Table of Contents
§ 1. General Provisions and Definitions . . . 1
§ 2. Definitions. . . 1
§ 3. Subject Matter and Scope of Car Assistance Insurance . . . 4
§ 4. Exclusion of Allianz Liability . . . 4
§ 5. Insurance Contract and Premium . . . 5
§ 6. Procedure in the Event of Accident, Breakdown of Theft of a Vehicle. . . 5
§ 7. Assessment and Payment of Benefits. . . 5
§ 8. Final Provisions. . . 5
General Conditions
General Conditions
of Car Assistance Insurance
KOCAE-O06
12/13
§ 1.
General Provisions and Definitions
1.
These General Conditions of Car Assistance Insurance, hereinafter referred to as GCI, shall apply to Car Assistance insurance contracts made by TU Allianz Polska S.A., hereinafter referred to as Allianz, with Policyholders having legal capacity to supplement the cover provided under an Autocasco insurance contract made with Allianz.
2.
Under these GCI, Allianz guarantees insurance cover to the insured per-sons – the Driver and Passengers of the vehicle identified in the insurance document:
1) when travelling within the territory of Poland;
2) when travelling within the territory of the European states participating in the Green Card system, excluding Russia, Ukraine and Moldova; with regard to the benefits specified in these GCI.
§ 2. Definitions
1.
Driver – any person authorized by the vehicle owner, driving the vehicle at the time of an event covered by Allianz under the GCI, subject to the provisions of paragraph 3.
2.
Passenger – any person carried in the vehicle at the time of an event covered by Allianz under the GCI, excluding persons carried for a fee, subject to the provisions of paragraph 3.
3.
Insured – any of the persons mentioned in paragraphs 1 and 2, entitled to the benefits, with the proviso that the number of persons carried must not exceed the number of seats stated in the registration document, up to a maximum of 9 persons.
4.
Accident – the following events resulting in damage or destruction of the insured vehicle:
1) a road Accident or collision involving other vehicles or road traffic participants;
2) other Accidents or collisions resulting from a sudden impact of mechani-cal force at the time of the vehicle’s contact with other vehicles, persons, things or animals from outside the vehicle;
3) damage by third parties; 4) fire, explosion or blackening;
5) hurricane, hail, thunderbolt, flood, landslide or subsidence, avalanche or other natural forces;
6) sudden effect of a thermal or chemical agent originating from outside the vehicle;
7) Immobilization of the vehicle in consequence of driving onto objects in such a way that wheels have no sufficient contact with the road surface 8) driving off the road after losing control of the vehicle.
5. Theft:
1) burglary as defined in Article 279 of the Criminal Code (CC); 2) Theft of a vehicle as defined in Article 278 of the CC, its parts or equipment; 3) Theft with the use or threat of violence as defined in Article 280 of the
CC (“robbery”);
4) unlawful taking of a vehicle for brief use, as defined in Article 2189 of the CC.
6.
Breakdown – any contingency resulting from internal causes of a mechani-cal, electrimechani-cal, electronic, pneumatic or hydraulic nature, causing the insured vehicle to stop, as well as events involving:
1) battery failure; 2) tyre failure;
3) vehicle lighting system failure; 4) wiper failure;
5) safety belt failure;
6) locking the car keys inside the vehicle or key damage; 7) failure of the alarm system;
5) refuelling with fuel intended for a different type of engine.
7.
Immobilization – a condition of the insured vehicle, which has been declared roadworthy and has a valid vehicle test certificate (unless the condition of the vehicle has not contributed to an Accident or Breakdown), resulting from an Accident, Breakdown or Theft of vehicle parts or equipment, which prevents the safe use of the vehicle on public roads.
8.
Immobilized Vehicle – an insured vehicle, declared roadworthy and having a valid test certificate (unless the condition of the vehicle has not contributed to an Accident or Breakdown), which cannot be used on public roads due to an Accident, Breakdown or Theft of vehicle parts or equipment
9.
Place of Residence – the Insured’s and the Policyholder’s address within the territory of Poland, entered in the insurance document.
10.
Towing – assistance provided to the Insured in a situation where the vehicle is unfit for use due to Immobilization.
