GENERAL AND SPECIAL CONDITIONS OF THE INSURANCE
ARTICLE 3 - Cancellation of the policy for non-payment of successive premiums within the thirty-day grace period. If, as a result of an accident, the insured vehicle is totally lost and the premium installments not received by the Insurer for the current insurance year are agreed upon, the amount of the premium installments corresponding to the current insurance year will be deducted from the compensation.
ARTICLE 4 - Failure to pay the outstanding assessments will be grounds for the Insured's termination of membership, once sixty calendar days have elapsed since the payment was formally requested. However, the contract will remain in force until the next due date of the current year, at which time it will be terminated, but the Insured's liability for outstanding debts will remain.
ARTICLE 5, 6, 7, and 8 - Duty of the Policyholder or the Insured to inform the Insurer about the accuracy of the risk, its possible aggravation or reduction, the objective conditions of the driver, the characteristics of the vehicle, its intended use, and the consequences of failing to comply with these duties.
ART. 9 - The Insurer shall be released from its obligation if the Policyholder or the Insured has acted in bad faith. Otherwise, the Insurer's obligation shall be reduced proportionally to the difference between the agreed premium and the premium that would have been applied had the true extent of the risk been known.
ART. 11 - Obligation of the Insured to notify the purchaser in writing of the existence of the insurance and the Insurer of the sale. Right of the Insurer to terminate the contract in cases of transfer of the insured vehicle.
ART. 12 - The parties may object to the extension of the contract by giving written notice to the other party at least one month prior to the end of the current insurance period when the Policyholder objects to the extension, and two months prior when the Insurer objects.
ART. 13 - In the event of total loss of the insured vehicle, the contract will be terminated and the Insurer will be entitled to retain the premium for the current period.
ART. 14 - The Insurer has a duty to report the occurrence of the loss within a maximum period of seven days. In case of non-compliance, the Insurer may claim damages caused by the failure to report. The right to compensation will be forfeited if the Insured has intentionally misrepresented or simulated the loss in the report.
ART. 15 - Compensation for expenses incurred in mitigating the consequences of the loss may not exceed the sum insured.
ART. 16 - The Insurer has the right to reject a claim based on the policy terms and the right of recourse against the Insured for any indemnities and sums paid.
ART. 21 - Mandatory Civil Liability coverage will cover claims occurring throughout the territory of the European Economic Area and the States adhering to the Multilateral Guarantee Agreement. Coverage under voluntary insurance will be effective for claims occurring in Spain, Andorra, and the member states of the European Union, except as provided for the Individual Accident, Travel Assistance, and Legal Defense in Administrative Traffic Offenses coverages.
ART. 24 - No compensation for late payment will be due when the failure to pay compensation or the minimum amount is based on a justified cause or is not attributable to the Insurer.
ART. 26 - This contract is subject to Spanish jurisdiction. TRAFFIC ACCIDENTS: Events arising from motor vehicle sporting events on circuits specifically designated or authorized for such events shall not be considered traffic accidents, without prejudice to the obligation to take out special insurance. Events arising from the performance of industrial or agricultural tasks by motor vehicles specifically designed for such purposes, or the movement of the insured vehicle within the premises of ports and airports, shall also not be considered traffic accidents. Furthermore, the use of a motor vehicle as an instrument in the commission of intentional crimes against persons and property shall not be considered a traffic accident.
