by the expiry of the term of validity of the driving license and the driver had not reached the age of 71 on the date of the damage. KOV AUT - CL AHW / / 3-20

4 3.6 Alcohol and narcotic or stimulating (medicinal) drugs a. While the driver of the motor vehicle at the time of the event was under such influence of alcohol and/or any narcotic, sedative or stimulating (medicinal) drug, that he is assumed to be incapable of adequately controlling the motor vehicle, or if he was/is prohibited from driving by law; b. While the driver was driving the motor vehicle after such use of alcohol, that the alcohol contents of his blood was shown to be more than 0.5 milligrams alcohol per milliliter blood, respectively if the alcohol level of his breath is shown to be more than 220 micrograms (ug) alcohol per liter air that he breathed out; c. While the driver, if he is suspected of violation of article 8 of the Road Traffic Act, refused to submit to an examination of his blood or any other examination to establish the level or use as referred to in article 8 of the Road Traffic Act. This exclusion does not apply to the section liability, unless the driver is the person for whom the alcohol exclusion is emphatically noted in the policy schedule and indicated as such. 3.7 Contractual liability If the liability of the insured party solely results from a contractual obligation entered into by him or on his behalf. Art. 4 Obligations / loss of rights In the following situations, the company is entitled to adapt the conditions and/or premium on the date on which the altered situation occurred. If it is shown when damage occurs, that the policyholder failed to inform the company of this situation in a timely manner, the right to damage compensation and/or reimbursement of premium can be cancelled. 4.1 Transfer of ownership / complete loss / garaging abroad If the ownership is transferred and if the motor vehicle is completely lost, the coverage shall be terminated on the date on which the registration was transferred, respectively the date on which the motor vehicle was lost. Transfer of ownership, complete loss of the motor vehicle or permanent garaging of the vehicle abroad shall be reported to the company within 8 days. 4.2 Change of address As soon as the policyholder or the regular driver changes his address, the policyholder shall inform the company of this within 14 days. 4.3 Alteration of the risk As soon as alterations occur within the term of the insurance that impact the nature and/or scope of the risk, such as: - Alteration of the regular driver; - Alteration of the agreed maximum annual mileage; - Alterations to or in the motor vehicle itself; - Disqualification from driving of the regular driver; - A criminal conviction of the regular driver in connection to a traffic offense, This shall be reported to the company within 14 days. Art. 5 Premium 5.1 Discount for no-claim driving The policy schedule states the percentage of premium discount consisting of a number of entrance steps, to be increased with one no-claim bonus step for each provable no-claim year. If the no-claim years are taken over, for a period shorter than 6 months no no-claim year will be granted, and for a period longer than 6 months, a full no-claim year will be applied. The premium discount, respectively the number of no-claim years can be accrued until the maximum no-claim bonus step is achieved. KOV AUT - CL AHW / / 4-20

5 5.2 No-claim bonus scheme This discount scheme applies for premiums for the sections Liability and Comprehensive or Limited Vehicle Insurance. After the insurance has been taken out, after each insurance year the discount/addition to the premium for the next year is established, according to the following schedule (No-Claim Bonus scale). No-claim Discount Future no-claim step after 1 insurance year Bonus Step percentage No damage 1 damage 2 damages 3 or more damages , , % increase Reversion of discount after damage Each report of an event that can oblige the company to make a payment shall be considered one damage, that affects the discount percentage. A no-claim bonus step that has been adjusted accordingly shall apply for the next insurance year after the date on which the event took place. If the report of the damage took place after the first-mentioned date, the company is entitled to claim premium supplementation with retroactive force. A damage report for the Liability and Comprehensive or Limited Vehicle Insurance shall affect the premiums for both types of insurance. 5.4 No reversion of damage A damage report shall not impact the discount for no-claim driving as soon as has been established: a. The report is very unlikely to result in payment; b. An event took place for which only surveyor s fees have been paid; c. Damage compensation paid out have been fully recovered from the other party (this includes the inability to fully recover the amount paid out due to damage compensation based on new-for-old value, purchase value or fixed depreciation; d. The event falls under the heading Limited Vehicle Insurance in the Comprehensive Vehicle Insurance section; e. Only costs for assistance after an accident or breakdown have been compensated, respectively damage due to the transport of injured parties; f. Only a daily allowance for total loss, as referred to in article 14.6, has been paid out; g. The damage compensation paid out by the company is not (fully) recovered, due to an agreement between insurers, but could be recovered based on common and/or traffic law, respectively if recourse is excluded or restricted due to legal stipulations; h. A damage paid out which the policyholder has taken to his own account, within 12 months after having been notified of the amount paid out, provided no other damage occurred in that period and the insurance was not yet terminated. 5.5 No reversion for no-blame damage A damage report shall also not impact the no-claim discount if the event occurred due to an event that was no caused through any fault or co-responsibility of an insured party. KOV AUT - CL AHW / / 5-20

