GENERAL AND SPECIAL INSURANCE CONDITIONS
ART. 3 - Cancellation of the policy due to non-payment of successive premiums within the thirty-day grace period. Once the fractionation of the premium payment has been agreed if, as a result of a claim, the total loss of the insured vehicle occurs, the amount of the fractions of the premiums not received by the Insurer, corresponding to the insurance annuity, will be deducted from the compensation. in progress. ART. 4 - Failure to pay the passive payments will cause the Insured to leave due to their condition as Mutual, once sixty calendar days have elapsed since it had been reliably required for payment. However, the contract will remain in force until the next expiration of the current annuity, at which time it will be terminated, but the Insured will remain liable for his pending debts. ART. 5, 6, 7 and 8 - Duty of the Policyholder or the Insured to inform the Insurer about the accuracy of the risk, the possible aggravation or reduction of the same, the objective conditions of the driver, the characteristics of the vehicle, the use to which it is destination and the consequences of non-compliance with such duties. ART. 9 - The Insurer will be released from his benefit if the Policyholder or the Insured had acted in bad faith. Otherwise, the Insurer's benefit will be reduced proportionally to the difference between the agreed premium and the one that would have been applied if the true entity of the risk had been known. ART. 11 - Obligation of the Insured to notify the purchaser in writing of the existence of the insurance and to the Insurer of the sale. Faculty of the Insurer to terminate the contract in cases of transmission of the insured vehicle. ART. 12 - The parties may oppose the extension of the contract by means of a written notification to the other party, made with a period of at least one month in advance of the conclusion of the current insurance period, when whoever opposes the extension is the Policyholder, and two months when it is the Insurer. ART. 13 - In the event of total loss of the insured vehicle, the contract will be terminated and the Insurer will have the right to make the premium for the current period its own. ART. 14 - Duty to notify the occurrence of the loss within a maximum period of seven days, in case of non-compliance, the Insurer may claim the damages caused by the lack of declaration. Loss of the right to compensation if in the declaration of the claim the Insured had incurred in intentional falsehood or simulation. ART. 15 - The compensation of the expenses originated by reducing the consequences of the accident may not exceed the insured sum. ART. 16 - Faculty of the Insurer to reject the claim based on the rules of the policy and action for repetition against the Insured for compensation and sums paid. ART. 21 - The coverage of Compulsory Underwriting Civil Liability will cover claims that occur throughout the territory of the European Economic Area and of the States adhered to the Multilateral Guarantee Agreement. The coverage of the voluntary contracting guarantees will take effect in the claims that occurred in the Spanish territory, Andorra and the member countries of the European Union, except for the provisions for the guarantee of Individual Accidents, Travel Assistance and Defense in Administrative Offenses of traffic. ART. 24 - There will be no place for compensation for late payment when the lack of satisfaction of the compensation or the payment of the minimum amount is based on a justified cause or is not attributable to the Insurer. ART. 26 - This contract is subject to Spanish jurisdiction. CIRCULATION FACTS: Circulation events will not be understood as those derived from the celebration of sports events with motor vehicles on circuits specially designed for that purpose or enabled for such events, without prejudice to the obligation to subscribe to a special insurance. Neither will those arising from the performance of industrial or agricultural tasks by motor vehicles specially designed for this, nor the movements of the vehicle insured by the Ports and Airports precincts be considered. The use of a motor vehicle as an instrument for the commission of malicious crimes against persons and property will not be considered in fact of circulation. ART. 27 - Point 1.