1) As part of the assistance, Allianz shall arrange and cover the cost of vehicle repair on the spot at the location of the event, if the vehicle cannot be repaired on the spot, Allianz shall cover the cost of transport (Towing) of the vehicle from the location of the event to:
a) the nearest repair shop, garage, parking lot or the Place of Residence under the Standard and Plus options;
b) any place selected under the Exclusive option.
2) The cost of Towing shall be returned up to the following limits: a) Standard – EUR 125 for events within the territory of Poland or EUR
250 for events outside Poland;
b) Plus – EUR 1000 for events within the territory of Poland and outside Poland;
c) Exclusive – EUR 2000 for events within the territory of Poland and outside Poland.
3) The above limits shall apply to the aggregate costs of labour, on-the-spot repair (under the circumstances described above), the cost of Towing, if any, and the costs referred to in § 2 (13) (4) concerning the carriage of the Driver and Passengers and luggage. Allianz shall not cover the cost of spare parts.
4) If the vehicle is immobilized on a motorway and the Insured uses the assistance of special road service providers who are not commissioned by Allianz, the cost of assistance shall be paid directly by the Insured. Such cost shall be reimbursed by Allianz within 30 days of submission of original bills up to the following limits:
a) Standard EUR 125 within the territory of Poland or EUR 250 for events outside Poland;
b) Plus EUR 1000; c) Exclusive EUR 2000.
5) It shall not be possible to use the Towing service several times for one event giving rise to liability of Allianz, excluding a situation where it is necessary to tow a vehicle to a parking lot due to the fact that it is not possible to tow the vehicle directly to the destination specified in paragraph 10 (1) (a) (b) in accordance with § 2 (12) (1).
11.
Alternative Vehicle – assistance provided to the Insured in case of Accident, Breakdown or Theft.
1) As part of the Alternative Vehicle service Allianz shall arrange and cover the cost of an Alternative Vehicle with technical specifications similar to those of the insured vehicle for the periods mentioned below in the case of Theft; and in the case of Accident or Breakdown – for the dura-tion of vehicle repair, subject to paragraph 3 (b), but not longer than the maximum periods stated in subparagraph 2.
2) Maximum rental periods for an Alternative Vehicle: a) Standard – 4 days,
a) Plus – 7 days, b) Exclusive – 14 days.
3) An Alternative Vehicle shall be available at the Insured’s request in the following situations:
a) where an Immobilized Vehicle requires Towing;
b) where a damaged vehicle that does not need Towing has been taken for repair. The benefit will then be available for a period not longer than the time limits for repair set by the manufacturer of the make concerned in the Audatex or Eurotax program, excluding the waiting time for parts under the z Standard and Plus options.
Under the Exclusive option, an Alternative Vehicle shall be available for the actual duration of repair.
c) where the insured vehicle has been stolen.
4) Where it is not possible to arrange an Alternative Vehicle with speci-fications similar to those of the insured vehicle, Allianz shall arrange and cover the cost of a vehicle with specifications as close as possible to those of the insured vehicle, depending on the local availability of vehicles, subject to subparagraph 5.
5) In the case of the vehicles mentioned in § 3 (3), Allianz shall provide an Alternative Vehicle with specifications similar to those of the insured vehicle without taking into account any equipment related to the nature of its use.
6) Allianz shall cover the cost of delivery and collection of an Alternative Vehicle.
7) Allianz shall not cover the cost of fuel, insurance and motorway and parking fees, or costs related to vehicle rental, such as the lodging of security, deposit in the form of cash payment or placing a hold on funds in a credit card account for the duration of rental.
12.
Car Package – the provision of assistance in the following cases and includ-ing the followinclud-ing benefits:
1) In the event the vehicle is immobilized and it is not possible to tow the vehicle directly to the destination specified in paragraph 10 (1) (a) (b), Allianz shall arrange and cover the cost of parking for a period of not more than 2 days, up to the equivalent of:
a) EUR 25 – for an event within the territory of Poland; b) EUR 38 – for an event outside Poland.
2) If the repair or Towing of the vehicle is economically unjustified, Allianz shall, at the request of the vehicle owner, certified by a notary or filed with an Allianz unit or in the presence of an Allianz agent, which the agent certifies with his/her signature, arrange and cover the cost of legal scrapping of the vehicle up to the equivalent of:
a) EUR 50 – for an event within the territory of Poland; b) EUR 100 – for an event outside Poland.
Allianz shall decide whether such repair, Towing and scrapping are justified.
