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GENERAL TERMS AND CONDITIONS
 

This document contains the General Terms and Conditions for the Policy You have subscribed to. Any ‘Bold’ text that You come across in this document has been defined in section C. Definitions.

Your Policy is made up of Your Policy Schedule and these General Terms and Conditions, both of which you have/will receive by email upon the purchase of this Excess Insurance policy. These can also be accessed at any point in time via My Account after Your purchase.

You have/will purchase this contract from PSA Insurance Solutions Ltd., online sales platform. PSA Insurance Solutions Limited is an Agent acting for PSA Insurance Ltd.

Your Policy Schedule provides details of Your Vehicle and when the cover will begin and end. Please make sure that at any point in time the details are correct.

Please read this Policy carefully and make sure You understand and fully comply with its terms and conditions as failure to do so may jeopardise the payment of any claim which might arise and could lead to the Policy becoming void.

Excess Insurance is an all risks insurance, meaning that You are covered for any cause resulting in the insured event described in Section D. What are You covered for, except for those events specifically excluded in section F. What is NOT covered and in section G. General Exclusions list of this Policy.

The policy You have subscribed to is effective from the date You clicked on “Accept and Subscribe” and You are covered for the Period of Insurance stated in Your latest Policy Schedule.

 
 
AND
 

The subscriber and Insured Person named in this Policy and who has satisfied all the following Eligibility Criteria required during the subscription process:

  • You have been insured for 1 year without claims on your Motor Insurance Policy.
  • You are a resident in Italy.
  • You will use Your Vehicle for Private Use.
  • Your Vehicle is covered by a comprehensive or a fire and theft insurance policy and is subject to an Excess.
 
The words or expressions detailed below have the following meaning wherever they appear in this Policy and will appear in Bold.
 

Accident: means any sudden unforeseen damage to Your Vehicle covered by Your Motor Insurer.

Agent: means PSA Insurance Solutions Ltd., a company authorised to act as an Insurance Agency for PSA Insurance Ltd. and carry on insurance intermediation in Italy under the freedom to provide services provisions by the Malta Financial Services Authority (MFSA) under Registration no C83206. Registered Office: MIB House, 53, Abate Rigord Street, XBX1122 Ta’ Xbiex, Malta. The Agency operates under freedom of services in Italy .

Anniversary Date: means the day after the current Period of Insurance will expire.

Claim Limit: is the maximum amount that You can be compensated for under this Policy. These are explained in Section E. What is Your Claim and where applicable shown on Your Policy Schedule.

Cooling off Period: Means the period of thirty (30) full calendar days from the Effective Date or from the day You receive Your Policy, if this is provided after the Effective Date, during which You can cancel this Policy without having to explain Your reasons.

Effective Date: The date on which the covers shall take effect.

Eligibility Criteria: refers to the set of requirements that need to be in place for You to subscribe to and benefit from this Policy.

Excess: means the first amount charged by Your Motor Insurer on the Vehicle in case of Loss.

Geographical Limits: means the area in which this Policy is providing You cover as described in Your Policy Schedule.

Insurance Policy: refers to Your Booklet serving as the General Conditions and Your Schedule.

Insurance Premium: this is the price You paid for the cover provided under this Policy including any taxes/fees due to the respective authorities in the country where this Policy is purchased.

Insured/You/Your: means the person named in the Policy Schedule, who must be 18 years old or older at the time of subscription.

Insurer/We/Us/Our: PSA Insurance Ltd., a company authorised by the Malta Financial Services Authority to carry on business of insurance under Registration no. C44567. Registered Office: MIB House, 53, Abate Rigord Street, XBX1122 Ta’ Xbiex, Malta. The Insurer operates under freedom of services in Italy.

Loss/Consequential Loss: means any costs which are directly or indirectly caused by the event which led to Your claim unless specifically stated in this Policy.

Motor Insurer: means the insurer that is providing You a comprehensive insurance cover for the Vehicle described in Your Policy Schedule.

