How we use your information
Who controls your personal information
This notice tells you how Zurich Insurance plc (‘Zurich’), as data controller, will deal with your personal information. Where Zurich introduces you to a company outside the group, that company will tell you how your personal information will be used.
You can ask for further information about our use of your personal information or complain about its use in the first instance, by contacting our Data Protection Officer at: Zurich Insurance Group, Tri-centre 1, Newbridge Square, Swindon, SN1 1HN or by emailing the Data Protection Officer at GBZ.General.Data.Protection@uk.zurich.com.
If you have any concerns regarding our processing of your personal information, or are not satisfied with our handling of any request by you in relation to your rights, you also have the right to make a complaint to the Information Commissioner’s Office. Their address is: First Contact Team, Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF.
What personal information we collect about you
We will collect and process the personal information that you give us by phone, e-mail, filling in forms, including on our website, and when you report a problem with our website. We also collect personal information from your appointed agent such as your trustee, broker, intermediary or financial adviser in order to provide you with the services you have requested and from other sources, such as credit reference agencies and other insurance companies, for verification purposes. We will also collect information you have volunteered to be in the public domain and other industry-wide sources.
We will only collect personal information that we require to fulfil our contractual or legal requirements unless you consent to provide additional information. The type of personal information we will collect includes; basic personal information (i.e. name, address and date of birth), occupation and financial details, health and family information, claims and convictions information and where you have requested other individuals be included in the arrangement, personal information about those individuals.
If you give us personal information on other individuals, this will be used to provide you with a quotation and/or contract of insurance and/or provision of financial services. You agree you have their permission to do so. Except where you are managing the contract on another’s behalf, please ensure that the individual knows how their personal information will be used by Zurich. More information about this can be found in the ‘How we use your personal information’ section.
How we use your personal information
We and our selected third parties will only collect and use your personal information (i) where the processing is necessary in connection with providing you with a quotation and/or contract of insurance and/or provision of financial services that you have requested; (ii) to meet our legal or regulatory obligations; or (iii) for our “legitimate interests”. It is in our legitimate interests to collect your personal information as it provides us with the information that we need to provide our services to you more effectively including providing you with information about our products and services. We will always ensure that we keep the amount of information collected and the extent of any processing to the absolute minimum to meet this legitimate interest. Examples of the purposes for which we will collect and use your personal information are:
- to provide you with a quotation and/or contract of insurance;
- to identify you when you contact us;
- to deal with administration and assess claims;
- to make and receive payments;
- to obtain feedback on the service we provide to you;
- to administer our site and for internal operations including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- for fraud prevention and detection purposes.
We will contact you to obtain consent prior to processing your personal information for any other purpose, including for the purposes of targeted marketing unless we already have consent to do so.
Who we share your personal information with
Where necessary, we will share the personal information you gave us for the purposes of providing you with the goods and services you requested with the types of organisations described below:
- checking details on applications for credit and credit related to other facilities
- introducers and professional advisers;
- regulatory and legal bodies;
- survey and research organisations;
- credit reference agencies;
- healthcare professionals, social and welfare organisations; and
- other insurance companies
Or, in order to meet our legal or regulatory requirements, with the types of organisations described below:
- regulatory and legal bodies;
- central government or local councils;
- law enforcement bodies, including investigators;
- credit reference agencies; and
- other insurance companies
How we use your personal information for websites and email communications
When you visit one of our websites we may collect information from you such as your email address or IP address. This helps us to track unique visits and monitor patterns of customer website traffic, such as who visits and why they visit.
How we transfer your personal information to other countries
Where we transfer your personal information to countries that are outside of the UK and the European Union (EU) we will ensure that it is protected and that the transfer is lawful. We will do this by ensuring that the personal information is given adequate safeguards by using ‘standard contractual clauses’ which have been adopted or approved by the UK and the EU, or other solutions that are in line with the requirements of European data protection laws.
