Definitions
In this Client Terms of Business agreement, "we", "us" and "our" refers to Sky Insurance Services Group Limited, and "my", "you", "your", "their" and "company" shall mean "you", the Website User and Self Drive Hire Operator.
Customers can arrange their own fully comprehensive insurance policy to cover the hire vehicle for the duration of the hire period. Evidence of policy will be required upon arrival before the vehicle is released.
Accounting
Payment of premiums is the responsibility of the company and your account must be in credit before any cover is agreed and accepted. This can be paid directly by debit/credit card via the secure Internet payment facility on our Website. Electronic payment transfer methods (BACS, CHAPS) are also available - details on request. There will from time to time be a scale of charges for our services; these are detailed in our Keyfacts document and on the Website. We will also communicate this by electronic means. There will be a site service charge debited to your account for each complete month where your account remains inactive, this is currently £10.00. After 90 days, your account will be placed in a suspend mode. This can be re-instated by contacting our support team. We reserve the right to close your account following continuous inactivity 14 days after having served notice of our intentions. You may close your trading arrangement with Insurecarhire at any time by giving notice in writing to us by either email or in writing to our office address. There is a £25.00 charge made to cover our administration costs and this will be deducted from any credit balance held on your account. Any residue will be credited back to the payment card last used.
We act as your agent for the purposes of receiving and holding premiums and all other monies due to us that are received from Insureds and for receiving and holding premium refunds prior to remittance to Insureds or former Insureds who are so entitled. We will ensure that all premiums are banked on the next working day following receipt, and that refunds are issued to Insureds or former Insureds on the next working day following receipt. All payments received from you shall be deemed to have been paid when these become cleared funds.
All premiums including IPT, received from you pursuant to this Agreement shall be held by us as agent in trust for and on behalf of Insurers and shall be kept in a statutory trust client account, at an authorised UK clearing bank. We will be entitled to retain any interest from the Account, arising from us holding your funds. Refunds will be credited back to your insurecarhire trading account electronically.
Amendment to Terms
We may amend the Terms of this Agreement at any time by giving you seven days notice in writing, either by post or electronically. Using our Website after this date, confirms your acceptance of any change in terms and conditions.
Cash Transactions
It is a condition of the insurance cover provided that no cash payments are accepted for any hire. Only credit/debit card transactions are acceptable as a method of payment in the case of individual hirers. Failure to observe this insurance requirement will result in a claim being refused by the Insurers.
Claims Reporting
All claims are reported online using the Claims section on the Insurecarhire Website as soon as possible and in any event no later than 24 hours of the vehicle being returned by the hirer. The completed claim form is then sent to your Insurers for validation. Failure to submit a report for any incident within this timescale will result in the excess shown on the cover note being doubled if an own damage claim is later submitted. You are to fax a copy of the hirer’s driving licence & photocard, completed booking form/vehicle condition report/rental agreement, evidence of payment and proof of identity to us. It is a condition of your insurance policy that all incidents are reported even if your hirer is not at fault, or that you decide that you are not going to make a claim so that we can protect your interests from any claim made against you or your hirer.
If your hirer(s) are involved in an accident (in the UK or abroad), other UK insurers, the Motor Insurers’ Bureau and MIIC may search the MID to get relevant information. People with a valid claim relating to a road traffic accident (including people who live in other countries) may also get relevant information from the MID. You must tell us about any incident (e.g. accident, fire or theft) whether a claim is likely to result or not. When you tell us about such an incident, information relating to it will be passed to the registers, which your insurers and others have in place, which allows them to detect fraudulent applications and claims. Insurers may search these databases when you apply for insurance, or in the event of an incident or claim.
Complaints Procedure
Our aim is to provide the best possible service to our clients at all times. In the unlikely event that you should wish to complain, please submit your complaint in writing or telephone us on 01707 624 780. We will reply to your complaint within 5 days of receipt of your letter or your telephone call. Please address any correspondence in relation to a complaint to the ICH Customer Services Manager, Sky Insurance Services Group Ltd, 48b The Broadway, Darkes Lane, Potters Bar, Hertfordshire, EN6 2HW
If we cannot settle your complaint with us, you may be entitled to refer it to the Financial Ombudsman Service.
