3 TABLE OF CONTENTS
General Insurance Policy No. CIFUG 1/2007 3 General Insurance Terms and Conditions for Private Non-Life Insurance No. 3/2009 8
GENERAL INSURANCE POLICY NO. CIFUG 1/2007
Full text of General Insurance Policy No. CIFUG 1/2007, as subsequently amended.
This Insurance Policy is concluded by and between:
Citibank a.s., hereinafter referred to as the “Policyholder”,
Registered office: Evropská 423/178, 164 40 Prague 6, ID No. 16190891, VAT No. CZ16190891
incorporated in the Company Register administered by the Municipal Court in Prague, Section B, Insert 786, and represented by Mr. Henricus Lambertus Pijls, Member of the Board of Directors, as one Party hereto,
and
POJIŠŤOVNA CARDIF PRO VITA, a. s., hereinafter referred to as “Insurer”,
Registered office: Na Rybníčku 1329/5, 120 00 Praha 2-Nové Město, ID No. 25080954, VAT No. CZ25080954
incorporated in the Company Register administered by the Municipal Court in Prague, Section B, File 4327, represented by Mr. Richard Sumann, Chairman of the Board of Directors, and Mr. Zdeněk Jaroš, Vice-Chairman of the Board of Directors, as the other Party hereto.
TABLE OF CONTENTS
Article 1 Introductory Provisions Article 2 Definitions Article 3 Duration of Validity of Policy Article 4 Insurance Coverage
Article 5 Insurance Terms and Conditions, Inception of Insurance Article 6 Insurance Period, Commencement and End of Insurance Article 7 Insurance Premium
Article 8 Insured Event Process Terms and Conditions Article 9 Insured Events and Insurance Benefits Article 10 Obligations of the Policyholder Article 11 Obligations of the Insurer
Article 12 Expiry and Termination of Individual Insurance Article 13 Confidentiality, Commercial Secrets, and Sharing Personal Data Article 14 Final Provisions
ANNEXES
Article 1 Introductory Provisions
The insurance established herein by the Insurer and the Policyholder shall be governed by Czech law and shall be subject to the applicable provisions of Act No. 37/2004 Coll., on insurance policies (hereinafter referred to as the “Insurance Policy Act”), General Insurance Terms and Conditions for Private Non-Life Insurance No. 3/2009, which form Annex I hereof (hereinafter also referred to as the “General Insurance Terms and Conditions”), the provisions of this Insurance Policy concluded by and between the Insurer and the Policyholder, the provisions of Act No. 101/2000 Coll., on personal data protection, as amended, and to other applicable general laws and regulations of the Czech Republic.
Article 2 Definitions
For the purposes of this Insurance Policy, the following terms shall have the following meaning:
2.1 Policyholder – Citibank a.s., being the person who has concluded this Insurance Policy with the Insurer.
2.2 Insurer – POJIŠŤOVNA CARDIF PRO VITA, a.s., being the person who has concluded this Insurance Policy with the Policyholder.
2.3 Insured - an individual who is a Card holder and a client of the Policyholder and has met the terms and conditions specified in Article 5 hereof.
2.4 Insurance Benefit (hereinafter also referred to as “Benefit”) - a payment provided by the Insurer to the Authorised Person or Beneficiary subject to the terms and conditions specified in Article 9 hereof.
2.5 Commencement of Insurance - as defined in Article 6 hereof.
2.6 End of Insurance - as defined in Article 6 hereof.
2.7 Insured Event - an occurrence that involves the establishment of the obligation of the Insurer to provide Insurance Benefits according to Article 9 hereof.
2.8 Authorised Person – the Insured who is entitled to Insurance Benefits in the event of Insured Events involving Fraudulent Misuse of the Card as a result of the loss or theft of the Card, Fraudulent Misuse of the Card using the PIN Code as a result of the loss or theft of the Card, the loss or
theft of Keys or the loss or theft of Personal Documents.
2.9 Loss Insurance - insurance against Fraudulent Misuse of the Card as a result of the loss or theft of the Card, insurance against Fraudulent Misuse of the Card using the PIN Code as a result of the loss or theft of the Card, insurance against the loss or theft of Keys as long as they have been
lost or stolen together with the Card, and insurance against the loss or theft of Personal Documents as long as they have been lost or stolen together with the Card.
2.10 Insured Risk - Fraudulent Misuse of the Card as a result of the loss or theft of the Card, including Fraudulent Misuse of the Card as a result of using the PIN Code and the loss or theft of Keys and/or Personal Documents.
2.11 Policy Period - the period of time for which the Insurance Policy has been agreed. The Policy Period is different for each Insured; it starts upon the Commencement of Insurance and ends upon the End of Insurance.
2.12 Card - means any Citi Gold credit card or Gold employee charge card, as well as any Gold payment card issued by the Policyholder, with the international VISA trademark, held by an individual - the Insured, through which card the Insured makes use of Loan or of the funds deposited in the Card
account, regardless of whether or not the owner of the account (in the case of a credit card) is the Insured or (in the case of a Gold employee charge card or payment card) the employer of the Insured. 2.13 Agreement on the Issue and Use of Card - an agreement concluded between the Policyholder and the Policyholder’s Client (hereinafter referred to as the “Loan Agreement”).
2.14 Date of Financing – the date on which the Insured draws a Loan, i.e. the date on which the Policyholder enters the recovery order of the amount of financing in its information system.
