Ayvens Ireland

This document sets out the Terms of Business of Euro Insurances DAC trading as Ayvens Insurance, in accordance with which your relationship with Ayvens Insurance will be governed. Euro Insurances DAC trading as Ayvens Insurance is regulated by the Central Bank of Ireland.

For your own benefit and protection, you should read these Terms of business carefully before agreeing to them. If you have any questions regarding the information in this document, please raise them with us, otherwise, we will assume you are in agreement with them.

About Us

The underwriter of your insurance is Euro Insurances DAC trading as Ayvens Insurance, registered office Second Floor, Block C, Central Park, Leopardstown, Dublin 18, have a companies registration office no. 222618 and VAT no. 8222 618E.

Ayvens Insurance is registered as a non-life insurance undertaking pursuant of the European Union (Insurance and reinsurance) Regulations 2015 and is regulated by the central bank of Ireland (C333597).

Ayvens Insurance is subject to the Central Bank’s Code(s) of conduct which includes the Consumer Protection Code, the Minimum Competency Code and the Fitness and Probity Standards, which offers protection to consumers. These codes can be found on the Central Bank’s website (www.centralbank.ie). Ayvens Insurance is a wholly owned direct subsidiary of Ayvens Corporation N.V., a global fleet and vehicle management group.

What We Do ​ Ayvens insurance is a non-life insurance undertaking that provides motor and related insurance products.

How We Charge

The charge for our services is known as the premium (including applicable government levies and premium taxes). This premium and any optional covers are separately specified in your Schedule/Renewal Notice. In some circumstances Ayvens insurance may offer the facility to pay the insurance premium by installment.

Renumeration

Employees of Ayvens insurance receive a salary which may be topped up with a performance bonus; however, employees do not receive any commission or bonus related to payments that are linked to the scale of your insurance.

Claims

If you need to make a claim on your Policy, please contact our claims handler, Sedgewick Outsourcing Servicing Group, at +353 1 6615344 or at the following email ayvensclaims@ie.sedgewick.com. All claims will be dealt with in a fair and efficient manner in accordance with the terms of your Policy.

Phased Claim Payments

We, and our claims handling partner(s), reserve the right to release claims payments on a phased basis, as agreed repair or reinstatement work is being completed. As the work is undertaken and the estimate of the cost of the work is received, we will release a portion of the monies owed. Once we have received final invoices/receipts from you, we are satisfied that the work has been completed and the repair costs have been incurred, as agreed with you, the remaining payments can be released.

Conflicts of Interest

It is our policy to maintain administration structures to ensure that the potential for any conflict of interest is avoided as far as possible. Ayvens Insurance will notify you of the nature and/or source of conflicts where there is a real or potential risk of damage to your interest and where our efforts to manage such conflicts may not be sufficient to ensure, with reasonable confidence, that you will not be disadvantaged. In such circumstances, your prior written agreement will be sought prior to progressing the relevant matter. If you become aware of the existence of a conflict of interest on our part, please let us know so that we may seek to resolve any issues.

Default

Non-payment of your premium or part thereof (including where you are using our Direct debit option), or breach by you of certain Policy conditions may lead to your Policy being revoked or cancelled, in accordance with the terms set out below or set out in your Policy. A copy of your Policy is available on request.

Consumer Insurance Contracts Act (CICA) 2019

Duty of Disclosure relates to customers who are defined as a consumer under CICA, the definition of a consumer and your duties and rights under this Act can be found at Consumer Insurance Contracts Act 2019 (www.irishstatuebook.ie).

Rights and duties:

• You must:

• •

  take reasonable care in answering all the questions which are relevant to Ayvens Insurancein providing this insurance and setting the terms and premium. Please contact us if you do not understand any question. It shall be presumed that the information previously provided has not altered. If you make a false or misleading claim, Ayvens Insurance is entitled to refuse to pay and to terminate the contract.

