Vehicle Insurance Policy

Transcription

1 Vehicle Insurance Policy Insurance Guide Accident Care Terms & Conditions This document is a translation of our Policy Terms & Conditions document, which is provided for your information only. In case of any discrepancies between the Greek Policy Terms & Conditions (original document) and this document, the Greek version shall prevail.

2 MAPFRE ASISTENCIA TERMS & CONDITIONS ACCIDENT CARE INSURANCE COVER GENERAL & SPECIAL SERVICE TERMS MAPFRE Asistencia Compañia Internacional de Seguros y Reaseguros S.A., which shall henceforth be referred to as the Insurer, undertakes to provide Accident Care cover according to the following terms: A. DEFINITIONS Insurer The insurance company with registered name MAPFRE Asistencia Compañia Internacional de Seguros y Reaseguros S.A., registered on 473 Mesogion Avenue, Agia Paraskevi, Attica, Greece and with telephone number (+30) Contracting Party ERGO General Insurance Company S.A., registered on 97 Vasilissis Sofias Avenue, tel. (+30) Insured Vehicle The Insured Vehicle is the vehicle specified in the Car Insurance Policy into which the Insured has entered with ERGO S.A.. Insured persons The insured persons (who shall be referred to in this document as Insureds in the interest of brevity) are: 1. The owner and the lawful holder of the Insured Vehicle, as this is specified above; 2. The legal representatives of the owner and of the lawful holder of the insured vehicle, provided that these are legal entities; 3. The lawful driver of the Insured Vehicle at the time of the Accident in which it was involved. Accident Care Cover Certificate The Accident Care cover is certified on the document of the Car Insurance Policy into which the Insured has entered with ERGO S.A.. Assistance Request The Insured s obligation described in paragraph F.1 of this document. Indemnity The benefit in kind in the form of Accident Care services described in paragraph B.II ( Description of Insurance Cover ) of this document. Insured Event The occurrence of any of the events described in paragraph B.II ( Description of Insurance Cover ) of this document. Call Centre This is the Call Centre that the Insured must contact in the case of an Insured Event. The call centre s telephone number is printed on the Car Insurance Policy into which the Insured has entered with ERGO S.A.. Loss Every Accident of the Insured Vehicle that justifies an intervention by the Insurer. Accident Every unforeseeable and violent event that is not intended by the driver, relates to the Insured Vehicle and triggers the coverage of the Car Insurance Policy into which the Insured has entered with ERGO S.A.. B. VEHICLE COVER I. TIME AND TERRITORIAL LIMITS The Accident Care cover is provided 24 hours per day, 365 days per year, across Continental Greece and on the following islands: Andros, Evia, Corfu, Cephalonia, Lefkada, Zakynthos, Limnos, Thasos, Samos, Rhodes, Crete, Chios, Lesvos, Leros, Mykonos, Siros, Naxos, Paros, Sifnos and Aegina. ΙΙ. DESCRIPTION OF INSURANCE COVER The Insurer must provide to the Insured Persons the Accident Care Services during the effective period of the insurance, provided that the Insured Vehicle was involved in an Accident and that this caused any third-party liability or property insurance coverage under the Car Insurance Policy into which the Insured has entered with ERGO S.A. to be triggered and would justify the submittal of an accident statement. The Accident Care services are provided to the Insured using personnel that works for the Insurer or for partners thereof. The cover includes: 1. the dispatch of a specialised associate to the site of the Accident or to the location specified by the Insured (e.g. place of work, residence and so on) in order for that associate: a. to fill out and collect from the Insured, on behalf of Insurance Company ERGO S.A., the Accident Statement form, which must always be signed both by the Insured and by the Associate. 2 VEHICLE INSURANCE POLICY

