Terms and Conditions for the provision of distance insurance services
NATURE AND CHARACTERISTICS
Art.1. The present terms and conditions are designed to regulate the provision of distance insurance services by Insurance Company Lev Ins AD and shall govern the relationship between Insurance Company Lev Ins AD and the users of insurance services arising in connection with the provision of distance insurance services, as well as the order, the manner and the conditions under which payments of due insurance premiums will be made.
Art.2. The present terms and conditions apply to the provision of distance insurance services, in case the Insurer and the user of insurance services are not in physical presence at the conclusion of the initial contract, but use a means of distance communication, as well as in respect of insurance contracts concluded at a distance, which add new elements. These terms and conditions also apply also to payment of an insurance premium through the website of Insurance Company Lev Ins AD, regardless of the manner of concluding the insurance contract.
Art.3. The users of insurance services and the clients of Insurance Company Lev Ins declare that they are familiar with these terms and conditions and accept them entirely, by placing a tick against the text “I agree with the terms and conditions for the provision of distance insurance services and making payments to Insurance Company Lev Ins AD”.
Art.4. Insurance Company Lev Ins AD offers all types of insurance services for which they have been licensed under the terms of the Insurance Code.
Art.5. The user of insurance services is given the opportunity to conclude a distance insurance contract through the company's website for some of the offered insurance products without the physical presence of Insurance Company Lev Ins AD.
RIGHTS AND OBLIGATIONS
Art.6. (1) Insurance Company Lev Ins AD provides the user of insurance services with all documents in accordance with the requirements of Article 8 of the Law on Provision of Distance Financial Services, as well as in accordance with the requirements of Article 324 et seq. of the Insurance Code in good time before the user of insurance services is bound by an offer or a contract for the provision of distance financial services, including but not limited to:
- name/title, main activity and headquarters of the insurer, as well as any address for interaction between the insurer and the user of insurance services;
- name/title and address of the representative of the insurer, established in the country of residence of the user of insurance services, if any;
- name and address of any other person who has established commercial relations with the user of insurance services in connection with the contract under Art. 6, as well as information in what capacity this person enters into commercial relations with the user of insurance services;
- Unified identification code of the Insurer;
- Address of the supervisory authority;
- Description of the main characteristics of the product;
- Total price of the product, payable by the client, including all commissions, fees, and costs associated with the service, as well as all taxes payable through the insurer; in case it is not possible to indicate the exact price of the service, the method of calculating the price shall be indicated, which will enable the customer to check it;
- the period of time during which the information provided is valid;
- method of payment and performance of the service;
- all additional costs for the client related to the use of a means of distance communication, when they are payable by the client;
- the existence or absence of the right of the client to withdraw from the concluded contract according to art. 12, para. 1, 2 or 3 of the Law on Provision of Distance Financial Services (LPDFC); in case the client has the right to withdraw from the contract, the information shall include the period of time during which he can exercise his right, the conditions for exercising it, including the amount which the client may be required to pay according to art. 13, para. 1 of LPDFC, as well as information about the consequences for the client of not exercising the right to withdraw from the concluded contract;
- the minimum term of the contract for the provision of distance insurance service in case of contracts for the permanent or periodic provision of services;
- the right of the parties to terminate the contract early or unilaterally in accordance with the clauses of the contract for the provision of distance insurance services;
- practical instructions for exercising the right to withdraw from the concluded contract, indicating as well the address to which the notification should be sent;
- the Member State or the Member States of the European Union, the law of which the insurer indicates as applicable on the establishment of a commercial relationship with the client prior to the conclusion of the contract;
- the law applicable to the contract for the provision of distance insurance services and/or the competent jurisdiction;
- the language or languages in which the terms of the contract and the pre-contractual information are provided;
- the language or languages in which the insurer undertakes to communicate, with the user's consent, during the period of the contract;
- Information document for the insurance product;
- General terms and conditions and/or Special conditions for the respective insurance product;
(2) The Insurer shall provide the information in a manner that does not cause doubt about its commercial purpose. The information shall be provided in a clear and comprehensible manner depending on the type of means of distance communication used, in compliance with the requirement for the good faith of the parties to commercial transactions and for the protection of the interests of incapacitated persons.
