Policy Terms
Contents
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Welcome to Hellas Direct 1.1 Your insurance policy – legal matters 1.2 Insurance covers 1.3 Rating and insurance premium readjustment
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Definitions
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Your Contract 3.1 Geographical jurisdiction of the insurance policy 3.2 Sum assured 3.3 Policyholder’s age and driving experience 3.4 Our Covers Exceptions and prohibitions 4.1 General exceptions regarding third party liability cover 4.2 Third party liability cover prohibitions 4.3 Claim compensation calculation
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Rights and obligations 5.1 Claim withdrawal 5.2 The policyholder’s right to object and withdraw 5.3 Insurance policy Duration, Modification and Cancellation 5.4 Transfer of car ownership 5.5 Legal jurisdiction 5.6 Special terms
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Actions in the case of an accident or claim 6.1 General Information 6.2 24-Hour Call Centre for Claim Declaration 6.3 Dispatch of Auto-Helper to the Site of the Accident
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Accident Care & Roadside Assistance 7.1 General 7.2 Care & Roadside Assistance Coverage 7.3 Inter Partner Assistance Responsibility
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Travel insurance 8.1 Travel Provisions for Individuals 8.2 Policyholder’s obligations 8.3 Medical Transport And Legislation
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Road and Travel Help & Accident Care Exemptions
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Appendix Ι: Summary Reference
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Appendix ΙΙ: Sample Claim Report Form HD Insurance Ltd
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Appendix III: Sample Claim Payment Request HD Insurance Ltd
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Appendix IV: Sample Objection Statements HD Insurance Ltd
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Appendix V: General and Special Arag Legal Protection Insurance Terms This document is a translation of our Policy Terms document and it has been put together for your information only. In the event of any discrepancies between the text contained in this document and the Greek version, the latter shall prevail. Only the original text is recognised by the Greek judicial system. Should you have any questions, please do not hesitate to call us on 212 222 9999.
1. Welcome to Hellas Direct
1.1
Your insurance policy - legal matters
HD Insurance Ltd, trading as Hellas Direct (henceforth “the company”) is an insurance company established and incorporated under Cyprus law. The company operates a branch in Greece in accordance with EU Freedom of Establishment provisions, and is regulated by the Cyprus Superintendent of Insurance with the permission of the Bank of Greece via EU Freedom of Establishment provisions. The relationship between HD Insurance Ltd and its policyholders in Greece is governed by Greek Law and is defined by the quote submitted, the insurance policy issued and any subsequent endorsements made by mutual agreement between the company and the policyholder. Your insurance policy is issued based on the following statutes: (a) Law 489/1976, as codified by Presidential Decree 237/1986, as amended and currently applicable, (b) Law 2496/1997, as currently applicable, (c) Law 400/1970, as amended and currently applicable, and (d) the decision of the Bank of Greece, number 3/5/26.1.2011. The policy is issued based on the quote that the policyholder receives from the company, either through its website (www.hellasdirect.gr) or via the company’s call centre (+30 212 222 9999). The electronic receipt and use of the insurance policy, as well as the payment of the insurance premium mean that you unconditionally accept all the terms of the policy.
1.2
Insurance covers
Hellas Direct underwrites insurance for private motor vehicles, offering both compulsory and optional insurance covers. The company’s overall liability per accident or per victim may in no case exceed the sum assured. The sum assured is written on the first page of your insurance policy for each type of risk covered. Multiple damages arising from the same cause are recognised as a single accident. In the car insurance sector, any insurance matter directly regulated by Greek Law is automatically included in the terms of the insurance policy, even if there is no specific mention of it in the insurance policy.
1.3
Rating and insurance premium readjustment
Your insurance premium is calculated based on the following criteria: • The drivers’ special characteristics, such as age and driving experience; • Each car’s special characteristics, such as engine capacity and the years since the car’s first registration; • Car usage and claims history; • The selected insurance product; • The duration of the insurance policy. During the insurance policy renewal period, we reserve the right to readjust the insurance premium and to modify any conditions and calculation criteria. In the event of modification of the minimum compulsory insurance limits, the premium is readjusted automatically on the effective date for the new limits.
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2. Definitions ARAG Arag is a legal protection insurance company, established in Düsseldorf, Germany. It offers coverage for legal disputes, giving its clients access to the legal system without exposure to court expenses. CARGLASS Carglass is a member of the Belron Group, one of the world’s leading companies in the field of automotive glass repair and replacement. EURO TAX GLASS One of Europe’s leading suppliers of automotive business intelligence, providing information using up-todate new and used car price-lists, an identification handbook of standard and special models, as well as brochures of types, editions and prices for all circulating vehicles (www.eurotaxglass.gr). INTER PARTNER ASSISTANCE Assistance Services Insurance Company Limited with registered office in Palaio Faliro, Prefecture of Attica (Syggrou Ave. 379, ZIP-Code 175 64) Tax Id. Nr. 098035090, with which the Insurer has entered in to a contract, henceforth referred to as the “Reinsurer”. ACCIDENT Any unexpected and violent event concerning the vehicle, without the policyholder’s intention, impeding the vehicle’s normal course. ASSISTANCE CENTRE The INTER PARTNER ASSISTANCE Call Centre, which operates 24 hours a day, 365 days a year in all countries within the policy’s geographical coverage. When the policyholder notifies the call centre of an incident, Interpartner will then take care of the direct or indirect provision of the required services. BODILY INJURY Injury or illness, whose nature can put the patient’s life in danger or cause the rapid and serious deterioration of their health if they do not receive the necessary hospital care. BREAKDOWN When the vehicle is immobilized and cannot safely continue on its course due to damage arising from electrical or mechanical reasons, or malfunction of individual components, including its tyres, rendering it unusable. CLAIM Any event capable of causing the intervention of the insurer. DAMAGE Involvement of the insured vehicle in a car accident, causing material or any additional damage specified by the coverage provided for in the insurance policy (fire, own damages, car glass, theft). DURATION OF REPAIR The net repair time and not the period of time between the vehicle’s delivery and receipt/pick up. FIRE Any fire caused without a predefined ignition point or one that has moved from its starting point and spread without external influence.
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ILLNESS Any sudden and unexpected medical condition diagnosed by a competent medical authority, impeding the normal continuance of the policyholder’s journey. INSURED VEHICLE The vehicle explicitly defined in the insurance policy, according to the provisions of the Greek Law, for which a third party liability insurance policy has been issued by the Insurer. INSURER (COMPANY) The Insurance Company referred to in the General Terms of this insurance policy. PERMANENT RESIDENCE The policyholder’s place of permanent residence in Greece indicated in the third party liability insurance policy. MEDICAL AUTHORITY Any official body legally authorized to practise the medical profession in the country where the policyholder finds himself. MEDICAL UNIT Medical care facility assigned to the specific case as defined by the coordinating physician of INTER PARTNER ASSISTANCE and the attending physician. THEFT The total theft of the insured vehicle, which has been reported immediately to the police authorities and for which a lawsuit has been filed. Moreover, any damage incurred due to the theft, arising from the removal of the vehicle’s fixed parts or accessories, causing its immobilization or malfunction. POLICYHOLDER The driver of the insured vehicle, a permanent resident of Greece, holder of a valid driving license appropriate for the category of the insured vehicle, plus every passenger of the insured vehicle, transported free of charge and limited to the maximum number of seats as specified in the vehicle registration. PERSONAL ACCIDENT Any sudden, unexpected and violent event, not self-inflicted and without the policyholder’s intention, causing a serious bodily injury. PERSONAL INJURY Any event capable of instigating the intervention of INTER PARTNER ASSISTANCE. VEHICLE STORAGE AND TRANSFER FACILITIES Specially designated areas used by the partners of “UNION ROAD ASSISTANCE Ltd.” where they undertake the repair of the insured vehicle. The addresses of the partners of “UNION ROAD ASSISTANCE Ltd.”, and of the Vehicle Storage and Transfer Facilities are specified in the details in Appendix I of this agreement.
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3. Your Contract
3.1
Geographical jurisdiction of the insurance policy
Compulsory civil liability insurance applies within Greece, the member-states of the European Union, the countries of the European Economic Area (E.E.A.) and the countries whose National Motor Insurers’ Bureaux are committed to applying section III of the Internal Regulations. If you wish to travel abroad you will require an International Insurance Certificate (“Green Card”). Without an International Insurance Certificate, you will not be insured when entering those countries. The Green Card is issued by us free of charge and is valid for one month. If you are planning a longer trip, please contact us shortly before the card’s expiration date and we will issue you a new one. The countries where a Green Card is necessary are: Albania, Bosnia & Herzegovina, Iran, Israel, Belarus, Morocco, Moldavia, Ukraine, FYROM, Russia, Montenegro, Turkey and Tunisia. We will email you the Green Card, all you need to do is print it, ideally in green. If you’re planning to travel to FYROM, we will need to send you a hard copy so please inform us a few days in advance. Finally, please note that Kosovo is not a member of the Green Card System so you’ll need to purchase an insurance policy at the border. All optional insurance covers are valid within Greece. It is possible to extend the validity of some of them beyond the Greek borders, following the policyholder’s application, the company’s approval and the payment of any additional premium. The Accident Care and Road Assistance covers also apply outside Greece.
