GENERAL TERMS AND CONDITIONS of CASCO Insurance
SCOPE OF INSURANCE COVERAGE
1. According to these General Terms and Conditions, PORSCHE VERSICHERUNGS AG – BULGARIA BRANCH, UIC 206308423, Sofia City, Mladost 4, Business Park Sofia, Building 12A, floor 2, hereinafter referred to as the Insurer, and the person referred to as the Insured in the relevant Insurance Policy hereby enter into this Contract for the insurance of road vehicles, excluding railway rolling stock, hereinafter referred to as the Insurance or the Insurance Contract.
ASSETS COVERED BY INSURANCE
2. The assets covered by insurance can be any road vehicle with Bulgarian plate numbers and own drive engine, and any trailer or semi-trailer attached to a road vehicle, hereinafter referred to as the vehicle, excluding railway rolling stock. New and newly imported vehicles without registration plate numbers or with transit plate numbers may be insured in exceptional cases by means of identifying them by their frame numbers. A vehicle covered by insurance can also be a vehicle with foreign registration plate numbers, subject to an additional agreement. The term "vehicle" which is used throughout the text below shall mean "insured vehicle", unless explicitly stated otherwise.
TERRITORIAL COVERAGE
3. The insurance coverage under these General Terms and Conditions shall apply to the territory of the Republic of Bulgaria, EU Member States, and the Green Card Member States (of the International Motor Insurance Green Card System) situated in Europe. Damages resulting from the risk of entire vehicle theft, vehicle robbery, fire and/or explosion due to a technical malfunction, intentional arson or explosion of a vehicle, shall not be covered, provided that such event occurred in the following countries: Russia, Ukraine, Belarus, Moldova, Montenegro, Kosovo, Albania, Bosnia and Herzegovina, or on the territory of the Green Card Member States (of the International Motor Insurance Green Card System) situated outside Europe, except for the Republic of Turkey.
RISKS COVERED – FULL CASCO
4. The following risks shall be covered under the Full Casco clause:
4.1. Fire and the following natural disasters: flood; volcanic action; landslides; storm; vehicle overturning or vehicle getting hit by airborne objects carried by storm winds; hurricane; stormy sea waves; pelting rain; lightning; hail; ice or compacted snow falling on a vehicle; objects falling accidentally as a result of the above-mentioned natural disasters;
4.2. Traffic accident;
4.3. Collision with and/or impact by other physical objects (if different from a traffic accident);
4.4. Malicious actions of third parties (vandalism);
4.5. Entire vehicle theft;
4.6. Entire vehicle robbery;
4.7. Fire and/or explosion due to technical malfunction;
4.8. Intentional arson or explosion of a vehicle
5. Eligible costs resulting from an insured event are additionally covered if spent to:
5.1. Reduce and/or limit the damage to the vehicle, including the replacement of a set of keys and locks due to theft, proven as appropriate;
5.2. Provide for the safekeeping of a vehicle for a period not exceeding 5 (five) calendar days;
5.3. Clean the interior of the vehicle;
5.4. Repair damage to the wheels and tires of the vehicle, under the following conditions:
5.4.1. Damage caused by events established with a declaration - up to two tires and two rims during the entire validity term of the Insurance Contract;
5.4.2. Damage caused by events certified with a document by the competent authorities or a bilateral statement of findings under Art. 496, para. 3, item 5 of the Insurance Code (IC) - without any restrictions.
GENERAL EXCLUSIONS
6. The Insurer shall not pay compensation for damages caused by:
6.1. Military drills or of a military nature, civil war, civil unrest, rebellion, revolution, insurrection, military coup or usurpation of power, acts of terrorism;
6.2. Radioactive products or pollution, ionizing radiation or a nuclear accident, violation of nuclear safety measures and requirements, which individually or in their entirety have resulted in exceeding the limits of or violating the environmental radiation impact according to the relevant Bulgarian or international standard;
6.3. Landslides, collapse of soil layers and masses due to excavation works, embankment works or other types of construction works, including works carried out at various sites, construction sites, dumping sites, waste landfills, quarries, mines, borehole drilling sites, exploration sites, etc.
6.4. An earthquake and/or the consequences thereof;
6.5. Committing an intentional crime with an insured vehicle;
6.6. Detaining, commandeering or confiscation of the vehicle by the competent state authorities;
6.7. Malicious actions of the Insured, members of the household of the Insured, employees of the Insured, the vehicle driver or the persons riding in the vehicle;
6.8. Taking the vehicle off the roads open for public use within the meaning of the Road Traffic Act;
6.9. The vehicle starting to move by itself, getting towed by another vehicle, transportation over rivers, water reservoirs and/or seas (by means of a recovery vehicle, train, ferry, etc.), lifting, relocation and lowering of the insured vehicle (by using a special-purpose vehicle);
6.10. During vehicle operation – damages caused by deliberate acts or by acts of gross negligence on the part of the INSURED or on the part of the INSURED’s family members or an authorized driver or any persons working for the INSURED or to whom the INSURED has provided the vehicle in exchange for rent or just to use the vehicle, or has leased out the vehicle, etc.;
6.11. Lost or damaged locking keys or keyless devices of the vehicle, including the replacement costs thereof, unless otherwise agreed;
6.12. Damages caused to a rented or leased out vehicle, unless otherwise agreed and an additional insurance premium has been paid;
6.13. Damages caused after renting or leasing out the vehicle or providing the vehicle for use to any persons with false identity documents or to persons with unidentified identities;
6.14. Violation of the standards or instructions for the operation and/ or technical maintenance of the vehicle, as provided by the manufacturer or included in the relevant legislation, concerning, for example, the regular oil change, replacement of filters and antifreeze, worn tires, etc.;
6.15. Engine damage caused by liquids (water, antifreeze, oil, etc.).
7. The Insurer shall not pay compensation for the following damages:
7.1. Wheel theft (incl. rims, tires or wheel covers) or any other detachable (removable) parts, assemblies, details and components of the vehicle (including but not limited to, catalytic convertors, and parts of the vehicle exhaust system);
7.2. Theft of accessories and equipment of the vehicle – tools, first aid kits, fire extinguishers, jacks, emergency warning triangle, etc.;
7.3. Theft of removable accessories, such as mobile phones, audio equipment, detachable panels to audio equipment, navigation systems, stands, etc.;
7.4. Theft of a soft-top (incl. folding frame hood) and/or the folding frame of convertible cars;
7.5. Damages resulting from an event in which the vehicle is rented or leased out, loaned for use or provided for use in any other form to a person who has identified himself/herself with a false or forged identity document;
7.6. Entire vehicle theft, theft of parts, assemblies, details or insured equipment without breaking into the vehicle – when the theft occurs after leaving the vehicle unlocked, or after leaving the key inside the vehicle, or after leaving the vehicle with open windows, or after leaving the vehicle with a folded soft top (in case of a convertible car), or after leaving the vehicle with malfunctioning, not switched on, inactivated or removed alarm system or vehicle immobilizer or second immobilizer and/or active tracking system, provided that the Insurer has requested such system;
7.7. Theft of separate parts and assemblies, units, accessories and equipment that are on the outside of the vehicle. Damage to the vehicle as a result of such theft shall be compensated. This exception shall not apply in the case a vehicle theft and subsequent finding of the vehicle;
7.8. Theft of an audio system with a removable panel - when the INSURED fails to take the panel to the INSURER;
7.9. Damages to the electrical system, resulting from an outdated or damaged insulation, or fuses with non-standard technical parameters (e.g. resistance, etc.) for the vehicle;
7.10. Loss of commercial value, downtime, loss of day's business, loss of profit, or any penalties due;
7.11. Damages to an insured vehicle with a non-authentic and/or non-standard frame number;
7.12. A vehicle which at the time of making the Insurance Contract is the subject of crime without the insurer knowing this;
7.13. Damages to parts, assemblies or details of the vehicle which are not presented for inspection to the Insurer;
7.14. Taking possession or control of the vehicle within the meaning of the Criminal Code of the Republic of Bulgaria;
7.15. Damages to the vehicle tires – resulting from malicious acts of third parties (piercing, cutting, etc.), except for similar damages to a tire manufactured within 60 months prior to such event. When reimbursing costs for a replacement tire, the following conditions for depreciation of the insured tire apply: Upon occurrence of an insured event in the period from the 1st to the 12th month, counted from the date of manufacture of the tire (measured by DOT code) or from the date of purchase of the insured tire, the insurer covers 100% of the value of the tire. For each subsequent year, depreciation in the amount of 15% is applied. The insurer is not liable for payment of compensation for tires with a manufacturing date (measured by DOT code) exceeding 60 months;
7.16. Damages to the vehicle tires – resulting from a road accident, except when the accident is attested by a document issued by the competent authorities in accordance with the relevant legal procedure;
7.17. Damages to defective parts and components, including to individual components thereof, whether or not the defect becomes evident within or outside the term of the manufacturer's warranty;
7.18. Damages to the upholstery, parts and details located in the passenger compartment or cab of the vehicle – if caused by the driver or by persons riding in the vehicle, or by animals, unless the damages are resulting from a road accident;
7.19. Any missing items and/or damages to the vehicles, as attested, described and/or photographed upon the conclusion of the Insurance Contract, unless after their repair or remedying the vehicle is presented to the Insurer for additional inspection, and the replenishment of missing items/repair is reflected in writing in an addendum to the Insurance Policy. If in the cases under the preceding sentence the insured value has been increased as a result of the repair, and the Insured wishes the insured value to be reflected in the Insurance Policy, the Insurer shall be entitled to increase the insurance premium amount accordingly.