- The consequences of the following events are excluded from ALL VOLUNTARY SUBSCRIPTION COVERAGES: a) Events that do not have the legal consideration of circulation events. b) Those caused maliciously with the vehicle or the vehicle, by the Insured or the driver. c) Those caused by earthquake, flood, volcanic eruption, uprising, plunder, civil or international war, seizure by civil or military authorities, and by mutiny, riot or revolt. d) Those produced by any modification of the atomic structure of matter or its thermal, radioactive or other analogous effects, as well as those produced by the artificial acceleration of atomic particles. e) Those that occur when the driver of the insured vehicle is intoxicated or under the influence of drugs, toxins, narcotics or psychotropic substances. It will be considered that there is drunkenness when the alcohol level is higher than the limit legally set at the time of the accident, or when this circumstance is included in a judgment as the determining and / or concurrent cause of the accident. f) Those produced on the occasion of the insured vehicle being driven by a person who lacks the corresponding driving license or has broken the sentence of cancellation or withdrawal thereof. g) When the driver of the insured vehicle that caused the accident is convicted as the perpetrator of the crime provided for in section 3 of article 195 of the Penal Code, regarding the omission of assistance. h) Those that occur on the occasion of the theft or theft of the insured vehicle, as well as for its illegitimate or unauthorized use expressly or tacitly by its owner, except as provided for the Theft modality. i) Those produced by motor vehicles that carry out industrial or agricultural tasks, such as tractors, harvesters, dump trucks, trucks with dump trucks, excavators, concrete mixers, cranes, compressors and other similar ones, when accidents occur on the occasion of developing the corresponding industrial or agricultural work and are not a direct consequence of the circulation of such vehicles. j) Those that occur when the regulatory provisions in terms of requirements and number of people transported, weight or measure of things or animals that could be transported or way of conditioning them have been violated, provided that the violation was the determining cause of the accident . k) Those that occur on the occasion of the participation of the insured vehicle in bets or challenges. l) Those that have the legal consideration of extraordinary events, whether or not they have been covered by the Insurance Compensation Consortium. Point 2.- The following events are excluded: a) Those that occur during the participation of the insured vehicle in races or contests, or in the preparatory tests for them. b) Those that occur as a result of transporting fuel, mineral essences and other flammable, explosive or toxic materials in the insured vehicle. c) Those that occur on the occasion of finding the insured vehicle inside the Ports or Airports enclosure, in the case of vehicles that usually circulate through said enclosures. Point 3.- Specifically for the guarantees of VOLUNTARY SUBSCRIPTION CIVIL LIABILITY, the following are excluded: a) Liability for damage caused to things transported in the vehicle. b) Liability for damage caused by things transported in the vehicle, or that are in the possession of the Insured or of persons for whom he must respond. c) Contractual civil liability. d) The responsibility derived from damages or injuries caused to the transported persons in the case of a vehicle not officially authorized for the transport of persons. e) Payment of fines, penalties and costs imposed by the competent Courts or Authorities. f) All those cases not covered by the Compulsory Subscription Civil Liability insurance.
1 - CIVIL LIABILITY IN LAND VEHICLES
1.1 Obligatory Subscription Civil Liability ART. 29 - The defects of the vehicle or the breakage or failure of any of its parts or mechanisms will not be considered cases of force majeure. ART. 30 - The compulsory insurance will guarantee the coverage of Civil Liability in motor vehicles with habitual parking in Spain, by paying a single premium, throughout the territory of the European Economic Area and of the States adhered to the Agreement between the national offices of insurance of the Member States of the European Economic Area and other associated States. Said coverage will include any type of stay of the insured vehicle in the territory of another member state of the European Economic Area during the term of the contract. When the victim capable of civil fault only contributes to the production of the damage, all compensation will be reduced, including those related to the expenses incurred in the cases of death, sequelae and temporary injuries, in attention to the concurrent fault up to a maximum of seventy-five percent. Such rules shall not apply if the minor or any of the persons mentioned have fraudulently contributed to the production of the damage. ART. 31 - Exclusions from compulsory insurance: 1. It will not cover the damages caused by the injuries or death of the driver of the insured vehicle. 2. Damages suffered by the insured vehicle, by the things transported in it, and by the assets owned by the Policyholder, Insured, owner and driver, as well as those of the spouse or relatives up to the third degree of consanguinity or affinity of the above. 