3.2
Sum assured
The sum assured, indicated on the first page of your insurance policy, is the company’s maximum limit of liability for the entire duration of the insurance policy, for one or more accidents. The payment of compensation by the company respectively reduces this amount. If you wish to reinstate the initial maximum limit, please send us a request via email and, if it is approved, you will have to pay the relevant additional premium. The sum assured is equal to your vehicle’s real, current market value at the date on which it is insured, as indicated in the Euro Tax Glass tables for the Greek market. In case of a claim, the company will use these tables for the evaluation of the car’s value as at that date.
3.3
Policyholder’s age and driving experience
The driver’s age and driving experience are important factors for premium calculation. You are required in all cases to inform us if the insured car is driven by: • A person under 25 years old; • A person who has received their driving licence within the last two years. You must provide us with full personal data for any drivers belonging to either of the above categories and are planning to use the said vehcile, both during the initial quotation process, and at the date of any subsequent endorsements. After the information has been assessed Hellas Direct reserves the right to readjust the premiums of cars driven by drivers belonging to the above categories. In case a claim is incurred by an inexperienced driver, as defined above, whose data has not been properly disclosed to us, you may be faced with unfavourable consequences. Namely: • In case of a civil liability claim, you will be required to pay a “penalty” equal to 30% of the amount (including sum insured, interest, and legal expenses) that we will be required to pay to the third party who suffered the loss, either by means of a judicial decision or in an extra-judicial manner; • In the case of an optional risks claim, the claim will not be covered.
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3.4
Our Covers
3.4.1
Third party liability
We cover you for your legal liability to other people arising from an accident which involves your vehicle, as defined in current Greek legislation.
3.4.2
Optional covers
With the payment of an extra premium your insurance coverage may be extended to cover additional risks, such as Fire, Theft, damages from Natural Phenomena and Own Damages. Hellas Direct’s responsibility regarding optional risks is limited to the amount indicated on the first page of your insurance policy, minus the amount of any excess regarding each individual optional cover. All optional covers except Accident Care and Road Assistance apply within the borders of Greece. 1. Damages from an uninsured vehicle Any property damage caused to your car by an uninsured vehicle is covered, subject to the following conditions: • The claim to be only for material damages to the car; AND • The accident is proven by the Authorities to be the sole responsibility of the uninsured car’s driver; AND • The uninsured vehicle is evidenced to be such either via a police report or from the official statement of the Hellenic Information Centre (HIC); • The policyholder’s claim to the company cannot exceed the sum insured, which is indicated on the first page of the insurance policy. The company, having compensated the policyholder, is entitled to reclaim the amount paid from the Greek Auxiliary Fund, as defined in the Law. Additionally, the policyholder, having been compensated by the company, automatically cedes every right and gives irrevocable authorisation to the company to act extra-judicially or judicially on behalf of itself to obtain compensation from the third party or the Greek Auxiliary Fund. If you are involved in an accident with an uninsured vehicle, you must inform the traffic police. In addition, before and after the payment of compensation, you are obliged to provide us with all possible support and assistance in claiming our part of the amount paid by the Guarantee Fund. Specifically, you are obliged to provide us with all necessary documents at your disposal and appear to Court to confirm the circumstances of the accident or any other necessary fact related to the accident. 2. Accident Care We provide accident care services in the event of a traffic accident. These services include towing, taking pictures of the accident scene as well as collecting all the necessary documentation. The above service is provided 24/7 in partnership with Inter Partner Assistance on all our covers across Greece, Europe and the Mediterranean. For more information, please refer to chapter 7. 3. Road Assistance We provide support services in the case of a car breakdown. These services include towing, battery jump start, flat tyre assistance, and assistance in case of key loss and /or lock violation. The above service is provided 24/7 in partnership with Inter Partner Assistance on all our covers across Greece, Europe and the Mediterranean. For more information, please refer to chapter 7.
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4. Glass Any claim relating to the insured vehicle’s glass is covered. More specifically, we will repair or replace the two windscreens, the side windows as well as factory-supplied sunroofs. Hellas Direct will assume all repair costs if the car is repaired by Carglass with Carglass’ products, and an amount up to the sum insured as indicated on the first page of the insurance policy (subtracting the relevant excess) if the repair is done elsewhere. The following cases are excluded and are not covered by the insurance policy: • Any claim arising from car repair works or part removal or replacement; • Any claim relating to mirrors, headlamps and indicator lamps; • Any claim relating to any window, windscreen, or sunroof made of synthetic material instead of glass; • Any claim relating to convertible (cabrio) car glass permanently attached to the car’s roof, in a way that glass replacement is not possible without replacing the roof as well; • Any claim arising from the insured car’s total destruction (not economically viable or technically risky repair); • Any claim relating to membranes, sensors as well as window-opening mechanisms; • Any claim relating to chassis frame moving or reinstalling or relevant expenses. 5. Legal Protection In partnership with ARAG, the policyholder’s essential legal fees regarding the exercise of their legal rights before the Greek courts in relation to a car accident, are covered. More specifically, coverage includes lawyer’s fees and court expenses for claims against third parties, both for damages and injury. It also includes the legal defence against any possible prosecution against you such as traffic violations, withdrawal of driving license, and charge of death or injury to third party. The detailed terms governing the legal protection insurance cover are provided in appendix V below. 6. Personal Accident The insured car driver’s bodily injuries are covered under the following conditions: • That they were directly caused by a road traffic accident whilst driving the insured car; and • That they resulted directly in the driver’s death or invalidity, which occurred less than one year from the date of the accident. The following cases are excluded and constitute exceptions from the cover: • All the cases mentioned in the general exceptions of the optional covers, apart from the case of explosion; • Any accident caused due to a pre-existing medical condition of the insured driver; • Any accident caused while the driver is outside the car’s passenger cabin; • Any case relating to suicide or attempted suicide, irrespective of the policyholder’s mental health (permanent or temporary); • Heart conditions; • Psychiatric problems; and • Effects of direct or indirect nuclear energy, x-rays and, in general, any radioactive elements. Death Caused by a road traffic accident If the policyholder’s death occurs as the result of a road traffic accident, the company will pay the beneficiaries the applicable sum insured. The preconditions for payment are for the death to have occurred immediately, autonomously and independently of any other cause, to have been caused by an accident that happened within the duration of the insurance coverage and always within a maximum of one year from the date of the accident. Permanent total invalidity caused by a road traffic accident If the accident causes permanent total invalidity to the policyholder within one year from the date of the accident, then the company will pay the policyholder the sum insured, which is indicated on the first page of the insurance policy.
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Permanent total invalidity is restrictively considered to be one of the following three cases: • Total loss of vision in both eyes or total loss of the function of both arms, both hands, both legs, or both feet or the simultaneous loss of one upper and one lower extremity, or of one eye and one extremity; • Total paralysis; and • The state of chronic dementia rendering the insured person incapable of any type of work or employment and post-traumatic epilepsy. Permanent partial invalidity caused by a road traffic accident Permanent partial invalidity is considered to be a case that does not constitute total invalidity, but results in lifetime impairment of the insured driver’s capability for productive employment. If an accident results in the policyholder’s partial invalidity, within the maximum timeframe of one year from the date of the accident, depending on the case and in accordance with the following table, the company will pay the amount of the respective percentage of the sum insured, up to a maximum percentage of 70%.
In the case of a permanent partial invalidity not mentioned in the table above, the compensation consists of a part of the amount indicated on the first page of the insurance policy, equal to the percentage with which the policyholder’s lifetime general working capacity was reduced. In order to define this percentage, general criteria are taken into consideration and not the insured driver’s profession before the accident. If the consequences of the accident become aggravated, because of a pre-existing limb removal or amputation or a natural defect, the sum assured is paid only if the pre-existing defect had been declared at the commencement of the insurance cover by the policyholder. In this case, the compensation is calculated bearing in mind only the harm caused directly by the accident and not the greater harm that was the indirect result of the pre-existing situation. In the case of anatomical or functional loss of more than one organ or limb the percentage of continuing partial invalidity is calculated by the total sum of the percentages corresponding to each injury, although this total sum cannot exceed 70%.