A copy of our security measures for personal information transfers can be obtained from our Data Protection Officer at: Zurich Insurance Group, Tri-centre 1, Newbridge Square, Swindon, SN1 1HN, or by emailing the Data Protection Officer at GBZ.General.Data.Protection@uk.zurich.com.
How long we keep your personal information for
We will retain and process your personal information for as long as necessary to meet the purposes for which it was originally collected. These periods of time are subject to legal, tax and regulatory requirements or to enable us to manage our business.
Your data protection rights
You have a number of rights under the data protection laws, namely:
- to access your data (by way of a subject access request);
- to have your data rectified if it is inaccurate or incomplete;
- in certain circumstances, to have your data deleted or removed;
- in certain circumstances, to restrict the processing of your data;
- a right of data portability, namely to obtain and reuse your data for your own purposes across different services;
- to object to direct marketing;
- not to be subject to automated decision making (including profiling), where it produces a legal effect or a similarly significant effect on you;
- to claim compensation for damages caused by a breach of the data protection legislation.
- if we are processing your personal information with your consent, you have the right to withdraw your consent at any time.
We will, for the purposes of providing you with a contract of insurance, processing claims, reinsurance and targeted marketing, process your personal information by means of automated decision making and profiling where we have a legitimate interest or you have consented to this.
What happens if you fail to provide your personal information to us
If you do not provide us with your personal information, we will not be able to provide you with a contract or assess future claims for the service you have requested.
Fraud prevention and detection
In order to prevent and detect fraud we may at any time:
- check your personal data against counter fraud systems
- use your information to search against various publicly available and third party resources
- use industry fraud tools including undertaking credit searches and to review your claims history
- share information about you with other organisations including but not limited to the police, the Insurance Fraud Bureau (IFB), other insurers and other interested parties.
If you provide false or inaccurate information and fraud is identified, the matter will be investigated and appropriate action taken. This may result in your case being referred to the Insurance Fraud Enforcement Department (IFED) or other police forces and fraud prevention agencies. You may face fines or criminal prosecution. In addition, Zurich may register your name on the Insurance Fraud Register, an industry-wide fraud database.
We may pass information relating to claims or potential claims to any relevant database.
We and other insurers may search these databases when you apply for insurance, when claims or potential claims are notified to us or at time of renewal to validate your claims history or that of any other person or property likely to be involved in the policy or claim.
This helps to check information provided and prevent fraudulent claims.
Your Single Shipment Cargo policy
This policy is a contract between you and us.
This policy and any schedule and endorsement should be read as if they are one document.
We will insure you during any period of insurance for which we have accepted your premium. Our liability will in no case exceed the amount of any sum insured or limit of indemnity stated within this policy, the schedule or any endorsement to this policy.
When you take out, renew and make changes to the cover provided by this policy, you must take reasonable care to ensure that you accurately answer any questions which we ask of you and that any information you give us is accurate. If you are taking out this policy for purposes which are wholly or mainly related to your trade, business or profession, you must also let us know about all facts which are material to our decision to provide you with insurance. Failure to meet these obligations could result in this policy being invalidated, a claim not being paid, or an additional premium being charged.
Any reference to the singular will include the plural and vice versa.
Any reference to any statute or statutory instrument will include any amendments thereto or re-enactment thereof.
Any heading in this policy is for ease of reference only and does not affect its interpretation.
Law applicable to this contract
In the UK the law allows both you and us to choose the law applicable to this contract. This contract will be subject to the relevant law of England and Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands depending upon your address stated in the schedule. If there is any dispute as to which law applies it will be English law.
The parties agree to submit to the exclusive jurisdiction of the English courts.
This is a legal document and should be kept in a safe place.
Please read this policy and any schedule and endorsement carefully and if they do not meet your needs contact us or your broker or insurance intermediary.
Section 1 – Definitions
Certain words in this policy have special meanings. These meanings are given below and apply wherever the words appear in bold.
Any demountable carrying unit including any ISO container, tank container or flat rack.
Any means of transport.
Physical loss and/or damage.
Data processing system
Any computer or data processing equipment or media or microchip or integrated circuit or any similar device or any computer software or firmware.