7.20. Damage to the vehicle tires and/or wheels, including scratches, abrasion, etc., provided that such damage does not impair their functional life and does not impede their intended use.
SPECIAL EXCLUSIONS
8. In addition to the General Exclusions of the Insurance Contract, the Insurer shall not pay compensation for:
8.1. Damages caused during the driving of the insured vehicle by a driver who does not have a valid driving license as of the date of the insured event and for the relevant vehicle category in the Republic of Bulgaria;
8.2. Damages caused by a driver under the influence of alcohol in excess of the legal limits and while driving the insured vehicle in the relevant country where the event occurred, or a driver who refused an alcohol test or obstructed an alcohol test or is under the influence of drugs or other narcotics, or left the scene of the road accident before the competent state authorities were able to inspect the scene;
8.3. Damages caused by using the vehicle not as intended, such as (but not limited to): taxi cab duty, training, participation in competitions, tests or other similar activities, unless the relevant use is explicitly stated in the Insurance Contract and an additional insurance premium has been paid;
8.4. Damages caused while driving a vehicle which has been legally suspended from road traffic;
8.5. Damages caused while driving the vehicle with a tire tread depth of less than 4 mm in the period from 15 November to 1 March, or with tires which visibly are not consistent with the road conditions or with the manufacturer's specifications;
8.6. Damages to the vehicle caused by improper cargo stowage and securing or transporting the cargo in poor packaging; overloading, including damage during loading and unloading due to caving in or collapsing of the ground on which the loading or unloading activities are taking place;
8.7. Damages caused by a technical malfunction during the warranty period of the vehicle;
8.8. Damages caused during the transportation of flammable, explosive or corrosive substances, except for fuel, oils or other similar products transported in vehicles intended for this type of goods, as well as fuels and oils needed to keep the vehicle running;
8.9. Damage caused to goods or items transported in the vehicle;
8.10. Damages caused in the case of an unlocked vehicle with its doors/cargo compartment not properly closed, contact key in the slot or in the vehicle - in case of vehicle theft;
8.11. Entire vehicle robbery, damages to a vehicle following a theft or robbery, burglary of audio and navigation equipment permanently mounted in the vehicle – provided that insurance coverage is due under any other provisions of these General Terms and Conditions, where one of the following circumstances is present:
8.11.1. The damages have occurred prior to the registration of the insured vehicle with the Traffic Police and the affixing of permanent Bulgarian plate numbers, unless otherwise agreed;
8.11.2. The vehicle theft protection system – an immobilizer, a second immobilizer or other protection means, as required by the Insurer for concluding the Insurance Contract, was not installed or was removed or was defective due to a fault of the Insured or the Insurer;
8.12. Damages resulting from any structural changes made to the vehicle in violation of the relevant standards, such as any tuning, etc.
SPECIAL ARRANGEMENTS
9. The following special additions can be agreed to the FULL CASCO Clauses:
9.1. Official service center: can be agreed for a vehicle which is up to 5 (five) years old (from the first registration date) and with a minimum insurance premium according to the INSURER's Tariff. In the case of an insured event, the INSURER shall cover the costs of repairing partial damages to the insured vehicle done at a service center of the official representative of the relevant vehicle brand. For vehicles which are older than 5 years and up to 8 years inclusive, this special official service center arrangement can be provided only for cars or lorries with a gross weight of up to 3.5 t, and for buses (15 +1 seats), provided that the insurance premium is additionally increase according to the INSURER's Tariff.
9.2. Trusted service center: can be agreed for a vehicle which is up to 10 (ten) years old, including with a minimum insurance premium according to the INSURER'S Tariff. In the case of an insured event, the INSURER shall cover the costs of repairing partial damages to the insured vehicle done at a service center which is either expressly specified by the INSURER or is approved in writing by the INSURER for the specific case.
9.3. Expert assessment: in the case of an insured event, the amount of the insurance compensation due shall be based on the INSURER's assessment, where the Insurer shall deduct the remaining outstanding deferred premium instalments from the insurance compensation, and the resulting amount of the insurance compensation shall be paid to the Insured.
9.4. Repairs abroad: in the case of an insured event abroad which is covered by the Policy and as a result of which the insured vehicle is not able to move on its own power, the INSURED may carry out provisional repairs in the amount of up to EUR 1,500 to enable the vehicle to be driven to the nearest holding place for vehicles. If the amount of the insurance compensation is in excess of EUR 1,500, insurance deductibles of 15 % (fifteen percent) greater than the predetermined amount shall be applied, except for events for which the other driver is to blame. The amount spent for provisional repairs may not exceed 10 % (ten percent) of the insured amount for the vehicle. The Insurer shall indemnify the costs incurred for parts and labor which do not exceed the average market costs in the country where the parts were purchased or the repair was carried out. The Insured and/or the insuring party shall notify the Insurer as soon as possible by the phone and/or in writing by the e-mail specified in the Policy, and explain in detail the circumstances related to the event, the damages and the extent thereof; If possible, the Insured will have to provide photos of all four sides of the damaged vehicle prior to the repair, which show the vehicle registration plate numbers and the damages. Provisional repairs can be carried out after obtaining the consent of the INSURER. If the INSURED carries out the repairs without such consent, the INSURER may reduce the amount of the insurance compensation or refuse to pay it in full.
SPECIAL REQUIREMENTS
10. Upon entering into the Insurance Contract, the policyholder shall ensure that the vehicle is equipped with a properly installed and functioning alarm system and/or immobilizer.
11. The INSURER shall be entitled to request the installation of additional means of protection (an active GPS tracker or a second immobilizer), which shall be indicated in the Insurance Policy. The installation of the additional means of protection shall be carried out by a specialized company or at a specialized service center, as indicated by the INSURER, and until the completion of such installation none of the following risks shall be covered: Entire Vehicle Theft and Entire Vehicle Robbery.
12. Evidence of installed additional means of protection, as required by the INSURER, shall include a handover and acceptance report issued by the relevant specialized company/service center, certifying the installation or maintenance of additional means of protection, as well as the type and number of the activating devices/attachments handed over to be used with the additional means of protection.
13. In the case of lost or stolen locking device (inclusive of a loss or theft of the relevant remote control only) and/or Registration Certificate and/or registration plate numbers, the INSURED shall notify the competent government authorities and the INSURER within 24 (twenty-four) hours.
14. Until the replacement of such lost/stolen locking device (inclusive of the relevant remote control only) and/or Registration Certificate and/or registration plate numbers, the risk coverage shall exclude both the Entire Vehicle Theft and Entire Vehicle Robbery.
15. Throughout the term of the Casco Insurance, the Insured shall:
15.1. Immediately state in writing before the Insurer any material circumstances regarding the vehicle which have become known to the Insured after the conclusion of the Insurance Contract and about which circumstances the Insurer inquired at the time of entering into the Insurance Contract;
15.2. Take care of the insured vehicle as a good owner;
15.3. Take all necessary actions to reduce and/or limit any damage in the case of an insured event, while taking the actions necessary for the subsequent rights of recourse of the Insurer;
15.4. Make the vehicle available for inspection by the Insurer prior to remedying the damages and in the condition in which the vehicle was immediately after the insured event;
15.5. Present the documents required by the Insurer and related to the establishment of an insured event;
15.6. Not leave in the vehicle any of the two parts of the vehicle’s Registration Certificate.
INSURED AMOUNT, ACTUAL VALUE AND INSURER’S LIABILITY
16. Unless expressly agreed otherwise, the insured amount for the insured vehicle shall be equal to the vehicle’s actual insured value as at the date of the insured event.
17. The actual insured value of the entire vehicle shall be determined by the INSURER depending on the vehicle’s manufacturing year, technical condition, appearance and mileage, as follows:
17.1. Actual value of the vehicle at the time it was acquired brand new – the value recorded in the invoice for the vehicle purchase will be accepted, provided that a period not longer than 6 months has elapsed from the issue date of such invoice, and a period not longer than 12 months – from the vehicle’s manufacturing date.