My Account Area: means the secure area on the website www.psa-insurance-solutions.it, which You may access by entering a username and password. It contains Your Policy, together with any other documents for the administration of Your Policy.

Period of Insurance: means the dates between which this Policy is in force as highlighted in Your Policy Schedule.

Policy Schedule: means the document containing the details related to this Policy based on the information You provided.

Renewal Notice: means the renewal notification which We will send to the email address You provided Us during subscription.

Surveyor/Report: means the expert or the report prepared by the expert appointed by Your Motor Insurer/Us.

Unutilised Share of Premium: is equal to Your Insurance premium including any taxes, fees and parafiscal charges, which You have already paid multiplied by the Number of remaining days covered by Your latest payment and then divided by the total Number of days covered by Your latest payment.

Vehicle: refers to the Vehicle described in Your Policy Schedule which is covered by Your Motor Insurer.

D. WHAT ARE YOU COVERED FOR

E. WHAT IS YOUR CLAIM LIMIT

F. WHAT IS NOT COVERED

 

During the Period of Insurance stated in Your latest Policy Schedule, We will cover:

Your compensation under this Policy will be subject to:

 

 We will NOT cover You if/for:            

 

D.1. The Excess amount charged by Your Motor Insurer on the Vehicle, within the Geographical Limits, in the event of an Accident. 
 
 
 
 
 
 
 
 
 
 
 
 
 

 E.1.  Maximum amount shown in Your Schedule that You selected during the subscription process OR

E.2. The Excess charged by Your Motor Insurer pasting whichever is the lower of E.1 and E.2 above
 

E.3. Limit of one (1) Claim per period of insurance

 
 
 
  
 
 

F.1.  No Excess is charged by Your Motor Insurer.

F.2.  Accidents  to tyres and/or windscreens.
 
 
 
 
 
 
 
 
 
 
 
 

 

 

You must comply with the following instructions to have the full protection of Your Policy. If You do not comply with them, We may  refuse to deal with Your claim.

H.1. In the event of an Excess, please contact the Insurer to report Your claim via this link: www.psa-insurance-solutions.it/my-account.

H.2. You must report Your claim within 10 days from when the Excess has been charged.

H.3. You must provide the Insurer with the following documents:

H.3.1. Proof of claim settlement by Your Motor Insurer and the Excess that You have been charged.

H.3.2. Copy of the policy schedule of Your Motor Insurer evidencing the applicable Excess.

H.3.3. A copy of the Report.

Prior to the acceptance of any Claim under this policy, We have the right to request, and You have the obligation to provide the Certificate of Claims from the Motor Insurer.

Additionally, We reserve the right to request any additional document deemed necessary to verify Your claim.

H.4. We hereby undertake to pay You the indemnity to which You are entitled within thirty (30) days of the date of receipt of the notification, provided that You have furnished us with all the supporting documentation required in list H.3 above, and that Your claim is covered.

 

I. GENERAL CONDITIONS
 

I.1. Duty of Care

You must take reasonable precautions to avoid further damage in the event of an Accident.

I.2. Servicing Requirements
 
All reasonable steps must be taken to avoid  Loss or Excess to Your Vehicle.


I.3. Fraud

You must not act in a fraudulent manner. If You, or anyone acting for You:

  • Make a claim under the Policy knowing the claim to be false, or fraudulently exaggerated in any respect; or
  • Make a statement in support of a claim, knowing the statement to be false in any respect; or
  • Submit a document in support of a claim, knowing the document to be forged or false in any respect; or
  • Make a claim in respect of any Loss or Excess caused by Your wilful act, or with Your connivance.

Then:

  • We shall not pay the claim;
  • We shall not pay any other claim which has been made or will be made under the Policy;
  • We may at Our option declare the Policy void;
  • We shall be entitled to recover from You the amount of any claim already paid under the Policy;
  • We shall not make any return of Insurance Premium;
  • We may inform the police of the circumstances.