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Concurrent compensation cases In the case of an accident with concurrent compensation claims for permanent total invalidity and death, the company compensates only one of them. If after the payment of the compensation for permanent partial invalidity, but definitely within one year of the date of the accident and as a result of the accident, permanent total invalidity or death occurs, the company pays the difference between the amount paid for permanent partial invalidity and the amount that should be paid for permanent total invalidity or death. 7. Fire Fire, lightning, explosion or spontaneous combustion The insurance covers material damages arising from fire, lightning, explosion, or spontaneous ignition of the insured car. Any claim arising from fire transmitted by another object is also covered. Namely: • Fire is defined as a fire with the existence of flame expanding with its own independent force; • Lightning is defined as a sudden and powerful atmospheric electrical discharge that strikes (directly and immediately) the insured assets; and • Explosion is defined as a rapid release of energy caused by a violent escape of gases and steam. Malicious damages Material claims relating to the insured car arising from arson due to third party’s proven intent are also covered. The company’s obligation to pay compensation is valid provided that the arson was reported to the police authorities immediately and the relevant lawsuit was filed, otherwise the cover is not valid. Strikes, riots and civil unrest Material damages relating to the insured car arising from fire during stay-aways, strikes, riots, demonstrations, and political unrest are covered, provided that the abovementioned events’ purpose did not involve the legal government’s violent overthrow. Terrorist actions Material claims relating to the insured car arising from fire, explosion, or any other cause as a result of terrorist activities are covered. Third party liability from fire The policyholder is covered for third party compensation regarding material claims arising from and caused by fire transmitted by the insured car. Any claim arising from use, reduced performance, depreciation, as well as any consequential or other kind of claim due to the car’s loss of use is not covered. If the insured risk takes place, the company, in cooperation with Inter Partner Assistance, provides the policyholder with a replacement car, as mentioned below. Fire caused by the following is excluded from coverage: • Due to the insured car’s collision, impact, swerving, overturning, or running off the road followed by its combustion; and • Due to flammable or explosive materials carried or stored in the car (apart from the car’s fuel which is stored in a specially designed space). 8. Natural phenomena Material claims relating to the insured car which arise exclusively and directly from flood, tempest, hailstorm, earthquake, storm, hurricane, and tornado are covered, provided that there was massive destruction due to the natural disaster. In such cases, the policyholder must report the claim within eight (8) days and submit to the company a report by the Hellenic National Meteorological Service, or by another competent authority, verifying that the abovementioned natural disaster took place. The following cases are excluded from coverage: • Any claim relating to non-standard equipment and parts of the insured car; • Any claim arising from the insured car’s mechanical malfunction due to frost;
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• Any claim arising from flood, tempest, storm, snowstorm, or hailstorm if the insured car did not have all its opening parts closed at the time the claim took place; • Any claim relating to the insured car when parked in an underground parking is not covered. 9. Full theft The insured car’s total theft is covered. Total theft is defined as the total loss of the car and the failure to recover it within a timeframe of sixty days or, alternatively, its recovery within that timeframe but with damage, the repair of which exceeds the car’s current market value. The company is not obliged to compensate the policyholder until 60 days have elapsed since the date on which the police authorities were notified of the theft. If the insured car is recovered after the payment of compensation, the policyholder is required to inform the company immediately and to report in writing within fifteen days from the date he or she was informed of the recovery of the car whether he or she wishes to keep the car, by refunding the compensation. If the above deadline passes, the policyholder forfeits their abovementioned right. If the insured risk takes place, the company, in cooperation with Inter Partner Assistance, provides the policyholder with a replacement car, as detailed in Section 13. 10. Partial theft The partial theft insurance cover comprises to the following: • The value of stolen items or car parts that are permanently attached to the car and are crucial for its function and circulation. • The car’s factory-equipped sound system and /or factory-equipped GPS. • Any claims relating to the chassis frame as a result of the break-in (locks, doors, frames, pillars, etc.).Wear and tear of soft top hoods is exempt from the cover. • Any claims relating to the car’s cabin as a result of the break-in. • The value of a stolen handbag, up to €100. • The value of a stolen child’s carseat, up to €100. The necessary conditions for the activation of the cover are: a) the theft has to be the result of a break-in with visible marks of forced entry on the insured car and b) a police certificate. If the insured risk takes place, the company, in cooperation with Inter Partner Assistance, provides the policyholder with a replacement car, as detailed in Section 13. 11. Own damages Irrespective of liability, any claim relating to the insured car arising from its collision, impact, swerving, overturning, or running off the road as a result of road traffic accident is covered. Additionally, material claims relating to the insured car arising from its transportation, exclusively in the case of boat, train, or airplane or from its loading or unloading on the above mentioned means of transportation, under the condition that these transportation means abide by the legal specifications of vehicle transportation, are covered. Exceptions: • Any claim relating to non-standard car parts and equipment is not covered. For non-standard car parts or equipment coverage, a special written agreement is required; • Any claim relating to the car’s tyres is not covered, if there are no other concurrent claims covered by this risk; • Any claim relating to the insured car arising from poor maintenance is not covered; • Any claim arising directly or indirectly from sabotage by any person. 12. Malicious damages Material claims relating to the insured car’s chassis frame arising from third party malicious acts are covered. Material claims arising from damages incurred while the car was stolen are also covered if you’ve selected our Own Damages product. A filed lawsuit and clear evidence of a break-in is required for such claims to be compensated.
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Exceptions: • Damage caused by any person who is connected to the policyholder through family, friends, work or any kind of corporate relationship or through a project contract or is a member of their staff, or who belongs to their wider circle of interests; • Any claim relating to the cabrio fabric roof of a convertible car. 13. Vehicle replacement If you’ve chosen our Additional or Own Damages covers, and your car is either damaged by fire or stolen, we, in partnership with Inter Partner Assistance and a car rental company, will provide you with a replacement vehicle. This cover applies only within Greece. Replacement vehicle in case of fire Should the insured vehicle need repair as a result of fire, a replacement vehicle of similar engine capacity to the insured vehicle and of a maximum horse power up to 11 hp covered under a third party insurance shall be provided within 48 hours of the time of the incident until the completion of the vehicle’s repair for a maximum period of twenty (20) days. In every case, the said provision terminates at the agreed date of the vehicle’s repair. Replacement vehicle in case of theft In the event of a total theft of the policyholder’s vehicle, Inter Partner Assistance undertakes the provision of a replacement vehicle of a similar engine capacity to the stolen vehicle and of a maximum horse power up to 11 hp covered under a third party insurance for a maximum period of sixty (60) days. The cover applies directly following the declaration of the claim and the submission of the incident report to Inter Partner Assistance’s help desk. Inter Partner Assistance shall send the original incident report to the Insurer. The replacement vehicle is provided for a maximum period of sixty (60) days, provided that the stolen vehicle has not been found within the above period of time. Hellas Direct and Inter Partner Assistance are not liable for the replacement vehicle’s fuel costs or for any other running costs. The policyholder is required to comply with the terms and conditions of the car rental. The policyholder shall receive the replacement vehicle at the location specified by Inter Partner Assistance and is required to comply with the terms and conditions of the provider, which include but are not limited to: • The person who hires the vehicle and / or its driver is required to be holder of a credit card; be at least 21 years old; and be a holder of a valid driving license for at least one year. • In case you do not have a credit card, you will be required to deposit a €750 + VAT warranty, which will be refunded to you as soon as you return the replacement car. Should the replacement vehicle be used beyond the defined date, the policyholder will be liable for the excess hire charges. Hellas Direct and/or Inter Partner Assistance cannot be held liable for the possible delay or for not being able to provide their agreed coverage in the event of strikes, explosion, lock-outs, social unrest, traffic restrictions, sabotage, terrorist activity, civil or external war, emission of heat or radioactivity or any acts of God.
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4. Exceptions and Prohibitions
4.1
General exceptions regarding third party liability cover
Any claim arising directly or indirectly from any of the following factors is excluded from the insurance coverage and will not be compensated: • Any claim arising from the policyholder’s and driver’s intentional actions; • Any claim relating to a driver not having an appropriate driver’s licence for driving the car of the relevant category. This exception also applies in the case of an expired professional or non-professional driver’s licence on the date of the accident, even if the licence was renewed afterwards, or if the licence has been removed from its owner by any competent authority; • Any claim relating to a driver who was under the influence of alcohol, drugs, or pharmaceuticals during the time of the accident, provided that there is a causal link between the violation and the resulting event; • Any claim relating to a car used in a different way than the one indicated in the insurance policy or in its registration certificate; In the above circumstances, if the company is required to pay third party compensation, it has the right of recourse against the policyholder.
4.2
General exceptions regarding optional covers
The exceptions below apply to any optional covers and will not be compensated in case of claim, unless agreed between the company and the policyholder and indicated on the first page of the insurance policy: • All civil liability cover exceptions; • Any claim arising from the fact that the insured car was driven by a person under 25 years old or a driver who has received their driving licence within the last two years; • In case of provision of false or inaccurate information regarding the policyholder or driver when purchasing the insurance policy and in case of falsification of the policy, • Any claim arising from the fact that the insured car towed another vehicle (except a trailer) or the insured car was towed, hauled, or transported by another vehicle; • Any claim arising from the fact that the insured car was driven on roads or locations where the circulation of vehicles is forbidden by the authorities, such as airports, construction sites, military camps, pavements, pedestrian streets and squares; • Any claim arising from malicious actions by known or unknown perpetrators; • Any claim arising from the fact that the insured car carried a load or passengers beyond the permitted maximum as indicated on its registration certificate; • Any claim arising from explosion or a car’s flame or fire transmitted to the car by lightning bolt, as well as any claim arising from or due to fluid or gas leakage of any nature, either carried or used for the car’s function; • Any claim arising from the fact that the car has not undergone the statutory technical control check (T.C.C.) or has undergone the control and has been declared unfit for circulation, irrespective of a causal link between the omission and the outcome; • Pre-existing damage or wear and tear due to the car’s misuse/ poor maintenance; • Any damage arising from the insured car’s participation in criminal or illegal activities or its pursuit by the authorities or its confiscation due to participation in illegal activities; • If there has been a car engine capacity or horse power conversion, without following the legal procedure, irrespective of a causal link between the irregular conversion and the outcome. Any exception mentioned in the specific optional covers paragraphs is to be viewed as additional to the above.