6 5.6 Premium refund The policyholder is entitled to a refund of the premium, to be established in all fairness, for the insurance term not yet expired: a. If the company terminates the insurance in the interim, except if this termination takes place because wrong details about a damage event have been intentionally provided; b. If the policyholder terminates the insurance in the interim because the policyholder no longer has an interest in the motor vehicle due to (r) emigration, respectively the decease of the policyholder; c. In case of termination in the interim because the motor vehicle is garaged abroad; d. If the registration is suspended because the motor vehicle is no longer in use; e. On termination due to transfer of ownership of the motor vehicle, provided the policyholder or the owner can show that he no longer owns the motor vehicle. Art. 6 Termination and suspension of the insurance In addition to the applicable General Terms and Conditions KOV ALG, article 3, the following applies: 6.1 Termination in the interim The insurance or a part thereof shall be terminated by the company in the interim: a. Effective immediately if the ownership of the motor vehicle has been transferred or if the motor vehicle is lost completely, unless the insurance is continued for another motor vehicle; b. On the first premium due date after the motor vehicle is routinely garaged abroad or effective immediately as soon as the motor vehicle shall have a foreign or exportation registration. 6.2 Suspension of the insurance Suspension of the full insurance after transfer of ownership or if the motor vehicle is no longer used, is not possible. If the motor vehicle is not used temporarily, the insurance can be continued, only on Comprehensive or Limited Vehicle Insurance conditions and the sections liability, assistance and damage to occupants insurance (if applicable) shall be terminated. During the period that the liability coverage is terminate, no no-claim years are accrued, but (limited) damage under the Comprehensive or Limited Vehicle Insurance can lead to loss of no-claim years. Liability This section shall only apply if the policy schedule shows that this is co-insured. Disregarding the other stipulations in these terms and conditions, this insurance is considered to comply with the requirements in or pursuant to the Civil Liability Insurance Motor Vehicles Act. Art. 7 Insured parties The insured parties are: a. The policyholder, the owner, the holder, the authorized driver and the occupants of the motor vehicle; b. The employer of these persons, if he is liable, under civil law, for the damage caused by any of these persons. Art. 8 Scope of the coverage 8.1 Liability The insurance shall cover the liability of the insured parties for damage to persons and items including the resulting damage caused with or by the motor vehicle. The coverage includes the liability for damage caused by items transported by the motor vehicle that have fallen from or out of the motor vehicle. 8.2 Insured amounts The company shall pay for each event to all insured parties jointly no more than the insured amounts in the policy schedule. If this concerns liability for damage caused in a country that legally imposes a higher insured amount, the insurance shall provide coverage to that higher amount. KOV AUT - CL AHW / / 6-20

7 8.3 Providing security If, in connection to a covered event, a foreign government demands the provision of security for the release of an insured party or for the cancellation of the seizure of a motor vehicle, the company shall advance such a deposit to an amount of no more than 50,000.=. The insured parties are obliged to fully cooperate in demanding reimbursement of the advanced amount to the company. 8.4 Legal costs If necessary, the company shall compensate, in addition to the insured amount, for an insured event, if and to the extent this is not compensated on any other basis: a. The costs of defence in civil proceedings instituted by the injured party against the company; b. The costs of defence in civil proceedings instituted by the injured party against an insured party, provided this defence is conducted under the control of the company; c. The costs of legal assistance, provided this takes place with the approval of the company, in criminal proceedings instituted against the insured party. 8.5 Damage to own motor vehicles In the following cases, the section Liability gives the right to compensation of damage to the own motor vehicle, and damage to other own motor vehicles. a. Damage to the insured motor vehicle itself The insurance gives the right to compensation of the damage to the interior of the insured motor vehicle, caused by (free) transport of injured persons. b. Damage to other motor vehicles of the policyholder Damage caused with or by the insured motor vehicle to another motor vehicle of the policyholder, including trailers, provided these are not connected to the damaging motor vehicle, shall be compensated, provided that: - The damage was caused by the fault of an insured party; - The damage was caused on the public road; - No other insurance applies to this damage. This coverage does apply to: 1. Damage caused by an event that took place in a building or on an area that is used by the policyholder or the owner of the motor vehicle, unless the motor vehicles involved in the event are only intended for private use; 2. Consequential and/or business damage caused by the event, unless there is depreciation of a motor vehicle only intended for private use. Art. 9 Exclusions Apart from the exclusions stated in article 3, the insurance does not cover damage: a. Consisting of bodily injury to the driver of the motor vehicle causing the accident; b. Caused by a person who does not have the explicit or tacit permission of a thereto authorized person to use the insured motor vehicle as a driver or occupant; c. Caused to transported items, except for travel luggage and personal property of the occupants present in the motor vehicle, to the extent that for this travel luggage, respectively personal property, no claims can be made on another insurance or facility. In that case only the damage exceeding the amount that the insured party can claim elsewhere, shall be compensated; d. Caused during loading and unloading, unless this damage was caused by use of a loading or unloading ramp; e. Damage to the connected, disconnected or dislodged trailer or caravan; f. Caused to movable property not transported in the motor vehicle, or immovable property belonging to the policyholder or the driver, without prejudice to the stipulations in article 8.5. Art. 10 Claims 10.1 Claim settlement with injured parties The company is entitled to pay damage compensation directly to the injured party or other insured persons/entities and to enter into a settlement with these parties. The decisions taken in this matter by the company shall be binding for the insured party. KOV AUT - CL AHW / / 7-20

