EURO ODYSSEY FAMILY & PARTNERS 31 POLICY WORDING
Definitions
| Insurer/We/Us/Our | shall mean Isle of Man Assurance Limited (IOMA). |
|
Insured/Insured
Person(s)/You/Your |
shall mean the person or persons named as such in the Schedule hereto who must be the person named as the main driver in the Vehicle Rental Agreement and/up to 2 (two) Close Relatives who may be travelling with the Insured or separately and any of the persons specified on the Vehicle Rental Agreement. All persons must be eligible to operate and drive the Rental Vehicle and aged between 21 (twenty-one) and 74 (seventy-four) years old. |
| Close Relative | shall mean spouse or partner, fiancé, parent(s), parent(s)-in-law, brother(s), sister(s), brother(s)-in-law, sister(s)-in-law or adult child(children). |
| The Schedule | shall mean the document which gives details of the cover You have purchased. |
| Vehicle Rental Agreement | shall mean the contract signed by the lead named driver (who must be the name on the Policy Document as issued) that states the excess for which the lead named driver is responsible. |
| Rental Vehicle | shall mean any motor vehicle (which is constructed for the carriage of passengers and their effects and is adapted to carry not more than nine passengers and does not exceed 3500kgs and is designed and licensed for travel on public roads and not of a type of vehicle excluded by Policy Exclusion 6) rented and collected from a Rental Outlet more than 150km from the Insured’s usual place of residence under a contract on a daily or weekly basis. |
| Rental Outlet | shall mean a rental company or agency which is fully licensed for the business of vehicle rental by the appropriate regulatory authority of the country, state, county or local authority in which it is situated. |
| Europe | shall mean those states which are for the time being members of the European Union and/or all countries to the West of the Ural Mountains including the United Kingdom (England, Scotland, Wales and Northern Ireland), the Channel Islands, the Isle of Man, the Republic of Ireland, Iceland, islands in the Mediterranean, Morocco, Tunisia, Turkey, Canary Islands, Madeira, and the Azores. |
| Trip | shall mean any journey using a Rental Vehicle. |
| Period of Insurance | shall mean the period of time covered by this Policy as shown in the Schedule and any further period for which We accept Your premium. |
| Act of Terrorism | shall mean an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organisation(s) or government(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. |
In consideration of the Insured having submitted an Application which has been accepted by the Insurer which is incorporated in and forms part of the Policy, and the Insured having paid the appropriate premium shown in the Schedule hereto, the Insurer agrees to indemnify the Insured as hereinafter provided in accordance with and subject to the Terms, Conditions and Exclusions set out herein.
EXCESS REIMBURSEMENT
The Insurer will indemnify the Insured Person(s), as named on the Vehicle Rental Agreement (the lead name of which appears on the Policy Document), in respect of the amount the Insured is liable to pay under the Vehicle Rental Agreement, the “excess”, for losses incurred in Europe during the period of the Vehicle Rental Agreement for up to a maximum of £2,000 (or equivalent in local currency) in respect of any one claim and up to a maximum of £3,000 (or equivalent in local currency) for all claims occurring in any one Period of Insurance. Such losses being as a result of damage (including damage to windscreen/windows, tyres, the undercarriage and the roof), fire, theft (or attempt thereat), vandalism or loss of use of the Rental Vehicle issued for business or pleasure when such vehicle is rented and operated from a Rental Outlet.