ART. 27 - Point 1.- The consequences of the following events are excluded from ALL VOLUNTARY COVERAGES: a) Events that are not legally considered traffic accidents. b) Events intentionally caused by the insured or the driver with or to the vehicle. c) Those caused by earthquake, flood, volcanic eruption, uprising, plunder, civil or international war, seizure by civil or military authorities, and by riot, disturbance, or revolt. d) Those produced by any modification of the atomic structure of matter or its thermal, radioactive, or other similar effects, as well as those produced by the artificial acceleration of atomic particles. e) Those that occur while the driver of the insured vehicle is intoxicated or under the influence of drugs, toxins, narcotics, or psychotropic substances. Intoxication will be considered to exist when the blood alcohol level exceeds the legally established limit at the time of the accident, or when a court ruling establishes this circumstance as a determining and/or contributing cause of the accident. f) Those that occur when the insured vehicle is driven by a person who lacks the corresponding driver's license or has violated a sentence of annulment or revocation thereof. g) When the driver of the insured vehicle that caused the accident is convicted as the perpetrator of the crime stipulated in section 3 of article 195 of the Criminal Code, regarding failure to render aid. h) Those that occur as a result of the theft of the insured vehicle, as well as its illegitimate use or use not expressly or tacitly authorized by its owner, except as provided for the Theft category. i) Those caused by motor vehicles performing industrial or agricultural work, such as tractors, harvesters, dump trucks, tipper trucks, excavators, concrete mixers, cranes, compressors, and other similar vehicles, when the accidents occur while carrying out the corresponding industrial or agricultural work and are not a direct consequence of the operation of such vehicles. j) Accidents occurring when regulations regarding requirements and number of passengers, weight or size of goods or animals being transported, or manner of securing them have been violated, provided that the violation was the determining cause of the accident. k) Accidents occurring during the insured vehicle's participation in bets or challenges. l) Accidents legally considered extraordinary events, whether or not covered by the Insurance Compensation Consortium. Point 2. The following events are excluded: a) Accidents occurring during the insured vehicle's participation in races or competitions, or in preparatory events for them. b) Accidents occurring due to the transport of fuels, mineral essences, and other flammable, explosive, or toxic materials in the insured vehicle. c) Accidents occurring while the insured vehicle is inside the premises of ports or airports, when dealing with vehicles that regularly circulate within these premises. Point 3.- Specifically for VOLUNTARY CIVIL LIABILITY coverage, the following are excluded: a) Liability for damage caused to goods transported in the vehicle. b) Liability for damage caused by goods transported in the vehicle, or which are in the possession of the Insured or persons for whom the Insured is responsible. c) Contractual civil liability. d) Liability arising from damage or injury caused to passengers when the vehicle is not officially authorized for passenger transport. e) Payment of fines, penalties, and costs imposed by the Courts or competent Authorities. f) All cases not covered by Mandatory Civil Liability insurance. 1 - CIVIL LIABILITY FOR LAND VEHICLES
1.1 Compulsory Civil Liability Insurance
ART. 29 - Vehicle defects or the breakage or failure of any of its parts or mechanisms shall not be considered cases of force majeure.
ART. 30 - Compulsory insurance shall guarantee coverage of Civil Liability for motor vehicles habitually parked in Spain, through the payment of a single premium, throughout the territory of the European Economic Area and the States adhering to the Agreement between the national insurance offices of the Member States of the European Economic Area and other associated States. This coverage shall include any type of stay of the insured vehicle in the territory of another Member State of the European Economic Area during the term of the contract. When the victim capable of civil fault only contributes to the production of the damage, all compensation, including that relating to expenses incurred in cases of death, permanent injuries, and temporary injuries, shall be reduced in proportion to the contributory negligence up to a maximum of seventy-five percent. These rules shall not apply if the minor or any of the aforementioned persons have intentionally contributed to the production of the damage.
ART. 31 - Exclusions from compulsory insurance: 1. It will not cover damages caused by injuries or death of the driver of the insured vehicle. 2. Damages suffered by the insured vehicle, by the goods transported in it, and by the property of the Policyholder, Insured, owner and driver, as well as that of their spouse or relatives up to the third degree of consanguinity or affinity. 3. Damages to persons and property caused by a stolen vehicle, understood as such exclusively the conduct classified in the Criminal Code as theft and theft of use, respectively. 4. Material damages that occur when the regulatory provisions regarding requirements and number of persons transported, weight or size of the goods or animals that may be transported, or manner of securing them, have been infringed, provided that the infringement was the determining cause of the accident. 5. All consequences arising from an event that is not legally considered a traffic accident. 6. All consequences arising from the use or driving of the vehicle designated in the policy by those who lack a driver's license, fail to comply with legal technical obligations relating to the vehicle's safety, or, outside of cases of theft and unauthorized use, unlawfully use motor vehicles belonging to others or are not expressly or tacitly authorized by their owner. 7. Damages (material or bodily) when caused by driving under the influence of alcoholic beverages or drugs, toxins, narcotics, or psychotropic substances.