8 10.2 Recourse If the company, pursuant to the Civil Liability Insurance Motor Vehicles Act, or an equivalent foreign act, is obliged to pay damage compensation without there being a covered event, the company is entitled to recover the amount owed on the policyholder and the liable insured party. The company shall not exercise this right of recourse: a. On the insured party, not the policyholder, who could assume in good faith that his liability was covered; b. On the policyholder, if he can show that the circumstances for which coverage is lacking, other than those stated in article 11.2 (nuclear reaction) and 11.8 (wilful damage) of the applicable General Terms and Conditions KOV ALG, that took place outside his knowledge or against his will, and for which in all reasonableness he cannot be blamed. Comprehensive Vehicle Insurance Limited Vehicle Insurance This section shall only apply if the policy schedule shows that this is co-insured. Art. 11 The insured parties The insured parties are the policyholder or the heirs of the policyholder if and to the extent that the interests left to them are at stake. Art. 12 Scope of the damage 12.1 Damage to the motor vehicle The insured amount for the motor vehicle, for which the premium is charged, is the listed value that is stated in the section Comprehensive or Limited Vehicle Insurance in the policy schedule. The listed value, increased with the standard co-insured accessories, free of premium, and possible additionally insured accessories, together form the maximum amount that will be compensated Insured accessories In the comprehensive or limited vehicle insurance there is a standard insured amount, free of premium, for accessories of 10% of the listed value, with a maximum of 5,000.=. If a higher insured amount is chosen, this will be stated on the policy schedule Covered events The policy schedule shows if the insured comprehensive vehicle insurance, respectively limited vehicle insurance applies. a. Limited vehicle insurance The following are considered covered events in limited vehicle insurance: 1. Fire, explosion, short-circuiting, spontaneous combustion and lightning strike; 2. Theft of the motor vehicle or parts thereof, fraud, burglary, joyriding, or an attempt to do so by other parties than the insured party himself, as well as damage caused during the time that the motor vehicle as a result of one of these events was not in the control of the insured party; 3. Breakage of one or more of the windows of the motor vehicle, including sunroofs, not accompanied by other damage to the motor vehicle, except by fragments of these windows (this window); also when caused by the nature of or a defect to the motor vehicle; 4. Storm and objects falling on the motor vehicle due to that storm; 5. Flooding, avalanche, earthquake or another act of God; 6. Impact of hailstones on the bodywork; 7. Collision with birds, roaming animals or animals crossing, to the extent that the damage was directly caused to the vehicle by that collision; 8. Riots or disturbances; 9. The crash of an airplane or parts thereof, as well as objects falling from an airplane; 10. External contingencies during transport of the motor vehicle by a professional transporter, as well as damage caused by hoisting and towing. b. Comprehensive vehicle insurance The following events apply to this coverage 1. Each event described under limited vehicle insurance; 2. Collision, slipping, turning over, going off the road or into the water, also if this is caused by the nature or a defect of the motor vehicle; 3. Any other external contingency. KOV AUT - CL AHW / / 8-20

9 c. Prevention requirements and theft security This insurance only covers damage due to damage to or loss of the insured motor vehicle, caused by (an attempt to) joyriding, theft or burglary, if the motor vehicle, at the time of the event, has a theft security system as stated on the policy schedule, that: 1. Is approved and certified by the SCM or an ex-works system approved by the insurers and; 2. Has been installed by an SCM certified company and is maintained or has been installed by the manufacturer or the importer and is maintained according to his instructions and; 3. Is turned on at the time of the damage and is in functioning condition and the motor vehicle is also locked properly. If a track and trace system is part of the agreed, respectively required security as stated in the policy schedule, the following also applies: 4. The policyholder shall have a subscription with a private emergency center, whereby immediately after the theft has been observed, the theft is reported to the private emergency center and; 5. If this systems works with an authorization key or code, in case of theft of the entire insured object, the authorization key or code is handed over to the company or to a third party to be appointed by the company. The policyholder shall show the presence and the prescribed regular maintenance of the required security system, e.g. by submitting the certificate and proof of purchase, as well as the maintenance invoices. Art. 13 Exclusions and excess 13.1 Exclusions a. Exclusions in general The insurance does not provide coverage if one of the exclusions stated in the chapter General (article 3) applies to the event. However, the company shall not invoke the exclusions in article 3.1 up to and including 3.5, if the policyholder can show that the circumstances referred to in those articles occurred outside his knowledge or against his will, and he cannot in all reasonableness be blamed for that. This also applies for the exclusion in article 3.6, unless the excluded circumstances concern the person for whom the alcohol exclusion has been explicitly made applicable in the policy. b. Inadequate care Damage due to theft is also excluded from the insurance if the insured party failed to exercise normal care to prevent theft. This means if the insured party: 1. Left the motor vehicle unattended with the motor vehicle keys, or 2. Left the motor vehicle without locking this, also including leaving the motor vehicle whilst failing to completely lock the car windows, sun roof or convertible roof, or c. Theft, loss of motor vehicle keys The insurance shall not compensate for loss of the insured motor vehicle if the policyholder after becoming aware that the motor vehicle keys were stolen or missing did not immediately take adequate measures to prevent the theft of the motor vehicle with the stolen or missing keys Excess The following scheme shall apply to the compensation established pursuant to article 14.5, for deduction of excess, or a combination of excesses: a. Excess The excess is nil, if the following condition(s) have/has been complied with: 1. The driver causing the damage was 24 years or older at the time of the damage event and 2. The damage under the comprehensive or limited vehicle insurance is established and repaired by a damage repair company selected by Meeùs or 3. Windscreen damage is involved and the repair or replacement is done by a windscreen repair company selected by Meeùs. KOV AUT - CL AHW / / 9-20

10 If these conditions are not complied with, an excess shall be deducted of: = if the damage was caused by a driver who is not yet 24 years old; = if the windscreen was not replaced by a windscreen repair company selected by Meeùs; = if the damage under the Comprehensive or Limited Vehicle Insurance was not established and repaired by a damage repair company selected by Meeùs; = if the damage under the Comprehensive or Limited Vehicle Insurance will not be repaired, unless there is total loss. b. Additional excess There is an additional excess for Comprehensive or Limited Vehicle Insurance) if: 1. Based on the insurance technical assessment or as a measure due to the course of the damage, the company finds this necessary; 2. This additional excess is stated explicitly in the policy schedule, possibly stating which specific damage event necessitated the applicability of this additional excess. If more than one of the above components applies to the damage event, the excess amounts shall be charged and deducted from the damage compensation. If the amount of the damage is less than the (charged) excess amount, no damage compensation shall be paid. No excess shall be deducted from a compensation that only applies to the daily allowance for total loss (article 14.6 a). Art. 14 Claims 14.1 Inspection of damage The insured party shall provide the company with the opportunity to inspect the damage Engaging an expert To establish damage compensation, the company can appoint one or more experts. In case of damage to or loss of the motor vehicle, the scope of the damage shall be established: a. Either in mutual consultation; b. Or by an expert appointed by the company. If there is a dispute between the policyholder and the expert appointed by the company, the policyholder is entitled to also appoint an expert to establish the aforementioned damage. If both experts fail to reach an agreement on the amount of the damage, they shall appoint a third expert. This expert, after hearing both aforementioned experts, shall provide a binding advice on the damage amount to be paid out, within the limits of both damage amounts. The salary and cots of all experts are to the account of the company. However, the salary and the costs of the expert appointed by the policyholder shall only be paid to the extent that this does not exceed the salary and the costs of the expert appointed by the company Reporting to the police, registration of theft and waiting period a. Obliged to report to the police The insured party is obliged to report to the police immediately in case of: - An event as stated in article 7.1 d of the General Terms and Conditions KOV ALG; - Joyriding; - Damage by unknown perpetrator (a.o. parking damage); - Damage by another party that has failed to stop after an accident. b. Registration of theft The policyholder states to agree, if the motor vehicle is missing, that this is registered with the Foundation Insurance Agency Vehicle Crime (VbV), so the company can engage private organizations, certified by the authorities, to find and return the motor vehicle. The insured party can also report the fact that the motor vehicle is missing directly to the VbV ( ), open 24/7. This does not prejudice the obligation to report to the police. c. Waiting period after theft The right to damage compensation shall be created after a term of 30 days has expired without the motor vehicle having been found, and after the insured party, at the request of the company, has transferred the ownership of the stolen insured items to the company. KOV AUT - CL AHW / / 10-20