DROP OFF CHARGES
The Insurer will indemnify the Insured Person(s) for the drop off costs of returning the Rental Vehicle to the origination Rental Outlet up to a maximum of £200 (or equivalent in local currency) in the event that the Rental Vehicle cannot be returned to the original Rental Outlet due to accident or illness to the Insured Person(s) for which hospitalisation takes place. (Evidence of the hospitalisation must be produced such as a medical report from the attending physician or hospital invoice for treatment received). Cover does not apply in respect of one way rentals. (A copy of the invoice for the drop off costs must be produced to the Insurer for reimbursement)
VEHICLE RENTAL KEY AND LOCK OUT COVER
The Insurer will indemnify the Insured Person(s) for costs incurred for replacing a lost or stolen Rental Vehicle key and/or replacing the lock and locksmith charges up to a maximum of £500 (or equivalent in local currency) for each and every claim and up to a maximum of £2,000 (or equivalent in local currency) for all claims in any one Period of Insurance. (All receipts must be retained and produced to the Insurer for reimbursement)
The Insurer will reimburse the Insured Person(s) for costs incurred to open the Rental Vehicle (without causing any further damage to the said Rental Vehicle) up to a maximum of £50 (or equivalent in local currency) in the event that the Insured Person(s) unintentionally locks him/herself out the Rental Vehicle. (All receipts must be retained and produced to the Insurer for reimbursement)
RESTITUTION OF HOLIDAY/EMERGENCY FUNDS
The Insurer will pay the Insured Person(s) £15 per day up to a maximum of £250 against loss of use of the Rental Vehicle and the Rental Agreement being cancelled or cut short on the advice of a physician through the Insured Person(s) being confined to bed in a hospital, in a hotel or in private accommodation due to accident or illness during such time that the Rental Vehicle was booked and paid for providing that the Vehicle Rental was booked at least 7 (seven) days prior to the accident or onset of illness. (Proof of the rental booking and a medical report/certificate confirming that the Insured Person (s) was/were confined to bed must be produced to the Insurer for claim settlement)
If during the course of a Trip, the Insured Person(s) shall lose the use of the Rental Vehicle which he/she was driving or in control of in a motor accident or a result of theft (or attempt thereat) or vandalism occurring in Europe during the Period of Insurance the Insurer shall indemnify the Insured in respect of the necessary travel expenses incurred by the Insured Person(s) to complete the planned trip by public transport or reasonable emergency accommodation expenses subject to a maximum of £1,000 (or equivalent in local currency) for all claims in any one Period of Insurance. (All receipts must be retained and produced to the Insurer for reimbursement)
WARRANTY
Cover is provided for one Rental Vehicle at any one time which may be driven and operated by any of the Insured Person(s) as detailed in the Rental Agreement. Cover will take effect from the time the Insured Person takes legal control of the Rental Vehicle and will cease at the time the Rental Outlet assumes control of the Rental Vehicle whether at its usual business location or elsewhere.
This policy must have been purchased and have commenced, either prior to or to coincide with, the commencement date of a Vehicle Rental Agreement for which the Insured wishes this Cover to be operative.
EXCLUSIONS
1. No cover applies in respect of an Insured Person who is under 21 (twenty-one) years of age or over 74 (seventy-four) years of age at the commencement of the Period of Insurance and/or who does not hold a full valid driving licence.
2. No cover applies for drivers who are not named in the Vehicle Rental Agreement.
3. The Insurer will not pay for damage to a vehicle which is not the subject a Vehicle Rental Agreement.
4. No cover applies where the Rental Vehicle is hired within 150km (one hundred and fifty kilometres) of the Insured’s usual place of residence.
5. The Insurer will not pay for damage to a Rental Vehicle where the Vehicle Rental Agreement is for a period in excess of 31 (thirty-one) consecutive days or the Vehicle Rental Agreement had commenced and the Rental Vehicle collected from the Rental Outlet prior to the Period of Insurance.
6. The Insurer will not pay for any liability arising from Rental Vehicles
where the value of the vehicle exceeds £50,000, and/or
which are more than 10 (ten) years old, and/or
which are motor homes, camper vans, trailers or caravans, trucks, commercial
vehicles, motorcycles, mopeds, motorbikes, off-road vehicles, recreational vehicles and passenger vans, and/or
which have more than 9 (nine) seats.
7. The Insurer will not pay for a claim arising from the operation of a Rental Vehicle in violation of the terms of the Vehicle Rental Agreement.
8. The Insurer shall be under no liability for any claim due to or arising in connection with
wear and tear, and/or
gradual deterioration, and/or
insect or animal including vermin, and/or
inherent vice or damage, and/or
the Rental Vehicle’s fuel tank being filled with the incorrect fuel type, and/or
contents of the Rental Vehicle or property being transported by You or in Your custody or control, and/or
driving other than on a public road, and/or
training for or taking part in any race, rally, trial, speed test or motor competition, and/or
transporting contraband or illegal trade.
