232-0108_wording_compulsory-third-party-liability_pleasure-craft

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Allianz Zagreb d.d.

232-0108


                      Terms and Conditions for Compulsory Third-Party Liability Insurance
                            of Owners and/or Operators of Motor Boats or Yachts


Pursuant to Article 68 of the Act on Compulsory Insurance within the Transport Sector (Official Gazette of the
Republic of Croatia no. 151/2005), these uniform Terms and Conditions for Compulsory Third-Party Liability
Insurance of Owners and/or Operators (hereinafter: “owners”) of Motor Boats (hereinafter: “boats”) or Yachts
were adopted by the insurance companies that are members of the Croatian Insurance Bureau in the 127 th
session of the Board of Management held on 24th February 2006, and were promulgated by the Croatian
Insurance Bureau after it had received approval from the Croatian Financial Services Supervisory Agency.


                                                 General provisions

In these Terms and Conditions:

1. Insurer means the insurance company with whom the Policyholder enters into an insurance contract;
2. Policyholder means the person who enters into an insurance contract with the Insurer;
3. Insured means the person whose property interest is insured;
4. Insured event means an event which could give rise to a claim by an injured party;
5. Operator means the owner of a boat or yacht and any other natural or legal entity who actually operates the
boat or yacht with the owner’s consent;
6. Sum insured means the maximum amount of insurance cover in respect of the concerned property interest;
7. Insurance premium means the amount payable by the Policyholder under the insurance contract;
8. Insurance policy means the document representing the insurance contract;
9. Boat means a water-borne craft intended for navigation at sea other than ship or yacht, whose total power of
propulsion engines exceeds 15 kW;
10. Yacht means a water-borne pleasure craft exceeding 12 m in length and authorised for transportation of not
more than 12 passengers in addition to the crew;
11. The Act means the Act on Compulsory Insurance within the Transport Sector (Official Gazette of the Republic
of Croatia no. 151/2005).

                                                   Scope of cover
                                                      Article 1

(1) Under the insurance policy, the Insurer is obliged to indemnify the loss in accordance with relevant
regulations on compensation of liability claims if the operator, while operating the boat or yacht specified in the
policy, causes personal injury, health deterioration or death of a third party for which the operator is liable.

Third parties are not deemed to be persons who find themselves on the motor boat or yacht inflicting the loss
nor the persons on another boat, yacht, ship or any other water-borne craft who, pursuant to Article 41 of the
Act, do not fall within the scope of third parties.

(2) In addition to the operator of a boat or yacht, the insurance also covers liability for compensation of a loss
caused by the persons who, with the owner’s consent, perform their professional duties on a boat or yacht, as
well as persons who are transported by a boat or yacht.

(3) The sum insured constitutes the upper limit of the Insurer’s liability for all payments in respect of a single loss
event and is the minimum amount prescribed by law for personal injuries at the time of conclusion of the
insurance contract, unless otherwise contracted, regardless of the number of claimants.

A series of consecutive losses constitutes one insured event if such losses are due to the same cause.


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If, at the time of occurrence of a loss event, the sum insured prescribed by the competent regulatory body is
higher than is the sum insured under the insurance contract, the insurance shall be deemed to be contracted at
the higher sum insured.

                                                      Exclusions
                                                       Article 2

(1) The provisions of Article 23, paragraph 1, items 1 to 5 of the Act shall apply as appropriate.

(2) Under the Third-Party Liability Insurance of Owners of Motor Boats or Yachts, excluded are claims by:

1. the person who operated the boat or yacht which inflicted the loss, as well as claims by his/her relatives and
other natural persons or legal entities arising from death or personal injury of the person who operated the boat
or yacht in question;

2. the person who has sustained a loss as a result of:

   -   use of a boat or yacht at sports competitions aimed at achievement of maximum speed or
       maximum average speed or in trainings for such competitions;

   -   effects of nuclear energy during transportation of radioactive materials;

   -   war operations, riots or acts of terrorism in which case the insurance company must prove that
       the loss has been caused by such event.


(3) Unless specifically contracted, the insurance cover excludes claims arising from loss events occurring while a
boat or yacht is mobilised or requisitioned by a body of authority from the time of arrival to the first destination
to the time of takeover of the concerned boat or yacht.

                                                      Forfeiture
                                                       Article 3

(1) The provisions of Article 24, paragraph 1, items 1 to 6 of the Act shall apply as appropriate, in which cases the
rights of the Insured shall be forfeited.

1. Exceptionally, in the case referred to in Article 24, paragraph 1, items 2 and 3 of the Act, if the licence for
operation of a boat or yacht of the person operating the boat or yacht is not renewed upon its expiration, but,
until the date of loss event, the person has not lost the right to renewal of the licence, the concerned person
shall be deemed to be in possession of a valid licence for operation of a boat or yacht.

2. If, at the time of accident, the person operating the insured boat or yacht is under the influence of alcohol or
narcotics or psychoactive drugs or other psychoactive substances referred to in Article 24, paragraph 1, item 4 of
the Act the rights of the Insured under the insurance shall be forfeited:

a) if a blood test or any other method of measurement of alcohol level in the body of the person operating the
boat or yacht in question determines the level of alcohol in blood in excess of 0.5 g/kg or more (0.5‰ and over);

b) if he/she refuses to take a breath test in order to determine the level of intoxication.

(2) The Insured’s rights under the insurance shall be forfeited if he/she makes it possible for any person to
operate a boat or yacht under the circumstances referred to in Article 24, paragraphs 2 and 3 of the Act.