11 14.4 Transfer of ownership rights If the motor vehicle is completely missing in the technical or economic sense, the company retains the right to offer the wreck through the NRM (Dutch Residual Value Market) or a similar organization, to establish the residual value or to have the wreck transferred to a party appointed by the company. Payment of the established damage compensation shall only take place after all parts of the registration, as well as the deed of ownership, have been received by the company Establishing the damage The following conditions apply to establishing the damage. a. General The company shall compensate: 1. In case of damage: the costs of repair, to the extent that these are no more than the value at the time of the event, with deduction of the residual value. 2. In case of complete loss, including loss by theft or fraud: the value at the time of the event, with deduction of the residual value. The compensation shall be no more than the insured amount stated on the policy schedule for the covered risk, unless an additional compensation as stated in article 14.6 or application of the new-for-old value or purchase value schemes, as stated hereinafter, exceeds this amount. 3. In case of complete loss, the costs of reinstalling undamaged accessories shall be compensated in addition to the established damage amount to a maximum of 10% of the insured value of all accessories; unless there is a settlement based on new-for-old value. The compensation is excluding VAT if the owner of the vehicle is entitled to deduct input VAT. b. New-for-old value scheme (15 months) Establishing the value shall take place according to the new-for-old scheme if the motor vehicle is a personal vehicle or delivery van belonging to the insured party and if the following conditions have been complied with: 1. If the insured section comprehensive vehicle insurance applies and 2. If the insured amount for this coverage on the policy schedule is no more than 80,000.= and 3. If the motor vehicle was new at the time that the Dutch registration was issued and 4. If the event took place within 36 months after issue of the first registration. The application of the new-for-old scheme means that the value of the motor vehicle, including accessories (provided these are co-insured) is established as follows: - The new-for-old value at the time of the damage, including the normal delivery costs. If the motor vehicle is older than 15 months, the value shall be decreased by 1.5% for all completely expired months or part of the month after the 15 th month. If the repair costs are more than 2/3 of the established value at the time of the damage, the insured party is entitled to compensation based on complete loss. The new-for-old scheme shall not apply to the replacing motor vehicle referred to in article 2.3. c. New-for-old value warranty (36 months) Establishing the value shall take place according to the new-for-old warranty if the motor vehicle is a personal vehicle or delivery van belonging to the insured party and if the following conditions have been complied with: 1. If the insured section comprehensive vehicle insurance applies and 2. If the policy shows that the new-for-old value guarantee was explicitly co-insured and 3. If the motor vehicle was new at the time that the Dutch registration was issued and 4. If the registration was registered in the name of the insured party no later than two months after it was issued and 5. This insurance was taken out before the vehicle was 15 months old and 6. If the damage event took place within 36 months after issue of the first Dutch registration. The application of the new-for-old warranty means that the value of the motor vehicle, including accessories (provided these are co-insured) is established as follows: - The new-for-old value at the time of the damage, including the normal delivery costs or; - The new-for-old value of a similar motor vehicle, if the same trademark, type and execution can no longer be delivered. If the repair costs are more than 2/3 of the established value at the time of the damage, the insured party is entitled to compensation based on complete loss. The new-for-old warranty shall not apply to the replacing motor vehicle referred to in article 2.3. KOV AUT - CL AHW / / 11-20