9. No cover is provided under this Policy for any trip in, to, or through
a country or territory undertaken contrary to the advice of the United Kingdom’s Foreign Office, and/or
Afghanistan, Belarus, Cabinda, Central African Republic, Chad, Congo, Democratic Republic of Congo, Cuba, Eritrea, Ethiopia, Iran, Iraq, Ivory Coast, Jammu & Kashmir, Liberia, Myanmar, Niger Delta, North Korea, Sierra Leone, Somalia, Sudan, Syria, Yemen and Zimbabwe.
10. The Insurer shall be under no liability under this Policy unless
the incident from which any claim arises occurs within the Period of Insurance, and
the Insured has paid all premiums due to the Insurer in full, and
the claim has been notified to the Insurer in writing within 30 (thirty) days of the incident giving rise to the claim.
11. The Insurer will not pay for any claim due to or arising out of willfully self-inflicted injury or illness, alcoholism or the use of alcohol or drugs (other than drugs taken in accordance with treatment prescribed and directed by a registered medical practitioner, but not for the treatment of drug addiction) self exposure or needless peril (except in an attempt to save human life) by or on the part of the Insured.
12. The Insurer will not pay for expenses or amounts
assumed, waived or paid by the Rental Outlet or its insurers, and/or
reimbursed by the Insured Person's employer or employers' insurer, and/or
or losses in respect of any property more specifically insured or any claim which but for the existence of this insurance should be recoverable under any other insurance.
13. The Insurer will not pay for loss or destruction of or damage to any property whatsoever, or any liability, loss or exposure whatsoever resulting or arising therefrom or any consequential loss directly or indirectly caused by or contributed to by or arising from
13.1 ionising radiation or contamination by radioactivity from any nuclear fuel or any waste and the combustion of nuclear fuel, or
13.2 the radioactive toxic explosive or other hazardous properties or any explosive nuclear assembly or nuclear component thereof.
14. The Insurer will not pay for loss or damage directly or indirectly occasioned by happening through or in consequence of
14.1 war, invasion, acts of foreign enemies, hostilities or warlike operations (whether war be declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority, or
14.2 any Act of Terrorism.
or in connection with any action taken in controlling, preventing, suppressing or in any way relating to 14.1 and/or 14.2 above.
15. The Insurer shall not be liable for any claim arising directly or indirectly from, occasioned by, arising from or in consequence of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants.
16. The Insurer shall be under no liability under this Policy if any fraudulent, dishonest or criminal act is committed by the Insured or by any person with whom he/she is in collusion.
17. The Insurer will not pay for drop off costs in respect of one way rentals.
18. The Insurer will not pay for the replacement of Rental Vehicle lock when only the parts needed to be changed.
19. The Insurer will not pay for travel expenses or accommodation expenses if the motor accident in which the Rental Vehicle was involved did not necessitate the return of the Rental Vehicle to the Rental Outlet and/or was not the subject of a motor insurance claim or if the theft (or attempt thereat) or vandalism of the Rental Vehicle did not necessitate the return of the Rental Vehicle to the Rental Outlet and/or was not reported to the police or local law enforcement agency.
CLAIMS CONDITIONS
1. The Insured shall within 30 (thirty) days of any incident which may give rise to a claim under this Policy give notice in writing to the Insurer of said incident or upon receipt of any proceedings, and within 7 (seven) days of request by the Insurer provide such details and documents in connection therewith as the Insurer may require. Such notification shall be sent to Isle of Man Assurance Limited at IOMA House, Hope Street, Douglas, Isle of Man IM1 1AP. If such notice is not received by the Insurer within the specified time the Insurer shall be under no obligation .
2. The Insurer shall be entitled at any time to require the Insured to provide at his/her expense such evidence, information, certificates as the Insurer may require of any accident or incident or any other matter relating to any claim.
3. Except with the written consent of the Insurer, no person shall be entitled to admit liability on the Insurer’s behalf or to give any representations or other undertakings binding upon them. The Insurer shall be entitled to the absolute conduct, control and settlement of all proceedings arising out of or in connection with claims in the name of the Insured.
4. In the event of any claim in accordance with the conditions of this Policy, the Insured shall, at the request and expense of the Insurer, take or permit to be taken all such steps as may reasonably be required by the Insurer for the purpose of enforcing any rights against or of obtaining any relief or indemnity from any person, to which the Insurer shall, upon providing to the Insured any such payment, become entitled by subrogation.