17.2. In all other cases the actual value of the vehicle as at the date of the insured event shall be set through an expert assessment according to the relevant methodology of the INSURER.
18. The vehicle’s insured amount may also include the value of any fixed installed additional equipment in the vehicle, as determined according to the INSURER’s methodology. The total value of the additional equipment installed in the vehicle may not exceed 30 % (thirty percent) of the insured amount.
19. The insured amount shall be set in BGN or EUR.
20. The INSURER’s liability for the following risks: Entire Vehicle Theft, Entire Vehicle Robbery, and Total Loss, shall be up to the insured amount agreed and recorded in the Insurance Policy by and between the Insurer and the Insured/Insuring Party but not more than the actual value of the insured vehicle as of the date of the insured event and provided that the conditions of supplemental insurance after partial damage are met.
21. For damages evidenced only with a written declaration of the INSURED, without providing any information regarding the agent causing the damage, including the case when the INSURED does not provide any document evidencing the damage and issued by the competent authorities or a bilateral statement of findings under Art. 271, para. 3, item 5 of the Insurance Code (IC), evidencing the occurrence of the insured event, the INSURER’s liability shall be up to three insured events during the term of insurance, subject to the restrictions set out in the next clause 22.
22. The INSURER shall compensate the following types of damages during the validity term of insurance based on a written declaration of the INSURED in the cases under the preceding clause, as the total amount of compensation may not exceed 20% of the sum insured in total for the three claims:
23. Damage to external major body parts such as bumpers, fenders, doors, front/rear covers, panels, side skirts and roof, but not more than eight external major body parts in total under the three claims;
24.Damages to the drivetrain of the vehicle which have not resulted in inability of the vehicle to move on its own power, where the damages are due to accidental passing over an object on the roadway or structural road components – raised road shoulder, curb, etc.;
25. Damages to the windows, mirrors and standard fitted lamps.
26. After payment of compensation for partial damage to the vehicle, the vehicle shall be considered to be insured to an amount equal to the difference between the insured amount and the insurance compensation for partial damage paid out, except for cases where the INSURED has provided all the necessary evidence for exercising the right of recourse against the perpetrator of the damage or against the perpetrator’s insurer under Third Party Motor Liability Insurance, and such evidence has been accepted as sufficient by the INSURER.
27. After fixing a partial damage to the vehicle the INSURED shall be entitled to supplementally insure the vehicle up to the full insured amount under the Policy by paying an additional premium. The agreed amount of the insurance deductible shall be deducted from the amount of each insurance compensation.
INSURANCE PREMIUM
28. The insurance premium is the amount that the Insured shall pay to the Insurer for protection against the risks covered by the Policy.
29. The insurance premium amount shall be determined according to the Insurer’s Tariff effective as at the date of signing the Insurance Contract.
30. The insurance premium shall be paid as one-time payment upon the conclusion of the Insurance Contract, or in deferred installments, provided that this is agreed in writing by the parties.
31. In the case of an insured amount determined in a foreign currency (Currency Clause), the one-time premium or the deferred installments thereof shall be paid in the relevant foreign currency or in BGN at the central exchange rate of the BNB on the day of the payment.
32. In the case of non-payment or partial payment of an installment due, when a deferred payment of the annual insurance premium has been agreed, the Insurance Contract shall automatically terminate at 12:00 a.m. on the 15th day from the relevant maturity date as specified in the Insurance Policy, unless otherwise agreed in writing between the parties.
SUPPLEMENTAL INSURANCE
33. Supplemental insurance shall be made based on compensation paid out for a partial damage to the vehicle in order to restore the entitlement to the full insured amount.
34. The total amount of all insurance compensations paid out during the insurance period may not exceed the insured amount agreed, unless supplemental insurance has been acquired.
35. If prior to the occurrence of an insured event under the Insurer’s liability for any of the following risks: Entire Vehicle Theft, Entire Vehicle Robbery, and Total Loss under the same Policy, compensation for partial damages was already paid out and no supplemental insurance was acquired, then all such amounts already paid for partial damages will be deducted from the compensation due by the Insurer for such event.
36. In the case of supplemental insurance of the vehicle, an addendum to the Policy shall be issued, according to which the INSURED shall pay in full an additionally accrued premium calculated according to the Insurer’s methodology, which shall mandatorily include supplemental insurance for all partial damages paid for so far.
37. Supplemental insurance can be acquired within 30 days after compensation payment or getting the vehicle back after repairs at an official/trusted service center. No supplemental insurance can be acquired if less than 1 (one) month remains until the expiration of the insurance period.
INSURANCE DEDUCTIBLE
38. The insurance deductible can be an absolute amount or percentage of the insurance compensation, as specified in the Policy, which the INSURED would pay before the coverage kicks in.
39. The Insurance Contract shall be made by applying a mandatory unconditional insurance deductible, as determined by the Insurer according to the extent of each damage (for the Insured in the amount of at least EUR 55 or 107,57 its BGN at the BNB fixing rate).
40. The insurance deductible shall not apply in case of total loss and total damage.
41. If the fixed compensation is equal to or less than the insurance deductible, then the Insurer shall not pay insurance compensation.
CONCLUSION, TERM, TERMINATION OF THE INSURANCE CONTRACT
42. The Insurance Contract shall be made on the basis of a written Proposal from the Insured, prepared according to a template of the Insurer, which Proposal shall include information about the vehicle and other important information for the Insurer. In addition, the Insurer may also request in writing other information which in the Insurer’s opinion is important for the insurance risk assessment. The Insurance Contract shall be considered agreed from the moment when an Insurance Policy is issued and an insurance premium is paid on the Policy, or in the case of deferred payment – an initial installment, unless otherwise agreed.
43. The Proposal from the Insured, the Insurer’s Questionnaire signed by the Insured, the General Terms and Conditions, the Special Terms and Conditions, provisions and any addendums to the Insurance Policy shall form an integral part of the Insurance Contract.
44. Upon entering into the Insurance Contract, the Insured shall present a Registration Certificate of the vehicle, and a document evidencing the ownership of the vehicle if the owner is different than the owner in the Registration Certificate.
45. Upon entering into the Insurance Contract, the vehicle shall be in good technical condition, and proof of a valid technical inspection for the year of insurance shall be presented, unless the vehicle has been legally suspended from road traffic in accordance with the established procedure. The Insurer may not agree to make the Insurance Contract valid and binding if the vehicle is in poor technical condition.
46. Upon entering into the Insurance Contract, the vehicle shall be inspected and photographed for the purpose of vehicle identification, determining the vehicle’s actual value at the time of concluding the Insurance Contract, and establishing the vehicle’s technical condition and any missing items or damages. No inspection shall be necessary for insuring a brand new vehicle (as evidenced by a purchase invoice).
47. The Insurer shall not be held liable for existing damages to the vehicle ascertained at the time of concluding the Insurance Contract, or for any implications thereof - until their remedying, about which the Insured shall notify the Insurer. The elimination of the damages shall be recorded on the Insurance Policy by an authorized representative of the Insurer or documented by issuing an addendum and/or vehicle inspection report enclosed to the Policy.
48. If the Insured used fraud or deception at the time of concluding the Insurance Contract, the Insurance Policy shall be invalid, however, the Insurer shall retain all rights to the premium.
49. The Insurance Contract shall be made for a period of one (1) year, and shall become effective from 12:00 a.m. (midnight) at the beginning of the day following the day of signing the Contract (unless otherwise agreed in the Policy), provided that the full premium due or the first installment of a deferred premium has been paid within the period specified by the Insurer, and shall end at 12:00 a.m. (midnight) at the end of the day set as the deadline of the Insurance Contract. The Insurance Contract can be made for a period shorter or longer than one year by mutual agreement between the parties. If the parties have agreed the insurance premium to be paid in installments, the relevant amount and maturity date of each installment shall be indicated in the Insurance Policy.
50. The Insurance Contract shall not be valid and binding if the Insured has failed to pay the insurance premium due or the first installment of a deferred insurance premium or has not paid the latter in full when the parties have not agreed in writing to defer payment, and also if the Insured has failed to bring the car for inspection and taking photographs (not applicable to a brand-new vehicle). In the case of non-payment of an installment from the deferred insurance premium, the Insurer may reduce the insured amount, amend or cancel the Insurance Contract. The insurer shall explicitly indicate in the Insurance Policy which of the Insurer’s rights under the previous sentence shall be exercised after 15 (fifteen) days from the deferred installment’s maturity date have elapsed. If the Insured pays the premium or installment due within 30 (thirty) days from the beginning or from the deferred installment’s maturity date, the Insurance Contract shall be reinstated and become effective from 12:00 a.m. (midnight) at the beginning of the day following the later of the two dates: the day of receiving payment for the premium or the installment, and the day on which the insurer has inspected and taken photographs of the vehicle.