ART. 32 - Right of recourse of the Insurer for payments made under the Compulsory Civil Liability insurance against the driver, the owner of the vehicle causing the damage, and the Insured, if the material and personal damages caused are due to driving under the influence of alcoholic beverages or drugs, toxins, narcotics, or psychotropic substances. Against the driver, the owner of the vehicle causing the damage, and the insured, if the material and personal damages caused are due to the intentional misconduct of any of them. Against the third party responsible for the damages. Against the policyholder or insured for causes provided for in the Insurance Contract Law and in the contract itself. Against the policyholder or insured in the case of the insured vehicle being driven by someone without a driver's license. In any other case in which such recourse may also be appropriate under the law. The insurer's right of recourse expires after one year, counted from the date on which payment was made to the injured party. 1.2 Voluntary Civil Liability Coverage ART. 33.2 - This guarantee will cover compensation, within the limit agreed in the Special Conditions, that exceeds the quantitative limit of the Mandatory Civil Liability coverage established at any given time by the legal provisions that regulate said coverage.
ART. 34 - Persons excluded from the coverage of VOLUNTARY SUBSCRIPTION CIVIL LIABILITY: a) Those whose civil liability is covered by this type of coverage, as provided in Article 33. b) The spouse, ascendants, or descendants of the persons indicated in the preceding paragraph, as well as the family members of said persons up to the third degree of consanguinity or affinity. c) When the Insured is a legal entity, its legal representatives, as well as the spouse and family members of said representatives who are, with respect to them, in any of the cases provided for in the preceding paragraph. d) The employees or salaried workers of the persons whose civil liability is covered by this policy, in those claims that are recognized as work-related accidents.
ART. 35 - The Insurer's right of recourse against the Insured, owner, and driver with respect to compensation paid for events due to their willful misconduct, the driver's intoxication, or accidents involving other causes that contractually exclude or limit the risk.
ART. 36 – In the event of legal actions brought by injured parties, the Insurer will continue, at its own expense, with its lawyers and legal representatives, the defense of the Insured and driver in civil actions, for which purpose the defendant must provide the necessary powers of attorney, regardless of the type of proceedings. If the Insured and/or driver are found liable, the Insurer will decide whether to appeal to the competent Higher Court. However, if the Insurer deems the appeal inadmissible, it will notify the interested party, who will then be free to file an appeal at their own expense. The Insurer will be obligated to reimburse all expenses incurred up to the limit of the savings achieved if the appeal results in a more favorable outcome. The Insured and driver are prohibited from making any act of acknowledgment of liability without the Insurer's prior authorization.
ART. 38 - The Policyholder, the Insured, and the driver are obligated to notify the Insurer of any judicial, extrajudicial, or administrative notification related to the claim as soon as they become aware of it. The Insurer will forfeit the right to compensation or the right of recourse if these obligations are breached through intent or gross negligence. 2 - LAND VEHICLES (Damage)
2.1 Damage to the insured vehicle
ART. 39 - 1. Excluded are damages caused during maritime, air, or land transport (truck/crane). 2. c) Malicious acts or wrongdoing by third parties of a political or social nature. e) Accidents caused by material defects, construction flaws, or poor maintenance, it being understood that the Insurer's guarantees in such cases are limited to the repair of the damage caused by the accident and not to the repair of defective or poorly maintained parts. 3. The necessary expenses for transporting the damaged vehicle to the nearest repair shop are covered, provided there is damage to the vehicle that prevents or discourages its use. 4. a) A total loss will be considered to exist when the amount of damage to the vehicle exceeds its market value, acquisition value, or replacement value. b) Damage suffered by the insured vehicle as a result of a collision with vehicles, persons, animals, or things, provided they are identifiable.
ART. 40 - Exclusions from Land Vehicle Coverage, in addition to those in Article 27: a) Damage to the insured vehicle caused by transported objects or during loading or unloading. b) Damage caused by seismic, atmospheric, or thermal phenomena, including damage due to freezing of radiator water. c) Damage caused by acts of vandalism affecting only the tires (covers and inner tubes). Tire valuation based on their condition and value at the time of the accident. d) Any depreciation of the vehicle following repairs after an accident. e) Damage to the insured vehicle's accessories. f) Damage caused by driving the insured vehicle on roads other than designated routes. g) Breakdowns resulting from driving the vehicle, starting the engine, or tampering with any other part after an accident, as well as engine seizure and any resulting damage. h) Damage to rims, tires, covers or associated elements as a result of impacts against curbs, potholes, obstacles, negligent driving or improper use of the vehicle, when there is no identified third party, will be attributable to the lessee, regardless of the insurance coverage.