3 b. help the Insured fill out, where this is deemed to be necessary, the European Accident Statement Form (Amicable Traffic Accident Statement). This form must always be signed by the Insured and by the third party involved in the Accident. c. take photographs of the Insured Vehicle and of all the third-party vehicles involved in the Accident so that their registration numbers and the damage caused to them due to the Accident will be visible. The Insured must provide the Associate with the Insured Vehicle s registration certificate, the driving license and the Car Insurance Policy into which the Insured has entered with ERGO S.A.. It is noted that: - If the Associate is requested to appear at a different time and at a different location than those of the Accident, it is essential that the Insured has the details of the third party involved in the Accident (at least the registration number of their vehicle). - For each Loss, there can be only one dispatch of an associate, save for exceptional circumstances, such as an injured driver who is unable to fill out an Accident Statement form and so on. 2. Dispatch of all the aforementioned statements, forms and photographs to Insurance Company ERGO S.A.. 3. Provision of Legal and Medical Advice. The Insured, either when he/she first contacts the call centre or at any later time, may request medical or legal advice over the telephone with regard to events related to an insured Accident. The information and advice will be provided by professional lawyers and doctors who will be in contact with the Insured by telephone, under the responsibility of the Insurer s call centre. Medical advice is available 24 hours a day, whereas Legal advice is only available on business days between 9.00am and 9.00pm. C. DURATION OF THE ACCIDENT CARE COVER The Accident Care insurance starts on the date specified in the Car Insurance Certificate entered into by the Insured with ERGO S.A. and will be in force for as long as said insurance policy remains in force, provided that the partnership between the Insurer and ERGO S.A. remains in effect. D. CLARIFICATIONS - SPECIAL CASES 1. a. The Accident Care cover does not entitle the Insured to request or agree the provision of services by any third party and to then claim from the Insurer the amount which the Insured paid or promised to pay to such third party. b. The Accident Care services consist of benefits in kind and not in cash. 2. The Insurer is not obliged to provide Accident Care services if: - weather conditions are unfavourable and the streets are hard to access due to flooding, fog, landslide, snow or ice and vehicles cannot move, even with the aid of snow chains. - the streets are inaccessible due to exceptional circumstances (earthquake, broken or faulty bridges and so on). 3. The Insurer reserves the right: to provide the personnel and equipment it chooses or to collaborate, at its own discretion, with natural or legal persons who/ which have the suitable means for providing the Insurer s services; E. EXCEPTIONS - FORCE MAJEURE This insurance cover does not apply in the following cases: a. During a period of war, hostile operations or revolts. b. For assistance during an earthquake or during natural phenomena of great intensity, provided that normal traffic conditions and the accessibility of the vehicle have not been yet restored. c. For damage caused by the direct or indirect effects of atomic energy, x-rays and radioactive elements in general. F. OBLIGATIONS OF THE INSUREDS 1. Upon the occurrence of each event that entitles the Insured to ask for Accident Care services, the Insured must immediately call - either himself/herself or a third party acting on his/her behalf - the Insurer s Call Centre, stating his/her full name and the registration number of the Insured Vehicle. The Call Centre s telephone number is printed on the Car Insurance Policy into which the Insured has entered with ERGO S.A.. Moreover, the Insured must fully inform the Insurer of the actual incidents that led to the Insured Event and must accurately specify his/her location. Finally, the Insured may ask the Call Centre to call, on the Insured s behalf, the Traffic Police or an Ambulance to the Accident site, if the circumstances of the Accident so require. 2. If the Insured fails to fully honour its obligations stemming from these insurance terms and conditions, the Insurer will be relieved of its obligations. 3. All the announcements and declarations made by the Insured must necessarily be submitted at the Insurer s offices. G. TIME-BARRING OF CLAIMS - DISPUTE RESOLUTION 1. All kinds of claims made by the Insured against the Insurer will be time-barred after four (4) years have lapsed since the end of the year in which these claims were made. 3 VEHICLE INSURANCE POLICY

4 2. Greek Law will be the applicable law and the Courts of Athens will be competent to resolve any disputes which may arise between the Insurer and the Insured. H. EFFECTIVE PERIOD These terms and conditions shall be in effect from 8/6/2011 onwards. On behalf of MAPFRE ASISTENCIA Compañía Internacionál de Seguros y Reaseguros S.A. MAPFRE ASISTENCIA Compañía Internacionál de Seguros y Reaseguros S.A. Greek Branch: 473 MESOGION ON AVENUE AGIA PARASKEVI TAX REG. NO: TAX OFFICE: FI Athens Tax Office for Commercial Companies Athens, June VEHICLE INSURANCE POLICY