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4.3
Claim compensation calculation
The compensation you receive in the event of a claim is calculated and determined based on the insured car’s real, current market value at the time of claim, either in the case of total destruction or partial loss. Wear and tear and the car’s age are always taken into consideration when calculating the compensation amount. In the case where an insured car is more than 5 years old at the time of a claim and the policyholder wishes to replace any spare parts with new ones, the company has the right to reduce the amount compensated by 5% to reflect due spare-parts depreciation. This reduction will be increased by 5% each year to a maximum of 40%. Compensation for all insurance risks, apart from the compulsory civil liability cover, refers only to the actual loss and never to the consequential loss, nor the damaged car’s market value reduction, nor the loss from the car’s loss of use, nor any other direct or indirect loss. In the case of partial damage to the car, material claims compensation includes the car parts’ value as well as the cost of the repair work. Hellas Direct has partnered up with a selection of garages. If you choose to repair your car in one of our partner garages, we’ll pay the garage directly. If you choose a garage of your liking, we’ll either compensate you or ask you to authorize a direct payment to the garage. For the compensation to be paid, the company must be provided with the original invoices and all relevant documentation, such as the traffic police report or the penal file in cases when one has been opened.
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5. Rights and Obligations
5.1 Claim withdrawal
The policyholder has the right, within a year from the date of the accident, to withdraw their report, thereby personally undertaking full responsibility for the cost of the compensation. The above statement is to be understood as exemption from debt.
5.2 The policyholder’s
If there are certain aspects of the insurance policy that are different from what the policyholder reported to the company in their insurance proposal, he or she has the right to object. This right has to be exercised within one month from the receipt of the insurance policy, by sending an email to the company.
right to object and to withdraw
5.3 Insurance
policy Duration, Modification and Cancellation
The policyholder’s right to object is also guaranteed if he or she, following their insurance proposal, did not receive the company’s informational material (such as the company’s registered address) or did not receive the terms of the insurance policy. This right has to be exercised within fourteen days from the receipt of the insurance policy, by sending an email to the company.
The insurance is valid for the duration indicated on the first page of the insurance policy. The modification of the insurance policy is possible at the request of the policyholder. The modification is valid only after the company agrees and the relevant endorsement is issued.Insurance policies of 90 days or less can only be modified in special cases. The insurance policy may be cancelled at any time with a written mutual agreement between the policyholder and the company. In case of cancellation within 14 days, we’ll refund the premium in its entirety. In case of cancellation after 14 days, the premium to be refunded will be pro-rated and subjected to an administration fee of €25. The policyholder may terminate the insurance policy any time he or she wishes, by sending a written request to the company. Also, the company may terminate the insurance policy in the case of grave reason, under the guidelines and the deadlines set by the Law, for example, on grounds of fraudulent behaviour, incorrect reporting or concealment of data, or violation of the terms of the insurance policy by the policyholder. Hellas Direct also reserves the right to cancel or refuse to renew your policy for the above mentioned reasons.
5.4
If the ownership or the possession of the car is legally transferred, the insurance policy is automatically terminated thirty (30) days after the date of the transfer, and the company is required to refund any outstanding premiums, if they exist.
5.5 Legal jurisdiction
For the resolution of any dispute that may arise from the insurance policy, jurisdiction shall lie with the courts of Athens.
5.6 Special terms
These terms apply for each individual cover. In parallel with these terms, the general terms also apply. If a special term regulates a matter in a different way to the general term, then the general term supersedes the special term.
Transfer of car ownership
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6. Actions in the case of an accident or claim
6.1 General
Information
In case of an accident or claim, you will be required to do the following things: • Contact us immediately and report the accident. In no case should you inform us more than eight (8) days after the date of the accident or the claim. Omission of the declaration, may result in a penalty equal to 30% of the compensated amount to the third party. • Report the accident immediately to the police or other competent authorities, especially when the accident is severe, i.e. an accident that has caused bodily injuries to anyone, extensive material damages, or damages relating to multiple cars; • Deliver immediately to the company all documentation relating to the accident or the claim and attend the court if necessary; • Do not acknowledge any liability or admit responsibility, or proceed with any kind of agreement that may increase your responsibility without the company’s prior consent; • Provide the necessary help to the company’s representatives or experts, in order for them: • To understand the cause and the circumstances under which the accident took place; • To examine the company’s possible obligation regarding payment of compensation; • To evaluate the cost of the damages that arose. The investigation carried out by the company’s expert is in no case an acknowledgement of obligation to pay compensation. The company has the right to reach any kind of claim settlement, according to its own assessment, without the policyholder’s prior agreement. If the policyholder violates the obligations listed above, he or she gives the company the right to request a refund for any payments made. If the violation is fraudulent, then the company may demand from the policyholder any loss it may have suffered, including all amounts paid to third parties as a result of the accident. A violation is considered to be fraudulent when the policyholder denies, conceals, alters, or knowingly falsely describes to the company, to its representatives, to its experts, or to the authorities the accident’s exact circumstances, including the involved persons or any other crucial event or element. A necessary condition for the compensation of claims relating to the insured car for any risk covered is the prior evaluation by an expert assigned by the company. If the insured car is repaired without the company expert’s prior evaluation, the policyholder has no right to be compensated.
6.2 24-Hour
Call Centre for Claims Declaration
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In case of accident or damage to your car, please call our emergency line. A call centre facility, operating 24 hours a day, 365 days a year, is provided in partnership with Inter Partner Assistance. For Inter Partner Assistance to be able to intervene as soon as possible following an accident, the policyholder or any person acting on their behalf is asked to call the Help Desk immediately, from the site of the accident, and to provide the following information: • Insurance Policy Number; • Full details of the insured vehicle, such as vehicle’s Chassis Serial Number (VIN), type, model, colour; • The policyholder’s and/or the driver’s full name; • Number of passengers; • Policyholder’s place of permanent residence; • Destination, in cases where the vehicle has broken down outside the Prefecture of the policyholder’s permanent residence; • Exact location- address (street, number, area, direction, motorway, position); • Type and cause of damage; • Address of garage where the vehicle is to be transported; • Contact number, so that Inter Partner Assistance can keep the policyholder updated; • Any other information required for the provision of the coverage provided for herein.
Without the provision of the above and of any other necessary information, Inter Partner Assistance is not obliged to provide its assistance. After the phone-call for assistance, the policyholder is required to stay with their vehicle until the arrival of the roadside assistance. The policyholder should not take any initiative or assume any costs without the prior approval of Inter Partner Assistance. The policyholder shall accept the means provided by Inter Partner Assistance in respect to its methods of operating.
6.3
Dispatch of Auto-Helper to the Site of the Accident
Following a car accident or breakdown and after the provision of the assistance services outlined in article 6.2, Inter Partner Assistance undertakes to: 1) Dispatch its nearest Auto-Helper to the site of the accident in order to assist the policyholder with the necessary actions, such as the collection of relevant data on behalf of the policyholder, and in particular: a. Take photos of the vehicles engaged in the accident, focusing on the collision points. b. write down the involved persons’ details, c. Describe the place of accident (roads, vehicle direction, traffic lights, signs, etc.) in order to form a comprehensive picture of the event. The Inter Partner Assistance call centre agent, along with the Auto-Helper, will offer the policyholder basic advice regarding the procedures to be followed and the best way to handle the accident (such as calling the Traffic Police in case of bodily injuries, the need to write down the involved persons’ details, involvement of the Traffic Police Mobile Incident Unit etc.) In the event that the conditions prevailing after the traffic accident do not allow the policyholder to contact his family or friends in order to deal with important issues, Inter Partner Assistance undertakes the transmission of emergency messages on the policyholder’s behalf, either through its call centre or through its partner network. 2) In the event of a request for a claims declaration after the insured vehicle has moved from the site of the accident, Inter Partner Assistance undertakes to dispatch an Auto-Helper as long as it is within seven (7) days of the date of the accident. This will be executed no later than 24 hours following the request and will take place at the location where the insured vehicle was driven to, or transported (e.g. garage, place of work or residence) in order to take photographs (according to the above), on the condition that the vehicle remains at the same place and the repair work has not yet started.
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7. Accident Care & Road Assistance
7.1 General
The following section describes in greater detail the Accident Care, Road and Travel Assistance services provided to you by your insurance. The following coverages are provided exclusively by Inter Partner Assistance through its network of partners in Greece and abroad, either by means of service provision up to the limits mentioned below or by means of a direct compensation pursuant to the provisions of Article 7.2 of this agreement.