We are covered by the Financial Services Compensation Scheme (FSCS). You may be entitled to compensation from the scheme in the unlikely event we cannot meet our obligations to you. This depends on the type of insurance and circumstances of the claim. Further information about the compensation arrangements is available from the FSCS (www.fscs.org.uk).
Copyright
This Website is operated by Sky Insurance Services Group Ltd. Rights in the designs, pictures, logos, photographs and content of this site are owned by or licensed to us and they are protected by copyright, trademarks and other intellectual property rights. You acknowledge that the copyright in this Website belongs to Sky Insurance Services Group Ltd; accordingly, this Website (and its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner.
Credit Reference, Fraud Prevention, and Detection
In order to prevent or detect fraud, we draw attention in accordance with the Data Protection Legislation the fact that we may at any time record or monitor telephone calls for the purpose of detecting fraud and deception. We may make searches about you with Credit Reference agencies to verify your identity. These agencies will record details of the search whether or not we approve your application. If you or anyone acting on your behalf gives us false or inaccurate information and we suspect fraud, your account will be placed in suspension, alternatively, all benefits under your policy will become void and your account terminated. The information describing your insurance cover will be added to the Motor Insurance Database (MID), run by the Motor Insurers Information Centre (MIIC) for each hire where the duration is greater than 14 days. The Police may use MID to find out who is insured to drive the vehicle.
We may share information about you with other companies within our Group and those providing services to us and may check your details with fraud prevention agencies and databases. If you give us false or inaccurate information or we suspect fraud, we will record this. All telephone calls relating to applications and claims may be recorded and the recordings used for fraud prevention, training and quality control purposes. We and other organisations may also use and search these agencies and databases to help make decisions about the provision and administration of insurance, credit and related services for you. Also, to trace debtors, recover debt, prevent fraud, manage your accounts and insurance policies, check your identity to prevent money laundering, unless you furnish us with other satisfactory proof of identity and undertake credit searches and additional fraud searches. If you would like more information about this Notice, please refer to the details in your insurance policy document; or the Office of the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Tel: 01625524510. Subject to the provisions of the Data Protection Act 1998, you are entitled, on payment of a small fee, to receive a copy of the information we hold about you.
Data Protection Notification
For the purpose of the Data Protection Act 1998, the Data Controller in relation to the personal data you supply is Sky Insurance Services Group Ltd.
The proposal form contains important information relating to the details you provide. Our Data Protection Notice for Hirers should also be shown to anyone else that is to be insured under the policy.
Information you provide about yourself and others will be used for insurance administration, and may be checked with a credit reference agency. We add your details to various databases. Several organisations including the Police and other insurers may check the information you provide.
By providing personal data about yourself and others, you confirm that you are authorised to give consent for the personal data to be used in this way. You understand that we may use the information supplied and our agents to promote by post, telephone, facsimile, e-mail, text messages, or other means products and services that may be of interest.
Your information may also be used for these purposes after your policy has lapsed. By providing us with your contact details, you consent to being contacted by these methods for these purposes. If you do not wish your information to be used for marketing purposes, please write to the ICH Customer Services Manager, Sky Insurance Services Group Ltd, 48b The Broadway, Darkes Lane, Potters Bar, Hertfordshire, EN6 2HW
Demands and Needs Statement
Insurecarhire is typically suitable for those Self-drive Hire & Credit-Hire operators who wish to arrange self-drive hire motor insurance cover on a temporary basis of between 1-28 days at a time. You may already possess alternative insurance(s) for some or all of the features and benefits provided by this product - it is your responsibility to investigate this. Sky Insurance has not provided you with any recommendation or advice about whether this product fulfils your specific insurance requirements.
Enforceability
In the event that any portion of this agreement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.