5 VEHICLE RECOVERY DUE TO ACCIDENT INSURANCE COVER GENERAL & SPECIAL SERVICE TERMS MAPFRE Asistencia Compañia Internacional de Seguros y Reaseguros S.A., which shall henceforth be referred to as the Insurer, undertakes to provide Vehicle Recovery due to Accident cover according to the following terms: A. DEFINITIONS Insurer The insurance company with registered name MAPFRE Asistencia Compañia Internacional de Seguros y Reaseguros S.A., registered on 473 Mesogion Avenue, Agia Paraskevi, Attica, Greece and with telephone number (+30) Contracting Party ERGO General Insurance Company S.A., registered on 97 Vasilissis Sofias Avenue, tel. (+30) Insured Vehicle The Insured Vehicle is the vehicle specified in the Car Insurance Policy into which the Insured has entered with ERGO S.A. and provided that the provision of the Vehicle Recovery due to Accident cover is confirmed on said policy. Vehicle Recovery due to Accident is only available for: 1. Passenger cars for private use (non-rented) 2. Trucks for private use 3. Motorcycles over 250 cc. Vehicle Recovery due to Accident will only be provided to the above passenger cars and trucks if they meet the following requirements: A gross weight up to 3,500 kilos, a height up to 3 metres, a wheelbase length up to 3.60 metres and no dual (tandem) wheels on the rear axle. Insured persons The insured persons (who shall be referred to in this document as Insureds in the interest of brevity) are: 1. The owner and the lawful holder of the Insured Vehicle, as this is specified above; 2. The legal representatives of the owner and of the lawful holder of the Insured Vehicle, provided that these are legal entities; 3. The lawful driver of the Insured Vehicle at the time of the Accident in which it was involved. Insurance Certificate The Vehicle Recovery due to Accident cover is certified (where applicable) on the document of the Car Insurance Policy into which the Insured has entered with ERGO S.A.. Transportation Request The Insured s obligation detailed in paragraph F.1.a of this document. Indemnity The benefit in kind in the form of the services (Vehicle Recovery) described in paragraph B.II ( Description of Insurance Cover ) of this document. Insured Event The occurrence of any of the events described in paragraph B.II ( Description of Insurance Cover ) of this document. Call Centre This is the Call Centre that the Insured must contact in the case of an Insured Event. The call centre s telephone number is printed on the Car Insurance Policy into which the Insured has entered with ERGO S.A.. Accident Every unforeseen and violent event related to the Insured Vehicle which was not intended by the Insured and which renders the Insured Vehicle unable to freely continue on its course on its own. B. VEHICLE COVER I. TIME AND TERRITORIAL LIMITS The Vehicle Recovery due to Accident cover is provided 24 hours per day, 365 days per year, across Continental Greece and on the following islands: Andros, Evia, Corfu, Cephalonia, Lefkada, Zakynthos, Limnos, Samos, Rhodes, Crete, Chios, Thasos, Lesvos, Leros, Mykonos, Siros, Naxos, Paros, Sifnos and Aegina. ΙΙ. DESCRIPTION OF INSURANCE COVER The Insurer must transport the Insured Vehicle, during the effective period of this insurance, provided that the Insured Vehicle has been immobilised and cannot move on its own exclusively due to an Accident which triggered any third-party liability or property coverage of the Car Insurance Policy into which the Insured has entered with ERGO S.A. and would justify the submittal of an accident statement, which statement must be submitted exclusively through the Accident Care service. The vehicle is transported by personnel and means owned by the Insurer or by its associates. 5 VEHICLE INSURANCE POLICY