ART. 45 - 1. Repairs will be appraised according to their actual cost. The Insured will be reimbursed for the cost of the parts based on their last available price before being depleted. 2. The Insurer will consider a claim or total loss to exist when the estimated cost of repairing the damaged vehicle exceeds 100% of its new, acquisition, or market value. In this case, the contract will be terminated once the Insurer has paid the compensation and the Insured has paid the full annual premium. 3. Valuation will be carried out as follows: a) When the claim occurs within one year of the date of first registration: 1st Based on the new value, 100%, if the Insured is the first owner. 2nd Based on the acquisition value if the Insured is the second or subsequent owner of the vehicle. b) According to its market value at the time prior to the accident, if the accident occurs more than one year after the date of the insured vehicle's first registration. 4. As a general rule, the vehicle's remains will be kept by the Insured, and their value will be deducted from the compensation payable by the Insurer. 5. When payment for the repair is agreed upon, the Insured must submit, as a prerequisite, proof of the damage/invoice. 6. A limit of 200 euros applies to urgent repairs by the Insured, who must submit the invoice along with the claim. 7. Tires will be compensated according to their condition and value at the time of the accident.
ART 46 - In cases where damage occurs to a vehicle and there is no clearly identifiable or individualizable opposing party as responsible—whether due to the impossibility of determining authorship, the lack of witnesses, or any other circumstance that prevents attributing responsibility to a third party—the amount of the bond initially contracted shall be increased to a total equivalent to four (4) times the sum agreed upon in the legal instrument that gave rise to said guarantee. This increase is due to the need to more broadly cover the potential costs arising from the repair or replacement of the damaged property when there is no identified responsible party to assume said responsibility.
ARTICLE 47 - In case of fire, the Insured must report the incident to the competent authority and may not abandon the damaged property at the Insurer's expense. The Insurer will not be obligated to indemnify for damages caused by fire when it originates from the Insured's willful misconduct or gross negligence. 2.2 Vehicle Theft ARTICLE 48 - In addition to the exclusions generally established in Article 27 that may affect this type of theft, the following will apply: a) Theft resulting from the gross negligence of the Insured, the Policyholder, the driver, or persons dependent on or living with them. b) Thefts committed by the Insured's relatives up to the third degree of consanguinity or affinity, or by their dependents or employees, who are accomplices or accessories after the fact. c) Theft occurring during losses arising from extraordinary risks. d) Theft or loss of keys, remote controls, cards, or any other device that allows the opening, closing, or starting of the vehicle. e) Damage caused by acts of vandalism. f) Vehicle accessories.
ART. 49 - The Insured's obligation to report the theft of their vehicle to the competent authority, indicating the name of the Insurer.
ART. 50 - If the entire vehicle is stolen, its valuation will be carried out as follows: a) When the loss occurs less than one year after the date of its first registration: 1st According to the new value, 100%, if the Insured is the first owner. 2nd According to the acquisition value if the Insured is the second or subsequent owner of the vehicle. b) Compensation will be paid according to its market value at the time prior to the loss if more than one year has passed since the first registration. In the case of theft of vehicle parts or insured accessories, the compensation shall not exceed the amount of the theft of the entire vehicle. If the theft affects accessories and parts that are fixed components of the vehicle, they shall be compensated at their replacement value at the time of the theft; the battery, catalytic converter, or original tires shall be compensated according to their market value.
ART. 51 - If the stolen vehicle is recovered within thirty days of the date of the theft, the Insured shall be obliged to accept its return. If the recovery takes place after this period, the Insurer shall be obliged to offer the Insured the recovered vehicle and return it, provided that the Insured expresses their acceptance within fifteen days of the offer. In this case, the Insured shall reimburse the Insurer for the compensation received. If the Insured does not accept, the vehicle shall become the property of the Insurer. 2.3 Windscreen Breakage
ART. 52 - Excludes damage incurred during maritime or air transport.