5. If, at the time of any claim under this Policy, there is any other insurance effected by or on behalf of the Insured (or which would be effective for the existence of this Policy) covering similar benefits insured hereunder the liability of the Insurer shall be limited to the extent of any excess beyond the amount payable (or which would have been payable) under such other insurance.
6. In the event of any claim made under this Policy the Insurer reserves the right to charge the Insured higher renewal premiums.
GENERAL CONDITIONS
1. The Application made by the Insured is the basis of and shall form part of this Policy.
2. Liability of the Insurer hereunder shall be conditional upon the Insured observing the terms and conditions of this Policy. The Policy and Schedule attaching hereto are to be read as one contract.
3. Any material alteration which is likely to affect the risk must be advised to the Insurer immediately. Failure to disclose all material facts could result in the Policy being invalidated.
4. The Insurer may cancel this Policy by giving 15 (fifteen) days written notice (for this purpose this shall include email) to the Insured at his/her last known (postal or email) address. In such event the premium for the period up to the date when the cancellation takes effect shall be calculated and the Insurer shall return any unearned portion of the premium paid to the Insured unless the Policy is cancelled because of the submission of a false or fraudulent claim by the Insured when no refund of premium shall be made.
5. If the premium due hereunder (whether paid annually, quarterly or monthly) remains unpaid after the date upon which it, or any part of it, becomes due and payable (whether or not demanded by the Insurer) the Policy shall be deemed to be cancelled forthwith.
6. This Policy is not transferable and no premium or portion of a premium paid by the Insured is refundable (except under General Conditions clause 4 above).
7. If the Insured gives false or misleading information to the Insurer at any time, this Policy will become void and the Insured shall forfeit all privileges and entitlements under this Policy and will have no claim whatsoever against the Insurer.
8. If the Insured makes any claim knowing the same to be fraudulent as regard to amount or otherwise, this Policy will become void and all claims hereunder shall be forfeited.
9. Headings are included in this Policy for ease of reference only and shall not affect the interpretation thereof.
10. Payment to the Insured by the Insurer for an insured benefit shall be a valid discharge of the Insurer’s liability. No sum payable under this Policy shall carry interest.
11. Any word or expression in this Policy to which a specific meaning has been given shall bear that meaning wherever it appears.
12. The Insurer will give notice of renewal in writing (for this purpose this shall include email) at least 21 (twenty-one) days prior to the renewal date and, unless the Insured requests otherwise, will automatically renew the Policy paid for by direct debit.
13. The Insurer reserves the right not to offer renewal of any Policy.
14. This Policy is governed by and construed in accordance with the Laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
The language used in this Policy and any communications relating to it will be English.
15. For further information, or if You wish to complain about any aspect of the service You have received, please contact Isle of Man Assurance Limited. If Your complaint is not dealt with to Your satisfaction You can complain to the Isle of Man Financial Services Ombudsman. Copies of Our complaints handling procedure are available on request.
16. This insurance is underwritten by Isle of Man Assurance Limited (“IOMA”) of IOMA House, Hope Street, Douglas, Isle of Man. IOMA is authorised by the Isle of Man Government Insurance and Pensions Authority. IOMA is not subject to the same regulatory system as that applicable in the United Kingdom. Holders of policies issued by IOMA will not be protected by the United Kingdom Financial Services Compensation Scheme if IOMA should become unable to meet its liabilities. IOMA is authorised and regulated by the Financial Services Authority. IOMA is a member of the International Underwriting Association (IUA) of London.
COOLING-OFF PERIOD
If You find this Policy does not meet with Your needs, email to odyssey@ioma.co.im or write to Isle of Man Assurance Limited, IOMA House, Hope Street, Douglas, Isle of Man IM1 1AP within 14 (fourteen) days of receiving Your Policy document to cancel Your cover. Your policy must be cancelled prior to the commencement date of the Period of Insurance. We will refund the premium You have paid to Us providing that You have not rented a vehicle and do not intend to make a claim.
CONFIDENTIALITY AND DATA PROTECTION
All information about You of a sensitive or personal nature will be treated as private and confidential. We will however use and disclose the information We have about You in the course of arranging, placing and administering Your insurance. This may involve passing information about You to insurers, other intermediaries and other third parties involved (directly or indirectly) in Your insurance
In the interests of security and to improve Our service, telephone calls You make to Us may be monitored and/or recorded.