Fire, lightning, explosion, aircraft or other aerial devices or articles dropped from them, riot, civil commotion, strikers, locked-out workers, persons taking part in labour disturbances, malicious persons, theft or attempted theft, earthquake, storm, flood, escape of water from any tank, apparatus or pipe or impact by any vehicle or by goods falling therefrom or by any animal.
Denial of service attack
Any actions or instructions constructed or generated with the ability to damage, interfere with or otherwise affect the availability of networks, network services, network connectivity or information systems including but not limited to the generation of excess network traffic into network addresses, the exploitation of system or network weaknesses and the generation of excess or non-genuine traffic between and amongst networks.
The amount stated in this policy, the schedule or any endorsement to this policy for which you are responsible and which will be deducted from any payment under this policy as ascertained after the application of all other terms and conditions of this policy.
A legal principle of maritime law to which all parties in a sea venture proportionally share any losses resulting from a voluntary sacrifice of part of the ship cargo to save the whole adventure in an emergency.
Unauthorised access to any computer or other equipment or component or system or item which processes, stores, transmits, retrieves or receives data.
Any installation of such class or description as may be prescribed by regulations made by the relevant Secretary of State from time to time by statutory instrument being an installation designed or adapted for:
- the production or use of atomic energy
- the carrying out of any process which is preparatory or ancillary to the production or use of atomic energy and which involves or is capable of causing the emission of ionising radiation
- the storage, processing or disposal of nuclear fuel or of bulk quantities of other radioactive matter being matter which has been produced or irradiated in the production or use of nuclear fuel.
Any plant including any machinery, equipment or appliance whether affixed to land or not designed or adapted for the production of atomic energy by a fission process in which a controlled chain reaction can be maintained without an additional source of neutrons.
Documents, business and/or personal records and/or similar information represented or stored upon or within paper, optical, electronic and/or other storage media.
Charges which apply in maritime law to compensate a third party in the event of a successful salvage due to a voluntary act by that third party independent of any contract.
- attempted theft
- as a direct result of impact of the subject-matter insured with any object outside the carrying conveyance (other than water)
- as a direct result of impact of the subject-matter insured with the carrying conveyance or anything in or on it during loading and/or unloading
- as a direct result of the collision of or overturning of the carrying conveyance or
- as a direct result of any vessel or craft being stranded, grounded or sunk or
- by immersion of the subject-matter insured in any watercourse, lake, river or sea.
Storage outside the ordinary course of transit.
- strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
- any act of terrorism
- any person acting from a political, ideological or religious motive.
The subject-matter insured stated in the schedule.
An act of any person acting on behalf of, or in connection with any organisation which carries out activities directed towards the overthrowing or influencing by force or violence of any government whether or not legally constituted or any person acting from a political motive.
The transit stated in the schedule.
Virus or similar mechanism
Program code, programming instruction or any set of instructions intentionally constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data files or operations whether involving self-replication or not including but not limited to Trojan horses, worms and logic bombs.
- war, civil war, revolution, rebellion, insurrection,
- civil strife arising from a) above
- hostile act by or against a belligerent power
- capture, seizure, arrest, restraint or detainment arising from a), b) or c) above
- derelict mines, torpedoes, bombs or other derelict weapons of war.
We, us, our, ours
Zurich Insurance plc.
You, your, yours
The person, people (either acting in partnership or on behalf of an unincorporated organisation) or the company stated in the schedule as the assured.
Section 2 – The cover
You are covered to the extent provided by this policy for damage caused to the subject-matter insured during the transit.
Other than in respect of war risks, cover attaches from the time the subject-matter insured is first moved in the warehouse or the place of storage for the purposes of the immediate loading into or onto the conveyance for the commencement of the transit and will continue during the ordinary course of transit, terminating either:
- on the completion of unloading from the carrying vehicle or other conveyance or container in or at the final warehouse or place of storage at the destination named in the contract of insurance; or
- on the completion of unloading from the carrying vehicle or other conveyance or container in or at any other warehouse or place of storage which you or your employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution; or
- when you or your employees elect to use any carrying vehicle, or other conveyance or any container for storage other than in the ordinary course of transit; or
- on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the overseas vessel at the final port of discharge.
whichever will first occur.