2.15 Revolving Loan – a loan allowing the repeated use up to the amount of the Loan Limit, e.g. using a Credit Card (hereinafter referred to as “Revolving Loan”).
2.16 Loan Instalment – a single repayment of the Loan principal and interest inclusive of any other fees, involving the minimum amount agreed in the Loan Agreement.
2.17 Fraudulent Misuse of the Card - the unauthorized handling of (unauthorized transactions performed with) a Card as a result of the theft or loss thereof.
2.18 Stoplisting - blocking of the usage of the Card by inclusion in the Bank’s stop list.
2.19 Personal Documents - personal ID card, passport, residence permit, driving licence, and vehicle registration card (however, not the certificate of registration itself).
2.20 Keys – the keys, and generally any item or device, used to lock and unlock doors to the housing unit of residence of the Insured and to a vehicle owned or used by the Insured on the basis of a legal relationship.
2.21 PIN Code – a unique four-digit authorisation code for Card payments at POS terminals and Cash Withdrawals from ATM.
Article 3
Duration of Validity of Policy
3.1 This Policy shall come into force on the date of its execution, and it shall come into effect on 16 April 2007. Unless otherwise specified below, it shall expire on 31 December 2009. Unless either Party hereto gives notice to the other Party that the former does not insist on extending this Policy, the term of this Policy shall always be automatically extended by the period of one calendar year. Such a notice shall be sent to the other Party in writing by registered mail and it shall be served upon the other Party no later than three months prior to the date from which the term of this Policy would be automatically extended.
3.2 This Policy may also be terminated by a written agreement of the Parties as of the date specified therein.
3.3 The rights and duties of the Parties arising from the insurance of the Cards already insured hereunder before the last date of the term of this Policy shall survive the termination of this Policy according to this Article, and they shall apply until the agreed expiry of the insurance according to Article 12 hereof, and the mutual rights and obligations shall continue to be governed by this Policy.
3.5 Each Party may withdraw herefrom in the event of a material breach by the other Party of the provisions of this Policy. The withdrawal shall become effective on the date following the date of the service of the relevant notice in writing upon the other Party. The period for the closing and settlement of all the mutual obligations shall be 30 days from the withdrawal herefrom. The provision of Section 345 of Act No. 513/1991 Coll., the Commercial Code, as amended, shall apply to the determination of whether or not the breach was material.
Article 4 Insurance Coverage
4.1 Insurance of the Policyholder’s clients is established within the extent of “Card Insurance”, which includes the following type of insurance: “Fraudulent Usage Insurance 50”: - insurance against Fraudulent Misuse of the Card as a result of the loss or theft of the Card
- insurance against Fraudulent Misuse of the Card using the PIN Code as a result of the loss or theft of the Card - insurance against the loss or theft of Keys as long as they were lost or stolen together with the Card - insurance against the loss or theft of Personal Documents as long as they were lost or stolen together with the Card
Article 5
Insurance Terms and Conditions, Inception of Insurance
5.1 Card Insurance 50 (insurance against Fraudulent Misuse of the Card due to Card loss or theft)
The insurance is established for the Card held by an individual under the age of 75.
Article 6
Insurance Period, Commencement and End of Insurance
6.1 Unless otherwise specified hereinafter, the Insurance Period shall be equal to a calendar month.
The first Insurance Period shall commence on the date of the Commencement of Insurance, and end on the last day of the calendar month in which the first Loan Instalment is due. The last Insurance Period shall commence on the first day of the calendar month in which the End of this Insurance occurs in accordance with this Policy or the law, and end on the date on which the End of Insurance occurs.
6.2 The Commencement of Insurance is determined as follows:
at 00.00 o’clock on the date following the date on which the Card has been approved.
6.3 The End of Insurance is set as the last date of the effectiveness of the Loan Agreement, unless otherwise specified by Article 12 hereof. 6.4 The duration of the Insurance Period shall not affect the amount of the premium agreed in Article 7 hereof.
Article 7 Insurance Premium
7.1 The Policyholder shall pay the current premium for each Insurance Period for each insurance (i.e. for each Insured) into the account of the Insurer no later than on the 18th day of the calendar month following the end of the Insurance Period for which the premium is being paid.
7.2 The Insurer is entitled by law to modify the amount of the current premium for the following Insurance Period in connection with any changes in the conditions pertinent to the determination of the amount of the premium except changes in age and health condition. If the Policyholder does not agree with the modified amount of the premium and makes their disapproval known within 2 months of the date on which they became aware of the proposed modification, the Insurance Policy shall be terminated and the insurance shall expire upon the expiry of the Insurance Period for which the premium has been paid.
7.3 The insurance premium is subject to trade secrecy.
Article 8
Insured Event Process Terms and Conditions
8.1 In the event of an Insured Event, the Policyholder shall provide the Insurer with data only about the Insured involved in the Insured Event.
The Insured involved in the Insured Event shall provide to the Insurer without undue delay the following initial documents necessary for the assessment of the entitlement to the Insurance Benefits: •Completed “Insured Event Notice” form of the Insurer;
•a copy of a report to the Police of the Czech Republic on the theft of the Card and Keys and/or Personal Documents, if applicable, or a copy of a complaint received by a competent law enforcement agency in the event of the theft and subsequent Fraudulent Misuse of the Card and Keys and/or Personal Documents, if applicable;
•a copy of the Card account statement indicating the unauthorized transactions;
•copies of documents proving the actual amount of costs incurred in connection with the Insured Event, including, in particular, receipts for the replacement of locks, evidence of the cost of obtaining new Personal Documents, etc. 8.2 The Insurer may and shall conduct any further investigation itself, approaching the Insured or his/her counsel directly.