6 The cover includes: to have the Insured Vehicle transported to a repair garage or a location chosen by the Insured. If the Insured Vehicle is immobilised due to an Accident according to paragraph B.II of these insurance terms and conditions, the Insurer must transport the Insured Vehicle to the nearest suitable repair garage for repair or to a location chosen by the Insured, always within Greece and provided that the Vehicle cannot be repaired on-site at the location where it was immobilised to a degree that it can safely travel on its own. If the repair garage chosen by the Insured is closed at the time of the transportation due to this being a holiday or a weekend, the Insurer shall undertake the Insured Vehicle's storage and its subsequent transportation to the repair garage specified by the Insured on the first business day following its storage. If the Insured Vehicle remains in the storage area for reasons that are due to the Insured for more than three (3) business days after the Insured Event, the Insured must pay to the Insurer storage fees ( 5.00 per day) for the excessive period. It is pointed out that for each event, the Insurer s obligations towards the Insured are fully performed when the Insured Vehicle has been transported from the accident site to the location chosen by the Insured. In every case where a second transportation is required for the same event (e.g. from one repair garage to another), this will not be considered a provision of insurance cover (Vehicle Recovery due to Accident) under Law 3651/2008, Article 8, par.10 and therefore cannot be performed by the Insurer; instead, it can only be performed by a Public-Use Tow Truck Company, under the responsibility of and with all costs being borne by the Insured. NB: The Insured Vehicle will be transported to the location chosen by the Insured within a reasonable time frame and, in any case, within 48 hours. CLARIFICATIONS If the Insured Vehicle needs to be loaded onto a ship to be transported, the corresponding sea transportation costs shall be borne by the Insured, provided that the Insured would have paid for such costs even if the Accident had not occurred. The Insured must always carry the Car Insurance Policy document with him/her in order to prove that the Vehicle Recovery due to Accident cover is in effect. Otherwise, and in accordance with Greek Law 3651/2008 (on roadside assistance), the Insurer may refuse to provide any Indemnity. If, for the above reason, the Insurer refuses to serve the Insured and it is subsequently proven that the Insured was entitled to the Vehicle Recovery due to Accident cover, the Insurer must cover then expenses made by the Insured for the vehicle s transportation, up to an amount of 150 and after the Insured has produced the relevant payment receipts. If the broken glass coverage included, the Insured Vehicle is considered unable to safely move on its own and, therefore, the Insurer must transport it, however only if its front windscreen has been removed or completely destroyed. C. CONDITIONS AND DURATION OF COVER The Vehicle Recovery due to Accident cover comes into effect on the date specified in the Car Insurance Certificate entered into by the Insured with ERGO S.A. and will be in force for as long as said insurance policy remains in force with the relevant Vehicle Recovery due to Accident cover enabled. The insurance premium for the Vehicle Recovery due to Accident cover is not affected by the pricing factors applicable to the Motor Insurance Branch (such as the bonus-malus system, special discounts and so on). The Insurer reserves its right to readjust the insurance premium and modify the Vehicle Recovery due to Accident terms and conditions at every renewal of the Car Insurance Policy entered into by the Insured with ERGO S.A., or even to suspend the cover. D. CLARIFICATIONS - SPECIAL CASES 1. a. The Vehicle Recovery due to Accident cover does not entitle the Insured to request or agree the provision of services by any third party and to then claim from the Insurer the amount which the Insured paid or promised to pay to such third party. b. The services of the Vehicle Recovery due to Accident cover consist of benefits in kind and not in cash. In the case of force majeure, the Insurer may ask the Insured to pay for the necessary services himself/herself and then send the relevant payment receipts to the Insurer. Specifically in this case, the Insurer shall reimburse the Insured for the expenses in question. 2. The Insurer is not obliged: a. to transport the Insured Vehicle due to an Accident if: weather conditions are unfavourable and the streets are hard to access due to floods, fog, landslide, snow or ice and the repair vehicles and tow trucks cannot move, even with the aid of snow chains. the streets are inaccessible due to exceptional circumstances (earthquake, broken or faulty bridges and so on). b. to put snow chains on the Vehicle. c. to tow the Insured Vehicle when this is impossible due to the Vehicle having been immobilised in an underground parking station. d. to transport, tow or move other vehicles in order to free the Insured Vehicle. e. to transport the Insured Vehicle if it can be repaired at the location where it was immobilised to a degree that it can move safely on its own. f. to provide assistance if the Vehicle can be driven safely to the nearest repair garage. 6 VEHICLE INSURANCE POLICY