• •

  tell Ayvens Insurance as soon as practicably possible about any changes to the information. We will tell you if such change affects your insurance and if so, whether the change will result in revised terms and/or premium being applied to your policy. Ayvens Insurance may refuse a claim made by you under a contract of insurance, where there is a change in the subject matter of the contract, including as described in an “alteration of risk” clause below.

• Completed proposal forms or Statements of Facts may be provided to you. These are important documents as they form the basis of the insurance contract between Ayvens Insurance and you the consumer. You should review and confirm the answers contained within and you must let us know immediately if the answers are not true or accurate.

• If Ayvens Insurance intends to exclude certain matters from coverage under the contract of insurance, they shall do so explicitly in writing prior to the commencement of the contract.

• Where Ayvens Insurance becomes aware that you have made a fraudulent claim, we must notify you advising that the contract of insurance is void. It will be treated as being terminated from the date of the submission of the fraudulent claim. Ayvens Insurance is under no obligation to return any of the premiums paid under the contract.

• Where a claim is false or misleading in any material respect and which the consumer either knows to be false or misleading or consciously disregards whether it is false or misleading, Ayvens Insurance shall be entitled to refuse to pay the claim and shall be entitled to terminate the contract.

• Ayvens Insurance may repudiate liability or limit the amount paid on foot of the contract of insurance, if we establish that non-disclosure of material information was an effective cause incepting a relevant contract.

• Ayvens Insurance is not obliged to pay the full claim settlement amount until any repair, replacement or reinstatement work has been completed and specified documents for the work have been furnished back to us or our claim handlers. The claim settlement deferment amount cannot exceed: 5% of the claim settlement amount where the claim settlement amount is less than €40,000 or 10% of the claim settlement amount where the claim settlement amount is more than €40,000

Material Facts / Duty of Disclosure / Alteration of Risk

All questions asked must be answered honestly and whilst taking reasonable care not to make a misrepresentation when providing us with answers to the questions asked. Alteration of risk will apply only where the subject matter of the policy has changed or altered. Any material change will be interpreted as referring to changes that take the risk outside that of which was reasonably envisaged by both you and us when the policy sale was concluded. You must inform us of any alterations of risk or changes in material facts.

Subrogation

Where you have right(s) of action against third parties, arising from losses covered under your Policy, we are entitled to recover from such third parties by subrogation except where:

• You have not exercised such rights and might reasonably be expected not to exercise those rights due to family or cohabitant relationships, the third-party is not insured of their liability to you, or where they are insured, we may not recover an amount that exceeds what the third-party may recover from their own insurance policy; or

• You have consented to the use by a third-party of a motor vehicle insured under your Policy, the third party is not insured in the respect of their liability to you or where they are insured, we may not recover an amount that exceeds what the third-party may recover from their own insurance policy; or

• You are the employer; we will not subrogate against your employee unless the loss was caused by your employee intentionally or recklessly and with knowledge a loss could possibly be incurred.

However, these limitations on our subrogation rights will not apply where the actions of any third party that gave rise to or contributed to a loss were serious or willful misconduct.

Right of Withdrawal

You have the right to withdraw from this contract, provided with have not made a total loss claim within 14 working days of the latest of;

• The start date of cover; or • The date on which you receive the full terms and conditions of your Policy.

You may exercise this right by writing to us at the address given in your Policy documents or at the address given below. The right to withdrawal does not apply if the insurance policy under which insurance cover is provided is less than 1 month. Repayment of premium will be subject to the Certificate of Insurance and Disc being returned to us within 30 days of withdrawal.

Cancelling Your Policy

We may cancel your policy at any time by giving 10 days’ notice by issuing a written notice to you at your last known postal address. Provided no claim has been made under your Policy, we will return the premium paid for the period of insurance remaining in proportion to the total premium paid.

You may cancel your Policy at anytime by sending us notice of cancellation in writing to the address noted below and on your Policy documents, enclosing the Insurance Certificate and Disc that has been issued to you by us. Should you exercise this right, we will refund you the portion of your premium in respect of the remaining period of insurance, provided no claim has occurred. The premium cannot be refunded until the Certificate of insurance and disc has been returned to us.