3) Allianz shall arrange and cover the cost of transport of a trailer/caravan to the vehicle owner’s Place of Residence within the territory of Poland if the vehicle covered by the assistance insurance has towed a trailer/ caravan and is beyond repair, has been scrapped or is to be towed to a repair shop within the territory of Poland, or has been stolen and has not been found within 48 hours of the notification of Theft.
4) Allianz shall cover the cost of shipment of necessary spare parts if una-vailable at the repair location within the territory of Poland or outside Poland and if the parts cannot be ordered through the repair shop. Allianz shall not be responsible for any interruption of production, for unavailability of spare parts or for the timing of delivery.
5) Under the Car Assistance contract, Allianz shall not cover the cost of any spare parts, maintenance repair or any vehicle diagnostic services provided by a repair shop.
6) Allianz representative may grant a loan to cover the cost of repair of the insured vehicle subject to prior lodging of a deposit. The terms of deposit shall be agreed on a case-by-case basis.
7) If onward travel is impossible due to a lack of fuel, Allianz shall arrange and cover the cost of delivery of a quantity of fuel sufficient to reach the nearest open filling station. Allianz shall not cover the cost of fuel.
13.
Driver and Passengers Package – the provision of assistance in the following cases and including the following benefits.
1) If the insured vehicle is immobilized at least 30 km from the Place of Residence and the towed vehicle cannot be repaired on the same day, Allianz shall arrange and cover the cost of overnight accommodation for the Driver and Passengers for a maximum of three days, up to the equivalent of:
a) EUR 50 per day per person for an event within the territory of Poland; b) EUR 75 per day per person for an event outside Poland.
2) If a repair of the insured vehicle immobilized owing to an event within the territory of Poland takes at least 48 hours, Allianz shall arrange and cover the cost of return of the Driver and Passengers to the Place of Residence or the cost of onward travel to the destination by first-class train or coach, with the proviso that onward travel costs shall only be covered if the distance from the place of the event to the destination does not exceed the distance to the Place of Residence. Using the benefits mentioned in paragraph 1 shall preclude the possibility of using the services mentioned in paragraph 2.
3) If a repair of the insured vehicle immobilized owing to an event outside Poland takes at least 48 hours, Allianz shall arrange and pay: a) the cost of onward travel to the destination by first class train, coach
or, where the journey takes more than 12 hours, by economy class air;
b) the cost of overnight accommodation for the Driver and Passengers for a period necessary to repair the vehicle, for a maximum of 3 days, up to the equivalent of EUR 75 per day per person.
Using the benefits mentioned in paragraph (a) shall preclude the pos-sibility of using the services mentioned in paragraph (b).
4) If assistance is provided consisting in Towing the vehicle in a situation where the Insureds cannot be by the vehicle Towing the Immobilized Vehicle owing to a limited number of seats, Allianz shall; arrange and cover the cost of:
a) carrying the Driver and Passengers as well as luggage up to the limits specified in paragraph 10 (2) to the location indicated by the Driver as the vehicle Towing destination
or
b) carrying the Driver and Passengers as well as luggage up to the limits specified in paragraph 10 (2) to one of the following locations indicated by the Insured:
− to the place of accommodation (specified in paragraph 13 (1) and (3) (b));
− to the place from which onward travel is possible (specified in paragraph 13 (2) and (3) (a);
− to the place where an Alternative Vehicle is made available. Allianz shall arrange and cover the cost of transport to the above-mentioned places only in a situation where the distance between the place of vehicle Immobilization and the place indicated by the Insured is smaller than or equal to the distance between the place of vehicle Immobilization and the place indicated by the Driver as the vehicle Towing destination.
5) In the event of vehicle scrapping or Towing a vehicle intended for scrap-ping, Allianz shall arrange and cover the cost of return to the Place of Residence of the Driver and Passengers:
1) for an event within the territory of Poland, by first class train or by coach;
2) for an event outside Poland, by first class train or, where travel takes more than 12 hours, by economy class air.
6) Allianz shall arrange and cover the cost of travel for the vehicle owner or a person authorized by the owner to collect the vehicle repaired or recovered after Theft:
a) for an event within the territory of Poland, by first class train or by coach;
b) for an event outside Poland, by first class train or, where travel takes more than 12 hours, by economy class air.