ART. 53 - The following are not covered by this policy: a) Breakage of headlights, taillights, lamps, interior or exterior mirrors, glass roof, sunroof, or any other type of glass objects on the insured vehicle. b) Windows that are not made of glass. c) Damage caused during repairs to the insured vehicle. d) Accessories. All incidents that are revoked or denied by the insurance company will be the responsibility of the individual or legal entity that rented the vehicle, as well as any related expenses, such as transportation, future rentals canceled due to the vehicle's unavailability, etc. 3 - LEGAL DEFENSE
The net amount of this guarantee is €19.16, the amount of taxes and surcharges is €1.56, and the total is €20.72. INSURED: The person or persons designated as such in the Special Conditions, their spouse, ascendants or descendants (up to the third degree of consanguinity or affinity, provided they habitually live with them or are dependent on them), salaried employees, and authorized driver.
ART. 54 - The Insurer assumes the expenses arising from the criminal defense of the Insured or from claims for damages caused by a third party, all arising from a traffic accident in which the insured vehicle was involved. The Insurer, at its own expense, will assume, with its lawyers and legal representatives, the defense of the Insured with respect to civil liability actions, for which purpose the defendant must provide the necessary powers of attorney.
ART. 55 - The coverage of this guarantee will not include the following expenses: 2. The fees and disbursements of the Solicitor, when their intervention is not mandatory. 4. The fees of Experts whose intervention is not necessary. 6. Compensation and fines.
ART. 56 - In addition to the exclusions generally defined in Article 27, the following will apply: a) Any type of action arising, directly or indirectly, from events caused by nuclear energy, genetic alterations, radioactive radiation, natural disasters, acts of war, riots, explosions, and terrorist acts. b) Events arising from the Insured's participation in competitions or sporting events not expressly covered by the Special Conditions. c) Legal defense not arising from traffic accidents or incidents. d) Compensation, fines, or penalties imposed on the Insured. e) Claims arising from contractual obligations. f) Bonds to guarantee civil liability. g) Taxes or other fiscal payments arising from the presentation of public or private documents to Official Bodies. h) Expenses arising from a joinder or counterclaim in court, when they relate to matters not included in the guaranteed coverages. i) Expenses related to litigation between the Insured and the Insurer regarding contractual issues arising from the contracted policy. j) The defense of civil liability covered by this policy. k) The criminal defense of the Insured in proceedings for an offense against traffic safety, especially for driving under the influence of alcohol or drugs, toxins, narcotics, or psychotropic substances.
ART. 57 - If the Insurer does not consider it likely to obtain a better result through legal proceedings, it will inform the Insured, who may continue the claim at their own expense. In this case, the Insurer undertakes to reimburse the Insured for legal expenses, including attorney and court agent fees, up to the limit of the insured sum, should the claim be successful and the compensation awarded exceed the amount offered. The provisions of the preceding paragraph also apply in cases where the Insurer does not deem it appropriate to appeal a judgment or other judicial decision. The Insured expressly authorizes the Insurer and its legal representatives to directly collect any compensation.
ART. 58 - If the Insured freely chooses their own attorney and court agent, they are obligated to provide the Insurer with the details of these professionals in a verifiable manner.
ART. 59 - The Insurer will pay, up to the maximum limit established in the Special Conditions, the attorney and court agent fees, provided their intervention is mandatory, in accordance with the guidelines of the corresponding Professional Association, which will be considered maximum amounts. Any difference will be the responsibility of the Insured. The Insured shall be responsible for the travel expenses and fees included in the bill of the appointed professional if they reside in a different judicial district than the one where the proceedings are taking place. The Insurer shall not pay the expenses of such professionals that the Insured may incur when the judgment orders the opposing party to pay them. 4 - INDIVIDUAL ACCIDENTS
Driver's Insurance
ART. 60 - The Insurer guarantees payment of the compensation stipulated in the policy when the Insured suffers an accident while driving the insured vehicle declared in the Special Conditions, from the moment they enter the vehicle until they exit, and for other events closely related to driving, provided that the vehicle is driven by an authorized person and they hold a valid driver's license.
ART. 61 - Accidents occurring in unexplored regions and/or trips of an exploratory nature are excluded from the death and permanent disability coverage. The coverage for medical expenses applies to accidents occurring within the territory of countries belonging to the European Economic Area.