8.3 The Insurer reserves the right to request from the Insured such additional documents as the Insurer considers necessary, and examine such facts as the Insurer deems necessary in order to determine its obligation to pay. The Insurer acknowledges that any submissions of documents or additional certificates shall be made at the exclusive expense of the Insurer.
8.5 The Insured shall provide the Insurer with documents in the Czech language. Should such documents be provided in a foreign language, the Insured shall submit a translation of such a document into Czech, in which case the Insurer may request a certified translation into Czech.
Article 9
Insured Events and Insurance Benefits
9.1 a) In the event of entitlement to Insurance Benefits according to this Policy and the General Insurance Terms and Conditions and after the Insurer has received from the Insured and from the Policyholder the documents and data specified in Article 8 and Article 10.6 hereof, the Insurer shall pay the Insurance Benefits to the Authorised Person within 15 days of the date on which the Insurer has completed all the necessary investigations regarding the Insured Event in question. The investigation is deemed completed upon the Authorised Person being informed in writing by the Insurer about the results of the investigation.
b)If the investigation cannot be completed within six months following the date on which the Insured Event was reported, the Insurer shall inform the Authorised Person or the Beneficiary, as applicable, about the reasons for which the investigation cannot be completed. c)The period of six months shall not apply if the investigation is prevented or hindered by the Authorised Person (Beneficiary), the Policyholder or the Insured.
d) The expiry of the insurance shall be without prejudice to the right to the Insurance Benefits if the insurance expires after the occurrence of the Insured Event and if the right to the Insurance Benefits has been exercised at the Insurer within the period specified by law.
9.2 Insurance against Fraudulent Misuse of the Card
The Insured Event arises from the Fraudulent Misuse of the Card of the Insured as a result of the loss or theft of the Card. Insurance Benefits in the event of Insured Event involving Fraudulent Misuse of the Card as a result of the loss or theft of the Card: Entitlement to the Insurance Benefits in the Insured Event involving Fraudulent Misuse of the Card shall arise if the Card has been misused no more than 72 hours prior to the Policyholder’s Client’s report by telephone on the loss/theft of the Card and his/her request to block the Card, until the assumption by the Policyholder of the responsibility for any Fraudulent Misuse of the Card. The Insurance Benefits shall be provided up to a maximum amount of CZK 4,000 (four thousand Czech crowns), inclusive of the fees involved in the blocking of the Card, for each Card misused and a maximum of three times in a calendar year (i.e. the maximum Insurance Benefits paid by the Insurer in each calendar year are CZK 12,000).
9.3 Insurance against Fraudulent Misuse of the Card Using the PIN Code
The Insured Event arises from the misuse of the Card using the PIN Code as a result of the loss or theft of the Card. Insurance Benefits in the event of Insured Events involving Fraudulent Misuse of the Card using the PIN Code as a result of the loss or
theft of the Credit Card: The entitlement to Insurance Benefits under an Insured Event involving Fraudulent Misuse of the Card using the PIN Code shall arise if the Card has been misused no more than 72 hours prior to the Policyholder’s client’s report by telephone on the loss/theft of the
card and his/her request to block the card, until the assumption by the Policyholder of the responsibility for any Fraudulent Misuse of the Card. The Insurance Benefits shall be provided up to a maximum amount of CZK 50,000 (fifty thousand Czech crowns), inclusive of the fees involved in the blocking of the Card, for each Card misused and a maximum of three times in a calendar year (i.e. the maximum Insurance Benefits paid by the Insurer in each calendar year are CZK 150,000).
9.4 Insurance against the loss or theft of Keys
The Insured Event arises from the loss or theft of Keys as long as they were lost or stolen together with the Card. Insurance Benefits in the event of Insured Events involving the loss or theft of Keys:
Entitlement to the Insurance Benefits in the event of an Insured Event involving the loss or theft of Keys shall arise if the Keys of the Insured were lost or stolen together with the Card. The Insurance Benefits associated with the financial loss incurred by the Insured as a result of the loss or theft of the Keys shall be provided up to a maximum amount of CZK 3,000 (three thousand Czech crowns) for each Insured Event and a maximum of three times in a calendar year (i.e. the maximum Insurance Benefits paid by the Insurer in each calendar year are CZK 9,000).
9.5 Insurance against the loss or theft of Personal Documents
The Insured Event arises from the loss or theft of Personal Documents as long as they were lost or stolen together with the Card.
Insurance Benefits in the event of Insured Events involving the loss or theft of Personal Documents:
Entitlement to Insurance Benefits in the event of an Insured Event involving the loss or theft of Personal Documents shall arise if the Personal Documents of the Insured were lost or stolen together with the Card. The Insurance Benefits associated with the financial loss incurred by the Insured as a result of the loss or theft of the Personal Documents shall be provided up to a maximum amount of CZK 3,000 (three thousand Czech crowns) for each Insured Event and a maximum of three times in a calendar year (i.e. the maximum Insurance Benefits paid by the Insurer in each calendar year are CZK 9,000).