7) In the event of Theft of the insured vehicle, Allianz shall arrange and cover the cost of:
a) overnight accommodation for the Driver and Passengers for a maxi-mum of 2 days, up to the equivalent of:
− EUR 50 per day per person for an event within the territory of Poland; − EUR 75 per day per person for an event outside Poland. b) return to the Place of Residence of the Driver and Passengers if the
vehicle is not found within 48 hours of the notification of Theft: − for an event within the territory of Poland, by first class train or
by coach;
− for an event outside Poland, by first class train or, where travel takes more than 12 hours, by economy class air.
8) Accommodation cost shall not include the cost of food, local travel, telephone calls and other stay-related expenses.
9) If the insured has come into conflict with the justice system in the country of stay as a result of an Accident involving the insured vehicle outside Poland, Allianz shall grant a reimbursable loan to cover legal fees up to the equivalent of EUR 1000, provided that the loan is guaranteed by a person designated by the Driver and approved by Allianz. The loan shall be recoverable within 15 days of return to Poland or within 30 days of the bail payment date.
Allianz shall not be liable for any actions taken by a lawyer.
10) If the insured is detained outside Poland in connection with an Accident involving the insured vehicle and it is necessary to pay a bail required under the laws of the country concerned for the insured to be released from jail or to avoid jail, Allianz shall grant a reimbursable bail loan of up the equivalent of EUR 5000, provided that the loan is guaranteed by a person designated by the Driver and accepted by Allianz. The loan shall be reimbursable within 15 days of return to Poland or within 30 days of the bail payment date.
Allianz may refuse a bail loan if the detention results from breach of the laws of the country in which the Accident occurred.
11) If an unforeseen event (strike, Accident, disease, etc.) delays or other-wise affects the course of travel by the insured vehicle, Allianz shall, if requested by the Insured, convey necessary information to the Insured’s family or employer, and provide assistance in booking a hotel or flight. 12) If the Insured has sustained bodily injuries in consequence of an Accident involving the insured vehicle and the Insured’s health condition neces-sitates medical transport to a medical facility, Allianz shall arrange and cover the cost of:
a) transport of the Insured to a medical facility outside Poland or transport of the Insured to a Place of Residence in Poland or to a medical facility in Poland – if the Accident has taken place outside Poland;
b) transport of the Insured to a Place of Residence in Poland or to a medical facility in Poland – if the Accident has taken place within the territory of Poland.
Where necessary, transport outside Poland shall be provided under the care of a medical team appointed by Allianz.
The above benefits shall be provided without limitation as to the amount. The feasibility and mode of transport shall be decided solely by the medical team appointed by Allianz.
In the absence of consent by the Insured or a person acting on the Insured’s behalf to transport to the home country in the situation where the medical team appointed by Allianz finds transport to the home coun-try feasible, or if the Insured or a person acting on the Insured’s behalf takes decisions contrary to advice from the medical team appointed by Allianz, the Insured shall lose his/her entitlement to the benefits mentioned in paragraph 12.
13) If the Insured is hospitalized for a period of more than 7 days in conse-quence of an Accident involving the vehicle identified in the insurance document, Allianz shall pay the following costs for one close person named by the injured person:
a) single first-class train or coach fare or, where the journey takes more than 12 hours, economy class air fare;
b) the cost of overnight accommodation for a maximum of 5 days up to the equivalent of:
− EUR 50 per day per event for an event within the territory of Poland;
− EUR 75 per day for an event outside Poland.
The costs mentioned in subparagraph (a) shall be covered if the Insured is not accompanied by an adult person.
The costs mentioned in subparagraph (b) shall not include the cost of food, local transit, telephone calls or other stay-related costs. 14) If the health condition of the Driver of the insured vehicle prevents him/
her from driving the vehicle and none of the Passengers have a driving licence or can drive the vehicle, Allianz shall provide a replacement Driver for the return of the insured vehicle and Passengers to the Place of Residence within the territory of Poland. Return travel to Poland shall be by the shortest route, for a maximum of two days in Poland and a maximum of three days outside Poland. Allianz shall not cover the cost of fuel, motorway or parking fees. If the Insured is unable to return in the insured vehicle owing to a lack of free seat in the vehicle due to the engagement of a replacement Driver, Allianz shall cover the cost of a single first class train or coach fare or, where the journey takes more than 12 hours, economy class air fare.