I.4. Duty of Disclosure

You have the duty to provide true and transparent information. The Policy has been issued based upon information, which You have given Us about Yourself, and Your Vehicle. In case of any wrong or incorrect information You shall face with the consequences described on the articles 1892 and 1893 Italian Civil Code. You have a duty to tell Us of any change to this information in particular any circumstances which determine an increase of the risk pursuant to article 1898 Italian Civil Code including, but not limited: change of residence address, or a different use of the Vehicle (e.g. being used for private hire).

As failure to do so may give Us the right to terminate this Policy [1]. We will then advise You of any change in terms. You must notify Us of any change in the information You provided to us as soon as You become aware of the change.

I.5. The Law Applicable to this Policy
 
Unless some other law is agreed in writing, this Policy is governed by Italian law. If there is a dispute, it will only be dealt with in the courts of Italy.
 
I.6. Statute of Limitations
 

The rights arising under an insurance contract are barred by limitation of two (2) years after the event that gave rise to them [2]. The limitation is dictated by the Law in Italy and as such neither We nor You can change the term or the causes of suspension to this period.

However,

I.6.1. In case of non-disclosure, an incomplete declaration, misrepresentation or an inaccurate declaration from Your part concerning the risk insured, this time period shall run from the date on which We became aware of this;

I.6.2. In case of a claim, this time period shall run only as from the date on which the We/You became aware of the same, if We/You can prove that they were unaware of it until such time.

Where Your action against the Insurer is the result of a right of remedy exercised by a third party, the limitation period shall run as from the date on which the said third party brought legal action against You or was compensated by the Insurer.

The limitation period is interrupted by any of the ordinary causes of interruption of the limitation period and by the appointment of Surveyors following an insured Loss. The limitation period may also be interrupted by the dispatch of a registered letter with acknowledgement of receipt or email, forwarded by the Insurer to the Insured where it concerns action for payment of the Insurance Premium, and by the Insured to the Insurer where it concerns payment of the indemnity.

 

J.1. The Insurance Premium

The total price You will need to pay for the Period of Insurance stated in Your Schedule is calculated and made up of:

Bronze

47€

Annually

Silver

54€

Annually

Gold

89€

Annually

Out of which there is an Insurance premium tax of

13.50%

of the annual premium

 

J.2. Payment

Your premium will be paid Annually by means of the payment method chosen upon subscription.

Should You wish to change Your payment details please send Us Your request by completing the form in the My Account areawww.psa-insurance-solutions.it/my-account at least fifteen (15) days before Your next payment.
 
J.3. Renewal
 
Your Policy will be renewed automatically on the Anniversary Date of this Policy and You will be charged the Insurance Premium according to the payment method You selected during the subscription process.
 
We will inform You that Your Policy is due for renewal by sending you a Renewal Notice seventy (70) days prior to the Anniversary Date of the current Period of Insurance.
 

You/ We may terminate or Cancel Your Policy in the following cases:

How and what will We be refunding You

K.1. You may cancel Your Policy during the Cooling-off period subject that You have not reported any claim during this period.

Complete the form in the queries section of the website: www.psa-insurance-solutions.it/queries or send a registered letter within thirty (30) days from the day on which You receives Your Policy. Here is an example of what You can write to request the cancellation:

"I the undersigned [First Name and Surname], resident at [Address], hereby declare that I wish to cancel, the insurance policy [Policy Number].

Date [Please complete] Signature [Your signature]"

Provided that You have not reported any claims We will refund You Your Insurance Premium.

K.2. We may terminate Your Policy on the Anniversary Date.

We must send a notice of termination by means of registered letter or by email notification at least two months prior to the Anniversary Date.

K.3. You may Terminate Your Policy at any time in the future and for any reason during the Period of Insurance subject that You have not reported any claims.

Complete the cancellation form in the queries section of the website: www.psa-insurance-solutions.it/queries.

Provided that You have not reported any claims We will refund You, within thirty (30)days, the proportionate unutilised share of Your Insurance Premium.