Article 10
Obligations of the Policyholder The Policyholder shall:
10.1 Ensure the proper collection of the premium and pay the premium to the Insurer according to Article 7 hereof.
10.2 Answer sincerely and completely all the written inquiries of the Insurer regarding the insurance, and pass on to the Insurer any and all information regarding the insurance hereunder which the Policyholder may learn or obtain from the Insured; this shall also apply to any changes in the insurance. 10.3 Provide due cooperation to ensure that all the documents requested by the Insurer from the Insured are duly completed and signed by the Insured.
10.4 Provide the Insurer, upon its request in writing, with any such additional information, summaries, and reports not specified herein as relate to the insurance, are readily available to the Policyholder and do not breach any commercial or banking secrets of the Policyholder or its confidentiality obligations or legal requirements regarding data protection.
10.5 Provide the Insurer with information about the Loan Agreements or amendments within the scope of which the Insurance herein has been arranged.
10.6 Inform the Insurer about any Insured Event about which it has learnt from the Insured, by providing the following information regarding the Insured and his/her Loan Agreement:
Information about the Insured: family name, first name, personal ID number, validity and effective date of Loan Agreement, date of occurrence of Insured Event, Insured Event type, Card number, and the date of the blocking of the Card by telephone in the event of fraudulent misuse.
10.7 Make and have proof of making the Insured aware of the terms and conditions of this Policy and of the General Insurance Terms and Conditions, in particular by publication on its website and in other places commonly used for providing information to the clients, and inform its clients about the availability of such terms and conditions in the letter confirming the Card application. Provide the Insured with a copy of the General Insurance Terms and Conditions upon the request of the Insured. In addition, the Insured shall receive from the Policyholder, upon the execution of the Loan Agreement or upon activation of the insurance, insurance information containing the key provisions regarding the rights and obligations of the Insured arising from this Policy and from the General Insurance Terms and Conditions.
10.8 Agree with the Insurer about any marketing materials concerning insurance according to this Policy, as well as any documents making reference to the Insurer.
Article 11
Obligations of the Insurer
11.1 The Insurer shall investigate any Insured Events it becomes aware of, and inform the Authorised Person or the Beneficiary, as applicable, in writing about the results of the investigation according to Article 9.1 (a) hereof.
11.2 The Insurer shall immediately inform the Policyholder about any Insured Event reported by an Insured, his/her counsel or a person determined according to Section 51 of the Insurance Policy Act, specifying the first name, family name and personal ID number of the Insured. 11.3 The Insurer shall immediately inform the Policyholder about any written communications from the Insured, his/her counsel or a person determined according to Section 51 of the Insurance Policy Act.
11.4 The Insurer shall provide free training for the Policyholder or such persons as are authorized by the Policyholder and as enter into contact with an actual or prospective Insured.
11.5 In the event of the payment of the Insurance Benefits under an Insured Event, the Insurer shall provide the Policyholder, free of charge, with information regarding the first name, family name and personal ID number of the Insured. 11.6 The Insurer shall ensure regular communication with the Policyholder, and appoint a person responsible for such communication.
11.7 The Insurer shall obtain the written consent of the Policyholder to any changes in the General Insurance Terms and Conditions; otherwise it shall be liable for any damage resulting therefrom. 11.8 The Insurer shall provide insurance coverage to the Insured in accordance with this Policy.
Article 12
Expiry and Termination of Individual Insurance
The insurance (meaning the individual insurance of an individual Insured) shall cease to exist:
12.1 on the last date of the validity of the Loan Agreement to which the insurance relates; 12.2 on the last day of the year in which the Insured reaches the age of 80;
12.3 by agreement of the Parties made in writing or by telephone and setting out the moment of the termination of the insurance and the method of the settlement of the mutual obligations; 12.4 upon the termination of the right to use the Card in accordance with the Business Terms and Conditions of the Policyholder;
12.5 upon the moment of the identification of fraudulent actions on the part of the Insured in relation to Card use;
12.6 at 24.00 o’clock on the day on which the Insured reported to the Policyholder the loss or theft of the Card within the meaning of the Policyholder’s Business Terms and Conditions, unless a new Card has been issued; 12.7 on the last date of the validity of the Card for which the insurance has been arranged, unless a new Card has been issued;
12.8 in the case of employee charge cards, the insurance shall cease to exist upon the termination of the employment relationship between the employee charge card holder and his/her employer who is the owner of the account for the Card.
Article 13
Confidentiality, Commercial Secrets, and Sharing Personal Data
13.1 The Insurer and the Policyholder shall keep confidential the commercial secrets of the other Party hereto and any other facts, the knowledge of which they gained in the performance of the activities under this Policy and which may prejudice either Party hereto. In particular, they shall protect information and data regarding the customers, business terms and conditions, and know-how of the other Party and they shall not disclose such information to any third party without the written consent of the other Party hereto. This obligation shall survive the contractual relationship established hereby.
13.2 The Policyholder and the Insurer shall share media and data - the personal data of the Insured - in an encrypted or otherwise secure form in order to prevent unauthorised access to such media or data or their misuse by an unauthorised person. The Policyholder and the Insurer shall also ensure the highest standards of technical and organizational security and data transfer as may be reasonably required with regard to the subject matter hereof and to the position of the Parties.