12 d. Purchase value warranty (36 months) Establishing the value shall take place according to the purchase value warranty if the motor vehicle is a personal vehicle or delivery van belonging to the insured party and if the following conditions have been complied with: 1. If the insured section comprehensive or limited vehicle insurance applies and 2. If the policy shows that the purchase value warranty was explicitly co-insured and 3. If the damage occurs within 36 months after commencement of the insurance and 4. If the vehicle at the commencement of the insurance was no younger than 2 months old or older than 84 months (7 years) and 5. The purchase value in case of comprehensive or limited vehicle insurance is no more than 100,000.= and 6. The original purchase invoice from a certified garage can be submitted. If this cannot be submitted, the purchase value shall be established to be 110% of the current value immediately prior to the damage event. The application of the purchase value warranty means that the value of the motor vehicle at the time of the damage event shall be established as follows: - The purchase value as shown from the original purchase invoice, respectively the proof of payment for the vehicle, taking into account the aforementioned. If the repair costs are more than the established current value deducted by the value of the remains at the time of the damage, the insured party is entitled to compensation based on complete loss. The purchase value warranty shall not apply to the replacing motor vehicle referred to in article 2.3. e. Visual and/or audio equipment / portable electronic accessories If the visual and/or audio equipment, considered to be part of the standard equipment or of the coinsured accessories, as well as portable electronic accessories, not being software, are damaged or lost, due to an event covered by comprehensive or limited vehicle insurance, the current value shall be compensated to no more than the amount stated in the paragraph hereinafter, before deduction of the applicable excess: 1. For built-in visual and/or audio equipment: The visual and/or audio equipment belonging to the standard equipment, provided the insured amount is adequate. Visual and/or audio equipment not belonging to the standard equipment to a maximum amount of 450.=, unless accessories are explicitly and adequately co-insured for a higher amount. 2. For portable equipment such as: compact discs, DVD and mp3 players, including the usual ancillary equipment and other tools, such as records, tapes, CDs, CD-Rom s, DVDs, memory sticks, cassettes, boxes, monitors, writing and printing units, to a maximum amount of 250.= per event for all objects jointly; 3. For portable navigation equipment (not pda s, notebooks or laptops), to a maximum amount of 500.= per event for all objects jointly. All of the above to the extent that the aforementioned portable equipment was not stored in sight in the motor vehicle Additional compensation If necessary, the company shall compensate a covered event over the insured amount: a. Current value for total loss If the insured party cannot use the motor vehicle, due to total loss, there is a compensation of 15.= daily, if no other claims to the use of replacing transport apply. The term for compensation shall commence at the time when the event was reported to us and shall last until the first moment that the insured party: - Either has the use of his own or a replacing motor vehicle again; - Or has received notification of payment. The maximum compensation term is 30 days. b. Compensation when the motor vehicle keys were stolen If there is no covered event as described in article 12.3, but the motor vehicle keys came to be in the possession of unauthorized persons, due violence connected to a break-in or a robbery, the costs incurred for altering the locks, or, if this is impossible, for replacing the locks, as well as the keys, shall be compensated. The compensation is no more than 3% of the insured amount for coverage for Comprehensive or Limited Vehicle Insurance. The theft or robbery has to be shown from a police report, explicitly listing the motor vehicle keys. KOV AUT - CL AHW / / 12-20

13 Assistance This section only applies if the policy shows that the section liability is co-insured. To exercise the right to assistance, please contact the Meeùs Helpline. The Meeùs Helpline shall make every effort and take those actions that can be expected from them in all reasonableness, to carry out the assistance (or have this carried out). If there are commitments undertaken by the insured party himself, such as renting a replacing vehicle, the insured party himself is responsible for complying with the obligations from such commitments. If, due to unforeseen circumstances, the assistance described in these terms and conditions cannot be offered immediately or fully, the Meeùs Helpline is entitled to offer an alternative, with any additional costs, even if these exceed the maximum amounts stated, to the account of the company. If the insured party refuses to use the offered alternative assistance, the right to assistance is cancelled as well the compensation or reimbursement of (additional) costs. Art. 15 Insured parties The policyholder, the owner, the holder or the authorized driver of the motor vehicle and the occupants that are travelling in the motor vehicle for free, at the time that the Meeùs Breakdown Help is requested. However, the number of occupants can be no more than the maximum number legally allowed for the motor vehicle. Art. 16 Assistance after an accident The costs of assistance as described hereinafter are insured, provided the assistance takes place by instruction of, respectively consent of, the Meeùs Helpline. The insured party is entitled to assistance and/or compensation of the costs, as described hereinafter in article 16.1 and article 16.2, if the motor vehicle and/or the coupled trailer can no longer drive due to an accident, fire or another exigent circumstance (not including only stopping due to mechanical failure) and/or the driver or the occupants can no longer drive the motor vehicle due to this accident Assistance after an accident in The Netherlands Assistance in The Netherlands includes: a. The transport of the damaged motor vehicle and/or trailer to an address in The Netherlands to be established by the insured party; b. The transport of the driver and the occupants with their luggage, by taxi or other means of transport to an address in The Netherlands to be established by the insured party, provided the transport takes place immediately after the accident. For assistance, please contact the Meeùs Helpline Assistance after an accident in countries outside The Netherlands The assistance in countries outside The Netherlands, but inside the insured territory includes: a. Compensating the necessary costs of salvage and towing of the motor vehicle and/or the trailer to the nearest garage where the damage can be assessed and/or repaired; b. Transporting the damaged motor vehicle and/or the trailer to an address in The Netherlands be appointed by the insured party, provided that: - This object cannot be repaired within 4 workdays possibly with provisional repairs to such an extent that the (return) journey can take place in a technically safe manner; - The costs of this transport are lower than the value of the damaged object. If the costs of transport are higher, the costs shall be compensated for importation or destruction of the damaged object in the country concerned. In that case, the insured party is also entitled to transport of luggage to The Netherlands. c. The costs of the return journey for the driver and the occupants, if, in accordance with the above, this cannot take place with the motor vehicle. The following transport costs are compensated: - Taxi to the nearest train station; - Train fare (2 nd class) to the railway station in The Netherlands, closest to the destination; - Taxi from that railway station to the destination. d. If the motor vehicle has comprehensive insurance, ordering and sending parts required to repair the vehicle and ensure that it is roadworthy, if these parts are unavailable (on the short term) locally. The costs of the parts themselves shall be to the account of the insured party. KOV AUT - CL AHW / / 13-20