ART. 62 - BENEFITS 62.2. Permanent Disability - In the event of partial permanent disability, the compensation payable will be the result of applying, to the capital agreed upon in the Special Conditions for total permanent disability, the percentages detailed in the table shown in the General Conditions. Cases of loss or paralysis of a body part, and in general all injuries, mutilations, or functional disabilities not listed in the table, will be assessed taking into account the degree of reduction in capacity they produce, without their assessment exceeding 50% of that attributed to the total loss or paralysis of the limb or organ in question. The loss or injury of a limb or organ that was unusable before the accident will not give rise to any compensation for disability. For the purposes of such compensation, the aggravation due to pre-existing deformities or mutilations will not be taken into account, and only the loss suffered as a result of the accident will be considered in its calculation. If, as a consequence of the accident, after the compensation for permanent disability has been paid, the insured dies, the amounts paid by the insurer will be considered as an advance against the sum insured in the event of death. 62.3 Healthcare. Medical assistance is guaranteed for a maximum period of three hundred and sixty-five days from the date of the accident, up to the limit of the sum insured established in the Special Conditions. The Insured is obligated to undergo any examinations arranged by the Insurer, performed by the physicians designated by the Insurer, and to provide them with the information necessary for the proper performance of their duties.
ART. 63 - Persons who have reached sixty-five years of age at the time of contracting the insurance are not eligible for insurance.
ART. 64 - List of risks excluded from this coverage: a) Illness of any nature whatsoever (occupational or otherwise), even if aggravated by an accident occurring before, during, or after the illness. b) Injuries caused by X-rays, the use of radium, and its compounds. c) Injuries resulting from myocardial infarction, stroke, or cerebral hemorrhage, angina pectoris, aneurysms, congestion, hernia, strain, lumbago, tears or ruptures of muscle fibers and any blood vessels, whitlows, cysts, calluses, synovitis, varicose vein ulcers, rheumatism, sunstroke, frostbite, and other effects of temperature not caused by an accident. d) Injuries intentionally caused by the Insured. e) Nuclear reaction or radiation or radioactive contamination. f) Accidents resulting from an act of reckless imprudence or gross negligence by the Insured, as declared by a court, as well as those resulting from the Insured's participation in criminal acts. g) The Insured's active participation in bets, challenges, or fights. h) The consequences of suicide, as well as accidents suffered by the Insured while in a state of mental incapacity, or while intoxicated or under the influence of drugs, toxins, narcotics, or psychotropic substances. For these purposes, intoxication shall be considered to exist when the blood alcohol level exceeds the legally established limit at the time of the accident, or the Insured is sanctioned or convicted for this reason. i) Intoxication or poisoning from the ingestion of food products. j) Injuries resulting from surgical procedures or medical treatments not caused by an accident covered by the policy. k) Infectious diseases, such as sleeping sickness, malaria, yellow fever, and in general, diseases of any kind, fainting spells, syncope, strokes, epilepsy, or epileptiform disorders caused by any kind of loss of consciousness or mental faculties. l) Accidents occurring when the vehicle is driven by an unauthorized person or someone not in possession of a valid driver's license. m) The consequences of accidents occurring before the insurance policy takes effect, even if they manifest during its validity, nor the consequences, injuries, or deaths from a covered accident that manifest themselves after three hundred and sixty-five days from the date of the accident. 5 - TRAVEL ASSISTANCE
The coverages indicated in Chapters I and II (Risks to persons with or without a vehicle and Risks to the vehicle), highlighted in bold in sections A, D, E, F, G, and H of Chapter I, and sections A, B, C, E, F, G, H, I, and J of Chapter II, are excluded from this guarantee. Furthermore, the coverages in the aforementioned Chapters I and II are excluded from this guarantee in events that occur with the insured vehicle outside of urban or interurban roads. 6 - EXTRAORDINARY RISKS
The compensation from the Insurance Compensation Consortium will exclude all risks determined by the legislation in force at the time of the accident. The Policyholder expressly accepts the Limiting Clauses indicated in these pages, with full awareness of the consequences of driving the insured vehicle while intoxicated, relating to the exclusion of coverage and the Insurer's right of recourse, as set forth in Articles 27, 31, 32, 34, 35, 40, 48, 53, 56 and 64 of the General Terms and Conditions, Article 5 of the Defense in Administrative Traffic Offenses, and Article 2 of the Vehicle Immobilization Subsidy, according to the coverages contracted by the Insurance.