Article 14 Final Provisions
14.1 This Policy shall include, as an integral part, the General Insurance Terms and Conditions for Private Non-Life Insurance No. 3/2009, which form Annex I hereto. 14.2 In the event of a discrepancy between this Policy and the General Insurance Terms and Conditions for Private Non-Life Insurance No. 3/2009, this Insurance Policy shall prevail.
14.3 Should any provision of this Policy be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Policy shall not be affected.
14.4 The legal relations arising from this Insurance Policy shall be governed by the laws of the Czech Republic and any disputes arising herefrom shall be decided by Czech courts of law.
14.5 The Parties have agreed that the Insurer shall inform the Policyholder about all such material changes in the position of the Insurer as may affect the performance of the subject matter hereof (in particular, about any administrative or judicial proceedings initiated, etc.).
14.6 The Insurer declares that it meets all the technical, legal, personnel, and organizational requirements to duly perform the subject matter hereof, in particular to ensure the continued performance of the subject matter hereof in the event of any non-standard situation which may realistically occur in the place of performance of this Policy.
14.7 The Parties shall not assign their rights and obligations hereunder to any third party without the prior written consent of the other Party hereto. This provision shall not apply to the Policyholder within the meaning of the transfer of its rights and obligations hereunder, also without the prior consent of the Insurer, to any person within Citigroup, i.e. to any person directly or indirectly controlled by Citigroup Int. In addition, this provision shall also not apply to the transfer of the insurance portfolio in accordance with the Section 32 of Act No. 363/99 Coll., the Insurance Act.
14.8 This Policy has been prepared in two original copies, of which each Party shall obtain one.
14.9 The Policyholder declares that it is authorised, by virtue of agreement or according to special legal provisions and in accordance with Act No. 101/2000 Coll., on personal data protection, to share with the Insurer the third-party personal data specified in the Insurance Policy, account statements, and other documents for the purposes of insurance administration and performance by the Insurer of the obligations arising herefrom, for the period of the legal relations arising from the Insurance Policy and for the period necessary to settle the mutual claims arising from the termination of such legal relations.
14.10 In witness whereof the Parties confirm with their signatures.
GENERAL INSURANCE TERMS AND CONDITIONS FOR PRIVATE NON-LIFE INSURANCE NO. 3/2009
Article 1 Introductory Provisions
1.1 The private non-life insurance arranged by POJIŠŤOVNA CARDIF PRO VITA, a. s., with registered office in Praha 2 -Nové Město, Na Rybníčku 1329/5, ID No. 25080954, incorporated in the Company Register administered by the Municipal Court in Prague, Section B, File 4327 (hereinafter referred to as “the Insurer”) shall be governed by provisions of the Insurance Policy concluded by and between the Insurer and the Policyholder, whose integral part is formed by these General Insurance Terms and Conditions for Private Non-Life Insurance No. 3/2009 (hereinafter referred to as “the Insurance Terms and Conditions”), and shall be subject to the applicable provisions of Act No. 37/2004 Coll., on insurance policies as amended (hereinafter referred to as the “Insurance Policy Act” ), the applicable provisions of Act No. 101/2000 Coll., on personal data protection, as amended (hereinafter referred to as the “Personal Data Protection Act”), as well as other applicable generally recognised laws and regulations of the Czech Republic.
Article 2 Definitions
2.1 Policyholder – an individual or a legal entity who has concluded the Insurance Policy with the Insurer.
2.2 Insured – an individual whose values with regard to the insurance are covered by the private non-life insurance.
2.3 Authorised Person – an individual or a legal entity entitled to Insurance Benefits as a result of the Insured Event.
2.4 Insurance Benefit - an amount which is paid out according to the Insurance Policy if an Insured Event occurs.
2.5 Insured Event - a contingency that involves the emergence of the Insurer’s obligation to provide Insurance Benefits according to the Insurance Policy.
2.6 Policy Period – the period of time for which the private non-life insurance has been agreed.
2.7 Bank – a legal entity which issues electronic payment instruments according to Act No. 124/2002 Coll. on the transfer of funds, electronic payment instruments and payment systems, as amended.
2.8 Card (Payment/Credit/Loan) - an electronic Payment Instrument issued by a Bank.
2.9 Keys - the keys, and generally any item or device, used to lock and unlock doors to the house/housing unit of residence of the Insured and to a vehicle owned or used by the Insured on the basis of a legal relationship.
2.10 Personal Documents - personal ID card, passport, residence permit, driving licence, and vehicle registration card (however, not the certificate of registration itself).
2.11 Stoplisting - blocking of the usage of the Card by inclusion in the Bank’s stop list.
2.12 Mobile Phone and/or SIM Card Blocking - report on the theft of a mobile phone and SIM card with the request for the blocking thereof by a mobile network operator or through the Police of the Czech Republic.
2.13 Person Close to the Insured - a direct relative of the Insured, siblings, husband/wife, registered partner, and other persons having a family or similar relationship (common-law husband/wife) to the Insured.
2.14 Wallet - Wallet or handbag intended for keeping and transporting money and possibly the Personal Documents of the Insured.
2.15 Mobile Phone - a radio-mobile telecommunication device for personal use.
2.17 SIM Card - an active subscribed identification card for a mobile network, regardless of whether or not it is a prepaid card.
2.18 Fraudulent Misuse of Mobile Phone - unauthorised handling of a Mobile Phone and SIM Card resulting in costs which the Insured is obliged to pay to the mobile network operator and which were demonstrably incurred in connection with the theft of the Mobile Phone and SIM Card.