3. Damage to people and property caused by a stolen vehicle, understood as such, exclusively, the behaviors typified in the Penal Code as robbery and theft of use, respectively. 4. Material damage that occurs when the regulatory provisions regarding requirements and number of people transported, weight or measurement of things or animals that could be transported, or the way of conditioning them have been violated, provided that the infringement has been a determining cause of the accident. 5. All the consequences derived from an event that is not legally considered as a fact of circulation. 6. All the consequences derived from the use or driving of the vehicle designated in the policy by those who do not have a driving license, fail to comply with the legal obligations of a technical nature related to the safety of the vehicle or, outside of the cases of theft and theft of use, illegitimately use motor vehicles of others or are not expressly or tacitly authorized by their owner. 7. Damages (material or bodily) when caused by driving under the influence of alcoholic beverages or drugs, poisons, narcotics or psychotropic substances. ART. 32 - Right of repetition of the Insurer for payments made on the basis of the Compulsory Civil Liability insurance against the driver, the owner of the vehicle responsible and the Insured, if the material and personal damages caused were due to driving under the influence of alcoholic beverages or of drugs, toxins, narcotics or psychotropic substances. Against the driver, the owner of the offending vehicle and the Insured, if the material and personal damages caused were due to the fraudulent conduct of any of them. Against the third party responsible for the damages. Against the Policyholder or Insured for causes provided in the Insurance Contract Law and in the contract itself. Against the Policyholder or Insured in the case of driving the insured vehicle by whoever lacks a driving license. In any other case in which such repetition could also proceed in accordance with the laws. The Insurer's action for repetition prescribes for a period of one year, counted from the date on which the payment was made to the injured party. 1.2 Civil Liability of Voluntary Subscription ART. 33.2 - This guarantee will cover the indemnities, within the limit agreed in the Particular Conditions, that exceed the quantitative limit of the Obligatory Underwriting Civil Liability coverage set at all times by the legal provisions that regulate said coverage. ART. 34 - Persons excluded from the VOLUNTARY SUBSCRIPTION CIVIL LIABILITY coverage: a) Those whose civil liability is covered by this modality, as provided in article 33 b) The spouse, ascendants or descendants of the persons indicated in the letter above, as well as the members of the families of said persons up to the third degree of consanguinity or affinity. c) When the Insured is a legal person, their legitimate representatives, as well as the spouse and members of the families of said representatives who are, with respect to them, in any of the cases provided for in the previous letter. d) The employees or wage earners of the people whose civil liability is covered by this coverage, in those claims that are recognized as work accidents. ART. 35 - Faculty of repetition of the Insurer against the Insured, owner and driver with respect to compensation paid for acts due to malicious conduct of those, the drunkenness of the driver of the insured vehicle, or accidents in which other causes that exclude or limit contractually risk.ART. 36 - In the case of legal actions brought by injured parties, the Insurer will continue, on its own account, with its Lawyers and Attorneys, the defense of the Insured and driver regarding civil actions, for which purpose the defendant must provide the necessary powers whatever whatever the type of procedure. If the Insured and / or driver are convicted, the Insurer will decide whether to appeal to the competent Superior Court. However, if the Insurer deems the appeal not appropriate, it will notify the interested party, leaving the latter free to file it on their own and the Insurer obliged to reimburse him for all the expenses incurred up to the limit of the economy achieved, if the appeal obtains a further resolution. beneficial. Prohibition for the Insured and the driver to carry out any act of acknowledgment of responsibility without prior authorization from the Insurer. ART. 38 - Obligation of the Policyholder, the Insured and the driver to notify the Insurer of any judicial, extrajudicial or administrative notification related to the loss, as soon as they become aware of it. Loss of the right to compensation or power of repetition of the Insurer if intent or gross negligence concur in the breach of these obligations.