For the purposes of this clause:
- immediate loading means a continuous and uninterrupted movement of the subject-matter insured until set down onto or into the carrying vehicle or other conveyance or container for the commencement of transit.
- completion of unloading occurs when the subject-matter insured is first set down after a continuous and uninterrupted movement from the carrying vehicle or conveyance or container.
If, after discharge overside from the overseas vessel at the final port of discharge, but prior to termination of this insurance, the subject-matter insured is to be forwarded to a destination other than that to which it is insured, this insurance, whilst remaining subject to termination as provided in clauses a) to d) above, will not extend beyond the time the subject-matter insured is first moved for the purpose of the commencement of transit to such other destination.
This insurance will remain in force (subject to termination as provided for in clauses a) to d) above and to the provisions of provision 13 - Termination of transit clause (terrorism) during delay beyond your control, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to carriers under the contract of carriage.
War risks cover attaches from the time the subject-matter insured or part thereof is loaded on board a vessel or aircraft and terminates either:
- on completion of discharge from the vessel or aircraft at the final port or airport of destination, or
- on the expiry of 15 days commencing midnight on the day of arrival of the vessel or aircraft at the final port or airport of destination;
whichever will first occur.
Section 3 – Additional cover extensions
This policy includes damage caused by the actions of Customs Authorities in the course of their inspection duties.
This policy includes duty payable on lost or damaged subject-matter insured excluding claims in respect of:
- total loss of whole or part of the subject-matter insured prior to the duty becoming payable
- general average or salvage charges arising from any casualty occurring prior to the duty becoming payable.
In ascertaining the amount of claim recoverable credit will be given for any rebate or refund of duty which may become allowable.
We will also pay for damage to the subject-matter insured caused by fumigation provided always that such fumigation is not customary and is beyond your control.
3. General average
General average and salvage charges will be payable under this policy in full without reference to insured and contributory values.
In the event of damage affecting only the labels, wrappers and capsules of the subject-matter insured we will pay the costs of reconditioning or replacement.
5. On deck shipments
This policy includes cover for on-deck shipments (whether containerised or not) at policy rates and conditions, including the risk of jettison and loss or washing overboard.
6. Professional packers’
We will indemnify you for damage to the subject- matter insured whilst in transit to, from and whilst at the premises of professional packing contractors for a period not exceeding 30 days prior to final despatch. During the transit to the premises of the packing contractor cover is restricted to specified perils including non-delivery or theft of a complete shipping package, malicious damage and any war risks and strikes risks applicable to this policy, unless sufficiently and suitably packed or prepared to withstand the ordinary incidents of the intended transit prior to despatch from your premises.
You will not be prejudiced by a packing contractor’s inability to perform unless you are aware of the non performance prior to commencement of transit and fail to prevent the transit.
7. Transit extension
Provided always that you give us prompt notice we will hold you covered at a premium to be agreed if the ordinary course of transit of the subject-matter insured takes more than 60 days from the time it is discharged from the overseas vessel or aircraft at the final port or airport of discharge.
If you are unable to give prompt advice to us due to circumstances beyond your control or due to your negligence or that of a third party this policy will remain in force for an additional 30 days.
Section 4 – Exclusions
This policy does not cover:
1. Boats and yachts
theft from boats or yachts of:
- Internal items unless following violent and forcible entry or exit into or from a securely locked cabin or locker.
- external items unless securely fastened to the yacht, boat or tender.
2. Capture, seizure, arrest, restraint or detainment
any claim caused by or arising from capture, seizure, arrest, restraint or detainment of the subject-matter insured and/or third party equipment by any Authority other than in respect of war risks.