Article 3 - Type of Insurance
3.1 Under the private non-life insurance, the Insurer has arranged:
a)insurance against Fraudulent Misuse of the Card as a result of the loss or theft of the card b)insurance against Fraudulent Misuse of the Card using the PIN Code as a result of the loss or theft of the card c)Insurance against Card Misuse for Online Transaction as a result of the loss or theft of the Card
d)Insurance against Fraudulent Misuse of the Card using the PIN Code in an online transaction as a result of the loss or theft of the Card e)Insurance against the loss or theft of Keys as long as they were lost or stolen together with the Card
f) Insurance against the loss or theft of a Wallet as long as it was lost or stolen together with the Card g)insurance against the loss or theft of Personal Documents as long as they were lost or stolen together with the Card
h)insurance against forced Cash Withdrawal from ATM using the card under threat of physical violence, and the theft of cash withdrawn from ATM during an assault as long as the theft happens during the withdrawal of the cash or within 2 hours thereafter i) insurance against the theft of a Mobile Phone and fraudulent misuse of the SIM Card as long as the Mobile Phone was stolen together with the Card.
Article 4 Inception of Insurance
4.1 The insurance commences for each person under the terms and conditions set out in the Insurance Policy.
Article 5 Alterations
5.1. If the Parties agree on modifying any insurance previously arranged and unless otherwise specified in the Insurance Policy, any such modification shall become effective on the date agreed and no earlier than at 00.00 o’clock on the date following the date on which the agreement regarding the modification is concluded.
Article 6 Insurance Policy
6.1 The Insurance Policy shall be executed in writing and shall incorporate the present Insurance Terms and Conditions.
6.2 The Policyholder and the Insured shall sincerely and completely answer all written inquiries by the Insurer concerning the private non-life insurance being arranged. The same provision applies to any alterations to the private non-life insurance. The Insurer has the same obligation towards the Policyholder and the Insured.
Article 7
Processing Personal Data of the Insured
7.1 By giving his/her consent to the Insurance Policy, the Insured also gives his/her consent to the Insurer according to the Personal Data Protection Act that the Policyholder’s Client’s personal data, including sensitive information as per Section 4 (b) of the Act, may be processed by the Insurer within the framework of the insurance services and operations related to the insurance services as per Act no. 363/1999 Coll., on the insurance industry, as amended, for the purpose of the insurance (or Insured Event process) for the period that is necessary to arrange for all rights and obligations arising herefrom. The Insured declares that he/she has been properly informed about the processing of his/her personal data, his/her rights and the obligations of the personal data processors and administrators, including his/her right to withdraw his/her consent to the processing of his/her personal data in compliance with the provisions of Section 11 of the Personal Data Protection Act. Within the meaning of the Personal Data Protection Act, the Insured and the Policyholder agree with the transfer of their personal data to other states, and expressly agree that the Insurer may also disclose the data obtained in connection with the insurance to other entities operating in insurance, banking and other financial services and to associations of such entities. All the data provided hereunder shall be processed by the Insurer or a processor appointed by the former in compliance with Section 6 of the Personal Data Protection Act.
7.2 The Insurer declares that it shall comply with all the obligations arising for the Insurer from the Personal Data Protection Act.
7.3 The Policyholder and the Insurer shall share media and data - the personal data of the Insured - in an encrypted or otherwise secure form in order to prevent unauthorised access to such media or data or their misuse by an unauthorised person. The Policyholder and the Insurer shall also ensure the highest standards of technical and organizational security and data transfer as may be reasonably required with regard to their position.
7.4 If the telephone is used as an alternative means of communication by the Insured, the Policyholder or the Insurer, the Insured and the Policyholder agree that incoming and outgoing phone calls with the Insurer may be recorded and that such an audio recording may be used in connection with the contractual or any other legal relationship for the purposes of insurance and other activities defined by Act No. 363/1999 Coll. on insurance, as amended. The Insurer shall keep the recording of the telephone call for as long as the insurance is valid. Following this period, the Insurer may use the recording to protect the rights of the Insurer - the administrator of the personal data of the Insured and of the Policyholder contained in the recording, in particular as evidence for judicial, administrative or other proceedings to which the Insurer, the Policyholder or the Insured is a party. The Insured and the Policyholder agree that their personal data which they disclose to the Insurer and which are contained in the audio recording of the telephone call may be kept as part of the recording for the period and for the purposes for which the recording is to be kept.
Article 8 Insurance Premium
8.1 The insurance premium is a payment for private non-life insurance.
8.2 The amount and due date of the premium are determined in accordance with the rates applicable to the individual insurances and specified in the Insurance Policy. 8.3 The insurance premium is paid as a lump sum for the entire term of the insurance (single premium) or for the insurance periods (regular insurance).
8.4 The Insurer shall be entitled to the insurance premium for the period until the termination or expiry of the insurance for each Insured in accordance with the provisions of Section 13 (1) of the Insurance Policy Act.
Article 9 Insured Event
9.1 Insured Event refers to the financial loss incurred by the Insured during the Policy Period through Fraudulent Misuse of the Card of the Insured as a result of the loss or theft of the Card, through Fraudulent Card Misuse for Online Transaction as a result of the loss or theft of the Card, through the loss or theft of their Keys and/or Wallet and/or Personal documents, through the theft of their Mobile Phone and fraudulent misuse of the SIM Card if they were stolen together with the theft of the Card, through forced cash withdrawal from ATM using the Card under threat of physical violence or through the theft of cash withdrawn from ATM during an assault as long as the theft happens during the withdrawal of the cash or within 2 hours thereafter.