51. An Insurance Contract made for a period of more than 6 (six) months may be terminated at all times by:
51.1. The Insurer – by giving one month's written notice to the address and/or e-mail of the Insured;
51.2. The Insured – by giving one month's written notice to the address and/or e-mail of the Insurer.
52. In the case of premature termination of the Insurance Contract by:
52.1. The Insurer – the Insurer shall return to the Insured a portion of the insurance premium calculated pro rata to the time from the insurance termination date to the the insurance expiry date;
52.2. The Insured – the Insured shall be entitled to get back the remaining portion of the insurance premium after deducting the premium due for the period from the commencement of the insurance to the insurance termination date calculated pro rata on a monthly basis. The insurer may additionally deduct up to 20 % (twenty percent) of the annual insurance premium for administrative expenses.
53. The return of the premium under the previous points shall be made, provided that no compensations have been paid out and/or are going to be paid out.
APPLYING BONUS MALUS RATIO
54. The Insurer may at its sole discretion apply a Bonus Malus ratio upon renewal of the Insurance Policy.
55. Bonus usually is a discount in the premium amounting to a percentage of the insurance premium due but not more than 20% (twenty percent), which is given on the renewal of the policy if no claim for an insured event is made under the previous policy(s), or if such event occurred but the Insurer has fully exercised its rights of recourse against the person liable for the damage suffered.
56. In the case of changing the vehicle ownership, the right to the Bonus shall not be transferred to the new owner of the vehicle, unless otherwise agreed in writing.
57. Malus is an increase in the insurance premium on the grounds of high claims ratio (in excess of 60%) during the previous insurance period. The Malus amount shall be determined according to the relevant tariff of the Insurer. The amount of recourse damages (paid and/or pending) shall not be calculated when determining the damage quota.
58. The application of bonus/malus ratio shall not be applied if agreed with an additional agreement between the Insurer and the Insured.
DEFINITIONS
59. For the purposes of these General Terms and Conditions, the terms used shall have the following meanings:
59.1. Vehicle: a motor vehicle (within the meaning of the Road Traffic Act).
59.2. Insurer: Porsche Versicherungs Aktiengesellschaft, Salzburg, Austria, company ID number FN 64820 z, acting through Porsche Versicherungs AG – Bulgaria Branch, a branch of a foreign trader, UIC 206308423
59.3. Insured: a natural person or legal entity, as the owner of the insured vehicle.
59.4. Insuring party: a natural person or legal entity that makes an Insurance Contract with the Insurer and is a party to such Contract. The insuring party can be either the Insured or a third party that is using the vehicle under contract, such as rented or leased out vehicle, loaned for use vehicle, etc., and/or authorized use under a Power of Attorney (POA).
59.5. Insured event: a covered policy risk occurring during the insurance coverage period.
59.6. Insured amount: an amount of money that is agreed between the Insured and the Insurer in the Insurance Policy, and that is always the maximum limit of liability of the Insurer under the Insurance Contract .
59.7. Actual value of the vehicle: the vehicle's actual cash value which can buy another vehicle of the same type and quality to replace the insured vehicle.
59.8. Fire is the visible effect of combustion with flaming or embers, not confined to a specific place, spreading and causing partial damage to property or destroying it completely. Damage to motor vehicles resulting from fire is expressed in full or partial burning, scorching, smoking or contamination by the action of water, foam or other substances used for fire suppression, melting, scorching or charring due to contact with a very hot object, and damage resulting from smoldering fires.
59.9. An explosion is a sudden and extremely vigorous outward release of energy caused by a rapid release and expansion of high-pressure gases or vapors. An explosion of pressure vessels (steam boilers, pipes, etc.) can be considered as such only if the walls of the vessel are torn to such an extent that indicates a sudden equalization of pressure inside and outside the vessel. A delibarate explosion is a malicious act of a third party.
59.10. Storm, Hurricane. Storms and hurricanes are violent meteorological phenomena which typically develop sustained wind speeds of more than 15 m/sec and of more than 30 m/sec respectively. Storms and hurricanes include whirlwinds and tornadoes. Damage to motor vehicles resulting from a storm or hurricane is expressed in tearing down, breaking, rupture, tearing off, carrying away and other similar mechanical damage or destruction of the vehicle.
59.11. Hail: a form of solid precipitation as ice pellets of various size and shape.
59.12. Flood: water flooding of a large area caused by rapid melting of large amounts of snow or ice, heavy or prolonged rainfall (torrential rain), overflowing over the banks (embankments) of surface water reservoirs due to rising water level.
59.13. Sea waves: a ridge or swell on the surface of a sea or ocean, normally having a forward motion under the action of wind, atmospheric pressure fluctuations, tidal forces, underwater earthquakes or volcanic eruptions. Damage to motor vehicles is expressed in tearing down, destruction, damaging or carrying away of vehicles kept or used in the vicinity of the shoreline, caused by the impact of sea waves.
59.14. Landslide is a geological outward and slow movement of slope-forming materials downhill under the action of their own weight, water flowing on the surface or groundwater. The damage from landslides is expressed in deformation, damaging, destruction or burying of vehicles.
59.15. Caving-in of the ground is the collapse of large earth or rock masses from mountain ranges or shorelines, which usyally occurrs suddenly, quickly and at once. The caving-in damage is expressed in breaking, deformation, damaging, destruction or burying of vehicles.
59.16. Taking possession or control: unlawful taking of someone else's movable property (vehicle) that the perpetrator has taken control of or has been keeping.
59.17. Total loss of a vehicle: damage which is associated with overall cost of repair and retrieval of the vehicle in excess of 70% of the insured actual value as at the date of the insured event.
59.18. Provisional repair: a temporary partial repair of a damaged vehicle to enable the vehicle to move on its own power.
59.19. Road accident: an event occurring during the vehicle movement and resulting in a collision with another motor vehicle, road structure or any other object, person or animal, or damage caused by a pothole or bump on the roadway, or injury or death to people, damage to a road vehicle, road structure, cargo or other material damage.
59.20. Theft is the unlawful taking and carrying away of someone else's movable property against the will of its owner and with the intent to permanently deprive the owner of such property, as set out in the relevant provisions of the Penal Code.
59.21. Burglary is a theft committed by demolishing, damaging or undermining of solid barriers constructed to protect persons or property, as set out in the relevant provisions of the Penal Code, including through burgling the vehicle by breaking the glass or deforming any of the doors, etc., for the purpose of getting into the vehicle and unlawfully taking and carrying away the vehicle.
59.22. Robbery is the unlawful taking and carrying away of someone else's movable property with the intent to permanently deprive the owner of such property by using force or threats, as set out in the relevant provisions of the Penal Code. Robbery is also any theft during which the perpetrator at the crime scene uses force or threats to keep possession of the stolen property; and the case when the victim was made unconscious or unable to defend himself/herself in order to deprive the victim of the property.
59.23. Road network: all roads that are open to the public within the meaning of the Road Traffic Act, are designed for road traffic and meet certain technical requirements. Roads providing access to agricultural lands, forest roads and any other dirt roads, and private roads that are not open to the public, are not part of the road network.
59.24. Bilateral road accident statement is a document for establishing an insured event (road accident), drawn up using a statutory blank form template and in compliance with the requirements and prerequisites provided for in the Road Traffic Act or other related Acts.
59.25. Brand new vehicle is a motor vehicle that has been purchased brand new from an official dealer of the vehicle manufacturer, and which vehicle has not been registered for road traffic by the official competent authorities of the Republic of Bulgaria or another country prior to the conclusion of the Insurance Contract.
59.26. Technical inspection is regular checking of the vehicle to make sure that it is in good condition, as set out in the Road Traffic Act or in another regulation of the relevant country, carried out by a competent person authorized under the relevant regulations and intended to certify that the vehicle is safe for driving on the roads open to the public and meets the safety and environmental protection standards.
59.27. Claims ratio: a ratio of the total amount of all insurance compensations paid out during one insurance period to the insurance premium amount for the same insurance period, expressed as a percentage.
AMENDMENTS TO THE INSURANCE TERMS AND CONDITIONS. REGISTRATION CHANGES. TRANSFER OF VEHICLE OWNERSHIP
60. Any changes to the Insurance Policy shall be made only by mutual consent of the parties expressed in writing, including the cases where the Insured has notified the Insurer about changes of the data or circumstances specified in the Insurance Policy and addendums thereto, and/or of the data or circumstances stated upon the conclusion of the insurance. An addendum to the Insurance Policy shall be issued to record the chages made, which addendum shall be an integral part of the Insurance Policy.
61. In the case of changes of the data in the vehicle’s Registration Certificate made in accordance with legal requirements, the Insurer shall issue an addendum to the Insurance Policy following notification by the Insured.