(3) In case the insurance service is provided on the territory of the Republic of Bulgaria, the above information is provided in Bulgarian or also in Bulgarian.
Art.7. By completing a questionnaire by the user of insurance services, the insurer, assessing the needs of the client, provides him with objective, comprehensive and understandable information about the insurance products so that the user of insurance services can make an informed decision.
Art.8. Insurance Company Lev Ins AD will keep all information on its website up-to-date and correct.
Art.9. Insurance Company Lev Ins AD is obliged to keep records that the necessary information has been provided to the user of the insurance service, who has become familiar with it and accepted it, to document that the user's consent for concluding a distance contract has been obtained, to provide a receipt for each performed transaction with a bank card, to keep records of the transactions for the purposes of successfully effected payment; to keep records of the concluded insurance contract.
Art.10. The insurance company is not liable for incorrect or fraudulent entries of data or data intentionally and/or unintentionally concealed by the user of insurance services, the consequences of which are settled in accordance with the Insurance Code and the General Terms and Conditions of individual insurance products.
Art.11. Insurance Company Lev Ins AD is not liable for incorrectly entered value for payment of installments in the Web portal and for errors made during payment due to incorrect or inaccurate data filled in by the user of insurance services.
Art.12. Insurance Company Lev Ins AD is not liable for damages caused by force majeure, accidental event, cyber-attacks, problems related to access and connection to the Internet, breach of network security, and any circumstances which are beyond the control of Insurance Company Lev Ins AD.
Art.13. Insurance Company Lev Ins AD is not liable for damages caused to the hardware or software of the user of insurance services.
Art.14. Insurance Company Lev Ins AD is not liable for damages, resulting from unauthorized use of personal data, theft, damage, destruction and/or leakage of data which are subject to protection under Bulgarian and/or European legislation.
Art.15. Insurance Company Lev Ins is not liable for damages incurred as a result of inaccurate, false or incorrect information provided by the user of insurance services, regardless of whether it was committed intentionally or unintentionally.
Art.16. Insurance Company Lev Ins AD has the right to change these Terms and Conditions, and any changes will be published on the website. After the announcement of the change, the user of insurance services is considered notified of the amendments in the Terms and Conditions. If the user of insurance services continues to use the website, he is deemed to have agreed to the amended Terms and Conditions.
Art.17. Insurance Company Lev Ins AD will provide additional information about the insurance products offered at a distance, upon request by the user of insurance services through the contacts indicated on the website or at the indicated e-mail address.
Art.18. Insurance Company Lev Ins AD will provide the present terms and conditions on paper upon request by the user of insurance services at the address indicated by him or in person at the office of the insurer.
Art.19. The user of insurance services undertakes to enter correct, accurate and complete information about his personal data, as well as about the parameters required for concluding, amending or terminating the insurance contracts, or which are required for the use of the website. Insurance Company Lev Ins AD is not responsible for all consequences arising from the submission of incorrect, inaccurate, or incomplete information.
Art.20. The user of insurance services gives consent that all damages and consequences of the use of distance insurance services are at his expense unless they are caused intentionally or by gross negligence.
Art.21. The user of insurance services has no right to conclude an insurance contract on behalf of others without the explicit consent of the insured person. In case the user of insurance services concludes the insurance contract in his capacity as an insuring party in favor of an insured third party, the user of insurance services should explicitly indicate it when concluding the contract for distance insurance services.
Art.22. The user of insurance services has no right to use the personal data of others when using the website of the insurer and when concluding the insurance contract.
Art.23. The user of insurance services should keep the concluded distance insurance contracts, as well as the receipts received for payments made.
Art.24. The user of insurance services is informed about the criminal and administrative liability he would bear in case of using false documents, debit and/or credit cards and/or personal data of other individuals.
Art.25. The user of insurance services is informed that on conclusion of motor casco insurance he should provide the motor vehicle for an initial inspection and taking a photo at the point of taking photos of Insurance Company Lev Ins AD within 7 days from the conclusion of the insurance contract.