14 All costs advanced by the company in connection to the assistance that are not covered by the above conditions, shall remain to the account of the insured party. The company is entitled to reclaim costs already incurred and/or to settle these costs with compensations yet to be granted. An advance payment can be demanded for amounts over 750.=. If assistance rights coincide, the Meeùs Helpline shall not refer to other assistance providers. The Meeùs Helpline retains the right to possibly recover the costs from other insurers. Art. 17 Assistance after breakdown In case of breakdown of the motor vehicle and/or loss of the driver due to illness or accident, this insurance covers assistance and/or compensation of costs as described hereinafter. The insured party is entitled to assistance, no more than 7 times in each insurance year (including assistance on location), and no more than 5 times within his own place of domicile. For motor vehicles older than 25 years at the time when these were first admitted in the insurance, there is no right whatsoever to assistance or repatriation. The journey home shall be organized in consultation with the Meeùs Helpline Covered territory for assistance in breakdowns The insurance covers assistance for all of The Netherlands, including the own domicile, as well as the countries outside The Netherlands in which the International Motor Vehicle Insurance Certificate (the green card) is valid and during the transport of the motor vehicle between those countries, except Iran. This coverage only applies if the motor vehicle is in those countries no longer than 180 days annually. Domicile means: the place of domicile of the insured party or the policyholder where the motor vehicle is garaged for regular use. Other towns within the same municipality are not considered place of domicile. For residents of the West Frisian Islands, the whole island shall be considered their domicile Right to assistance The insured party has a right to assistance in case of breakdown if: a. The assistance and/or the costs only occur in consultation with and after the approval of the Meeùs Helpline; b. The (emergency) assistance provider can offer help locally and safely on the side of the road; and c. The (emergency) assistance provider can reach the motor vehicle; and d. The motor vehicle can be made roadworthy within one hour after the service provider has reached the motor vehicle; and e. The (emergency) assistance provider himself can execute the help required using the means that he has at hand, respectively can have these necessary means delivered, respectively fetch these, within 30 minutes. There is a right to assistance if the driver is lost, in cases where: The driver falls ill during the journey or is in accident and according to medical opinion cannot or should not drive the motor vehicle and no one can take over driving the motor vehicle. The costs of the assistance are to the account of the company, provided that the required parts, fuel, oil and other materials shall be to the account of the insured party and possibly should be paid by the insured party to the (emergency) assistance provider on location. Any follow-up repairs are and shall remain to the account of the insured party. If the (emergency) assistance provider finds that no (provisional) repairs are possible on location and it is impossible/irresponsible to drive the motor vehicle any further, the insured party is entitled to transport of the motor vehicle to a garage (see for this article 17.4) Repairs on location The right to repairs on location by a professional (emergency) assistance provider or a thereto equipped garage, if (provisional) repairs are possible within approximately one hour. The costs of any required parts for the (emergency) repairs are not compensated. KOV AUT - CL AHW / / 14-20

15 17.4 Transport to a garage If repairing the motor vehicle on location or if (provisional) repairs within approximately one hour is not possible. a. Within The Netherlands: The right of transport to the nearest garage or to an address to be designated within The Netherlands, if this is within a radius of 25 km of the place of where the vehicle was stranded or broke down; or The right to transport to an address to be designated within The Netherlands, if this is outside a radius of 25 km of the place of where the vehicle was stranded or broke down. b. Outside The Netherlands: Transport to the nearest equipped garage. The ensured party is entitled to transport after a breakdown no more than twice annually, and no more than once annually within his own domicile Garaging / storage If transport to an equipped garage is impossible (e.g. because this garage is closed), the garaging and storage of the motor vehicle and transport to the nearest garage as soon as possible Transport of occupants (only in The Netherlands, outside The Netherlands see article 17.7) In principle, occupant(s) shall be transported in combination with the motor vehicle. If this is impossible, the costs in The Netherlands of the transport of the driver and the occupants to one address in The Netherlands by public transport, or, if this is impossible, the costs of transport by taxi are compensated Replacing transport / hotel costs / transport to final destination or home address / replacing Driver If the motor vehicle, after a breakdown in The Netherlands, has been brought to an equipped garage or another address within a radius of 25 km of the place of where the vehicle was stranded or broke down and cannot be repaired within 24 hours; or After the motor vehicle broke down outside The Netherlands and was brought to an equipped garage and cannot be repaired within 48 hours, the following is also compensated: Either: a1. Replacing transport The costs of replacing transport (rental car) in case of: Breakdown help within the domicile Breakdown help within The Netherlands Breakdown help outside The Netherlands For no more than: 1 days; 2 workdays; 4 workdays. If this is inadequate, this can be extended to the intended stay, for no more than 30 days, provided this is not covered by another insurance. The rental car in The Netherlands shall be no more than rental class B. In countries outside The Netherlands the rental car shall be used based on equivalent replacing transport, but no more than rental class D and provided this is available and local circumstances permit. The right to replacing transport is terminated as soon as the broken down motor vehicle has been repaired. Assistance after breakdown gives the right to replacing transport no more than twice annually. To claim compensation of replacing transport, the insured party shall comply with the conditions of the car rental company. Additional costs, such as: fuel, collision damage waiver, extension of the rental term, additional insurance, tolls, parking costs, fines, as well as any costs for not signing out the rental car correctly or bringing the rental car back too late, shall not be compensated. a2. Travelling expenses to the rental company The travelling expenses by public transport or by taxi to the car rental company. For taxi transport outside The Netherlands, there is a maximum of 100.= per event. Or: b1. Hotel costs If the breakdown does not occur in the own domicile, the hotel costs in The Netherlands (based on accommodation and breakfast) for one night with a maximum of 80.= (incl. VAT) per person per night, if the return journey is impossible; KOV AUT - CL AHW / / 15-20