Quotation Period and Period of Insurance

Quotes given by Ayvens insurance are valid for a period of 30 days from the date of issue.

The period of this insurance contract is as specified in your Schedule/renewal Notice and will continue for this period unless it is cancelled in accordance with these Terms of Business.

Policy Alteration, Additional and Return Premiums

Where your Policy is altered during any Period of Insurance, we will re-calculate your premium. This may result in an additional premium being due to us, or a return of premium being due by you. Where applicable, a government levy applies to all premium calculations.

Alteration to Terms and Conditions

In the event of a claim, we may advise you at the time of the next renewal, the terms and conditions of your policy may be altered which may increase your premium, excess and/or reduce cover.

Compensation

Please note that in the event Ayvens Insurance is unable to pay a claim, you may be entitled to compensation from the Insurance Compensation Fund in Ireland. Further information on the Insurance Compensation Fund is available on the central bank’s website. (www.centralbank.ie).

Governing Law and Jurisdiction

The laws of Ireland will apply to your Policy, and the Irish courts will have exclusive jurisdiction to hear any dispute regarding your Policy, unless otherwise stated in your Policy terms and conditions.

**Severability and Variation ** If any term of these terms of business is, becomes or is found by a court or other competent authority to be illegal, invalid or unenforceable, in whole or in-part, under any law, such term, provision or part will to that extent be deemed not to form part of these Terms of Business. The legality, validity and enforceability of the remainder of these Terms of Business will not be affected or impaired.

Language

Your Policy and all communications with you and by you to us will be in English.

Contact us:

Our contact details are: Euro Insurances DAC c/o Ayvens, Second Floor Block C Central Park Leopardstown Dublin 18 Telephone: +353 1 680 4100 Fax: + 353 1 680 4140 Email: insurance@Ayvensinsurance.com

Complaints

If you are not satisfied with our service for any reason, please contact our office and our staff will be pleased to resolve your query.

Compliance Manager, Euro Insurances DAC, Second Floor Block C, Central Park, Leopardstown, Dublin 18. Telephone: +353 (0)1 680 4100 Email: complaints.insurance@ayvens.com

Our staff will try to resolve your complaint immediately. If this is not possible, we promise to acknowledge your complaint within 5 business days of receiving it.

In the unlikely event that we have not resolved your complaint within 20 business days of receiving it, we will write and let you know why and what further action we will take.

This complaints procedure does not affect any legal right of action you may have against us. If your complaint is not resolved to your satisfaction and you remain dissatisfied with our final response to your complaint you may refer your complaint to:

Insurance Ireland, Insurance Centre, 5 Harbourmaster Place, IFSC, Dublin 1, DO1 E7E. Tel: +353 1 6761820 Email: feedback@insuranceireland.eu

This is a free service for members of the public and it can assist you with any issue or complaint you may have with us.

Furthermore, you may be eligible to bring your complaint to the Financial Services and Pensions Ombudsman (“FSPO”), which is based at:

Lincoln House, Lincoln Place, Dublin 2, D02 VH29. Tel: +353 1 567 7000 Email: info@fspo.ie Website: www.fspo.ie

For insurance-related complaints all customers, except for limited companies with a turnover of €3 million and above, can make a complaint to the FSPO. A decision of the FSPO can be appealed to the High Court.

Data Protection Notice

All personal data provided to Euro Insurances DAC trading as Ayvens Insurance is held and used in accordance with the standards required by Irish data protection law. In respect of this contract, we are a data controller under Irish data protection law.

The information you provide will be held and used by Euro Insurances DAC trading as Ayvens Insurance to:

• Confirm your identity, • Process your application for insurance cover, • Manage the administration of your Policy (including underwriting, claims handling, processing of your insurance), • Undertaking market research, • Conduct statistical analysis; and • Prevent and detect fraud.