1. Preconditions The essential requirements for the provision of the coverage provided are that: • The vehicle has suffered damages arising from a car accident. • The vehicle has suffered damages that are covered by its insurance programme. • The vehicle must remain under the policyholder’s ownership. The service does not cover: • Loss or damage arising prior to the contract and • Loss or damage that existed before the existing damage.
2. Geographical Limits The specified in the following articles are applicable and provided in Greece and abroad. The coverage is applicable abroad within the borders of the European and Mediterranean countries below, where the policyholder is served through the mutual agreements between Inter Partner Assistance and its registered offices, as specified below. Inter Partner Assistance will mediate between the policyholder and its registered office for the policyholder’s better assistance. Countries where Care services apply for Accident, Road and Travel Assistance are:
Any extension of the above geographical limits will take effect upon issuance of a relevant addendum.
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7.2
Care & Roadside Assistance Coverage
1 . On-Site Actions to Repair the Vehicle in Greece and Abroad In the event of an accident or a breakdown of the insured vehicle, Inter Partner Assistance will undertake the on-site repair of the vehicle. This will take place as soon as possible depending on the distance and the traffic conditions. It is explicitly agreed that the effort to diagnose and repair the damage on motorways and expressways is forbidden, except for tyre replacement with the existing spare tyre.
2. Vehicle Transportation to the Nearest Garage within the Prefecture’s Borders, in Greece and Abroad In the event that the on-site repair of the insured vehicle is not possible or the vehicle is located on a motorway or an expressway, Inter Partner Assistance shall undertake the vehicle’s transportation to the nearest parking or vehicle storage and transfer facility or to any other place for the further diagnosis and possible repair without disturbing the traffic, or to the nearest garage chosen by the policyholder within the borders of the Prefecture where the incident occurred. Abroad, Inter Partner Assistance shall cover the vehicle’s transportation costs up to the amount of €150. Any expenditure beyond the said limit shall be charged to the policyholder. In every case, the policyholder is liable for the repair costs.
3. 7.2.3. Vehicle Transportation within Greece In the event of a breakdown of the insured vehicle, whenever on-site repair according to the above article is not possible, then the optional coverage specified below is provided: A. TRANSPORTATION OF THE VEHICLE TO THE NEAREST GARAGE a) Transportation of the vehicle to the nearest garage chosen by the insured, in the Prefecture where the breakdown occurred for repair. b) In the event of a breakdown of the insured vehicle due to lack of fuel, Inter Partner Assistance undertakes to transport the vehicle to the nearest petrol station. This is where its assistance obligation ends. c) In the event that the insured vehicle breaks down outside of the borders of the Prefecture of permanent residence of the insured and he / she chooses to repair the vehicle at the nearest garage, then Inter Partner Assistance will cover the accommodation costs of up to three overnight stays for the insured and the accompanying passengers in the initial journey up to the amount of €60 for each person per night and up to €200 in total for one incident, in the event that the repair cannot be carried out on the same day. OR (alternatively) B. TRANSPORTATION OF THE VEHICLE TO A GARAGE SELECTED BY THE INSURED a) Transportation of the vehicle to a garage selected by the insured: • Either to the place of his / her permanent residence, according to the address indicated in the third party liability insurance policy, or to the starting point of the journey; • Or to the initial destination in Greece, provided that the insured is on a journey. b) In the event of vehicle transportation according to the above paragraph a) the transportation cost for the accompanying passengers in the initial journey to the final transportation point chosen by the insured (place of residence or point of destination) up to €30 for each person, provided that the vehicle broke down outside the borders of the Prefecture of the permanent residence of the insured. It is explicitly stated that the coverage mentioned in articles A and B is optional. In any case, the garage is selected exclusively by the insured and under their own responsibility. Inter Partner Assistance will not be liable for the suitability of the garage, its means or the required time and cost of the repair.
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C. LOST KEY/ LOCK VIOLATION: In the case where the policyholder has locked the vehicle with the keys inside or in the event of lock violation or of loss of keys, Inter Partner Assistance undertakes sending the second set of available keys to the location of the policyholder. Alternatively, Inter Partner Assistance will undertake the towing of the vehicle to a garage/repair shop indicated by the policyholder close to their place of permanent residence, provided that the process of the towing does not pose any risk of damage and on the condition that the policyholder signs a declaration undertaking responsibility for any damage sustained by the vehicle. The benefits of article 7.2.3 related to passengers, such as the coverage of the cost of accommodation and their return home are not applicable in this case.
4. Vehicle Transportation Abroad The services described below apply and are provided only abroad. In the event that the vehicle breaks down in one of the countries indicated in the geographical limits clause herein, and provided that the repair cannot be carried out on-site, the following coverage is provided: A. VEHICLE TRANSPORT TO THE NEAREST GARAGE a) Transportation of the vehicle to the nearest garage from the site of the incident, chosen by the insured for repair. b) In the event that the repair cannot be carried out on the same day, accommodation costs of up to three overnight stays for all passengers participating in the initial journey up to the amount of €90 for each person per night and up to €300 in total for one incident are covered. B. VEHICLE REPATRIATION TO GREECE a) In the event that the repair cannot be carried out within three (3) working days, Inter Partner Assistance covers the vehicle’s transportation to a garage chosen by the insured at their permanent place of residence within the borders of the Greek territory. b) In the event of a vehicle’s transportation according to the paragraph (a) above, the expenses for the return to Greece of all passengers participating in the initial journey up to €450 for each person are covered.
5. Termination of the Provision of Roadside Assistance Once the insured vehicle is transported to the place chosen by the beneficiary / policyholder, the obligation of Inter Partner Assistance towards the policyholder in respect of the particular incident terminates. Should the policyholder require further transportation, this provision is not covered by this policy and the policyholder is obliged to cover the transportation cost via public towing company, which will be used exclusively for this further transportation and fulfilment of the policyholder’s demand.
6. Damage Incurred to the Vehicle during the Provision of Assistance Service In the event that the policyholder is not able to accompany his / her vehicle during its loading, transportation, unloading and reception, he / she is required to fill in and sign the Vehicle Towing Declaration during the loading and receipt of the vehicle. This form is completed in the presence of the policyholder or anyone else acting on their behalf, and includes a detailed list of existing damage and accessories. This declaration is to be signed by the policyholder or anyone else acting on their behalf prior to transportation, as well as on receipt at the garage. The policyholder is provided with a copy of this declaration. Any remarks or objections between the policyholder and Inter Partner Assistance during the receipt of the vehicle are to be reported to the Call Centre no later than 24 hours after the vehicle’s arrival at the garage and in any case before its repair. After this time limit, no claim shall be accepted. INTER PARTNER ASSISTANCE is not liable for: a) The insured vehicle’s security and protection after its transportation to the place chosen by the policyholder; b) Further intervention, in the event that the insured vehicle is located inside a ravine, lake, river, the sea or sand as a result of overturning, running off the road or any other cause where Inter Partner Assistance has exhausted all possible towing or hoisting possibilities using the available means; c) Loss or damage of the policyholder’s personal belongings or of the insured vehicle’s accessories.
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7. Limitation of Further Damage The policyholder or anyone acting on their behalf, is requested to use all available means for the limitation of any further damage after the accident.
8. Legal Coverage in the Event of a Car Accident Abroad The following cover is valid and applicable only abroad. Legal Protection Abroad and Bail Bond Payment Abroad Up to the Amount of €3.000 In the event of a car accident, Inter Partner Assistance covers the potential costs of defence of the policyholder to avoid imprisonment, up to the amount of €3,000. In the event of a car accident abroad, Inter Partner Assistance undertakes to pay the bail for the policyholder’s release up to the amount of €3,000. The policyholder is then required to pay back to Inter Partner Assistance this amount within three (3) months.
9. Payments / Financial Limits In respect to claims, the beneficiary or anyone acting on their behalf is required to immediately contact Inter Partner Assistance’s call centre in Athens to report the incident. Any costs incurred, either unrelated to the coverage provided for herein or not approved by Inter Partner Assistance, are not undertaken and not paid. It cannot be assumed that this policy entitles the policyholder or the Insurer to ask or agree to the provision of services by a third party and then require that Inter Partner Assistance covers the amount they paid or promised to pay to a third party. The insurance coverage under the terms of this policy is provided only in kind and not in cash, unless otherwise stated, through Inter Partner Assistance’s partners in the countries included in the geographical limits of the insurance coverage, unless Inter Partner Assistance does not have a Roadside Assistance Partner at the location of the incident and is unable to serve the policyholder. The maximum amount to be covered in the above case is €150 for any incident in Greece or abroad. In cases where the insurance coverage can be provided in cash, Inter Partner Assistance is entitled to ask the policyholder to pay and send the relevant invoices. In this case, Inter Partner Assistance reimburses said costs, provided that they have been previously approved by Inter Partner Assistance and do not exceed the expressly defined herein upper limits. Inter Partner Assistance is obliged to make such reimbursements within fifteen (15) days of the company’s written approval of the claim, or following the serving of an irrevocable court judgement obliging the company to indemnify the policy holder. Inter Partner Assistance is not obliged to pay any interest in addition to the amount of the reimbursement before the expiration of the payment deadline as defined in the above paragraph. The policyholder is obliged to submit all original valid invoices to Inter Partner Assistance. Inter Partner Assistance keeps said invoices. In the event of a partial reimbursement, Inter Partner Assistance shall return the original documents, after writing on the documents the date and the sums paid. All reimbursements are paid in Euro, taking into account the exchange rate of the currency of the country where the expenditure took place, applicable at the date when the expenditure was incurred by the policyholder and not on the date of payment by Inter Partner Assistance. The exchange rate is calculated according to the foreign exchange purchase price of the Bank of Greece. After the settlement of the claim, no further claim for the same reason shall be re-examined. All maximum amounts indicated herein include VAT. .