3. Changes in environment
damage caused by or consisting of:
- corrosion, erosion, rust, wet or dry rot, shrinkage, evaporation, loss of weight, dampness, mould, dryness, marring, scratching, moths, vermin or insects
- change in temperature, colour, flavour, texture or finish
4. Consequential loss
any financial loss, damage, cost, expense, fine or penalty not directly associated with the incident that caused you to claim
5. Date recognition
liability in respect of any loss or damage of whatsoever nature directly or indirectly caused by or contributed to by or consisting of or arising in whole or in part from:
- the way in which any data processing system responds to or deals with or fails to respond to or fails to deal with any true calendar date
- any data processing system responding to or dealing in any way with:
- any data denoting a calendar date or dates as if such data did not denote a calendar date or dates
- any data not denoting a calendar date or dates as if such data did not denote a calendar date or dates
whether such data processing system is your property or not.
damage or expense caused by delay
7. Depreciation, gradually operating changes and other causes
damage caused by or consisting of:
- depreciation, inherent vice, latent defect, gradual deterioration (including the deterioration of contents in refrigeration units), wear and tear, mildew or frost
- breakdown of refrigeration
- pollution or contamination
8. Electronic risks
damage caused by virus or similar mechanism or hacking or denial of service attack to any computer or other equipment or component or system or item which processes, stores, transmits retrieves or receives data or any part thereof whether tangible or intangible including but without limitation any information or programs or software and whether the property is insured or not but this will not exclude damage which results from a defined peril including the acts of thieves but excluding the acts of malicious persons which do not involve physical force or violence.
9. Excluded goods
any excluded goods listed in the schedule
damage or expense caused by insolvency or financial default of the owners, managers, charterers or operators of the vessel except where:
- you or your agent have taken all reasonable, practicable and prudent measures prior to the loading of the subject-matter insured on board the vessel or aircraft to establish the financial reliability of the party in default
- this insurance has been assigned to the party claiming hereunder who has bought the subject-matter insured in good faith without notice of such insolvency or financial default
- any loss, damage or reforwarding costs would have been recoverable under this insurance but for the said exclusion.
11. Leakage of liquid
damage caused by or leakage of liquid from the receptacle in which it is contained unless packed by you
12. Mechanical, electrical and electronic derangement
for mechanical, electrical and/or electronic breakdown, failure and/or derangement of the subject-matter insured unless there is evidence that damage to the subject-matter insured (and/or its packing and/or the carrying conveyance or container) occurred during the transit or whilst otherwise covered by this policy.
damage or expense attributable to your reckless or wilful misconduct
14. Motor vehicles
- loss of spare parts, tool kits, in-car entertainment systems, satellite navigation devices and the like unless lost with the complete vehicle
- damage arising from freezing of water in the radiator or cooling system
- damage whilst on tow or under own power except whilst being towed or driven on or off the carrying conveyance, vessel or into or from the container
15. Nuclear risks
death, injury, disablement or loss or damage to any property or any loss or expense resulting or arising therefrom or any consequential loss or any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from:
- ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel
- the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, nuclear reactor or other nuclear assembly or nuclear component thereof
- any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
- the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter but this exclusion d) will not apply to radioactive isotopes other than nuclear fuel when such isotopes are being prepared, carried, stored or used for commercial, agricultural, medical, scientific or other peaceful purposes
16. Omissions from itemised list
claims for missing items, cartons or packages lacking an itemised valued list of contents supplier by the owner prior to commencement of transit
breakage, scratching, denting, chipping, staining and tea ring for subject-matter insured packed by the owner or a third party unless directly caused by the specified perils
18. Recorded Information
claims for recorded information
- unless caused by damage to the storage medium; and
- for more than the:
- replacement cost of the medium upon and/or within which such recorded information was represented or stored; and
- clerical and/or administrative cost of copying such recorded information on to fresh stationery or other storage medium.
19. Second-hand or used goods
damage to second-hand or used goods or machinery loss caused by or consisting of rust, oxidation, scratching, denting, chipping or marring unless the goods have been fully reconditioned
any claim for the subject-matter insured whilst in storage.