K.4. We may cancel or Terminate Your Policy in the event that You have intentionally or unintentionally undisclosed  or   misrepresented information about the risk to Us.

Your Policy will be declared null and void in case of non-disclosure or misrepresentation on Your part with gross negligence or wilful misconduct, according to article 1892 Italian Civil Code.

In case of non-disclosure or misrepresentation on Your part without gross negligence or wilful misconduct, We reserve the right to terminate the Policy, within three (3) months after the discovery of the non disclosure or misrepresentation, according to article 1893 Italian Civil Code. 

K.5.Your Policy will be suspended in the event of non payment, or partial payment of Your Insurance Premium.

If You fail to pay Your Insurance Premium or the first installment of Your Insurance Premium, Your Policy shall be suspended until midnight on the day when the payment is made. If You fail to pay any of the subsequent Insurance Premiums within the deadlines agreed upon, Your Policy shall be suspended from midnight on the fifteenth day following the expiry date.

In the cases mentioned above, Your Policy shall be terminated by operation of law if the Insurer does not bring an action for collection within six months of the deadline for payment of the Insurance Premium or any instalment thereof; the Insurer shall only be entitled to the payment of the Insurance Premium covering the current period of insurance and reimbursement for expenses.

K.6. We may terminate Your Policy in the event that there is a direct or indirect disclosed change in risk which is not compliant with the Eligibility Criteria of this Policy.

We will send You a notice of termination within one month from receipt of Your disclosed change request.

Provided that You have not reported any claims We will refund You within thirty (30) days the proportionate unutilised share of Your Insurance Premium.

K.7. We will terminate Your Policy in the event that the subject of this Policy is destroyed or no longer belongs to You.

 

This Policy is subject to Italian law.

For any request related to this Policy, You may contact Us by using the form accessible in the complaints section of the website: www.psa-insurance-solutions.it/complaints.

We hereby undertake to acknowledge receipt within ten (10) working days and to deal with Your complaint within fifteen (15) days of receipt of all the documents necessary in order to examine the same.

If You are not satisfied with the response given by Us to Your complaint, You may:

  • refer the case to the IVASS (Istituto per la Vigilanza sulle Assicurazioni) con sede in Roma, via del Quirinale n. 21 (website: www. ivass.it)
  • refer the dispute in writing to the Office of the Arbiter for Financial Services (OAFS) on http://financialarbiter.org.mt/en/Pages/Home.aspx and submit the forms explained in the above mentioned website;

At any point in time, You retain the right to refer any dispute related to this Policy to the Italian courts.

 

During the online subscription, You consent and agree freely and without reservation to the personal data process done by Us.

We inform You that Your data is collected and processed by PSA Insurance Limited, identified as Data Controller, for the following purposes: (i) the conclusion, management and execution of his/her insurance contracts, (ii) the fight against money laundering (iii) combating insurance fraud, and (iv) analyzing his/her data and cross-referencing it with those of our partners to improve our products and services. The recipients are PSA Insurance Solutions, PSA Insurance Manager and PSA Services.

Your data, which is kept for the duration necessary for these processing which will not exceed 10 years starting from the final Expiration Date or the last communication with the client depending which event occurs last.

We inform You that, when taking out an Insurance Policy, the answer to certain questions is mandatory. In the event of false declarations or omissions, the consequences for You may be the nullity of Your contract or the reduction of the indemnities paid.

You have the right to access, rectify, delete and Your data, a right of portability of Your data, as well as a right of limitation and opposition to processing. You may exercise Your rights by sending an email to psainsurance-privacy@mpsa.com or by mail to Data Protection Officer, PSA Insurance, 53, MIB House, Abate Rigord Street, Ta Xbiex, XBX1122.

You also have the right to lodge a complaint with the competent national supervisory authority.

 
The conclusion of the Insurance Policy on the website www.psa-insurance-solutions.it represents the supply of a service consisting of a remote insurance transaction [3].
 