Art. 26. In case the user of insurance services does not fulfill his obligation under the above article, Insurance Company Lev Ins AD is not responsible for all negative consequences which may occur.
PROCEDURE FOR PROVISION OF DISTANCE INSURANCE SERVICES
Art.27. Before the conclusion of a distance contract for insurance services, the client has the opportunity to become familiar with all pre-contractual information, information about insurance products, as well as all the information which the insurer is obliged to provide under the Insurance Code (IC) and the Law on Provision of Distance Financial Services (LPDFC).
Art.28. The client selects an insurance product for which the service for the conclusion of a distance contract is available and follows the steps indicated on the website for concluding the contract, by entering the necessary information and parameters for calculating the insurance premium and conclusion of the insurance contract.
Art.29. Before applying for an insurance contract, the Client should become familiar with the pre-contractual information, the information about the insurance product, the present Terms and Conditions, as well as the applicable General and/or Special Terms and Conditions for the selected insurance product.
Art.30. Prior to the final conclusion of the contract for distance insurance services, the Client must declare that he has become familiar with all the documents and accepts them.
Art.31. Prior to the final conclusion of the contract for distance insurance services, the Client has the opportunity to review and verify all data entered by him and to make adjustments, if necessary.
Art.32. The following payment methods can be used:
Art.33. The insurance premium and other amounts due together with it are paid by debit or credit card through the functionality provided on the website.
Art.34. Upon payment by debit or credit card and confirmation of payment, the Client receives a receipt for the payment made at the e-mail address specified by him.
Art.35. Payment of insurance premium through the website is made by bank cards (debit or credit), through the operators of electronic payment systems specified in the website of the Insurer on conducting e-commerce, in one of the following ways:
- for registered users - by logging in to a Web portal with a username and password;
- for users without registration - directly through the website at address.
Art.36. The insurance premium is calculated on the basis of specific objective parameters on the part of Insurance Company Lev Ins AD, and there is no subjective assessment from the user of insurance services.
Art.37. The currency for payment of insurance premiums due through the website is Bulgarian levs (BGN). In case the insurance premium due by the Client is in a currency other than Bulgarian levs (BGN), the amount is converted into BGN at the daily exchange rate of the BNB.
Art.38. After the order is completed through the website and is accepted by the Insurer, the Client may receive information about the concluded insurance policy and the documents attached to it, as well as a copy of the present terms and conditions at the e-mail address specified by him. The insurance policy received by the Client and the documents attached to it have the force of an insurance contract, except in respect of compulsory motor third-party liability insurance.
Art.39. The contract is considered concluded from the moment of receipt of the confirmation of the Insurer by electronic means from the client.
Art.40. The entry into force of the insurance coverage is explicitly agreed with the insurance contract, but cannot commence earlier than 00.00 hrs on the day following the day of concluding the contract.
Art.41. Upon deferred payment by installments under the Motor Third Party Liability policy, the sticker and the Green Card certificate will be sent to the address indicated by the user of the insurance service within 3 (three) working days. The cost of delivery is at the expense of the Client and depends on the individual tariff of the courier company used by the Insurer.
Art.42. Under the compulsory motor third-party liability insurance, in addition to the due tax of 2%, the Client should pay together with the premium also the value of the sign under Art. 10 of Ordinance № 49/16.10.2014 on the compulsory insurance, as well as the contributions due to the Guarantee Fund and Security Fund. All amounts due by the Client together with the insurance premium are indicated on a separate line in the insurance policy. Delivery is made according to the schedule of the courier company, and the customer is obliged to identify himself to the courier and receive the policy and all accompanying documents.
Art.43. In case of withdrawal from the contract at the time of delivery of the documents by the courier, the transport costs are at the expense of the client.
Art.44. In case the client is not found at the specified address within the delivery time, does not provide access for delivery, or refuses to take delivery of the insurance policy and the accompanying documents, Insurance Company Lev Ins AD is not responsible for the possible negative consequences. The insurance company is not liable for delays in the delivery of the policy due to reasons for which the courier company is responsible.