15) If the Insured has suffered an Accident when travelling in the insured vehicle and is hospitalized, Allianz shall ensure post-hospital medical care and cover the cost thereof including:
a) home medical visit up to the equivalent of EUR 40; b) home nursing visit up to the equivalent of EUR 20; c) rehabilitation equipment up to the equivalent of EUR 40; d) psychological consultation up to the equivalent of EUR 40. 16) In the event of the Insured’s death in consequence of an Accident
involv-ing the insured vehicle, Allianz shall arrange and pay:
a) the cost of transport from the place of death to the place of burial within the territory of Poland. No limit shall apply to the cost of transport;
b) funeral expenses (cost of coffin, burial, etc.) up to the equivalent of a total amount of EUR 1000.
14.
Care of Children – arranging and covering the cost of accommodation and return to the Place of Residence within the territory of Poland of juvenile children in the Insured’s exclusive custody and covering the cost of food and care of children during their return if the Driver dies in consequence of an Accident or if the Driver is hospitalized for more than 3 days as a result of an Accident or sudden illness. Children’s travel shall be subject to the following conditions:
1) First class railway, coach or – where the time of journey is longer than 12 hours – by economy class air.
2) Allianz shall choose Allianz the children’s return travel route. 3) The cost of children’s return shall be covered only in the case where
a child’s return could take place with the use of a previously planned means of transport.
15.
Transport of Animals – arranging and covering the cost of bringing back to the Insured’s Place of Residence within the territory of Poland of domestic animals in the Insured’s exclusive care and covering the cost of feeding and care the animals during the return journey if the Insured dies in
consequence of an Accident or sudden illness or if the Insured is hospital-ized for more than 3 days in consequence of an Accident or sudden illness. Animals shall be transported by means of transport selected by Allianz. The benefit in the form of transport of animals shall, be available only when the person designated by the Insured or a close person guarantees care of the animals at the Insured’s Place of Residence and if the animal has all vaccinations and permits required within the territory of the countries on the route. The benefit shall not be available if the weight of one animal exceeds 150 kg. Allianz shall not arrange or cover the cost of veterinarian care and hotel for animals.
16.
Luggage Transport – arranging and covering the cost of transport of luggage carried by the Insured with a weight not exceeding 500 kg to the Insured’s Place of Residence within the territory of Poland or to the destination if the vehicle cannot be repaired at a service shop within 3 days or the finding of the vehicle after Theft is not possible on the same day. The benefit in the form of Luggage Transport to the travel destination shall be available of the cost of transport to the travel destination does not exceed the cost of transport to the Place of Residence and the weight luggage per person aged over 16 years does not exceed 20 kg, and the weight of luggage per person aged under 16 does not exceed 10 kg.
17. Navigator Package – a service consisting in:
1) provision of information before the journey in the insured vehicle concerning: road condition, route, formalities, documents;
2) provision of information during the journey concerning the authorized repair shop network, chains of car rental companies;
3) provision of information in the case of Accident involving the insured vehicle outside Poland concerning the formalities in Accident reporting and completing the Accident declaration.
18.
Navigator Package Plus – a service consisting in the provision of informa-tion according to the scope resulting from the Navigator Package service and additionally:
1) provision of information during the journey in the insured vehicle about traffic jams and new road layouts;
2) provision of information during the journey in the insured vehicle about the nearest petrol stations;
3) provision of information during the journey in the insured vehicle about the nearest tyre repair shop;
4) booking hotel accommodation and a meal in a restaurant, with the proviso that Allianz does not cover the cost of accommodation and meals; 5) provision of assistance in buying cinema tickets and finding a free
conference room.
19.
Four Seasons – a scheme consisting in the provision of the following services in the different seasons of the year:
1) Spring:
a) assistance in arranging the winter tyre storage service, with the proviso that Allianz does not cover the cost of tyre storage; b) provision of telephone information on sites suitable for picnics and
spring outings;
c) provision of information about upholstery washing services; d) arranging and covering the cost of decoration of the insured vehicle
for a ceremony (e.g. wedding) up to the limit of PLN 200 including VAT; the Insured shall have the right to use this benefit once during the insurance period;
e) provision of telephone information on necessary maintenance the car needs after the winter season.