2 - LAND VEHICLES (Damages)
2.1 Damage to the insured vehicle ART. 39 - 1. Excluding damage caused by sea or air transport. 2. c) Lack or malicious act of third parties that has a political-social nature. e) Accidents caused by material defect, construction defect or poor maintenance, it being understood that the Insurer's guarantees in such cases are limited to repairing the damage caused by the accident and not to that of the defective or poorly preserved parts. 3. The essential cost of transporting the damaged vehicle to the nearest workshop is covered, as long as there is damage to it that prevents or discourages its circulation. 4. a) It will be considered that there is a total loss when the amount of damage to the vehicle exceeds its market, acquisition or new value. b) Damages suffered by the insured vehicle as a result of a collision with vehicles, people, animals or things, provided that they are identifiable. ART. 40 - Cases excluded from the coverage of Land vehicles, in addition to those of article 27: a) Damage caused to the insured vehicle by the objects transported or due to the loading or unloading of the same. b) Damage caused by seismic, atmospheric or thermal phenomena, including those due to freezing of the radiator water. c) Damages caused by acts of vandalism that exclusively affect tires (tires and tubes). Valuation of the tires according to the state of use and value at the time of the accident. d) The eventual depreciation of the vehicle subsequent to the repair after an accident. e) Damages that affect the accessories of the insured vehicle f) Damages that occur during the circulation of the insured vehicle in places that are not suitable roads. g) The breakdowns produced as a result of the movement of the vehicle or the starting of the engine or manipulation of any other part after an accident, as well as the seizure of the engine and the damages derived from it. ART. 45 - 1. Repairs will be valued according to their actual cost. The amount of the pieces will be paid to the Insured according to the last price they had reached before being exhausted. 2. The Insurer will consider that there is a loss or total loss when the estimated amount of repair of the damaged vehicle exceeds 100% of the new, acquisition or sale values. If this event occurs, the contract will be terminated, once the compensation has been paid by the Insurer and the total annual premium by the Insured. 3. Its valuation will be carried out as follows: a) When the claim occurs before one year has elapsed from the date of its first registration: 1º According to the new value, 100%, the Insured being the first owner. 2 According to the acquisition value if the Insured is the second or subsequent owner of the vehicle. b) Based on its market value at the time prior to the claim, if it occurs after one year from the date of the first registration of the insured vehicle. 4. As a general rule, the remains of the vehicle will remain in the possession of the Insured, deducting the value of those from the compensation to be paid by the Insurer. 5. When the payment of the amount of the repair is agreed, the Insured must present, as a prerequisite, the proof / invoice of the damage. 6. Limitation of 200 euros for urgent repairs by the Insured, who must present the invoice together with the claim declaration. 7. Tires will be compensated according to their state of use and value at the time of the accident. ART. 46 - In the event of a fire, the Insured must report the incident to the competent authority and may not abandon the damaged property on behalf of the Insurer. The Insurer shall not be obliged to indemnify the damages caused by the fire when it originates through intent or gross negligence of the Insured. 2.2 Theft of the vehicle ART. 48 - In addition to the general exclusions established in article 27 and that may affect this type of Theft, the following shall apply: a) Theft that has its origin in gross negligence of the Insured, the Policyholder, the driver or the people who depend on or live with them. b) The abductions of which the Insured's family members, up to the third degree of consanguinity or affinity, or the dependents or employees of any of them are perpetrators, accomplices or accessories. c) Theft occurred on the occasion of claims derived from extraordinary risks. d) The theft or loss of keys, controls, cards or any other device that allows the opening, closing or starting of the vehicle. e) Damages caused by acts of vandalism. f) Vehicle accessories. ART. 49 - Obligation of the Insured to report the theft of his vehicle to the competent authority, indicating the name of the Insurer. ART. 50 - In the case of the theft of the complete vehicle, its valuation will be made as follows: a) When the loss occurs before one year has elapsed from the date of its first registration: 1º According to the new value, 100 %, the Insured being the first owner. 2 According to the acquisition value if the Insured is the second or subsequent owner of the vehicle. b) Compensation will be made according to its market value, at the time prior to the claim, if more than one year has elapsed since the first registration. In the case of the theft of insured vehicle parts or accessories, the compensation must not exceed the amount of the theft of the entire vehicle. If the theft affects accessories and parts that constitute fixed parts of the vehicle, they will be compensated at the new value at the time of the theft; that of the battery, catalytic converter or standard tires, will be paid according to their market value. ART. 51 - If the stolen vehicle is recovered within thirty days from the date of theft, the Insured will be obliged to accept its return. If the recovery takes place after this period, the Insurer shall be obliged to offer the Insured the recovered vehicle and to return it to him provided that he expresses his acceptance within the fifteen days following the offer. In this case, the Insured will reimburse the Insurer for the compensation received. If not accepted, the vehicle will remain the property of the Insurer. 2.3 Glass breakage ART. 52 - Excluding damages caused in the case of maritime or air transport. ART. 53 - The following are not guaranteed by this coverage: a) The breakage of headlights, lights, lamps, interior or exterior mirrors, glass roof, sunroof, or any other type of glass objects of the insured vehicle. b) Windows that are not made of glass. c) The breakages caused in the repair work of the insured vehicle. d) Accessories.