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7.3
Inter Partner assistance’s liability
1. Inter Partner Assistance’s Liability Inter Partner Assistance cannot be held liable for the possible delay or for not being able to provide its agreed coverage in the event of strikes, explosion, lock-outs, social unrest, traffic restrictions, sabotage, terrorist activity, civil or external war, emission of heat or radioactivity or any acts of God.
2. Subrogation Inter Partner Assistance may subrogate any claim up to the limit of the paid indemnity in respect to the policyholder’s rights and actions against any persons deemed liable.
3. Limitation All claims arising from this insurance policy are subject to a statute limitation of four (4) years from the occurrence of the incident. The process of limitation is not applicable in the cases provided for under Civil Law.
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8. Travel insurance
8.1
Travel Provisions for Individuals
The travel provisions for individuals are provided to the policyholders even when travelling separately by means other than the insured vehicle.
1. Baggage Loss - Tracing and Transport The baggage loss covers below apply only when travelling abroad. 1) During an international flight with an airline - member of IATA - in the event that the policyholder’s checked-in baggage is not delivered within 48 hours of their scheduled arrival at their destination, the baggage will be assumed to be permanently lost and Inter Partner Assistance will reimburse the policyholder for any expenditures incurred within the next four (4) days of their scheduled arrival at their destination, for the emergency purchase of essential clothing and other items up to the amount of €115. The policyholder is required to submit his claim for reimbursement to Inter Partner Assistance in writing, accompanied by all the necessary documentation, such as a baggage claim report to the airline, valid receipts of the expenditures incurred for emergency purchases and the flight ticket with the checked-in baggage receipt for that particular flight. 2) In the event of a delayed departure of baggage greater than eight (8) hours during an international flight by an airline - member of IATA - Inter Partner Assistance undertakes to make all necessary efforts on behalf of the policyholder to trace and transport the baggage to the policyholder’s place of accommodation after its retrieval.
2. Medical Transportation in Greece from a Location over 50 Kilometres from the Policyholder’s Permanent Residence The following covers apply in Greece for locations over 50 km from your permanent residence and abroad. In the event of a policyholder’s accident or sudden illness, the physicians of Inter Partner Assistance, after being notified, will undertake to: 1) Stay informed in respect to your health status; 2) Cooperate, as long as this is required, with the attending physician and the physician who provided the first aid; 3) Take the best possible decisions, following consultation, depending on the patient’s medical condition. These decisions may imply the provision of one or more of the coverage options below. Non-acceptance of these decisions without justification may cause the loss of the right to the assistance coverage. If required, depending on the policyholder’s health condition, Inter Partner Assistance undertakes to plan and cover the transportation costs of the policyholder to the nearest hospital for the appropriate treatment of the incident. MEANS OF TRANSPORTATION In all cases, the method of transportation is decided by the physicians of Inter Partner Assistance and the attending physicians, according to exclusively medical and technical criteria. The possible means of transportation are: aircraft conducting a regular flight, helicopter, ambulance, taxi or any other available means.
3. Patient’s Return / Repatriation to Greece from a Location over 50 Kilometres from the Policyholder’s Place of Permanent Residence and from Abroad up to the Amount of €10,000 In the event of an accident or a sudden illness of the policyholder Inter Partner Assistance undertakes the planning and coverage of the expenditure for their return / repatriation to a hospital near their permanent residence, up to the amount of €10,000, following the stabilization of their health status at the nearest hospital to the location of the incident.
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MEANS OF TRANSPORTATION In all cases, the method of transportation is decided by the physicians of Inter Partner Assistance and the attending physicians, according to exclusively medical and technical criteria.
GENERAL PROVISIONS APPLICABLE TO ARTICLES 8.1.2 AND 8.1.3 1) If required, a physician authorized by Inter Partner Assistance may visit the patient and, together with their attending physician, proceed with an examination in order to determine the need to cover the medical transportation costs; 2) Apart from cases where it is impossible, the patient or persons accompanying them must contact Inter Partner Assistance no later than three days after the medical incident to request the repatriation of the policyholder.
SPECIAL EXEMPTIONS APPLICABLE TO ARTICLES 8.1.2. AND 8.1.3 Not covered: 1) Medical transportation from rehabilitation centres, thermal baths for ailments which required accommodation in the above facilities; 2) Medical conditions, whose appearance was foreseeable according to the policyholder’s medical history and the policyholder was aware of; 3) Pre-existing conditions, repetitive, chronic disease, whose existence is known to the policyholder and is subject to treatment; 4) Mental illness; 5) Pregnancy, childbirth and the complications thereof as well as any event of premature pregnancy termination and its complications; 6) Conditions arising from sterilisation, in-vitro fertilization, contraceptive devices and medication, prenatal checks and any complications thereof; 7) The consequences of hereditary anomalies or mental disorders; 8) Medical conditions or surgical procedures which can be treated on-site and within a short time period, without risk; 9) Those diseases, under which the transportation of the patient would involve a major risk.
4. Return/Repatriation of Accompanying Passengers to Greece from a Location over 50 Kilometres from the Policyholder’s Permanent Residence and from Abroad In the event of medical transportation of the policyholder pursuant to article 2.2.2, Inter Partner Assistance plans and covers the expenditure for the return of the remaining accompanying passengers or family members or escort of the policyholder who wish to interrupt their journey.
5. Policyholder’s Relative in Greece to Travel out to a Location over 50 Kilometres from the Policyholder’s Permanent Residence or Abroad In the event that the provision of hospital care to the policyholder due to sudden illness or accident takes more than five (5) continuous days, Inter Partner Assistance provides a policyholder’s relative or any other person nominated by the policyholder with either a return train (A Class), flight* (economy class), ferry or bus ticket, when the first two aforementioned means of transportation are not available. *Flight ticket available only if the same journey by train of ferry takes more than six (6) hours.
6. Curtailment of Trip Abroad Following the Death of a Relative or Damage to Policyholder’s Residence at Home The following cover is valid and applies abroad. In the event of a sudden or unexpected death of a policyholder’s relative, provided that the original scheduled return doesn’t allow them to attend the burial ceremony Inter Partner Assistance undertakes to plan and cover the policyholder’s emergency return costs to Greece. The same applies also in the event that the policyholder’s residence incurs damage as a result of fire, earthquake, flood, break-in or explosion (only in cases where the relevant public authorities have intervened).
7. Extended Stay Abroad for Recovery In the event that the policyholder is required to prolong his / her staying abroad for recovery purposes following an accident or a sudden illness, Inter Partner Assistance covers the cost of the additional accommodation up to five (5) days at a hotel or a clinic up to the amount of €75 a day. 26 HELLAS DIRECT
8. Repatriation / Body Return from a Location in Greece over 50 Kilometres from The Policyholder’s Residence or from Abroad up to the Amount of €3,000 1) In the event of the policyholder’s death arising from an accident or a sudden illness, Inter Partner Assistance undertakes to carry out the on-site procedures and pay directly the body transportation costs to the burial place in Greece up to the amount of €3,000. 2) Inter Partner Assistance covers the costs of the necessary embalming and the coffin preparation for its transportation. Burial and funeral costs are not included. 3) Inter Partner Assistance undertakes to plan the policyholder’s body repatriation only provided that all necessary data, information and documentation have been furnished to the Company.
9. Hospital Care Costs Abroad up to the Amount of €7,400 The cover below is valid and applicable only abroad. Inter Partner Assistance covers the policyholder’s hospital care costs for at least an overnight stay at the hospital as a result of sudden illness or accident up to the amount of €7,400, provided that policyholder’s hospitalization was medically necessary. When travelling within the European Union, the policyholder is required to carry the relevant insurance certificate, such as the E111 form or any other similar document. In the event that the insured is entitled to compensation from another insurer, Inter Partner Assistance pays, according to the provisions of this policy, only the difference between the amount of money paid from the other insurer and the total sum of the expenditures, up to the maximum limit defined herein. The policyholder is required to submit the relevant compensation receipt from the other insurer in order to receive the difference.