2) Summer:
a) arranging and covering the cost of decoration of the insured vehicle for a ceremony (e.g. wedding) up to the limit of PLN 200 including VAT; the Insured shall have the right to use this benefit once during the insurance period;
b) arranging the purchase and delivery of a roof box carrier or bicycle carrier, with the proviso that Allianz does not cover the cost of the carrier itself;
c) arranging the rental of a caravan or motorhome and booking a caravan site, with the proviso that Allianz does not cover the cost of rental;
d) arranging the rental of other trailers (for boats, quads or motorcycles), with the proviso that Allianz does not cover the cost of rental. 3) Autumn:
a) assistance in arranging a summer tyre storage service, with the proviso that Allianz does not cover the cost tyre storage;
b) provision of telephone information on the replacement of fluids and protection of the vehicle before winter;
c) arranging safe driving lessons, booking places on a course, with the proviso that Allianz does not cover the cost of the course. 4) Winter:
a) arranging the purchase and delivery of a ski carrier or a roof box carrier, with the proviso that Allianz does not cover the cost of the carrier itself;
b) purchase and delivery of snow chains, with the proviso that once a year the cost of chain purchase is covered by Allianz; the benefit limit is PLN 200 including VAT;
c) provision of telephone information on ski runs in Poland and in Europe;
d) purchase and delivery of lock defrosting agents, with the proviso that once a year the cost of purchase of lock defrosting agents is covered by Allianz; the limit per benefit is PLN 100 including VAT.
20.
Vehicle Return After Repair (door to door) – arranging and covering the cost of delivery of the vehicle after repair by a substitute Driver to the Place of Residence or other place designated by the Insured, provided that the place is not further away than the Place of Residence. The service shall be arranged on condition that the vehicle has been repaired in consequence of Immobilization defined in § 2 (7) and the repair has taken more than 3 working days. The service shall be arranged on the following terms: 1) Allianz shall confirm with the repair shop, by telephone, that the vehicle
is ready for collection after repair, in particular that the cost of repair has been accounted for;
2) Allianz shall appoint a person to drive the insured vehicle;
3) the Insured shall send by fax or by email a signed authorization for the person appointed by Allianz to drive the insured vehicle.
Allianz shall not cover the cost of fuel, motorway or parking fees.
§ 3.
Subject Matter and Scope of Car Assistance Insurance
1.
The premium for the Autocasco (Motor Hull) insurance includes insurance cover under the Standard Car Assistance Standard option. Subject to pay-ment of an additional premium based on the scale of premiums, Allianz extends insurance cover under the GCI to include the Car Assistance Plus or Car Assistance Exclusive options, as selected by the Policyholder.
2.
Under the Car Assistance insurance, Allianz shall provide assistance cover for the following categories of vehicles:
1) Passenger vehicles; 2) dual purpose vehicles;
3) goods vehicles with a maximum load capacity of 2 tonnes for the Standard option or up to 3.5 tonnes for the Plus and Exclusive options; 4) caravans;
5) trailers with a maximum load capacity of 500 kg; 6) motorcycles with a cylinder capacity exceeding 50 cm3.
3.
For vehicles used for driving lessons, as taxis or vehicles used for paid Passenger transport, for rental to transport Passengers and for test and demonstration drives, insurance cover shall be provided only under the Car Assistance Standard option.
4.
Insurance under the Car Assistance Standard option
1) The insurance covers the benefits specified in the GCI consisting in assistance provided to the Driver and Passengers of the insured vehicle in connection with the following events:
a) Accident;
b) Breakdown, other than the Breakdown specified in § 2 (6) (8), occur-ring at a distance of at least 30 km from the Place of Residence, which kilometre limit does not apply to the cases referred to on § 2 (6) (2), (4), (5), (6) of the GCI;
c) Theft;
d) fuel shortage preventing onward journey if such an event occurs more than 30 km from the Place of Residence.
2) The insurance covers the services specified in the GCI in the form of assistance provided to the Driver and Passengers of the insured vehicle including:
a) Towing Standard;
b) Alternative Vehicle Standard; c) Car Package;
d) Driver and Passengers Package; e) Navigator Package.
5. Insurance under the Car Assistance Plus option
1) The insurance covers the benefits specified in the GCI in the form of assistance provided to the Driver and Passengers of the insured vehicle in connection with the following events:
a) Accident; b) Breakdown; c) Theft;
d) fuel shortage preventing onward journey.