16 Hotel costs (based on accommodation and breakfast) outside The Netherlands for the term of the repairs with a maximum of two nights with a maximum of 80.= (incl. VAT) per person per night, if the insured party (parties) has not yet local accommodation. The costs of other meals, telephone and other hotel facilities are not compensated. And b2. Travelling expenses to the hotel accommodation The travelling expenses by public transport or by taxi to and from the nearest hotel accommodation. For taxi transport outside The Netherlands, there is a maximum of 100.= per event. Or, only if the breakdown occurs outside The Netherlands: c. Transport to the final destination or the home address The costs of transport of the insured parties (party) to the final destination or the home address by train (2 nd class). If the single train journey lasts longer than 8 hours, the insured party can choose an airplane ticket (economy class). If the journey continues to the final destination, the additional travelling expenses are compensated to no more than the amount that the return journey to the home address would have cost, as well as the costs of public transport or taxi to the nearest train station or airport and to the final destination or home address. For taxi transport outside The Netherlands, there is a maximum of 100.= per event. Or, on loss of the driver: d. Replacing driver If, due to illness or an accident, the driver during the journey, cannot or should not drive the motor vehicle on medical advice, and no one else is willing or capable of driving the motor vehicle. In that case the Meeùs Helpline shall arrange for a replacing driver who will bring the motor vehicle and the travel company to the final destination or the home address. If medically safe, the driver can also accompany the replacing driver Collecting the repaired motor vehicle (inside or outside The Netherlands) If the insured party (parties) after having returned to the home address, have to collect the repaired motor vehicle at the equipped garage, the following is compensated for no more than one insured party: the travelling expenses by train (2 nd class). If the single train journey lasts longer than 8 hours, the insured party can chose an airplane ticket (economy class), as well as the costs of public transport or taxi to the nearest train station or airport and to the final destination or home address. For taxi transport outside The Netherlands, there is a maximum of 100.= per event Repatriating the unrepaired motor vehicle home (only valid outside The Netherlands) If the motor vehicle outside The Netherlands cannot be repaired within two workdays, the Meeùs Helpline shall organize and/or compensate the repatriating of the motor vehicle to an address in The Netherlands, as well as possible garaging costs to a maximum of 10 days. From the moment that the decision is taken to repatriate the motor vehicle, the motor vehicle shall be brought to the designated address within 10 workdays. If the motor vehicle cannot be left at the designated address, the Meeùs Helpline shall choose another location close by. Repatriation shall only take place if the costs of repatriation are no higher than the residual value of the motor vehicle. The Meeùs Helpline is not liable for theft or damage of luggage, materials, and personal items left in the motor vehicle Sending parts (only valid outside The Netherlands) If parts necessary for the repairs outside The Netherlands are not in stock or available, the costs and organization of the sending of the spare parts, including the necessary customs formalities. The costs of the parts themselves, as well as the repairs, shall not be compensated in the Meeùs Breakdown Service Obligations of the insured party (parties) a. The insured parties are obliged to have the motor vehicle serviced/ maintained on a regular basis and have the compulsory (MOT) inspections carried out. b. The insured parties are obliged, as soon as they are able to do so, to contact the Meeùs Helpline themselves. c. The insured parties shall follow the instructions of the Meeùs Helpline, give the necessary cooperation and submit all necessary information for proper assistance. KOV AUT - CL AHW / / 16-20

17 17.12 Personal details By instruction of the company, the Meeùs Helpline shall offer assistance in case of a breakdown. If the Meeùs Helpline deems this necessary to provide the proper assistance, it can request from the insured party, his family members or (emergency) assistance providers on location the details and provide these details directly to persons involved in offering emergency services. Art. 18 Assistance for trailers 18.1 Trailer This means: a touring caravan, trailer, folding trailer, or luggage trailer, coupled to the motor vehicle, provided this is registered in The Netherlands, when legally required, and has not been taken from a location or garaging address outside The Netherlands. The term trailer also includes the luggage taken on or in such a trailer, if this transport is legally allowed and the transported items are properly insured. There is also a right to assistance if only the trailer itself has broken down, as described in article 1.8, without the motor vehicle pulling the trailer having a breakdown or damage Additional and/or deviating conditions For assistance when the trailer breaks down: a. In case of a flat tyre, there is a maximum of twice annual assistance for each insurance year; b. The costs of garaging outside The Netherlands are compensated for a maximum of 14 days; c. The luggage is transported, if possible and allowed, in combination with the trailer, if the luggage cannot be transported in the vehicle pulling the trailer; d. Assistance shall be provided no more than twice in each insurance year, and no more than once during in insurance year inside the insured party s city of domicile; e. No transport of luggage shall take place if the journey can be continued with a replacing trailer; f. In case of breakdown outside The Netherlands, and if repairs within 48 hours are impossible: Either: A replacing trailer can be used for a maximum of 14 days. Using a replacing trailer shall take place if this is available and local circumstances permit. The right to a replacing trailer shall commence at the time that it has been established that the trailer cannot be repaired within 48 hours and shall end no later than on completion of the repairs to the trailer; Or: The trailer was used as holiday accommodation and no accommodation to stay on location had been arranged, the hotel costs for no more than 14 days based on accommodation and breakfast, with a maximum of 80.= (incl. VAT) per person per night. The following is not compensated: other meals, telephone costs and other hotel facilities. The right to a replacing trailer or compensation of the hotel costs is limited to twice during an insurance year. Art. 19 Exclusions Apart from the exclusions stated in the general and special terms and conditions, there is no right to assistance in case of breakdown, respectively compensation of the costs of assistance in case of breakdown if a. The event is not a breakdown, but an accident; b. The event concerns vandalism, theft or an attempt thereto of the motor vehicle itself or parts thereof; c. The insured party (parties) did not comply with the obligations in article 17.11; d. The immobilization is caused by the insured party s own actions. This includes, among others, the following: Loss, going missing, or theft of the motor vehicle keys; Lack of fuel (unless the fuel gage is shown to be defective) or frozen fuel; e. Inadequate measures have been taken to prevent or limit the breakdown; f. The insured party participates in, or drives as an assistance car in any form of motorized competitions whatsoever (race, rally, skid courses, test drives etc.); g. Alterations have been made to the motor vehicle that are contrary to the guidelines of the importer and/or manufacturer; h. The insured party (parties) has not given complete or truthful statements on the cause, nature of scope of the breakdown, the location of the breakdown or the final destination or the address details; KOV AUT - CL AHW / / 17-20