8.2
Policyholder’s obligations
Call for the Provision of Travel Assistance For Inter Partner Assistance to be able to intervene within the shortest time, the policyholder or any person acting on their behalf is required to call the Help Desk. In the event of calling from abroad Inter Partner Assistance will pay for the call. The information mentioned below should be reported: • Policyholder’s name, policy number and permanent residence; • Name, address and phone number of the hospital, where you are located; • Name, address and phone number of the attending physician; • Finally, any other information required for the provision of the coverage provided for herein. ACCESS FOR THE PHYSICIANS OF INTER PARTNER ASSISTANCE The authorized physicians of Inter Partner Assistance should have free access to the policyholder in order to verify their health condition unless there is a serious reason to impede this.
8.3
Medical transport and legislation
It should be noted that during the provision of its services, Inter Partner Assistance is committed to comply with the relevant legislative, administrative and health rules applicable in Greece and in any other country.
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9. Road and Travel Help & Accident Care Exemptions
9.1
Travel assistance coverage is provided in cases of journeys up to 90 consecutive days in Greece or to the countries indicated in the geographical limits clause herein. It should be noted that the following claims (accidents, bodily injuries, illnesses) are not covered: a) Claims arising in Greece or abroad, where the policyholder maintains a second permanent residence; and / or b) The policyholder is a student or a commuter, travelling repeatedly to the same destination and staying more than ninety (90) consecutive days; c) For persons without a permanent residence in Greece.
9.2
1) Moreover, claims for accidents, deaths and injuries arising from the following causes are not covered:
Travel Assistance exemptions
Road and Accident care exemptions
a) Wars, invasions, actions by internal or external enemies, hostilities (either in war time or not), civil war, uprisings, riots, civil commotion or military coup; b) Self-inflicted injury, the participation of the policyholder in criminal acts. c) Policyholder’s engagement in wagers, competitions or motor racing tournaments; d) Participation in professional competitions or in training for national or international tournaments of policyholders who are members of sport federations / associations; e) Involvement in attacks but not including acts of self-defence; f) Use of narcotics, drinking or chronic alcoholism as well as the complications thereof; g) Directly or indirectly caused or attributed or arising from ionizing radiation or from pollution due to any nuclear fuel whatsoever or from any nuclear waste or radioactive objects; h) Premature childbirth or pregnancy complications during the last three months of pregnancy and normal childbirth; i) Psychological or mental illness; j) Mental, psychotic, anxiety and neurotic disorders and epileptic seizures; k) Bodily injuries or illnesses arising from attempted suicide; l) Pre-existing conditions, repetitive, chronic illness or condition whose existence is known to the policyholder and is subject to treatment; m) Accident or illness as a result of the execution of an order while on duty in the armed forces of any country or organization whatsoever; n) Airplane accident, unless the accident occurs while the policyholder is travelling as a passenger of a legally certified airline, conducting scheduled or charter flights.
2) The travel assistance coverage is provided for journeys of duration up to 90 consecutive days in Greece, as well as in the countries indicated in the geographical limits clause. In particular, the provision of roadside assistance in Greece and abroad is limited to transport to the nearest garage to the site of the incident, as a result of breakdown or accident, limited up to three (3) times per year.
3) The insurance coverage under the terms of this policy is not provided in the following cases: a) In the event that the insured vehicle is driven by a person, who is not in possession of a valid driving license; b) In the event that the insured vehicle is used without the consent of its keeper or legitimate owner. However, it is specified that in the event of immobilization as a result of an accident or breakdown, following theft, provided that the theft was reported to the local police authorities - cover will be provided; c) In the event that the vehicle is used illegally, without its registration certificate or number plates or in violation of any mandatory provision; d) In the event that the driver of the insured vehicle caused the damage while driving following the voluntary consumption of alcohol, toxic substances, narcotics or non-prescribed drugs or drug overdose; e) In the event that the damage resulted from a policyholder’s fraudulent or intentional action; f) In the event that assistance is called for during a period of warfare or as a direct or indirect consequence of terrorist actions, declared or undeclared war, hostile operations, uprisings, internal disorder or strikes; g) In the event that the incident requiring assistance occurred prior to the commencement of this insurance policy;
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h) As a result of the insured vehicle’s participation in official or unofficial racing competitions, training, test runs, tournaments, shows or parades or as a result of dangerous driving; i) Any claims arising from earthquakes and in general from natural disasters, causing major destruction and wherever normal traffic conditions and the access to the location of the incident have not yet been restored; j) Any claims arising from political or civil disturbances, unless the vehicle is also insured against terrorist activities, lock-outs, strikes and malicious damage; k) Any claims directly or indirectly resulting from nuclear energy, X-rays and in general, exposure to radioactive elements; l) Any damage caused to items transported inside the vehicle or any consequential damages; m) Any claims arising from the insured vehicle’s participation in wagers (official or unofficial) of any kind whatsoever; n) In the event that the accident occurred as a result of any kind of psychotic illness or mental disorder. o) Car glass p) Inter Partner Assistance will not be held liable for any damage caused during the transport of an unaccompanied vehicle without Vehicle Towing Declaration signed by the policyholder or by anyone else, acting on their behalf; q) Inter Partner Assistance is not obliged to provide road assistance services in the event that the vehicle is a total loss. This means that the damage recovery cost equals or exceeds 70% of the total market value of the vehicle making its repair not financially viable. This is calculated by comparison with a vehicle from the same manufacturer, model, engine capacity and age in the Greek market, according to the report of the authorized representatives of the vehicle’s manufacturer or the assigned Claims Adjustor; r) For damage caused by the violation of the regulatory provisions concerning the number of carried passengers, the weight of the items carried or the way they were loaded, provided that the said violation was the exclusive cause of the accident or of the event that gave rise to the damage; s) Inter Partner Assistance is not obliged to provide road assistance services if the weather conditions are bad and the roads are not passable due to floods, fog, landslides, snow or ice, making the movement of its mobile repair units and its towing vehicles impossible, even with snow chains. Moreover, if the roads are impassable due to extreme conditions (earthquakes, damaged or destroyed bridges etc.); t) Inter Partner Assistance is not obliged to remove other vehicles in order to free the insured vehicle; u) In the event that after calling for assistance and before the arrival of the road assistance vehicle, if the policyholder leaves their vehicle unattended, Inter Partner Assistance is not liable for any loss of personal belongings or vehicle’s accessories; v) In the event of damage relating to the vehicle’s indicators, horn, headlamps and side lights, Inter Partner Assistance is not obliged to provide road assistance; w) Inter Partner Assistance is not obliged to secure snow chains to the vehicle; x) In the event that the insured vehicle breaks down or is meant to be transported as a result of a breakdown or accident to a Greek island or to any other location, for which the transportation by a ferry boat is required, Inter Partner Assistance is obliged to provide its assistance services, but the policyholder is charged with the cost of the ferry ticket; y) In the event that the insured vehicle is in a ditch, ravine, lake, river, the sea, mud or sand as a result of overturning, running off the road or any other cause whatsoever and the use of any specialised equipment (crane, special towing vehicle, crawler etc.) for towing or lifting is required, Inter Partner Assistance will not be held liable and its obligation in respect to the particular incident terminates, even though it has failed to assist, despite its best efforts. Finally, in the event that the vehicle suffers damage as a result of the intervention of specialist equipment, apart from those provided by Inter Partner Assistance and for which the policyholder is liable, the company is not held responsible and is not obliged to pay any indemnity; z) Inter Partner Assistance is not obliged to provide road assistance when this is impossible, because the insured vehicle has broken down inside an underground, ground floor or other parking area, such as in the forecourt of a block of flats, or in general, in any area where the access is impossible or dangerous for the insured vehicle and the road assistance vehicle;Inter Partner Assistance is not obliged to transport the insured vehicle, in the event that its breakdown can be repaired on-site or for any damage that allows the vehicle’s safe movement to the nearest garage; aa) Vehicles whose springs, shock absorbers or any other parts have been altered after their purchase, without the prior approval of the manufacturer, making their transport impossible or dangerous; bb) Inter Partner Assistance is not obliged to intervene in cases of immobilization for maintenance purposes, as a result of fraud or in repeated traffic accidents. The Company reserves its right to cancel the cover In cases where
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the insured vehicle is not located on public or private roads, as depicted on the relevant Ministry of Transport map, in Greece or abroad where the policyholder maintains a second permanent residence or is a student or a commuter, travelling repeatedly to the same destination and staying more than ninety (90) consecutive days are expressly not covered. cc) In cases where the insured vehicle is not located on public or private roads, as depicted on the relevant Ministry of Transport map, are expressly not covered. Finally, Hellas direct and Inter Partner Assistance will not refund you for expenses incurred without prior notification and consent.