2) The insurance covers the benefits specified in the GCI in the form of assistance provided to the Driver and Passengers of the insured vehicle in connection with the following events:
a) Towing Plus;
b) Alternative Vehicle Plus; c) Car Package;
d) Driver and Passengers Package; e) Navigator Package Plus.
6.
Insurance under the Car Assistance Exclusive option
1) The insurance covers the benefits specified in the GCI in the form of assistance provided to the Driver and Passengers of the insured vehicle in connection with the following events:
a) accident; b) breakdown; c) theft;
d) fuel shortage preventing onward journey.
2) The insurance covers the benefits specified in the GCI in the form of assistance provided to the Driver and Passengers of the insured vehicle in connection with the following events:
a) Towing Exclusive;
b) Alternative Vehicle Exclusive; c) Car Package;
d) Driver and Passengers Package; e) Navigator Package Plus; f) Four Seasons; g) Luggage Transport; h) Care of Children; i) Transport of Animals;
j) Vehicle Return After Repair (door to door).
§ 4.
Exclusion of Allianz Liability
1.
The benefits under these GCI shall not be available if the Accident or Breakdown has resulted from:
1) hostilities, riots, social unrest, except events in which the insured persons are caught abroad;
2) radioactive radiation, contamination, natural disasters; 3) epidemics or pandemics;
4) active participation of the insured persons in strikes, riots, acts of ter-rorism or sabotage, except Accidents suffered in self-defence or when bringing help to people in danger;
5) active participation of the insured persons in betting, crimes, fights, except Accidents suffered in self-defence or when bringing help to people in danger; 6) active participation of the insured vehicle in competitions or races; 7) the Insured driving the vehicle after having taken intoxicants,
psy-chotropic drugs or drug substitutes within the meaning of the Drug Addiction Prevention Act;
8) the Insured driving while affected by alcohol, such condition to be determined in accordance with the laws of the country in which the insured event has taken place;
9) the Insured driving a vehicle without the entitlement required by law or in the case of permanent or temporary revocation of official documents confirming the entitlement to drive the vehicle, unless the Driver is driv-ing a vehicle intended for drivdriv-ing lessons as part of a course prepardriv-ing for the driving test or supplementary lessons before the test, and the vehicle has been proposed for insurance in accordance with the nature of its use and the provision of § 3 (3);
10) the Insured’s intentional fault;
11) suicide or attempted suicide by the Insured;
12) failure to perform a vehicle repair advised after a prior Breakdown by the Allianz representative or repair shop.
2. Allianz shall not cover:
1) the cost of benefits provided without prior consent from Allianz, subject to § 2 (10) (4);
2) costs resulting from the Insured’s disease not related to an Accident; 3) benefits provided to persons carried for a fee;
4) benefits provided to any persons carried if their number at the time of the Accident exceeds the number of persons stated in the registration document of the vehicle, subject to the maximum of 9 seats;
5) benefits involving the arrangement and payment of the cost of accom-modation if Breakdown or Theft occurs within 30 km from the Place of Residence;
6) benefits involving the arrangement and payment of the cost of onward travel by a rented vehicle if the vehicle has broken down within 30 km from the Place of Residence – applies to the Standard Card Assistance option; 7) any indirect costs which the Insured has been forced to incur in
con-nection with the Immobilization of the vehicle;
8) costs arising from keeping the vehicle in condition unfit for driving or its use contrary to the manufacturer’s recommendations.
§ 5.
Insurance Contract and Premium
1.
An insurance contract shall be made for a period of one year, corresponding to the Autocasco insurance period.
2.
Car Assistance insurance cover for the Standard option shall commence and continue during the period of cover provided under Autocasco insurance. If the cover is extended to include the Plus or Exclusive options, insurance cover shall commence on the day following the payment of the entire pre-mium or its relevant instalment for the Car Assistance option concerned, unless the parties have agreed otherwise.
3.
Whenever Allianz ceases to be liable under an Autocasco insurance con-tract for a vehicle, Allianz shall cease to be liable under the Car Assistance insurance contract for the vehicle concerned.
4.
The vehicle owner may withdraw from the insurance contract if the con-tract is made for a period of more than six months. Withdrawal may take place within 30 days of the date of the contract, or, in the case of business operators, within 7 days of the date of the contract.