Force Majeure
Neither party shall be liable or deemed to be in default for any delay or failure in performance under this agreement, if such delay or failure is caused by conditions beyond its control, including but not limited to Acts of God, war insurrection and/or any other cause beyond the reasonable control of the party whose performance is affected.
Governing Law
These terms and conditions are directed at United Kingdom businesses and shall be governed by, and construed in accordance with English Law. Any disputes arising from this site shall be dealt with by the English courts. No representations are made as to whether the information is applicable or available in any other country that may have access to it.
Links to other Websites
We may provide links to third party Websites and Websites operated by organisations who have agreed to provide services for the benefit of our customers. Whilst we try to select the most appropriate organisations to provide these services, we do not however control the content of any external Website and cannot accept liability for the contents, product offerings or the availability of any linked Websites.
Non-party Disclosure
In the event that we are required to enter into any form of correspondence as a direct result of there being an incident involving a vehicle whereby insurance cover has not been provided through the insurecarhire Website, we reserve the right to make an adminstration charge of £25.00 on each occasion that we are required to provide information to a third party. This charge will be levied and not limited solely to Third Party claimants or their representatives and will also include any law enforcement authorities or agencies.
Password Protection
Password access to our Website is your responsibility and the company to transact business on your behalf and given to any person using them. Should you need these to be changed at any time, please contact us. A separate site access password must be issued for each member of staff who you require to be permitted to access your account.
Rights of Third Parties
A person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement. This clause shall not affect any right or remedy of a third party, which exists or is available apart from that Act.
Site Availability
Sky Insurance Services Group Ltd is not liable for any damages or losses resulting from your inability to use our Website. We cannot promise that the site will be uninterrupted or entirely error free. Because of the nature of the Internet, our Website is provided on an "as available" basis.
Your Obligations
You should answer all questions to the best of your knowledge and belief. If you are not sure of any answers, then you should disclose any information you think might be important. If the answers are incorrect, you may have no insurance cover or additional premiums could be payable, which we reserve the right to collect.
If you decide not to make use of the system generated rental agreement and proposal form, and use your own documentation, please arrange for a copy of same to be sent us for Insurer’s approval. A confirmation letter will be issued once approval has been received giving you the authority to use your own forms. Failure to seek such approval could invalidate the insurance.
It is the responsibility of the company and not us to ensure that insurance cover has been issued at all times, and that the rate charged is agreed. We may change the insurance rates and/ or terms at any given time subject to serving seven days notice to the company. We are not responsible for any breach of Contract and/or negligent act by the company, their servants their agents or their customers.
It is agreed and understood that any insurance cover arranged through us only covers the vehicle whilst on hire and only where a cover note has been issued, and that the company has arranged suitable annual insurance cover whilst the vehicles are not on hire. A copy of the annual certificate of insurance is to be forwarded to us within 14 days of your account being opened. At each renewal you are to supply us with an updated copy of your insurance certificate/s. You must ensure that your client who wishes to obtain insurance cover receives information concerning our policies in accordance with the requirements of the Financial Services Authority.
Where the initial cover agreement is due to expire, the onus is on the company for any extension of cover required before the expiry as there is no automatic extension of the insurance provided. No cover is permitted for any Directors, Principals, or employees of the company without written permission. Wrongful conversion, improper use, theft of the vehicle or its contents by the company or any other nominated driver is also excluded.
We always reserve the right to decline any proposal or vary terms of acceptance. If you are in doubt about a particular fact(s) being material to your Insurers, you should disclose it/them. Failure to disclose all material information could result in the insurance being voided from inception. It is accepted that in this event you would still be liable for any charges incurred in acting on your behalf. You must keep a copy of all proposal forms, rental agreements, vehicle condition reports and information supplied by the hirer/s for a period of three years from the expiry date of hire. A copy of the insurance policy document is available from our Website together with a summary of cover.
Website Enhancements
We may change this Website and/or its contents at any time and without giving prior notice. Last updated 6th April 2016.
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