62. Upon transfer of vehicle ownership, the legal successor shall assume the rights under the Insurance Policy.
63. The Insurer shall be entitled to request at its discretion a control inspection of the vehicle to be carried out.
64. The provisions of the Insurance Code shall apply to the relations between the Insurer and the acquirer of the insured property.
65. The transferor or acquirer (new owner) of the insured vehicle is obliged to notify the Insurer in writing of the transfer within seven days of the transfer of ownership.
CLAIMS FOR COMPENSATION. DAMAGE ASSESSMENT. COMPENSATION AMOUNT AND PAYMENT
66. The INSURED shall have an obligation to provide evidence of the insured event.
67. Upon occurrence of an insured event, the Insured shall immediately notify the relevant competent authorities, and shall also notify the Insurer – within the time periods specified below, by stating in writing the circumstances directly or indirectly related to the occurrence of the insured event, and describing the damages, as follows:
67.1. In the case of a theft or robbery – within 24 (twenty-four) hours of the occurrence or becoming aware of the event, and if such period expires on a non-working day – by the end of the first working day;
67.2. In the case of other insured events – up to 5 (five) working days from the occurrence of the event.
68. Upon damage notification, the Insured shall submit to the Insurer the original Insurance Policy, including any addendums thereto, the vehicle’s Registration Certificate, proof of valid technical inspection and valid Third-Party Motor Liability Insurance.
69. Additionally, the Insured shall submit to the Insurer the documents and/or items listed below to enable the Insurer to establish the relevant grounds for the payment of insurance compensation and its amount:
69.1. In the case of a road accident – a driving license of the vehicle’s driver; road accident statement issued by the Traffic Police or a report issued by the competent authorities in charge of pre-trial proceedings or a bilateral road accident statement drafted by the participants in the road accident – original copies. The bilateral road accident statement drafted by the participants in the road accidents shall be binding for the Insurer only if it meets the Insurer’s instructions and the requirements of the relevant legislation, if it is fully and properly completed, and if it is signed by all participants in the road accident;
69.2. In the case of fire – a certificate issued by the National Fire Safety and Protection of Population Service;
69.3. In the case of Entire Vehicle Theft or Entire Vehicle Robbery:
69.3.1. A certificate issued by the Regional Police Department of the Ministry of Interior for the district where the insured event occurred, certifying the occurrence of the insured event;
69.3.2. All keys and/or remote controls available for the insured vehicle;
69.3.3. All keys and remote controls for the alarm system and/or immobilizer (as stated in the Proposal for concluding the insurance or in the handover and acceptance report signed by and between the parties when the vehicle is leased out) available to the insured vehicle;
69.3.4. A document evidencing any additional means of protection installed, if such means are required by the INSURER;
69.3.5. A decree for suspension of the initiated criminal proceedings, issued by the competent authorities in charge of pre-trial proceedings;
69.3.6. A certificate issued by the Regional Police Department of the Ministry of Interior for the district where the insured event occurred, certifying whether the vehicle has been found or not by the time of the suspension of the initiated criminal proceedings;
69.3.7. A document for valid active marking of the vehicle, if a requirement for an active marking is included in the Insurance Contract;
69.4. In the case of Entire Vehicle Theft or Entire Vehicle Robbery, when the identity of the perpetrator of the theft or the robbery has been established but the vehicle has not been found, the Insured shall be constituted as a party to the criminal proceedings against the perpetrator in the Insured’s capacity as a civil claimant, and shall submit to the Insurer a copy of the indictment instead of the decree for suspension of the initiated criminal proceedings, as mentioned in the previous item;
69.5. When the vehicle is found following Entire Vehicle Theft or Entire Vehicle Robbery - a document issued by the competent authorities, evidencing the finding of the vehicle and the condition (missing and damaged items) in which the insured vehicle was found;
69.6. In the case of a theft of fixed audio equipment – a detachable front panel, if there is such, and a document issued by the competent authorities, evidencing the insured event;
69.7. In the case of natural disasters – a report issued by the local Hydrometeorological Service or by a representative of the local authorities, evidencing the weather situation in the area;
69.8. A lease agreement, if the vehicle is the subject of a lease agreement, or a rental agreement, if the vehicle has been rented out.
70. The Insurer shall also be entitled to request and receive from the Insured other documents and/or items not mentioned above, which are directly or indirectly related to the insured event and may be used in determining the grounds for the payment of insurance compensation or its amount.
71. The requirements under p. 66 – p. 67 above shall also apply to an event that has taken place abroad, where the documents related to the event and issued in a foreign language shall be provided translated in Bulgarian.
72. If the Insured fails to fulfill any of the obligations under p. 66 – p. 67 above, the Insurer shall be entitled to refuse the payment of the insurance compensation, provided that this is legally permissible.
73. If the Insured has failed to fulfill the obligation not to leave any of the two parts of the vehicle’s Registration Certificate in the vehicle and an Entire Vehicle Theft insured event occurs, then the Insurer shall reduce the insurance compensation amount by 50% (fifty percent).
74. Upon filing a claim and until the payment of the insurance compensation, the Insured shall notify the Insurer about any indemnity received from or due by a third party, provided that the Insured is entitled to seek directly or indirectly from the Insurer any insurance compensation for vehicle damage that is covered in full or in part by compensation paid or due by such third party.
75. The inspection of the vehicle damage shall be carried out by the Insurer or by its representatives or proxies on the indicated date, time and venue in the presence of the Insured or his/her authorized representative.
76. The insurance compensation amount in the case of partial damages to the vehicle shall be determined by the Insurer on the basis of a detailed inventory of damages, which shall be drafted during the inspection of the vehicle and signed by the Insurer and the Insured or his/her authorized representative, where the damages shall be eliminated in one of the following ways as chosen by the Insured:
77. For vehicles not older than 10 (ten) years from the first registration date thereof, the Insured can have the damages repaired at a car service center indicated by the Insurer and after the prior written consent of the Insurer, where the related costs shall be paid by the Insurer to the car service center.
78. For vehicles not older than 10 (ten) years from the first registration date thereof, the Insured can have the damages repaired at a car service center as chosen by the Insured and after the Insurer has set in writing limit amounts for prices, spare parts, materials and labor up to which limit amounts the Insurer shall pay insurance compensation. The expenses incurred by the Insured for having the damages repaired shall be cashed by the Insurer upon presenting the following:
79. Supporting documents for the amounts paid;
80. The repaired vehicle for inspection.
81. For vehicles older than 10 (ten) years from the first registration date thereof as at the date of concluding the Insurance Contract, the insurance comspensation shall be calculated based on prices of spare parts, labor and materials as applied by the Insurer as at the date of the insured event.
82. Total loss of the vehicle shall occur in the case of Entire Vehicle Theft or Entire Vehicle Robbery or partial damage to the vehicle, when the repair costs exceed 70 % (seventy percent) of the vehicle’s actual value as at the date of the insured event.
83. Compensation for total loss of the vehicle shall be determined as follows:
83.1. In the case of Entire Vehicle Theft or Entire Vehicle Robbery the Insurer shall pay out compensation equal to the insured amount but not more than the vehicle’s actual value as at the date of the insured event. The following shall be deducted from the insurance compensation amount due: the value of all missing and/or damaged parts and/or details, as established during the vehicle inspection made at the time of concluding the Insurance Contract, unless the deficiencies/damages were subsequently eliminated prior to the theft/robbery and the repaired vehicle was made available to the Insurer for inspection and the relevant addendum to the Insurance Policy was issued;
83.2. In the case of damages to the vehicle where the repair costs exceed 70% (seventy percent) of the vehicle’s actual value, the Insurer shall pay out insurance compensation equal to the vehicle’s actual value as at the date of the insured event, which actual value the insured vehicle would have had at that time if the vehicle had not been damaged, less the actual value of the remaining vehicle parts and details (vehicle remains), and less the value of any previous partial damages already paid by the Insurer, for which partial damages no supplemental insurance was made.
83.3. The remains of the damaged vehicle shall remain the property of the Insured. If the Insurer is able to provide a third-party buyer for the vehicle remains, the Insurer shall communicate to the Insured the buyer's details and price offered.
83.4. The value of all missing and/or damaged parts and/or details, as established during the vehicle inspection made at the time of concluding the Insurance Contract, shall be deducted from the insurance compensation amount due, unless the deficiencies/damages were subsequently eliminated prior to the total loss of the vehicle and the repaired vehicle was made available to the Insurer for inspection and the relevant addendum to the Insurance Policy was issued.
84. The Insurance Contract shall be considered terminated with the payment for the total vehicle loss. A new Insurance Contract can be made according to the general rules, provided that the vehicle has been fully repaired following the payment of the compensation.
85. If deferred payment of the annual insurance premium has been agreed and an insured event occurs, the deferred premium instalments remaining till the end of the term of the Insurance Contract shall become due and payable and shall be deducted by the Insurer from the insurance compensation.