18 i. Assistance is or will be fully or partially provided by another party than the Meeùs Helpline; j. The insured party (parties) did not wait for the arrival of the (emergency) assistance provider called in, without notifying the Meeùs Helpline; k. The local laws or regulations have to be violated to offer assistance; l. The Meeùs Helpline has indications that the insured party (parties) wants to make improper use of the assistance; m. The insured party (parties) has used psychical, mental or verbal violence against the (emergency) assistance providers called in by the Meeùs Helpline, has threatened them or in any manner has behaved aggressively, resulting in the fact that in all reasonableness, due to the insured party s behavior, assistance cannot (no longer) be provided. This shall be assessed by the (emergency) assistance providers engaged; n. The insured party asks assistance for a second time after the first assistance. The Meeùs Helpline can refuse this request if: 1. The first assistance was terminated by request of or by the actions of the insured party; 2. The renewed breakdown of the motor vehicle was caused by the insured party not following the instructions of the (emergency) assistance provider(s). Art. 20 Compensation or reclaiming costs 20.1 Compensation of costs a. The costs of the assistance shall only be compensated if these were incurred in consultation with, and after consent of the Meeùs Helpline; b. The Meeùs Helpline is entitled to ask the insured party to initially advance certain costs, such as travelling, accommodation and rental costs; c. The costs insured within these terms and conditions and previously approved by the Meeùs Helpline, can be claimed from the company in arrears, within a period of three months, stating: the file number, the registration, and attaching the original invoices; d. The costs of parts and repairs are not covered by compensation of assistance Reclaiming the non-insured services and/or costs If the Meeùs Helpline or the company has compensated costs and/or services that are not covered by this insurance, the company is entitled to reclaim the costs already paid and/or to settle these with compensations still to be paid out. The insured party is jointly and severally liable and shall be obliged to pay the claims within 30 days after notification thereof. Failure to do so means that the company can collect these payments. For immediate assistance, as well as breakdown of the motor vehicle and/or loss of the driver, the Meeùs Helpline can be reached day and night. Damage to occupants This section only applies if the policy schedule shows that this is co-insured. Art. 21 Insured parties The insured parties are those parties who are in the motor vehicle, by consent of a thereto authorized person, at the time of an event as stated in article 22, on a thereto intended seat. Art. 22 Scope of the coverage 22.1 Damage The insurance gives the right for compensation of the damage to an insured party, as a result of the events described hereinafter. Damage means: a. Damage as a result of physical injury or injury to a person s health, fatal or otherwise; b. Damage as a result of damage to or loss of items carried by the motor vehicle, belonging to the personal household of the insured party; motor vehicles or trailers/caravans and the items carried therein are emphatically not included in such items carried Covered events A covered event is a traffic accident, i.e. collision, crash or running over, in which the motor vehicle is directly involved. KOV AUT - CL AHW / / 18-20

19 22.3 Accident during entering/exiting, fueling, emergency repairs The insurance also covers an accident during: a. Entering and exiting the vehicle; b. Refueling; c. Conducting emergency repairs en route, including also pushing the motor vehicle. Art. 23 Exclusions The insurance gives no right to compensation if one of the exclusions stated in the chapter General (article 3) applies to the event. The company, however, shall not invoke the exclusions in this article under 1 up to and including 5 if the insured party can show that the therein described circumstances occurred outside his knowledge or against his will, or if he cannot in all reasonableness be blamed for these. This also applies to the exclusion in article 3.6, unless the excluded circumstance concerns the person for whom the alcohol exclusion was explicitly made applicable in the policy schedule. Art. 24 Damage 24.1 Damage compensation for death or physical injury If damage is caused by death or physical injury, the damage compensation shall be established according to the same standards that apply if the insured party under Dutch law can claim damage compensation from the party (parties) responsible for the (traffic) accident Meaning of insured amount The insured amount in the policy schedule for this module is the maximum damage compensation paid out for an event for all insured parties jointly, irrespective of whom of the insured parties suffered damage. If the established damage compensation exceeds the insured amount and there is more than one insured party, the compensation shall be deducted for each insured party proportionally. The established damage compensation for each insured party shall then be multiplied by a factor equal to the insured amount, divided by the total of all established damage compensations jointly Culpability and/or not wearing seat belts In this insurance coverage, the possibility that the insured party (parties) is culpable for the (traffic) accident shall not be taken into account, except if this was due to intent by the insured party (parties). In that case no payments shall be made. A second exception is the situation that not using the seat belts can be proved to have contributed to the increase of the damage. In that case, the insured party s (parties) culpability shall be taken into account when establishing the damage compensation. In that case, the damage compensation to be paid out shall be deducted in proportion to the imputed extent of the insured party s (parties) culpability Damage compensation for damage to items If items are damaged, the insured party is entitled to compensation of the repair costs. If repairs cannot, in all reasonableness, be carried out, or if the repair costs are higher than the value (current value) of the damaged items at the time of the (traffic) accident, the difference between the current value and the residual value shall be paid out Coverage under the section Liability If, further to the event, the coverage under the section Liability can be invoked, compensation of damage shall first take place based on that section. KOV AUT - CL AHW / / 19-20

20 Clauses Schedule Trailer Insurance CL AHW If one or more of the following clauses numbers is in the policy schedule, the contents of this clause applies, in addition to, respectively in replacement of the stipulations in the general and/or special terms and conditions. The contents of an applicable clause can be an extension or a limitation of the coverage and therefore applies to the stipulations in the general and/or special terms and conditions. MP085 Additional stipulations for trailers From the terms and conditions KOV AUT, only the sections General and Comprehensive Vehicle Insurance apply to the insured trailer. Where the terms and conditions refer to motor vehicle please read trailer. The no-claim bonus scheme referred to in article 5 does not apply. In deviation of the prevention requirements referred to in article 12.3 paragraph c, the trailer has to have a wheel clamp or pole lock certified by the SCM. If it is shown after theft that this condition was not complied with, all rights to damage compensation are cancelled. Establishing and compensating the damage shall only take place based on the current value, as referred to in article 14.5 paragraph a. Contrary to the stipulations in article 13.2, an excess of 100.= shall apply to each damage event. KOV AUT - CL AHW / / 20-20