Section 5 – Provisions
1. Basis of valuation
The settlement of any claim will be done by replacement, repair and/or compensation, taking into account at our option the age, quality, degree of use and consequent market value. This policy is not on a ‘new for old’ basis.
2. Claused bills of lading
This insurance will not be prejudiced by reason of the inclusion of any clause in Bills of Lading to the following effect: ‘Insufficiently packed, vessel not responsible’.
3. Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this policy is not enforceable by any third party.
4. Cutting clause
In the event of any damage covered by this policy it is agreed that the damaged, broken length or portion will be cut off the remaining length or portion be considered as sound and we will only be liable for the insured value of the length or portion which has been lost by being broken off or cut off. In addition, we will be liable for the cost of cutting.
5. Dock strikes or labour disturbances
In the event of shipments being delayed or diverted due to dock strikes or other labour disturbances we agree to hold covered at an additional premium to be agreed pending the receipt of the relevant details.
6. Errors and omissions
This insurance will not be prejudiced by any unintentional or inadvertent error, omission, incorrect valuation or incorrect description of the interest, risk, vessel or transit provided always that notice is given to us as soon as reasonably possible on discovery of any such error or omission. This insurance will not be affected by your failure to comply with any of the terms or conditions of this policy over which you have no control.
7. Fitness of container
Your right to indemnity hereunder will not be prejudiced by any inadvertent omission to establish the fitness of a container or similar carrying unit for the safe transit of the subject-matter insured hereby where such container or similar carrying unit is supplied by a third party.
8. General average and salvage charges
You are covered for your liability in respect of the subject-matter insured for contribution to general average and salvage charges for any general average or salvage act occurring during the transit.
In the event of a claim being made for loss or damage which is alleged to be caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured we will not use such alleged insufficiency or unsuitability as a defence against the claim in any case where the packing or preparation was carried out by a party other than you or the claimant and the insufficiency or unsuitability arose entirely without the privity or knowledge of you or the claimant. For the purposes of this clause ‘packing’ shall include stowage in a container or other inter-modal method of unit load.
You agree to assist us in all respects to pursue rights of recovery against sellers or other responsible third parties. This agreement shall not interfere with rights of subrogation against any packer or their insurers.
10. Pairs and sets
If the subject-matter insured consists of articles which form a pair or set we will only pay for the proportionate sum insured of the article lost or damaged without reference to any special value the damaged article may have as part of a pair or set.
11. Sanction limitation and exclusion
We will not be deemed to provide cover and we will not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose us to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.
12. Second-hand machinery
In the event of damage to any part of any second-hand machinery in consequence of a risk covered under this policy the amount recoverable will not exceed such proportion of the cost of replacement of the part lost or damaged as the insured value bears to the value of new machinery and additional charges for forwarding and refitting the new part if incurred.
13. Termination of transit clause (terrorism)
This provision will be paramount and will override anything in this policy inconsistent therewith.
- In so far as this insurance covers loss of or damage to the subject-matter insured caused by any act of terrorism such cover is conditional upon the subject-matter insured being in the ordinary course of transit and in any event will terminate:
- on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in this policy
- on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage whether prior to or at the destination named in this policy which you elect to use either for storage other than in the ordinary course of transit or for allocation or distribution
- when you elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit
- in respect or marine transits on the expiry of 60 days after completion of discharge over-side of the subject-matter insured hereby insured from the overseas vessel at the final port of discharge
- in respect of air transits on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place of discharge whichever will first occur.
- If this policy or the clauses referred to therein specifically provide cover for inland or other further transits following on from storage or termination as provided for above cover will re-attach and continues during the ordinary course of transit terminating again in accordance with clause a) above.
If the value of any subject-matter insured calculated in accordance with the applicable basis of valuation is at the time of the damage greater than the relevant limit of indemnity we will only pay the proportion of the damage which such limit of indemnity bears to the value of the subject-matter insured.
For the avoidance of doubt clause c) iii) of condition 4 will not apply.