86. The total amount of all insurance compensations paid out under the Insurance Contract may not be in excess of the insured amount. The total amount under the preceding sentence shall exclude any compensation which the Insurer has received with regard to the Insurer’s rights of recourse against a third party liable for causing the damage.
87. The Insurer shall pay out the insurance compensation within 15 (fifteen) days from the day when the Insured submitted all documents, materials and items, as requested by the Insurer and related to the establishment of the insured event and the extent of damage.
88. When the vehicle is validly insured also with another insurer(s) as at the date of occurrence of an insured event and against the same covered insurance risk, the Insurer shall be liable in proportion to the ratio of the insured amount to the sum of the insured amounts of all insurance policies.
89. The Insurer shall be entitled to acquire ownership of the vehicle from the payment date of the insurance compensation for Entire Vehicle Theft or Entire Vehicle Robbery, and for this purpose the Insured shall empower the Insurer with the right to dispose of the vehicle, in accordance with the relevant legal procedure. If the vehicle is subsequently found, the Insurer shall notify the Insured about that and shall give the Insured 15 (fifteen) days from the date of such notification, within which period the Insured can get back the vehicle, provided that the Insured refunds in full the amount of the insurance compensation already paid. If the Insured does not exercise the right under the preceding sentence, or the notification cannot be successfully delivered to the address specified in the Insurance Policy, the Insurer shall be entitled to acquire ownership of the vehicle or dispose of the vehicle, keeping the amount obtained from such disposal.
90. If after payment of insurance compensation for Entire Vehicle Theft or Entire Vehicle Robbery it is established that the vehicle has been found and returned to the Insured but the Insured has failed to notify the Insurer, the Insured shall refund to the Insurer the amount of the insurance compensation already paid, together with the legal interest applicable from the vehicle return date.
91. The Insured shall refund to the Insurer any amount received as compensation from any other third party which is obligated to make payments for damages caused to the vehicle, for which damages the Insurer has already paid out insurance compensation.
92. If after Entire Vehicle Theft or Entire Vehicle Robbery the vehicle is found prior to the payment of insurance compensation and with damages caused to the vehicle, the Insurer shall pay compensation for such partial damages if covered by the FULL CASCO risk clause.
93. In the case according to the preceding point, the compensation shall also include any missing parts, units, details and aggregates of a total value of up to 20% (twenty percent) of the insured amount, with the exception of:
93.1. Any accessories such as: tools, first aid kits, jacks, emergency warning triangle, registration plate numbers, etc.;
93.2. The wheels of the vehicle (incl. rims, tires or wheel covers), including the spare wheel, battery, wipers.
94. Insurance compensations shall be paid to a bank account specified by the Insured.
95. The Insurer shall not pay any interest for incorrectly or mistakenly paid or overpaid insurance premiums or for insurance compensation not timely requested by the Insured in the case of cash payment at cash desk, or for insurance compensation not timely received for any reasons beyond the reasonable control of the Insurer.
96. The Insurer shall assume the rights of the Insured against the perpetrator of the damage up to the amount of the insurance compensation paid out and the expenses incurred. The Insured's waiver of the Insured's rights against third parties shall have no legal force and effect with respect to the Insurer. Notwithstanding the previous sentence, the Insured shall pay the Insurer compensation for damages suffered in all cases in which the Insured has waived rights or performed other legal or factual actions, as a result of which the Insurer’s rights of recourse have been reduced or extinguished.
97. By concluding the Insurance Contract, the Insured shall empower the Insurer to receive all necessary information in connection with the insured event from any third parties (medical institutions, medical specialists, police authorities, technical services, etc.), including in cases when it comes to receiving information constituting official or professional secret.
98. By concluding the Insurance Contract, the Insured states and represents that the Insured has voluntarily provided the relevant personal data and other additional information about the Insured as a necessary condition for concluding the insurance, and agrees that the Insurer can process and provide such personal data and other additional information for insurance purposes, as well as for statistical purposes.
99. If a claim for compensation is fraudulent in any respect or if fraudulent means and/or techniques have been employed by the Insured or by any person acting on the Insured’s behalf in order to obtain insurance benefits, or if the insured event was caused by a willful act or omission on the part of the Insured or the Insured’s agents or employees, all registered but still unpaid insurance damages shall be canceled, and the Insurer shall notify the relevant competent authorities to prosecute the persons that have committed the aforementioned acts or omissions with reference to their liability under the relevant criminal and other applicable legislation. Any action or omission that is intended to mislead or maintain an existing deception in the Insurer’s representatives or employees regarding the occurrence of the insured event, the extent of damages or other circumstances that are relevant to the right of receiving insurance compensation and/or its amount shall be considered as fraudulent.
COMPENSATION IN CASE OF FIRE
100. The INSURER shall declare a total loss due to fire when the costs of repairing the damage to the vehicle exceed 70% (seventy percent) of the vehicle’s actual value.
101. In the case of declared total loss due to fire, compensation amounting to the insured amount shall be paid out as at the date of the insured event. The remains of the damaged vehicle shall become the property of the Insurer. If the Insured wishes to retain the ownership of the remains of the damaged vehicle, the Insured shall notify the Insurer in writing, and the value of the remains shall be deducted from the insurance compensation amount.
102. The Insured shall deregister the insured vehicle prior to the payment of the insurance compensation.
103. In the case when the ownership of the damaged vehicle remains passes to the Insurer, 5% (five percent) but not more than BGN 1,000 (one thousand) or EUR 511.29 (five hundred and eleven euro and twenty nine cents) - its EUR at the BNB fixing rate shall be deducted from the insurance compensation amount to cover the costs for transportation, storage of the vehicle remains and disposal of the remains.
104. For a vehicle under customs supervision, insurance compensation shall be paid out only upon presentation of evidence that the customs supervision has been lifted, or after deduction of the customs duties due.
105. Any outstanding and unpaid premium instalments, as well as previous compensations paid but for which no supplemental insurance was acquired, shall be deducted from the insurance compensation determined for the total vehicle loss.
106. Fire damage arising from a road accident or natural disaster shall be compensated pursuant to the Risks Covered – Full Casco Chapter and General Exclusions Chapter.
AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
107. These General Terms and Conditions may be amended by Special Conditions signed by the parties to the Insurance Contract.
RIGHTS OF RECOURSE
108. The INSURED shall provide the INSURER with all documents, evidence and information proving the insured event and necessary for exercising the right of recourse against the persons liability for the damages caused.
GOVERNING LAW AND COMPETENT LAW COURT
109. If any dispute arises between the parties in connection with this Insurance Contract, the parties shall do everything possible for the purpose of trying to resolve it amicably, by agreement. If this is not possible, the parties shall refer the disputed matter to the relevant Bulgarian court. The Bulgarian law shall apply.
LEGAL, ECONOMIC AND TRADE SANCTIONS
110. If the Insured and/or the Insured’s employees and/or proxies violate an existing embargo and/or sanctions imposed under a law or regulation of the Bulgarian authorities, or under the European Union law or a decision or other act of international organizations during the term of the Insurance Contract, the Insurer shall not be liable for an event that occurred as a result of such violation and shall not pay out any compensation under the Policy.
111. Notwithstanding the terms and conditions of the Insurance Contract, the Insurer shall not provide insurance coverage or pay insurance compensation or provide any other services to the Insured and/or the Insured’s employees and/or proxies, which may lead to a breach of existing trade or economic sanctions.
Correspondence
Any notice or notification sent to the INSURER in accordance with the requirements of these General Terms and Conditions shall be made in writing and sent to the address:
Business Park Sofia, Building 12 A, floor 2
Mladost 4, 1766 Sofia
Tel: (00359) 2 489 9100
Fax: (00359) 2 489 9102
E-mail: info@porscheleasing.bg
ADDITIONAL ROADSIDE ASSISTANCE COVER (AUTO ASSISTANCE) FOR VEHICLES WITH A TOTAL WEIGHT OF UP TO 3.5 TONS
SCOPE OF AUTO ASSISTANCE COVERAGE
1. Basic coverage without payment of any additional insurance premium; includes free AUTO ASSISTANCE services for the Insured under the terms and conditions set out below. The INSURER shall provide roadside assistance services (Auto Assistance) to the INSURED if a vehicle with a total weight of up to 3.5 tons is not able to move on its own power, in the case of an insured event, through a pre-specified auto assistance company.
2. The coverage shall be valid for the Republic of Bulgaria 24 hours a day/7 days a week for any motor vehicle insured under the "Full Casco" clause, with a valid "ROADSIDE ASSISTANCE" card and valid insurance coverage.