Art.45. In case of an insurance event, a claim for payment of insurance indemnity may be submitted by notification in writing to the insurer, by fax, email, or by phone of a mobile group in accordance with the Internal Rules of Insurance Company Lev Ins AD for settlement of insurance claims published on the website of the insurer. A claim for payment of insurance indemnity can also be submitted through the website of Insurance Company Lev Ins AD, following the instructions and steps, therefore, and the claim is settled in accordance with the Internal Rules of Insurance Company Lev Ins AD for settlement of insurance claims published on the website of the insurer.
WITHDRAWAL FROM INSURANCE SERVICE AND REFUND OF SUMS
Art.46. According to Art. 12 para 1 of the Law on Provision of Distance Financial Services (LPDFC) the client as a party to a contract for the provision of distance financial services acts outside his commercial or professional activity, has the right, without paying compensation or penalty and without stating a reason, to withdraw from the concluded contract within 14 (fourteen) days, as of the date of concluding the contract or the day of receipt of the terms of the contract and the information under Art. 10 para 1 and 2, if this happens after the conclusion of the contract.
Art.47. According to para. 3, item 2 of the same provision, the right under the preceding item shall not apply to insurance contracts in connection with any trip, luggage, or other short-term insurance contracts with a period of less than one month.
Art.48. It is considered that by his acceptance of these Terms and Conditions the user of insurance services gives his explicit consent within the meaning of Art. 13 para 1, sentence 2 of the Law on provision of distance financial services that the performance of the contract will commence before the expiry of the term for exercising the right of withdrawal.
Art.49. In case the right of withdrawal under Art. 12 para 1 of LPDFC is exercised, the Client owes to Insurance Company Lev Ins AD the part of the insurance premium and the tax on the same for the period in which Insurance Company Lev Ins has borne the risk, if no insurance event has occurred, as well as the incurred administrative expenses, including the value of the sticker, the "Green Card" certificate, and fees to the Guarantee Fund and Security Fund, if the insurance contract has entered into force.
Art.50. Insurance Company Lev Ins AD is obliged to return to the client all amounts paid, with the exception of those due by the client in accordance with the present terms and conditions, no later than 30 days from receipt of the notification for exercising the right of withdrawal. In order to exercise his right to withdraw from motor third party liability insurance, the user of insurance services is obliged to return to the insurer the received insurance policy, the "Green Card" certificate, and the respective fragment of the sign under Art. 487, according to the ordinance under art. 504, para. 1 of the Insurance Code.
Art.51. In case of withdrawal from the insurance, it is necessary for the client to submit a notification with a specified bank account. Refunds are made only to the bank account of the Insuring party.
CONCLUSION OF A CONTRACT FOR DISTANCE INSURANCE SERVICES BY TELEPHONE
Art.52. In case a telephone is used as a means of communication between the insurer and the client for concluding a contract for distance insurance services, at the beginning of the conversation with the client, the employee of Insurance Company Lev Ins AD should disclose his identity and the nature of the call.
Art.53. After the express consent of the user of insurance services, the employee of the insurer provides all necessary information in connection with the insurance products in accordance with the Insurance Code and the Law on the provision of distance financial services.
Art.54. The employee of the insurer explicitly notifies the client that additional information may be provided upon request.
Art.55. The employee of the insurer explicitly notifies the client that the information may be provided to him on paper or electronic media upon request.
Art.56. Before the user of insurance services concludes a contract for the provision of distance insurance services, the insurer shall notify him of all terms and conditions of the insurance contract and of the procedure for the provision of distance insurance services, as well as provide him with the information under Art. 6 on media accessible for the user. The information is available on the website of Insurance Company Lev Ins AD.
Art.57. The user of insurance services has the right to receive the terms and conditions of the contract on paper throughout the period of the insurance contract upon explicit request.
Art.58. The user of insurance services may change the means of communication used when this does not contradict the insurance contract and is compatible with the nature of the insurance services.
COLLECTION AND PROCESSING OF PERSONAL DATA
Art.59. Insurance Company Lev Ins AD processes, stores and protects personal data collected in the course of its activities, transparently, lawfully, and in accordance with the purposes for which the data are collected.