15. Unseaworthiness and unfitness exclusion waiver
We waive any breach of warranties or conditions in respect of seaworthiness of ship and fitness of ship or fitness of aircraft to carry the subject-matter insured to destination unless the party claiming under this insurance is privy to such unseaworthiness or unfitness.
Section 6 – Conditions
If we admit liability for a claim but there is a dispute as to the amount to be paid the dispute will be referred to an arbitrator. The arbitrator will be appointed jointly by you and us in accordance with the law at the time. You may not take any legal action against us over the dispute before the arbitrator has reached a decision.
Except where you are noted in the policy as receiving the sole benefit of this insurance cover will extend to any third party to whom you assign the policy pursuant to the terms of sale applying to the subject-matter insured.
In the event of such assignment, reference in this policy to you will include the third party assignee.
If you decide you do not want to accept this policy and the transit has not started please tell us (or your broker or insurance intermediary) and we will refund your premium.
4. Fair presentation of the risk
- At inception and renewal of this policy and also whenever changes are made to it at your request you must:
- where you have taken out this policy for purposes which are wholly or mainly related to your trade, business or profession, disclose to us all material facts in a clear and accessible manner and not misrepresent any material facts, and
- where you have taken out this policy for purposes which are wholly or mainly unrelated to your trade, business or profession, take reasonable care not to misrepresent any material facts.
- If you do not comply with clause a) of this condition and the non-disclosure or misrepresentation by you is proven by us to be deliberate or reckless we may:
- avoid this policy which means that we will treat it as if it had never existed and refuse all claims in which case we will not return the premium paid by you; and
- recover from you any amount we have already paid for any claims including costs or expenses we have incurred.
- If you do not comply with clause a) of this condition and the non-disclosure or misrepresentation is not deliberate or reckless this policy may be affected in one or more of the following ways depending on what we would have done if we had known about the facts which you failed to disclose or misrepresented:
- if we would not have provided you with any cover we will have the option to:
- avoid the policy which means that we will treat it as if it had never existed and repay the premium paid; and
- recover from you any amount we have already paid for any claims including costs or expenses we have incurred
- if we would have applied different terms to the cover we will have the option to treat this policy as if those different terms apply. We may recover any payments made by us on claims which have already been paid to the extent that such claims would not have been payable had such additional terms been applied
- if we would have charged you a higher premium for providing the cover we will charge you the additional premium which you must pay in full.
5. Reasonable care
You will comply with all regulations imposed by any competent authority and take all reasonable precautions to prevent or minimise loss, damage, liability or expense.
Section 7 – Claims conditions
1. Claims notification
Claims must be notified by you in accordance with the ‘notification of loss’ section in the schedule.
2. Claims procedures
- Your responsibilities
- On the happening of any circumstance which could give rise to a claim you will:
- give notice to us within 7 days and in the case of non-delivery 7 days from when the subject-matter insured would normally be delivered, unless an extension is requested by you and agreed by us in writing; and
- preserve any damaged or defective property for examination by our representatives unless we have authorised you to dispose of such property; and
- notify the police within 7 days in respect of any damage caused by theft, attempted theft or malicious persons; and
- take action to minimise damage and to prevent further damage; and
- at your own expense and:
- within 7 days of damage caused by riot, civil commotion, strikers, locked-out workers, persons taking part in labour disturbances or malicious persons
- as soon as reasonably possible in respect of any other damage:
supply full details of the claim in writing to us together with any evidence and information that may be reasonably required by us for the purpose of investigating or verifying the claim and if demanded a statutory declaration of the truth of the claim and any matters connected therewith
- no settlement, admission of liability, payment or promise of payment will be made to a third party without our written consent.
- Our rights
- be entitled to take over the defence or settlement of any claim made against you or any person entitled to indemnity under this policy and you will give all assistance as may be reasonably required by us; and
- have the right to enter the premises where the damage has occurred and to keep possession of any of the property insured and to deal with the salvage in a reasonable manner but you will not be entitled to abandon any property to us; and
- be entitled to take the benefit of any rights of yours against any other party before or after you have received indemnification under this policy and you will give all assistance as may be reasonably required by us; and
- not be bound if we elect to reinstate or replace any property to reinstate or replace it exactly or completely but only as circumstances permit and in a reasonably sufficient manner and will not in any case be bound to expend in respect of any one item insured more than the sum insured stated in the schedule.