3. Coverage outside of the Republic of Bulgaria shall be valid in the countries included in the Green Card Convention, unless otherwise agreed in writing, 24 hours a day/7 days a week for any motor vehicle insured under the "Full Casco" clause, with a valid "ROADSIDE ASSISTANCE" card and valid insurance coverage. The services shall be provided during trips abroad with the insured vehicle – outside the Republic of Bulgaria, provided that each trip abroad does not exceed ninety (90) consecutive days.
DEFINITIONS
4. For the purposes of this additional Roadside Assistance cover, the terms used shall have the following meanings:
4.1. VEHICLE shall mean any motor vehicle regardless of its engine power, however, only with a technically permissible maximum weight not exceeding 3.5 (three point five) tonnes, and a wheelbase not exceeding 3.30 m (three meters and thirty centimeters), for which the INSURER has issued a valid "ROADSIDE ASSISTANCE" card with relevant series and number, and in respect of which vehicle the AUTO ASSISTANCE COMPANY shall be providing the Roadside Assistance services.
4.2. ROAD ACCIDENT shall mean any collision or impact with another moving object, the vehicle leaving the road or having its windows broken, effectively preventing the Insured from using the vehicle in accordance with the applicable law and requiring the vehicle to be towed to a garage or to a suitable service center for repairs.
4.3. MALFUNCTION shall mean any breakdown (mechanical, electrical, electronic, hydraulic, etc.) that may prevent the Insured from using the vehicle from the place where the malfunction occurred (or from a garage), or prevent the Insured from using the vehicle in accordance with the applicable law, requiring the vehicle to be towed to a garage or to a suitable service center for repairs. Any malfunction shall also be covered when the malfunction is due to:
- Running out of fuel;
- Fuel errors;
- No starter current;
- Flat (exploded) tire;
- Loss or theft of vehicle locking devices.
- Malfunction caused by equipment added to the vehicle and installed by a service center other than an official service centre certified or recognized by the vehicle manufacturer;
- Malfunction caused by the lack of proper maintenance per distance (kilometers) traveled, or non-compliance with the recommendations of the vehicle manufacturer;
- Damage due to malfunction of the alarm system or other protection systems installed at the request of the motor insurer.
4.4. ATTEMPTED THEFT AND VANDALISM shall mean breaking into or damaging a vehicle in order to circumvent security controls with respect to a vehicle on the roadway, or an act preventing the vehicle from moving from its location and requiring the vehicle to be towed to a garage or to a suitable service center for repairs. THEFT shall mean any unlawful taking and carrying away of someone else's vehicle against the will of its owner, with or without aggression against any person during this event.
4.5. EVENT shall mean making the vehicle unable to move as a result of any of the above-mentioned events, namely: Mslfunction, Road Accident, Attempted Theft, Vandalism, or inability of the Insured to use the motor vehicle due to vehicle theft.
4.6. LESSEE shall mean any natural person or legal entity which is a lessee under a contract for operational or financial leasing, or a user of "fleet management" services under a fleet management contract made with the INSURER.
4.7. USER(S) shall mean a person(s) who is using the Roadside Assistance services, namely: the driver of the motor vehicle or the person designated as the motor vehicle driver by the Lessee and/or the INSURER, and the passengers in the motor vehicle.
4.8. PLACE OF RESIDENCE shall mean the usual address of residence of the Insured(s) and/or the registered address of the Lessee.
4.9. SUITABLE SERVICE CENTER shall mean a service centre certified or recognized by the vehicle manufacturer for the relevant vehicle brand, as explicitly specified by the INSURER.
4.10. URBANIZED AREA shall mean any urbanized territory which boundaries are indicated by road signage for its beginning, and by road signage for its end.
4.11. EMPTY KILOMETER (distance traveled when empty) shall mean each kilometer traveled by a vehicle of the AUTO ASSISTANCE COMPANY from its base located closest to the place where the event involving the insured vehicle occurred, as well as each kilometer traveled by a vehicle of the AUTO ASSISTANCE COMPANY from a place chosen by the INSURER as a final transport destination to the base of the AUTO ASSISTANCE COMPANY.
4.12. FULL KILOMETER (distance traveled when full) shall mean each kilometer traveled by a vehicle of the AUTO ASSISTANCE COMPANY from the place where the event involving the insured vehicle occurred to a place chosen by the INSURER as a final transport destination in accordance with the provisions of this Contract.
4.13. TOTAL MILEAGE shall means the mileage including both the empty kilometers and the full kilometers traveled by the recovery vehicle (tow truck) for providing roadside assistance services to a vehicle under one request.
4.14. TRANSPORTATION (vehicle recovery) shall mean the loading, transportation and unloading of a disabled vehicle (which is unable to move on its own power) by the AUTO ASSISTANCE COMPANY according to the Terms and Conditions of this Contract.
4.15. CONTRACTOR or AUTO ASSISTANCE COMPANY shall mean the person or entity that actually provides the ROADSIDE ASSISTANCE services by using a recovery vehicle (tow truck), at the request of the Insurer under these General Terms and Conditions.
5. ALL SERVICES SHALL BE PROVIDED ONLY IN ACCORDANCE WITH THE LIMITS AND CONDITIONS SET OUT BELOW.
6. In the case of any insured event, technical malfunction or an event related to the normal operation of a motor vehicle covered by the "ROADSIDE ASSISTANCE" card, the INSURED shall be entitled to "One-time free vehicle recovery".
ACTIONS AND PROCEDURE FOR PROVIDING AUTO ASSISTANCE IN THE REPUBLIC OF BULGARIA
Services provided in the case of a malfunction, road accident, attempted theft or vandalism.
7. Upon receipt of notification (request) by phone +359 2 8 197 196 and under normal road conditions, the AUTO ASSISTANCE COMPANY shall ensure within 45 minutes the attendance of competent roadside assistance personnel at the place of the event (if the event occurred within a urbanized area), or within 90 minutes – if the event occurred outside of a urbanized area. The INSURER shall not cover the repairs required but only the vehicle recovery or the option for a vehicle recovery to the relevant car service center.
7.1. On-site repairs of the malfunctioning vehicle (provision of services within 30 minutes): the costs for on-site repairs shall be covered by the AUTO ASSISTANCE COMPANY, except for the costs for spare parts and consumables;
7.2. Vehicle recovery – if the vehicle cannot be repaired on site, the AUTO ASSISTANCE COMPANY shall arrange for its transportation to:
7.2.1. The nearest official service center for the brand;
7.2.2. The nearest service center specified by the INSURER, for certain cases of damage to the vehicle body, windows/tires.
8. If the nearest suitable service center is unable to accept the vehicle for service (outside the working hours, no security officers available, etc.), the malfunctioning vehicle shall be transported to a secure parking lot. The costs for staying at the secure parking lot shall be borne by the INSURED.
Services in case of running out of fuel
9. In case of running out of fuel, the AUTO ASSISTANCE COMPANY will transport the vehicle to the nearest fuel station where the Insured can refuel the vehicle with fuel at the Insured’s own choice and expense, according to the vehicle manufacturer’s instructions.
Services in case of lost, stolen or faulty keys
10. In case of lost, stolen or faulty keys for the vehicle, the AUTO ASSISTANCE COMPANY shall arrange for the transportation of the vehicle to the nearest official service center or to a secure parking lot where the vehicle can safely stay, if the vehicle is on the roadway or at a place where another insured event (theft) can occur. The costs for a secure parking lot shall be borne by the INSURED. The INSURER shall not cover the repair but only the vehicle recovery or the option for a vehicle recovery to the relevant car service center, where ant and all additional costs shall be borne by the Insured, including costs for repair or fabrication and/or installation of new keys.
Services in case of malfunction due to lack of proper maintenance
11. In case of malfunction due to lack of proper maintenance, the AUTO ASSISTANCE COMPANY shall arrange for the transportation of the vehicle to the nearest official service center for the brand. If the nearest suitable service center is unable to accept the vehicle for service (outside the working hours, no security officers available, etc.), the malfunctioning vehicle shall be transported to a secure parking lot. The costs for staying at the secure parking lot shall be borne by the INSURED. The INSURER shall not cover the repair but only the vehicle recovery or the option for a vehicle recovery to the relevant car service center.
Limits
12. Regarding vehicle recovery in Bulgaria, the coverage shall include transportation up to 100 km from the place of the event (or a total mileage of 200 km); the costs for this total mileage shall be covered by the AUTO ASSISTANCE COMPANY.
13. The AUTO ASSISTANCE COMPANY shall provide one-time free vehicle recovery per event according to the Terms and Conditions of this Contract.
ACTIONS AND PROCEDURE FOR PROVIDING AUTO ASSISTANCE OUTSIDE THE REPUBLIC OF BULGARIA
Services provided in the case of a malfunction, road accident, attempted theft or vandalism.