5.
Premium shall be fixed according to the scale of premiums applicable at the date of the insurance contract.
6.
If the insurance contract is terminated prior to termination of the insur-ance period specified in the policy, the Insured or a person authorized by the Insured shall be entitled to a premium refund for the unused insur-ance period – under the Plus and Exclusive options, pro rata to the unused insurance period.
7.
Premium shall be refunded to the Policyholder or to a person named by the Policyholder.
§ 6.
Procedure in the Event of Accident, Breakdown of Theft of a Vehicle
1.
Upon the occurrence of the events mentioned in paragraphs 4 (1), 5 (1) and 6 (1) of § 3, the Insured shall be required to:
1) immediately request, by telephone or by fax (except for the events mentioned in § 2 (10) (4), the assistance of the Polish-language centre of the Allianz representative (telephone calls can be made at the cost of the Allianz representative). The request should contain the following information:
– number and expiry date of the Car Assistance policy; – full names and addresses of the Driver and Passengers; – make and registration number of the insured vehicle; – exact place of the event and, where possible, telephone number; – brief description of the event and the type of assistance required. 2) provide physicians from the medical team appointed by Allianz with
access to all information on the health of the person who needs medical assistance;
3) report the loss within 7 days from the crossing of the Polish border or within 3 days from the occurrence of the event within the territory of Poland if the Accident or Breakdown has occurred on a motorway and the Insured has paid the cost of assistance directly as provided in § 2 (10) (4); 4) if possible, prevent the aggravation of the loss and limit the consequences
of the event.
2.
Allianz shall not take any action and shall be relieved from the reimburse-ment of any costs incurred by the Insured if it has not been notified about the event (except the events defined in § 2 (10) (4)) unless the failure to notify is due to an event of force majeure or other special circumstances.
3.
Allianz shall not be liable for delay or inability to provide benefits if such delay or inability to provide benefits results from strikes, social unrest, riots, acts of terrorism, sabotage, war (including civil war), radioactive radiation, force majeure, or from movement restrictions imposed by administrative authorities.
§ 7.
Assessment and Payment of Benefits
1.
If the payment of the benefits provided for in the GCI takes place abroad, the benefits shall be payable in the currency of the country in which the event covered by Allianz took place, in amounts equivalent to amounts denominated in euros.
2.
If the benefits provided for in the GCI are paid within the territory of Poland, the benefits shall be payable in zloty equivalents of amounts denominated in euros at the average rate of exchange published by the National Bank of Poland and applicable at the date of assessment of the benefit amounts.
§ 8.
Final Provisions
1.
Any action taken by the Allianz representative in connection with an event shall be in compliance with the laws of the country in which such action is taken and with the standards of international law.
2.
The insurance contract may be made on terms other than those set forth in the GCI only in writing to confirm the acceptance of such terms by the contracting parties.
3.
Any notices, statements and explanations shall be effective only if made in writing unless the provisions of GCI allow for other form of communication or the parties agree otherwise or the contract has been made using means of distance communication. The Insured shall be able to report a loss by telephone or electronically to the addresses or telephone numbers stated in the insurance document.
4.
The Policyholder (Insured) or loss payee may submit complaints to Allianz (Head Office or any Allianz organizational unit or Allianz representative) by post, courier mail or in person in connection with the conclusion or performance of the insurance contract. The unit authorized to investigate complaints is the Head Office (Headquarters). Immediately after having considered a complaint, Allianz shall notify in writing or as may be agreed otherwise the person who has submitted the complaint about how the com-plaint has been handled. Comcom-plaints may also be submitted to Municipal and District Consumer Ombudsmen or to the Insurance Ombudsman. Allianz is subject to supervision by the Polish Financial Supervision Authority.
5.
Any matters not provided for in these GCI shall be governed by the provi-sions of the Civil Code and other mandatory proviprovi-sions of the Polish law.
6.
Any disputes arising out of or in connection with insurance contracts shall be resolved by common courts having material and territorial jurisdiction over the registered office of Allianz or the Place of Residence of the Policyholder or the Insured or a loss payee under the insurance contract, in a civil process.
7.
These GCI were adopted by Resolution of the Management Board of TUiR Allianz Polska S.A. No 90/2013 of 19 September 2013 and shall apply to insurance contracts made on or after 13 October 2013.