3 - LEGAL DEFENSE
The net amount of this guarantee is 19.16 euros, the amount of taxes and surcharges 1.56 euros and the total is 20.72 euros. INSURED: The person or persons designated in the Particular Conditions as such, their spouse, ascendants or descendants (up to the third degree of consanguinity or affinity, as long as they habitually live with them or at their expense), employees and authorized driver. ART. 54 - The Insurer assumes the expenses derived from the Insured's criminal defense or from the claim for damages caused by a third party, all derived from a traffic event in which the insured vehicle has intervened. The Insurer, on his own behalf, will assume, with his Lawyers and Attorneys, the defense of the Insured regarding civil liability actions, for which purpose the defendant must provide the necessary powers. ART. 55 - The coverage of this guarantee will not include the following expenses: 2. The rights and supplies of the Procurator, when his intervention is not mandatory. 4. The fees of Experts whose intervention is not necessary. 6. Compensation and fines. ART. 56 - In addition to the general exclusions defined in article 27, the following shall apply: a) Any kind of actions that derive, directly or indirectly, from events produced by nuclear energy, genetic alterations, radioactive radiation, natural disasters, military actions, riots, explosions and terrorist acts. b) Facts derived from the Insured's participation in sports competitions or events not expressly covered by the Particular Conditions. c) The legal defense that does not derive from accidents or traffic events. d) Compensation, fines or penalties to which the Insured is convicted. e) Claims arising from contractual obligations. f) The bonds to guarantee civil liability. g) Taxes or other payments of a fiscal nature, arising from the presentation of public or private documents before Official Bodies. h) The expenses that come from an accumulation or judicial counterclaim, when they refer to matters not included in the guaranteed coverage. i) The expenses corresponding to litigation between the Insured and the Insurer for contractual issues derived from the policy contracted. j) Defense of civil liability covered by this policy. k) The criminal defense of the Insured in a process for a crime against traffic safety, especially for driving under the influence of alcoholic beverages or under the influence of drugs, toxins, narcotics or psychotropic substances. ART. 57 - If the Insurer does not consider it likely to obtain a better judicial result, it will notify the Insured, who may pursue the claim on his own account. In this case, the Insurer undertakes to reimburse the Insured for legal expenses, including those of Lawyer and Attorney, with the limit of the insured sum, in the event that said claim is successful above the compensation offered. The provisions of the preceding paragraph also apply in cases in which the Insurer does not deem it appropriate to appeal a Judgment or other judicial resolution. The Insured expressly empowers the Insurer and their legal representatives to directly receive compensation. ART. 58 - In case of freely choosing the Procurator and the Lawyer, the Insured will have the obligation to reliably communicate to the Insurer the data of such professionals. ART. 59 - The Insurer will pay, up to the maximum limit set in the Particular Conditions, the expenses of the Lawyer and Attorney, provided that their intervention is mandatory, in accordance with the guidelines of the corresponding Professional Association, which will be considered as maximums, remaining at the Insured's charge the difference, if any. The Insured will be responsible for the expenses and fees for the trips that the appointed professional includes in his minutes, if he resides in another judicial district different from the one in the procedure. The Insurer will not pay the expenses of such professionals in which the Insured may incur, when the judgment requires their payment to the opposing party.