9.2 The territorial validity of the insurance is not limited.
9.3 The Insured, or the Authorised Person, if applicable, shall notify the Insurer without unreasonable delay about the Insured Event, giving a sincere explanation of the emergence and severity of the Insured Event, fill in the “Insured Event Notification Form”, produce the following required documents, and proceed in the manner agreed in the Insurance Policy.
9.4 When lodging their claim for the Insurance Benefit, the Insured, or the Authorised Person, if applicable, shall meet all their obligations specified in the Insurance Policy. 9.5 In the event of doubt, the Insured, or the Authorised Person, if applicable, shall prove that the Insured Event did indeed occur to the extent declared. 9.6 The Insurer may require additional documents and conduct additional investigations to determine the extent of its obligation to pay.
9.7 Any documents submitted to the Insurer as proof for the Insured Event shall be issued in accordance with the Czech law. The documents issued in accordance with the foreign law may be recognised by the Insurer as proof for the Insured Event if their content unquestionably indicates that the Insured Event did actually occur. Unless the documents submitted to the Insurer as proof for the Insured Event are issued in accordance with Czech law and are recognized by the Insurer as such, the event under the Insured Event shall be considered not to have occurred.
9.8 The Insured shall provide the Insurer with documents in the Czech language. Should such documents be provided in a foreign language, the Insured shall submit a translation of such a document into Czech, in which case the Insurer may request a certified translation into Czech.
Article 10
Insurance Benefit scope and maturity period
10.1 Upon occurrence of the Insured Event, the payment shall be made by the Insurer in accordance with the provisions of the Insurance Policy. 10.2 The Insurer may refuse to pay Insurance Benefit according to the Insurance Policy if:
10.2.1 the cause of the Insured Event is a fact of which the Insurer has learnt only following the occurrence of the event under the Insured Event and which it could not have had knowledge of when the insurance or an amendment thereto was agreed in consequence of the intentional or negligent failure by the Policyholder and/or the Insured to answer written questions sincerely or completely, provided that the Insurer would not have arranged the insurance hereunder or would have arranged it under different terms and conditions if it had had knowledge of such a fact, or,
10.2.2 when exercising his/her entitlement to the Insurance Benefit under the insurance, the Authorised Person has knowingly provided false or grossly distorted information as to the extent of the Insured Event or concealed any material facts related to such an event.
10.3 The Insurer may reduce the amount of the Insurance Benefit by up to 50% if the event under the Insured Event involving the obligation of the Insurer to provide an Insurance Benefit according to the Insurance Policy occurred in consequence of the use of alcohol, habit-forming substances or preparations containing habit-forming substances, and if the circumstances of the Insured Event justify it. This shall not apply if the aforementioned substances were contained in medications administered as prescribed to the Insured by a physician and if the Insured was not made aware by the physician or the producer of the medications that the activity that resulted in the Insured Event is not allowed under the influence of such medication.
10.4 The insurance shall only apply to such damage as has not been paid by the responsible person or from another insurance. 10.5 The insurance against the theft of the Mobile Phone and fraudulent misuse of the SIM Card shall not apply to Mobile Phone Accessories.
10.6 The Insurance Benefit shall be due no later than on the 15th day following the completion of the investigation. The investigation is deemed completed upon the Authorised Person being informed by the Insurer about the results of the investigation.
10.7 The costs incurred by the Insured in connection with the search for a lost or stolen Card and/or Keys and/or Personal Documents and/or Wallet and/or Mobile Phone, the travel costs connected with the loss or theft of the Card and/or Keys and/or Personal Documents and/or Wallet and/or Mobile Phone, in particular the costs connected with any loans of any money from banks or other individuals or legal entities, and costs incurred contrary to the laws and regulations of the Czech Republic or of the state in which the event under the Insured Event occurred shall not be deemed costs of rescue/salvage within the meaning of Section 32 of the Insurance Policy Act.
Article 11
Obligations of the Insured
11.1 If the violation of the obligations specified in the Insurance Policy Act or in the Insurance Policy has materially affected the occurrence or course of the event under the Insured Event, aggravated the consequences thereof, or affected the establishment or determination of the Insurance Benefit, the Insurer may reduce the Insurance Benefit in proportion to the impact of such a violation on the extent of the Insurer’s obligation to pay.
11.2 The Insured shall report the loss or theft of the Card, Keys, Wallet, Personal Documents, or Mobile Phone to the Bank or to the telecommunication service provider (mobile network operator), and to the police or other law enforcement agencies, as applicable, without unreasonable delay. 11.3 The Insured shall apply to the Bank for the complaints procedure without unreasonable delay upon identifying unauthorised transactions carried out with a lost or stolen Card.