14. Upon receipt of notification (request) by phone +359 2 8 197 196 and under normal road conditions, the AUTO ASSISTANCE COMPANY shall ensure within 45 minutes the attendance of competent roadside assistance personnel at the place of the event (if the event occurred within a urbanized area) or within 90 minutes (if the event occurred outside of a urbanized area).
Vehicle recovery
15. If the vehicle cannot be repaired on site and provided that the distance between the place of the event and the nearest suitable authorized service center does not exceed 80 km, the AUTO ASSISTANCE COMPANY shall arrange for the vehicle recovery to the nearest suitable service center in view of the specific event, with a cost limit of EUR 350 per event, excluding VAT.
16. If the vehicle cannot be repaired on site the AUTO ASSISTANCE COMPANY shall, in addition to providing the services under the preceding paragraph, also assist the driver and any passengers of the insured vehicle with continuing their journey or returning to Bulgaria - as they may wish, and may provide additional services under the limits and conditions set out below.
17. If the vehicle cannot be repaired within 24 hours and provided that the distance between the Insured’s place of residence/final traveling destination and the place of repair is in excess of 80 km, the AUTO ASSISTANCE COMPANY shall arrange for:
17.1. One-way ticket – for a train or bus (first class) or for an airplane (one-way ticket in economy class) - according to the Insured’s preferences – up to EUR 100 per person, excluding VAT, or
17.2. Hotel accommodation for no more than three nights (breakfast not included) - up to EUR 75 per person per night, excluding VAT.
18. The AUTO ASSISTANCE COMPANY shall arrange for the transportation of the Insured from the place of the event to the nearest location from which the Insured can continue the Insured’s journey or return home (e.g. a railway station, airport, car rental agency, etc.), or to the place of accommodation, as the case may be.
Vehicle recovery from abroad
19. When the vehicle can be repaired abroad, however, the duration of repairs will exceed 3 (three) business days, the AUTO ASSISTANCE COMPANY will arrange for the vehicle recovery from its current location to a garage or a suitable service center as close as possible to the Insured’s place of residence, with a cost limit of EUR 350, excluding VAT.
20. The AUTO ASSISTANCE COMPANY will provide full assistance with the liaison with the relevant service center in order to estimate the duration of repairs, and shall inform the INSURER about that. The time for returning the vehicle from abroad shall not exceed seven (7) days from the moment this information is provided to the INSURER.
Services in case of running out of fuel
21. In case of running out of fuel, the AUTO ASSISTANCE COMPANY will transport the insured vehicle to the nearest fuel station where the Insured can refuel the vehicle with the relevant type of fuel.
Services in case of lost, stolen or faulty keys.
22. In case of lost, stolen or faulty keys for the vehicle, the AUTO ASSISTANCE COMPANY shall arrange for the transportation of the vehicle to the nearest service center certified or recognized by the vehicle manufacturer for the relevant vehicle brand or to the nearest secure parking lot – for the purpose of safeguarding the vehicle from theft, within a cost limit of EUR 350, excluding VAT.
EXCLUSIONS AND SPECIAL CONDITIONS
23. If the vehicle gets disabled (unable to move on its own power) by an event and at a place from where the vehicle cannot be loaded unless being towed, the AUTO ASSISTANCE COMPANY shall make every effort by using the specialized recovery vehicles at its disposal to tow or pull the vehicle. The AUTO ASSISTANCE COMPANY shall not take responsibility for any damage that may occur in such circumstances. If towing the insured vehicle is not possible, the AUTO ASSISTANCE COMPANY will assist the INSURER to find a specialized recovery vehicle owned by a third party and having the capacity and ability to pull out the vehicle. The costs of hiring such specialized recovery vehicle and carrying out the required operations shall be borne entirely by the INSURER with the prior confirmation by the INSURER.
24. The AUTO ASSISTANCE COMPANY shall not have the obligation to provide any assistance when a vehicle needs to be recovered from any roads which are not part of the national road network or roads which are not intended or banned for public use, or if it is necessary to use private roads and/or enter private property without permission from their respective owners. This exception shall not apply to public roads which are temporarily banned for traffic by the competent authorities due to a traffic accident, bad weather conditions or other similar circumstances, and the vehicle recovery shall take place after the temporary ban is lifted.
25. The AUTO ASSISTANCE COMPANY shall not have the obligation to provide towing and/or recovery assistance for a vehicle that gets disabled (unable to move on its own power) in an underground garage or other location outside the road boundaries where the access for providing towing and/or recovery assistance is either difficult or outright impossible. In case of low battery voltage the AUTO ASSISTANCE COMPANY will arrange for a suitably equipped car to attend the location and provide the current needed for cranking so that the vehicle can leave the garage on its own power.
26. Following the vehicle recovery to a suitable service center under the Terms and Conditions of this Contract, the AUTO ASSISTANCE COMPANY shall not have the obligation to arrange for a repeated or subsequently recovery of the same vehicle, unless the AUTO ASSISTANCE COMPANY has received explicit instructions through additional assignment by the INSURER.
27. The AUTO ASSISTANCE COMPANY shall not have the obligation to remove any other vehicles in order to recover the vehicle from the location where the vehicle got disabled (unable to move on its own power).
28. If the vehicle has been detained by the Ministry of Interior or other governmental or municipal authorities – third parties, the AUTO ASSISTANCE COMPANY shall be relieved of any responsibility and shall have the right to refuse the provision of the services covered by this Contract, provided that the AUTO ASSISTANCE COMPANY has learned of such facts or has established such facts in a timely manner and has immediately notified the INSURER.
29. In the case of especially bad weather conditions and difficult road traffic due to snow, ice, floods, torrential rains, etc., or if the roads have become impassable as a result of special circumstances or unusual conditions (damaged or broken bridges, earthquakes, etc.), the provision of the services by the AUTO ASSISTANCE COMPANY shall be postponed until the normal conditions are restored.
30. During a vehicle recovery the AUTO ASSISTANCE COMPANY shall have the right to recover also other vehicles insured by the INSURER, provided that Roadside Assistance services have been requested for such vehicles under the Terms and Conditions of this Contract, and such vehicles are located along the same route.
31. The AUTO ASSISTANCE COMPANY shall provide the Roadside Assistance services using the technical means at its disposal, and which are suitable for use in each specific case at the discretion of the AUTO ASSISTANCE COMPANY.
32. In the case of worsened weather conditions (snowfall, ice, etc.) the AUTO ASSISTANCE COMPANY shall not have the obligation to install anti-skid snow tire chains on the insured vehicle or any other similar accessories.
33. In the case of a malfunction of the vehicle, if the driver leaves the vehicle prior to the arrival of the AUTO ASSISTANCE COMPANY, with a resulting theft of personal belongings or vehicle parts, the AUTO ASSISTANCE COMPANY shall not take any responsibility for this.
34. The AUTO ASSISTANCE COMPANY shall not take any responsibility for lost profits, damaged or spoilt goods or belongings, or for any losses of business or professional income.
35. The INSURED shall provide access to the vehicle within a reasonable time for the provision of the Roadside Assistance services, but not later than thirty (30) minutes after the arrival of the AUTO ASSISTANCE COMPANY. In the case of a repeated call for the same vehicle, when the AUTO ASSISTANCE COMPANY was at the vehicle’s location but left due to not being able to gain access within the time limit under the preceding paragraph, the INSURED shall pay a fee for the services.
FORCE MAJEURE
36. The AUTO ASSISTANCE COMPANY shall be released from liability for partial or full non-performance of its obligations due to any unforeseen or unavoidable event of extraordinary nature, beyond the reasonable control or fault of the AUTO ASSISTANCE COMPANY, arising after the date of this Contract and impeding the provision of the Roadside Assistance services as agreed in the Contract, including but not limited to: flood, fire, earthquake or any other natural disaster, military action, general military mobilization, civil unrest, leakage of radiation or poisonous gases, or governmental acts.
37. Any performance and counter-performance of the parties shall be suspended as long as the force majeure lasts.
OBLIGATIONS OF THE INSURED
38. In the case of an Roadside Assistance event, the Insured will have to contact immediately the following 24-hour Assistance Center of the Auto Assistance Company prior to taking any action:
24-hour Assistance Center: +359 2 8 197 196
39. Upon contacting this Assistance Center, the Insured will have to provide the following details:
- Insured’s full name and address;
- Policy number, effective date and expiry date;
- Vehicle make (brand), model and registration plate numbers;
- Insured’s location and contact phone number;
- Brief description of the problem and what kind of assistance is likely to be needed.
40. Correspondence: any communication or notification sent to the INSURER in accordance with the requirements of these General Terms and Conditions shall be made in writing and sent to the following address:
Business Park Sofia, Building 12 A, floor 2
Mladost 4, 1766 Sofia City
Tel: (00359) 2 489 9100
Fax: (00359) 2 489 9102
E-mail: info@porscheleasing.bg