A service consisting of a remote insurance transaction is said to have been supplied whenever insurance transactions are supplied to an Insured, who is a natural person not acting in any commercial or professional capacity, as part of a system for remote selling or provision of services organised by the Insurer or insurance intermediary who, for this particular Policy, uses remote communication technology only, and this up until, and inclusive of, the conclusion of the Policy.
 
This Policy was purchased on PSA Insurance Solutions Ltd. website following Your review and acknowledgement of all the necessary pre-contractual information.
 
By choosing to purchase the Policy online, You agree to use electronic means for the conclusion and maintenance of Your Insurance Policy [4].
 
To connect to My Account, You must use the user name that You selected and Your password. It is up to You to ensure that this information remains confidential and to safeguard the security of Your Account. To do so, You must keep this information confidential, log off after every session and change Your password regularly.
 
Furthermore, by agreeing to an electronic relationship, You have expressly agreed to receiving correspondence from Us by email. The email address that You gave may be used for the dispatch of such emails. Thus, You undertake: (i) in case You change Your email address, to inform us as soon as possible by changing Your personal contact details in Your Customer Area; (ii) to regularly check the messages sent to this email address.
 
We shall moreover maintain the electronic documents for the entire statutory document maintenance period. You may therefore, during this period, ask us to forward these documents in electronic format to You by contacting our services customerservices-it@mpsa.com.
 
Documentary evidence agreement
 
Pursuant to the regulations in force, We would like to inform the Insured that clicking on VALIDATE and on "ACCEPT and SUBSCRIBE" is the equivalent of an electronic signature.
 
You hereby acknowledge:
 
  • that the receipt of Your Policy in an electronic mail sent to the email address that You have provided, indicating the fact that Your Policy was signed electronically, and have been made available in Your My Account is the equivalent of the submission of the said documents.
  • that the fact that the documents are downloadable in PDF format and printable means that the character of the medium thus communicated meets the criteria of integrity and durability as required by law;
  • that the identification resulting from the declaration of Your identity, address and email address equates to identification [5].
  • that in case of any dispute, the data transmitted by You and the electronic certificates and signatures or exploitation of the log used in the context of the digital services are admissible to the courts and will provide evidence of the data and facts that they contain and of the signatures and authentication procedures expressed by them;
  • that in case of any dispute, the time stamps or exploitation of the log are admissible to the courts and provide evidence of the data and facts that they contain. Evidence of the connections made by You and of other elements of identification or actions taken by You will be established as and when necessary with the aid of the connection logs kept by the Agent and of the computer records retained for such purposes.

You hereby expressly acknowledge the fact that by having clicked on the buttons “VALIDATE” and on "ACCEPT and SUBSCRIBE":

  • You provide Your consent to the contents of Your Policy;
  • You confer the same legal value to Your Policy, as a document written and signed by hand [6].
 
[1] In accordance with article 1898 of Italian Civil Code.
[2]In accordance with Article 2952 comma 2 Italian Civil Code.
[3] Pursuant to the Consumer Code (Legislative Decree n. 206/2005), as modified by article 9 of Legislative Decree n. 221/2007.
[4] In accordance with the Legislative Decree n. 70/2003 concerning the Services of the Information Society and Electronic Commerce.
[5] In accordance with the Legislative Decree n. 70/2003 concerning the Services of the Information Society and Electronic Commerce.
[6] I In accordance with the Legislative Decree n. 70/2003 concerning the Services of the Information Society and Electronic Commerce.
IT2YCOMP01 
© PSA Insurance Solutions
PSA Insurance Solutions Ltd Reg No: C83206 is a limited liability company under Maltese Law, having its registered address at: MIB building 53 Abate Rigord Street Ta’ Xbiex Malta, Tel + 356 22 58 34 92. The company is enrolled to act as an insurance agent in terms of the Insurance Intermediaries Act, 2006 by the Malta Financial Services Authority (MFSA), Notabile Road, Attard BKR 3000, Malta.
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