The Data We Collect

Where appropriate, we may collect the following personal data (Data) from and/or about you (which for the purposes of this Data Protection section includes any Insured Driver):

• Contact and identifying information such as title, name, address, email address, telephone number, date and place of birth, gender, marital status, PPS number, VAT number, nationality, country of residence, and photographic identification.

• Financial information such as bank account details, credit/debit card details and income details.

• Employment and qualification details such as occupation, job position, employment and education history.

• Information pertaining to the risk insured such as description of the risk, value of the risk, location of the risk and claims history.

• Claims data such as details of the circumstances of any incident giving rise to a claim under this policy, details of activities carried out following any such incident, details of any other claims that you have made, as well as financial, medical, health and other lawfully obtained information relevant to your claim including social welfare information.

• Sensitive data relating to you (such as medical or health records) to process your application and/or any claims made.

**NOTE: **If you provide us with Data relating to another person (including an Insured Driver) you must first:

• Inform that person about the content of our Privacy Policy and • Obtain any legally required consent from that person to the sharing of their Data in this manner.

All information supplied by you will be treated confidentially by Ayvens Insurance, however we may share your personal data (where appropriate/applicable) as follows:

• With business partners, suppliers, sub-contractors and agents with whom we work/engage (including, but not limited to, tied agents, managing general agents, auditors, legal firms, medical professionals, cloud service providers, private investigators, third-party claim administrators and outsourced service providers) to assist us in carrying out business activities which are pursuant to our contract with you or in our legitimate business interests. • With other insurers and/or their agents. • With any intermediary or third party acting for you. • In order to comply with our legal obligations, a Court Order or to cooperate with State and regulatory bodies (such as the Revenue Commissioners or the Central Bank of Ireland), as well as with relevant government departments and agencies (including law enforcement agencies). • On the sale, transfer or reorganisation of our business (or any part of it).

Data Collected from Third Parties

We may collect Data from third parties if you engage with us through a third party e.g. through a broker or, in the case of a group scheme or through your employer.

We may also obtain and share Data from other third parties such as financial institutions, claims service providers (including private investigators) and insurance industry and government bodies for the purposes described above.

We may share and/or access information about claims, whether by customers or third parties, made under policies that we provide and penalty points on an insurance industry database including but not limited to the InsuranceLink Database or any successor system including but not limited to the Integrated Insurance Data Service (herein “InsuranceLink”).

Insurance companies share claims data:

• To ensure that more than one claim cannot be made for the same personal injury or property damage, • To check that claims information matches what was provided when insurance cover was taken out; and/or • When required, to act as a basis for investigating claims when our recorded information is incorrect or when we suspect that insurance fraud is being attempted.

The purpose of Insurance Link is to help us identify incorrect information and fraudulent claims and, therefore, to protect customers.

For these same reasons we may also request information about you and your claims history and/or share information we hold about you and your claims history with private investigators. Such information may also be shared with An Garda Síochána or other State Bodies where the restriction of right of access to personal data does not apply under data protection legislation.

Under data protection legislation you have a right to know what information about you and your previous claims is held on Insurance Link.

If you wish to exercise this right, you can do so by accessing the website http://inslink.ie/ and completing the access request form.

The completed form should be sent to:

InsuranceLink, Verisk Insurance Solutions - Ireland, 3 Custom House Plaza, Harbour Master Place, I.F.S.C., Dublin 1, D01 VY76, Ireland.

Personal Data Rights

You have a right to access the personal data relating to you that is held by us (including a right to have inaccuracies corrected). You also have a right to have your personal data erased or restricted in certain circumstances or transferred to another party. If you wish to avail of any of these rights, a request must be submitted in writing to our Data Protection Officer at, Euro Insurances DAC c/o Ayvens , Block C, Second Floor, Central Park, Leopardstown, Dublin 18 or by emailing us at dataprotection@leaseplaninsurance.com or completing this online form.

Please note that a copy of our full Data Protection and Privacy Policy is available upon written request. A copy of our Privacy Statement can be found at https://ayvensinsurance.com/en-ix/privacy-statement/.