4 - INDIVIDUAL ACCIDENTS
Driver's Insurance ART. 60- The Insurer guarantees the payment of the indemnities provided for in the policy when the Insured suffers an accident, driving the insured vehicle declared in the Particular Conditions, from the moment in which he gets on it until the moment he has descended, and for other related events intimately with driving, as long as the vehicle is driven by an authorized person and is in possession of the required driving license. ART. 61 - Accidents that occur in unexplored regions and / or exploratory trips are excluded for the guarantees of death and permanent disability. The healthcare expenses guarantee is applicable to accidents that occur within the territory of the countries belonging to the European Economic Area. ART. 62 -PRESTATIONS 62.2. Permanent Disability - In the event of partial permanent disability, the compensation to be paid will be the result of applying, on the capital agreed in the Particular Conditions for absolute permanent disability, the percentages detailed in the table reflected in the General Conditions. Cases of loss or paralysis of a part of the body and, in general, of all injuries, mutilations or functional disabilities not listed in the table, will be assessed taking into account the degree of decrease in capacity that they produce, without their assessment being able to exceed 50% of that attributed to the loss or total paralysis of the limb or organ in question. The loss or injury of a useless limb or organ prior to the accident will not give the right to any compensation for disability. For the purposes of said compensation, the aggravation due to pre-existing deformities or mutilations will not be taken into account and for the calculation of the same, only the loss suffered as a result of the accident will be taken into account. If as a consequence of the same, after the compensation for permanent disability has been paid, the death of the Insured occurs, the amounts paid by the Insurer will be considered on account of the sum insured in the event of death. 62.3 Health Assistance. Health care is guaranteed for a maximum period of three hundred and sixty-five days from the date of the accident, with the limit of the insured sum established in the Particular Conditions. The Insured is obliged to submit to the examinations that the Insurer provides, carried out by the physicians designated by it, as well as to provide them with the necessary information for the best performance of their function. ART. 63 - Those who have reached the age of sixty-five at the time of contracting the insurance are not insurable persons. ART. 64 - List of risks excluded from this coverage: a) Illness of any nature whatsoever (professional or not), even when it has been aggravated by an accident that occurred before, at the same time or after the illness. b) Injuries caused by X-rays, the use of radium and its compounds. c) Injuries that come from myocardial infarctions, heart attacks or strokes, angina pectoris, aneurysms, congestion, hernia, strains, lumbago, tears or breaks of muscle fibers and of any vessels whatsoever, whitlows, cysts, hardness, synovitis , ulcer of varicose veins, rheumatism, heat stroke, frostbite and heat or other effects of temperature that are not the result of an accident. d) Those caused intentionally by the Insured. e) Reaction or nuclear radiation or radioactive contamination. f) Accidents that occur as a result of an act of reckless negligence or gross negligence of the Insured, thus declared in court, as well as those derived from his participation in criminal acts. g) The active participation of the Insured in bets, challenges or fights. h) The consequences resulting from suicide, as well as accidents suffered by the Insured in a situation of mental derangement, or due to being drunk or under the effect of drugs, toxins, narcotics or psychotropic substances. For these purposes, it will be considered that there is drunkenness when the level of alcohol in the blood is higher than the regulatory limit set at the time of the accident, or the Insured is sanctioned or convicted for this cause. i) Intoxication or poisoning by ingestion of food products. j) Injuries resulting from surgical interventions or medical treatments not motivated by an accident covered by the policy. k) Infectious diseases, such as sleep, malaria, malaria, yellow fever and, in general, diseases of any kind, fainting, syncope, strokes, epilepsy or epileptiforms and caused by any kind of loss of consciousness or faculties. mental. l) Accidents that occur when the vehicle is driven by an unauthorized person or who is not in possession of the required driving license. m) The consequences of accidents that occur prior to the entry into force of the insurance, even if these are manifested during its validity, nor the consequences, sequels or deaths of a covered accident, that appear after three hundred and sixty-five days following the date of its occurrence.
5 - TRAVEL ASSISTANCE
The coverage indicated in chapters I and II (Risks to people with or without a vehicle and Vehicle risks) highlighted in bold in sections A, D, E, F, G and H of chapter I are excluded from this guarantee. , and sections A, B, C, E, F, G, H, I and J, of chapter II. In addition, the coverage of the indicated chapters I and II, in the events that occur with the insured vehicle outside urban or interurban roads, are excluded from this guarantee.
6 - EXTRAORDINARY RISKS
From the compensation of the Insurance Compensation Consortium, all those risks determined by the legislation in force at the time of the loss will be excluded. The Policyholder expressly accepts the Limitation Clauses indicated in these sheets with special knowledge of the consequences of driving the insured vehicle in a state of intoxication related to the exclusion of the coverage and right of repetition of the Insurer, included in Articles 27, 31 , 32, 34, 35, 40, 48, 53, 56 and 64 of the General Conditions, 5 of the Defense in Administrative Traffic Offenses and 2 of the Subsidy for Vehicle Stoppage according to the insurance coverage contracted.