Art.60. Insurance company Lev Ins AD processes personal data in accordance with European regulations, Bulgarian legislation, and the policy for the protection of personal data and for the purposes of distribution of insurance products, the conclusion of insurance, fulfillment of obligations under an insurance contract, and settlement of claims under insurance contracts.
Art.61. The following principles are observed in the processing of personal data:
- Personal data are processed lawfully and in good faith.
- Personal data are collected for specific, well-defined, and legitimate purposes or purposes of a similar nature and are not further processed in a way incompatible with those purposes.
- The personal data which are collected and processed in the management of human resources are relevant, related to, and not exceeding the purposes for which they are processed.
- Personal data are accurate and updated, if necessary.
- Personal data shall be deleted or corrected when they are found to be inaccurate or inconsistent with the purposes for which they are processed.
- Personal data shall be kept in a form that permits identification of the natural persons concerned for no longer than is necessary for the purposes for which the data are processed.
Art.62. The Insurer guarantees the privacy of personal data provided by users of insurance services. The disclosure of personal data and their provision to third parties is permitted if required by law.
Art.63. On conclusion of a contract for distance insurance services, the client provides the insurer with an e-mail address and a mobile phone number, on which he will receive messages from the insurer.
Art.64. In case of a change of the requested e-mail address and/or mobile phone number, the client is obliged to immediately notify the Insurer and to inform him about his new e-mail address or telephone number. In case the Client does not notify the Insurer of the change, all notifications from the Insurer shall be deemed delivered and the Insurer shall not be liable for the consequences thereof.
Art.65. "User of insurance services" / "client" for the purposes of these rules is a natural or legal person, who concludes a distance insurance contract and/or payment of due insurance premium, as well as a natural or legal person who is interested in the insurance products.
Art.66. “Means of distance communication” is any means, which can be used to provide distance services without the simultaneous physical presence of the supplier and the user.
Art.67. "Insured" is the person whose property and/or non - property assets are subject to insurance protection under an insurance contract.
Art.68. "Insuring party" is the person, who is a party to the insurance contract. Under the terms and conditions of the insurance contract, the insuring party may also be an insured or a third-party beneficiary.
Art.69. These terms and conditions apply only to access and use of the website of Insurance Company Lev Ins AD and to the conclusion of contracts for distance insurance services, and they do not cancel or replace the applicable General and/or Special Terms and Conditions for each individual insurance product.
Art.70. The rights of the users of insurance services, granted to them by the Insurance Code and the Law on Provision of Distance Financial Services are irrevocable and cannot be limited by the present conditions.
Art.71. The parties agree that the insurance documents are signed by the client through a qualified electronic signature and this signature will be considered handwritten if the client has paid the insurance premium or the corresponding installment thereon through the website of the Insurer by credit or debit card.
Art.72. Insurance Company Lev Ins AD is licensed by a resolution of the Financial Supervision Commission to operate as an insurer under Section II of Annex №1 “General Insurance” of the Insurance Code and is entered in the Commercial Register and the Register of Non-Profit Legal Entities at the Registry Agency, Ministry of Justice with a unified identification code: 121130788, with registered office and management address: Sofia, Municipality of Sofia, 1700, 67A Simeonovsko Shosse Blvd.
Art.73. All messages should be sent to the address: Sofia, Municipality of Sofia 1700, 67A Simeonovsko Shosse Blvd.; email address: firstname.lastname@example.org; contact phone: 02 805 5333.
Art.74. All disputes arising from the operation or interpretation of these Terms and Conditions shall be resolved by the competent Bulgarian court.
Art.75. The provisions of the Insurance Code, the Law on Provision of Distance Financial Services, and other regulations of the Bulgarian legislation shall apply to all issues which are not settled in these Terms and Conditions.
Art.76. The present Terms and Conditions have been prepared and adopted in accordance with the Insurance Code, the Law on Provision of Distance Financial Services, and the relevant European and Bulgarian legislation, and they are published on the website of Insurance Company Lev Ins AD and are publicly available.
These Terms and Conditions for the provision of distance insurance services have been adopted by a Resolution of the Management Board of Insurance Company Lev Ins AD - Minutes of 20.10.2020 and shall enter into force on 21.10.2020.