Article 12 Exclusions
The Insurer has no obligation to pay out Insurance Benefits in the event of, or as a result of, the following circumstances: 12.1 All types of insurance:
12.1.1 Fraudulent Misuse of the Card, loss of Keys and/or loss of Personal Documents, loss of a Wallet, theft of a Mobile Phone and fraudulent misuse of the SIM Card that occurred prior to the Insured receiving the Card; 12.1.2 any usage of the Card using the PIN Code except insurance against Fraudulent Misuse of the Card using the PIN Code;
12.1.3 any usage of the Card that does not involve a physical presentation of the Card (except for insurance against the Card Misuse for Online Transaction), including Fraudulent Misuse using the PIN Code; 12.1.4 Loss of Keys and/or loss of Personal Documents and/or loss of the Wallet if they occur after the Card is stoplisted;
12.1.5 Insured Events resulting from intentional or fraudulent behaviour on the part of the Insured (negligent behaviour – e.g. leaving an item in an unprotected or generally accessible place, e.g. in a shopping basket, on a restaurant table, etc.); 12.1.6 Insured Events arising from earthquakes, floods, nuclear explosions and radiation, or the handling of weapons, explosives, inflammable or toxic substances;
12.1.7 Insured Events resulting from civil war or warfare, or active involvement in riots, criminal offences, terrorist acts, and sabotage; 12.1.8 Insured Events resulting from or in connection with fraudulent actions on the part of the Insured or of persons close to the Insured; 12.1.9 Insured Events resulting from or in connection with the illegal actions of the Insured.
12.2 Insurance against Mobile Phone theft and fraudulent misuse of a SIM Card:
12.2.1 The theft of a Mobile Phone from a vehicle parked on a public or freely accessible road (location) between 22.00 p.m. and 7.00 a.m.; 12.2.2 Theft except pick-pocketing, robbery, break-ins or burglary in a flat/premises intended for permanent housing.
Article 13 Expiry and Termination of the Insurance
13.1 The individual insurance terminates in compliance with the applicable provisions of the Insurance Policy Act: 13.1.1 Upon expiry of the Policy Period,
13.1.2 Upon notice of termination,
13.1.3 on the grounds of the failure to pay the premium; the insurance shall terminate on the date following the expiry of the period determined by the Insurer in the reminder to pay the premium or a part thereof, 13.1.4 upon withdrawal from the insurance,
13.1.5 upon receipt of a notification of the rejection of the Insurance Benefit,
13.1.6 upon the termination of the right to use the Card in accordance with the Business Terms and Conditions of the Bank, 13.1.7 upon the identification of fraudulent actions on the part of the Insured,
13.1.8 at 24.00 o’clock on the date on which the Client notified the Bank by telephone of the loss/theft of the Card, 13.1.9 in any other manner as defined in the Insurance Policy or the Insurance Policy Act, whichever legal fact comes earlier.
Article 14 Addresses and Service
14.1 Any written notices to the Insurer shall be sent to the address of its registered office; any written notices to the Policyholder, the Insured or any other person for whom any insurance right or obligation has arisen under the Insurance Policy (hereinafter referred to as “the Addressee”) shall be sent through the holder of a postal licence by standard post or by registered post to the most recent known mailing address in the Czech Republic or to the address notified by the Addressee to the Insurer if the address has changed. The Policyholder, the Insured, and the Insurer shall inform each other without unreasonable delay of any changes in their contact details. Written documents may be served by the Insurer or by a person authorised by the former; in such an event, the notice shall be deemed to have been served on the date of its receipt.
14.2 Any communication and requests regarding insurance shall be made in writing. Notices to the Insurer shall be effective upon service, and e-mail messages delivered to the agreed e-mail address shall also be considered as served in writing provided that the sender can be identified clearly and beyond question. In the event of doubt about the identification of the sender, the Insurer may request that the notice be supplemented by a notice in writing bearing the signature of the Policyholder.
14.3 Any communication from the Insured regarding the insurance shall be made via the Insurer through the call centre of the latter or by serving written notice to the address of the Insurer. 14.4 A written notice sent by the Insurer to the Addressee by standard post shall be deemed to have been served on the fifth day after posting, whether or not the Addressee has learnt about the service.
14.5 Any written notice sent to the Addressee by registered post or by registered post with a delivery slip shall be deemed to have been served on the date on which it is received by the Addressee or on the date indicated on the delivery slip, if applicable, unless it represents service according to the clauses below. A notice delivered to a recipient other than the Addressee (e.g. a family member) to whom the Mail Service has delivered the notice in accordance with the laws and regulations governing postal services shall be deemed served.
14.6 Should the Addressee refuse to accept the notice, the notice shall be deemed served on the date of such refusal by the Addressee.
14.7 If the Addressee has not been found at the address and if the notice sent by registered post or by registered post with a delivery slip has been deposited at the post office for collection and if the Addressee has failed to collect the notice within the collection period (according to the applicable mail service regulations), the notice shall be deemed to have been served on the last date of the collection period, regardless of whether or not the Addressee has learnt about the deposition or stayed at the delivery address. If the last day of the collection period falls on a bank holiday, the last day of the collection period shall be the first business day immediately following.
14.8 Should the notice be returned as undelivered, it shall be deemed to have been served on the date of its return to the Insurer.
Article 15 Final Provisions
15.1 The insurance premium surplus, if any, shall be included in the insurance reserves and may be used to make the insurance more advantageous by extending the scope of the insurance, increasing the amount of the Insurance Benefit or reducing the insurance premium. 15.2 The provisions of the Insurance Policy may derogate from the provisions of the present Insurance Terms and Conditions. In the event of a discrepancy between the Insurance Policy and these Insurance Terms and Conditions, the Insurance Policy shall prevail. 15.3 These Insurance Terms and Conditions shall become effective on 1 May 2009.