7 g. to transport an Insured Vehicle which is bearing a load if such load has not been previously removed so that the Vehicle can be transported safely. h. to transport a towed vehicle (e.g. a trailer). i. to transport an Insured Vehicle which has no number plates or has number plates which have been destroyed and are illegible. j. to hoist, recover or bring back the vehicle onto a public road if, due to an Accident, it has drifted off the road. 3. The Insurer is not responsible for: a. the Insured Vehicle s storage after it is transported to the location specified by the Insured. b. for any loss of or damage to personal belongings or components of the Insured Vehicle. 4. The Insurer reserves the right: a. to provide the personnel and equipment it chooses or to collaborate at its own discretion with natural or legal persons who/which have the suitable means for providing the Insurer s services; b. to use all available means which it finds to be expedient for transporting the Insured Vehicle; c. to serve other insured vehicles which it meets while transporting the Insured Vehicle. 5. Damage while transporting the Insured Vehicle: Generally, while transporting the Vehicle in Greece or abroad under the responsibility of the Insurer and the transportation agent, a report will be drafted describing the Insured Vehicle s condition before and after the transportation. This report, which must include all the possible damage caused to the Insured Vehicle while it was being transported, must necessarily be signed by the Insurer or the transportation agent and also by the owner/driver of the Insured Vehicle. Each party signing that report must receive one copy thereof. Any disagreements between the Insured and the transportation agent must be recorded in that report and must be reported by the Insured to the Insurer within 24 hours of the Vehicle s collection. No claim will be accepted if submitted outside of this 24-hour period. E. EXCEPTIONS - FORCE MAJEURE This insurance cover does not apply in the following cases: a. If the Insured Vehicle is being driven by a person who does not hold a driving license as required by Law. b. If the Insured Vehicle is being driven without the consent of its main or legal holder. However, cover will be provided if the Vehicle is immobilised by an Accident that occurred while it had been stolen, provided that the theft had been reported to the police. c. If the Insured Vehicle is being driven illegally, for instance without a vehicle license or without number plates or in violation of any compulsory legal provision. d. If the driver of the Insured Vehicle caused the Accident because he/she was driving under the influence of alcohol, toxic substances, drugs or medicine taken without a doctor s prescription or in excessive doses. e. If the Insured acted with malice aforethought or intentionally took any action which led to the Accident. f. If the request for assistance is submitted during a time of war and/or is directly or indirectly related to a declared or undeclared war, to hostile operations or to revolt. g. If the event for which assistance is being requested took place before this insurance cover came into effect. h. If the Insured Vehicle participates in official or unofficial races, practice runs, trials, competitions, stunts, shows or celebratory marches or is driven in a way that has been proven to be dangerous. i. For assistance during an earthquake or during natural phenomena of great intensity, provided that normal traffic conditions and the accessibility of the vehicle have not been yet restored. j. For Accidents caused by the direct or indirect effects of atomic energy, x-rays and radioactive elements in general. F. OBLIGATIONS OF THE INSUREDS 1. Upon the occurrence of each event that entitles the Insured to ask for the transportation of his/her vehicle due to an Accident, the Insured must: a. immediately call - either himself/herself or a third party acting on his/her behalf - the Insurer s Call Centre at the designated number, stating his/her full name and the registration number of the Insured Vehicle; b. fully inform the Insurer of the actual incidents that led to the Insured Event and accurately specify his/her location; c. not negotiate, accept or reject claims by third parties related to the Ιnsured Εvent without the Insurer s prior approval; d. use all the means available in order to mitigate the effects of the Insured Event and refrain from taking actions which would increase the cost of providing the assistance, except where justified. Any negligence by the Insured with regard to this obligation will entitle the Insurer to reduce the services it provides accordingly. If the purpose of this negligence was obviously to defraud or mislead the Insurer, then the Insurer will be relieved of all its obligations towards the Insured. 7 VEHICLE INSURANCE POLICY

8 2. If the Insured fails to fully honour its obligations stemming from these insurance terms and conditions, the Insurer will be relieved of its obligations. 3. All the announcements and declarations made by the Insured must necessarily be submitted at the Insurer s offices. G. TIME-BARRING OF CLAIMS - DISPUTE RESOLUTION 1. All kinds of claims made by the Insured against the Insurer will be time-barred after four (4) years have lapsed since the end of the year in which these claims were made. 2. Greek Law will be the applicable law and the Courts of Athens will be competent to resolve any disputes which may arise between the Insurer and the Insured. H. EFFECTIVE PERIOD These terms and conditions shall be in effect from 8/6/2011 onwards. On behalf of MAPFRE ASISTENCIA Compañía Internacionál de Seguros y Reaseguros S.A. MAPFRE ASISTENCIA Compañía Internacionál de Seguros y Reaseguros S.A. Greek Branch: 473 MESOGION ON AVENUE AGIA PARASKEVI TAX REG. NO: TAX OFFICE: FICE Athens Tax Office for Commercial Companies Athens, June VEHICLE INSURANCE POLICY