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Appendix I Summary reference of the 3/5/26.1.2011 decision of the Bank of Greece
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Summary reference of the 3/5/26.1.2011 decision of the Bank of Greece (Official Government Gazette 706, Issue B, 29/4/2011) This decision of the Bank of Greece came into effect on the 1st of December 2011 (Article 17 of the Decision) and is applicable to all insurance companies operating in the class of motor vehicle civil liability insurance in the Hellenic Republic (Article 1 of the Decision). In accordance with Article 13, Paragraph 2 of the aforementioned Decision of the Bank of Greece, which makes such reference to Decision in all insurance contracts mandatory, the following is noted: A. Organisational Responsibilities of Insurance Companies (Archives and Data Records) 1. 1. Each insurance company is obliged to keep the following archives: (a) in written form, an Insurance Incident File (IIF) for each claim; (b) in electronic form, an Archive of Insurance Incident Files (AIIF) for all IIF created, where all documents held by each printed IIF is scanned and stored; and (c) in electronic form, an archive of Statistical Data on the state of each IIF, which every insurance company is required to submit to the Bank of Greece at regular intervals (as specified in the Decision). The Decision specifies the content and the way of storing the aforementioned Archives by each insurance company. (Articles 3, 4, 5, 7 and 8, and Appendix II of the Decision)
2. 2. Each insurance company is obliged to grant the insured or the claimant a Receipt of Documents Delivered or Received. As a minimum, such receipt will correspond to the file number of an electronic index kept by the company, the display of the logo and name of the insurance company, the name, surname and full address of the insured or claimant, their signature, the description of the document which was delivered or received, the date of delivery or receipt, the name and surname, as well as the position and signature of the company employee receiving the document. The following are also acknowledged as a Receipt of Documents Delivered or Received: (a) the Greek Post receipt of registered mail with the corresponding signature of the employee of the insurance company, (b) the fax transmission report at the number the insurance company has submitted to the Bank of Greece, and (c) the report of a court bailiff. Article 6 of the Decision)
B. Guidelines Regarding the Procedure of Managing Claims 1. Each insurance company is obliged, as per article 6 paragraph 6 of Presidential Decree 237/1986, to submit to the claimant, within three months from the date of receipt of their Claim Payment Request, either (a) an Offer for Payment in the case that the responsibility of the claim is clear and the total damage incurred has been valued, or (b) a justified response (denial) referring to the individual points mentioned in the Claim Payment Request, in the case that the responsibility is challenged or not yet clearly determined or in the case that the total damage incurred has not been valued. (Article 9 of the Decision)
2. The Decision specifies the content of the Claim Payment Request submitted by the claimant to the insurance company. The insurance company is required to provide to the insured a Claim Report Form and a Claim Payment Request together with the insurance contract (Article 13 of the Decision). As part of the Claim Payment Request, the claimant is required to declare to the insurance company, amongst others, the exact location of the car, so that a claim assessment can be conducted. Each Claim Report Form and Claim Payment Request must be submitted to the insurance company in person, or via fax or via registered post, as long as the original signature has been verified, or submitted in person to the physical or legal persons, which have been pre-specified and authorised by the insurance company to accept documents on its behalf. A list of all such persons must be provided by the insurance company to the Bank of Greece. In the instance that the aforementioned documents have been delivered to the pre-specified persons authorised by the insurance company, these persons must provide the claimant with a Receipt of Documents Delivered or Received. Such receipt is not required to bear the file number of the electronic index kept by the company. (Articles 10, 15 and Appendix I of the Decision – Bank of Greece document AP1228/25.7.2011)
3. In the case that the insurance company believes that a Claims Assessment is required, it has 15 days to conduct one in the case of a Greecebased claim or 25 days in the case of a claim abroad. These time periods commence from the date that the claimant has submitted a Claim Payment Request, in which the exact location of the vehicle is stated. (Article 11 and Appendix I of the Decision)
4. The Offer for Payment of the insurance company should include as a minimum the exact amount being offered to the claimant, as well as the place, the time and the method of payment or the recovery of the damage. 5. The time of payment referred to in the Offer for Payment should not exceed ten days from the date of the Offer. If a recovery of the damage is agreed, this should be conducted within 20 days, unless otherwise agreed by both parties. (Article 12 of the Decision)
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6. The insured and claimant are entitled to receive copies of the relevant IIF, with an application that will be registered in the IIF as well as the relevant Receipt of Documents Delivered or Received. All costs to be incurred are to be borne by the insured or claimant. All articles set out in Law 2472/1997 regarding the protection of personal data must be adhered to. (Article 14 of the Decision)
7. In the case that the Decision is not adhered to, the penalties specified in article 120, paragraph 3 of Law 400/1970 may be imposed. (Article 16 of the Decision)
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Appendix ΙΙ Sample Claim Report Form
Appendix III Sample Claim Payment Request
Appendix IV Sample Objection Statements
Appendix V General & Special Conditions for ARAG Vehicle Legal Protection Insurance
General & Special Conditions for ARAG Vehicle Legal Protection Insurance 1. Beneficiaries The insured mentioned in the contract. 2. Subject of Insurance After the occurrence of the insured event, the insurer shall ensure, in accordance to the conditions of insurance and undertake within, the relevant expenses for the safeguarding of the legitimate interests of the insured if the safeguarding has a good chance of success. 3. Insured persons Insurance coverage is for the primary and rightful holder and anyone with their permission that drives or is a passenger of the vehicle with the registration number mentioned on the insurance certificate or policy. 4. Insurance coverage provides: • For compensation claims, according to legal regulations on civil liability; • For defence in criminal court for persons negligently killed or injured in a road accident, or other criminal offense that is mentioned in traffic circulation; • For appeals to the competent authorities, for the removal or limited use of the driver’s license or license plates and vehicle registration, and to recover and initiate court proceedings for the same reasons; • In case of dispute by either contractual agreements that relate to the owner or legitimate holder of the insured vehicle. 5. Extension of insurance coverage ARAG covers: • The fees for the lawyer chosen by the insured, in accordance with the Lawyer’s Federation Bills for lawyer’s fees, in competent courts; • The necessary court expenses; • The compensation of summoned witnesses and appointed experts; • The legal fees for bailiffs; • The fees and charges for lodging appeals to regain removed licenses and license plates; • The litigant’s court expenses that have been judged. 6. Coverage Limit: The insurance coverage is limited to 6,000 Euro for each insured event for both insured and co-insured. 7. Area of coverage The insurance coverage is in Greece. 8. Commencement and duration of coverage • The commencement and expiration of the insurance coverage is mentioned on the insured policy; • Commencement is subject to premium payment. If the premiums are not paid within 30 days, coverage is cancelled; • The current insurance coverage is for events that have occurred within the insurance period. 9. Insurance charges after the occurrence of insured event • Once the insured event has occurred, the insured is obligated to update fully his insurer with all relevant and truthful details of the insured event, to indicate and submit evidence and other documents, and to refrain from taking measures that create expenses to the insurer; • If the insured culpably breaches any of these obligations, the insurer shall be exempted from any obligation to provide coverage. 10. Choice of lawyer – Commissioned mandate •The insured has the right to freely assign a lawyer who will undertake and protect his interests. If he fails to do so, then one is appointed by the company; • The mandate given to the lawyer is only presented by ARAG by order and name of the insured; • The insurer is not responsible for any of the lawyer’s activities.
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11. Other rights and obligations of the insurer • The insurer has the right before the mandate to a lawyer, to protect the rights of the insured, and by making efforts to settle the case out of court; • If the insurer refutes the need to protect the rights of the insured, they have then the obligation to disclose the reasons for refusal. In this case, the insured may invoke a justified decision to the lawyer representing him or who will be appointed in relation to the needs for safeguarding his legitimate interests. The lawyer’s decision is binding to both insurer and insured, unless removed from the legal and factual basis of the case. If the insured or the insurer believes that the lawyer’s decision is far from the legal and factual basis of the case, then a final decision of an arbitrator is induced. If the parties do not agree on the arbitrator, each may request the appointment of an arbitrator pursuant to Article 878 of the civil process codex. If the lawyer’s or arbitrator’s decision shows that the safeguarding of the legitimate interests of the insured is warranted, then the expenses from these decisions are charged to the insurer, otherwise the insured. 12. Insurance protection is excluded: • When a vehicle is driven by a person who does not have a valid driver’s license or who does not have the permission of the owner of the vehicle • When the vehicle does not have a registration license; • If the driver is accused of a wilful prosecuted offense; • For objects found within the vehicle and are not its components or supplements; • When the safeguarding of the legitimate interests is directly or indirectly in connection to war, enemy operations, riots, internal disturbances or earthquakes; • For insurance events announced to the insurer, six months after the termination of the contract; • For differences from its own insurance policies. 13. Vehicle replacement The expropriation of the insured vehicle or in any other way loss of the insurance interest and the acquisition of a replacement vehicle must be disclosed immediately to the insurer. 14. Legal position of third parties Protection is not provided to co-insured against each other or against the insured. 15. Complaint If the insurer has acknowledged its obligation to provide coverage it may after one month cancel the contract and return the unearned premiums. 16. Reimbursements Monies already reimbursed to the insured for judicial and extrajudicial costs are attributable to the insurer who paid instead. 17. Statute of limitations Claims of the insured against its insurer shall be barred after four years from its origin. 18. Court Jurisdiction In case of disputes between insurer and insured, Athenian courts have jurisdiction.
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