3. Claim survey
No survey is necessary for any claim of less than £2,500 or equivalent in other currencies.
4. Fraudulent claims
If you or anyone acting on your behalf:
- makes a fraudulent or exaggerated claim under this policy; or
- uses fraudulent means or devices including the submission of false or forged documents in support of a claim whether or not the claim is itself genuine; or
- makes a false statement in support of a claim whether or not the claim is itself genuine; or
- submits a claim under this policy for loss or damage which you or anyone acting on your behalf or in connivance with you deliberately caused; or
- realises after submitting what you reasonably believed was a genuine claim under this policy and then fails to tell us that you have not suffered any loss or damage; or
- suppresses information which you know would otherwise enable us to refuse to pay a claim under this policy
we will be entitled to refuse to pay the whole of the claim and recover any sums that we have already paid in respect of the claim.
We may also notify you that we will be treating this policy as having terminated with effect from the date of any of the acts or omissions set out in clauses a) to f) of this condition.
If we terminate this policy under this condition you will have no cover under this policy from the date of termination and not be entitled to any refund of premium.
If any fraud is perpetrated by or on behalf of an insured person and not on behalf of you this condition should be read as if it applies only to that insured person’s claim and references to this policy should be read as if they were references to the cover effected for that person alone and not to the policy as a whole.
5. Other insurances
If at the time of any occurrence giving rise to a claim there is any other insurance our liability under this policy will be limited to any excess beyond the amount which would be payable under such other insurance had this policy not been effected.
6. Rights of recovery
Upon the payment of any claim, all your rights and remedies against such other parties will be subrogated to us and we will receive the benefit of any amount(s) recoverable from such other parties. In the event the net recovery received from any such other parties exceeds the amount paid by us to you in respect of the claim, then we will account to you for any such excess.
7. Responsible parties
You must take all reasonable steps to hold responsible all relevant third parties who have (or may have) a liability in respect of any incident giving rise (or which may give rise) to a claim under this policy, including the giving of written notice in due time and ensuring that any time limit is protected.
Our complaints procedure
Our commitment to customer service
We are committed to providing a high level of customer service. If you do not feel we have delivered this, we would welcome the opportunity to put things right for you.
Who to contact in the first instance
Many concerns can be resolved straight away. Therefore in the first instance please get in touch with your usual contact at Zurich or your broker or insurance intermediary as they will generally be able to provide you with an immediate response to your satisfaction.
Contact details will be provided on correspondence that we or our representatives have sent you.
Many complaints can be resolved within a few days of receipt
If we can resolve your complaint to your satisfaction within the rst few days of receipt, we will do so.
Otherwise, we will keep you updated with progress and will provide you with our decision as quickly as possible.
Next steps if you are still unhappy
If you are not happy with the outcome of your complaint, you can ask the Financial Ombudsman Service to review your case. We will let you know if we believe the ombudsman service can consider your complaint when we provide you with our decision. The service they provide is free and impartial, but you would need to contact them within 6 months of the date of our decision.
More information about the ombudsman and the type of complaints they can review is available via their website www.financial-ombudsman.org.uk.
You can also contact them as follows:
Post: Financial Ombudsman Service, Exchange Tower, London, E14 9SR
Telephone: 08000 234567 (free on mobile phones and landlines)
If the Financial Ombudsman Service is unable to consider your complaint, you may wish to obtain advice from the Citizens Advice Bureau or seek legal advice.
The Financial Services Compensation Scheme (FSCS)
We are covered by the Financial Services Compensation Scheme (FSCS) which means that you may be entitled to compensation if we are unable to meet our obligations to you. Further information is available on www.fscs.org.uk or by contacting the FSCS directly on 0800 678 1100.