(3) The Insured’s rights under the insurance shall be forfeited if he/she allows any person to be transported by a
boat or yacht at a place that is not foreseen for transportation of persons and any claim submitted by any such


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Allianz Zagreb d.d.

person shall be invalid. However, claims by persons transported in accordance with valid regulations shall be
covered.

(4) The Insured’s rights shall not be forfeited in the cases referred to in the preceding provisions of this Article:

1. if he/she proves that the circumstances leading to the forfeiture of rights under the insurance are beyond
his/her control;

2. if he/she proves that there is no casual link between the concerned loss event and the fact that at the time of
accident the person operating the boat or yacht in question was under the influence of alcohol or narcotics or
psychoactive drugs or other psychoactive substances;

(5) The Insured whose rights under the insurance are forfeited pursuant to the preceding provisions as set out in
this Article is obliged to refund to the Insurer the paid amount which, however, shall not exceed 12 (twelve)
average net salaries as per the latest official report by the National Bureau of Statistics;

(6) If additional premium has not been paid for increased risk, the Insured’s rights under the insurance shall be
forfeited in respect of each insured event arising from such increased risk in such proportion as the paid premium
bears to the premium which should have been paid.

                                                Duties of the Insured
                                                      Article 4

(1) The Insured is obliged, as much as he/she can, to assist the Insurer in resolving the issues of liability.
Therefore, he/she shall, within three days of the day when he/she gains knowledge of a loss event, supply the
Insurer with true and detailed information about the course of accident and circumstances thereof.

(2) If a claim has been filed, a lawsuit brought, a civil-law claim lodged against the Insured or the person for
whom he/she is responsible or a proposal has been put forward for provision of evidence by the Insured or the
person for whom he/she is responsible, the Insured is obliged, within the time limit referred to in the preceding
paragraph, which starts to run as from the date of receipt of the related documents, to inform the Insurer
without delay thereof and to provide the latter with all documents contained in the respective claim.

(3) Where the lawsuit referred to in the preceding paragraph has been brought, the Insured is obliged to inform
the Insurer thereof so that the Insurer could step in the lawsuit on the Insured’s side. The Insured may leave the
conduct of the lawsuit to the Insurer.

(4) The Insured is obliged to let the Insurer process the claims and has no right to reject or, in particular, admit
them unless that would constitute an obvious injustice.

(5) The Policyholder or the Insured is obliged to confirm in writing all notices given to the Insurer, in particular
those concerning change of name, title and address.

                                                Duties of the Insurer
                                                      Article 5

(1) The Insurer is obliged to settle all valid claims within statutory time limits and make sure that the Insured is
protected against unfounded or excessive claims.

If the Insurer breaches this provision, he is obliged to compensate the loss to the Insured.

(2) The Insurer is authorised to make, on behalf of the Insured, any statement that is in his opinion necessary for
payment of any claim or for protection against unfounded or excessive claims.

                                                   Territorial limits
                                                       Article 6

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Allianz Zagreb d.d.


(1) Except as otherwise contracted, the insurance cover is provided for navigation at the territorial sea, inland
seaways and inland waterways of the Republic of Croatia.

                                     Inception and expiry of insurance cover
                                                    Article 7

(1) The Insurer’s liability under the insurance contract shall commence upon expiry of the 24 th hour of the date
which is stated in the insurance policy as the insurance inception date and shall expire on expiry of the 24th hour
of the date which is stated in the insurance policy as the expiry date, unless otherwise contracted.

                                      Determination of insurance premium
                                                   Article 8

(1) The premium under the compulsory third-party liability insurance of owners of boats or yachts shall be
determined by insurance companies on the basis of the uniform terms and conditions for third-party liability
insurance of owners of boats or yachts, as well as the rating system including uniform bases for calculation of
risk premium, which are issued by the Croatian Insurance Bureau pursuant to Article 68 of the Act on Compulsory
Insurance within the Transport Sector (Official Gazette of the Republic of Croatia no. 151/2005) subject to prior
approval by the Croatian Financial Services Supervisory Agency.

                                                Premium payment
                                                    Article 9

(1) The premium shall be paid in accordance with decisions of the Board of Management of the Croatian
Insurance Bureau.

(2) The Policyholder shall pay the first or single premium at the time of receipt of the insurance policy, and every
subsequent premium on the first day following each insurance period, except as otherwise contracted.

(3) The Policyholder shall remit the premium to the Insurer at his/her own risk and cost.

                                                 Premium return
                                                    Article 10

(1) In case that the registration of a boat or yacht is cancelled because of its destruction, disposal, withdrawal
from marine traffic (standstill) or theft, the Insurer shall at the request of the Policyholder return the unused
portion of the premium for the period from the date of destruction or theft or from the date of receipt of the
notice of cancellation of the insurance, provided that the insured event has not occurred before the date of
cancellation of the registration.

(2) In calculating the unused portion of the premium pursuant to paragraph 1 above, the rating system that was
in force on the date of conclusion of the insurance contract shall be applied.

                                       Change of owner of a boat or yacht
                                                   Article 11

(1) Where the owner or operator of the insured boat or yacht is changed in the course of the insurance period,
the rights and obligations under the liability insurance contract shall be transferred to the new owner or
operator and shall remain in force until expiry of the current insurance period.

                                                   Written form
                                                    Article 12

(1) The insurance contract shall be considered valid only if made in writing and only if these uniform Terms and
Conditions along with the insurance policy have been handed over to the Policyholder.

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(2) All communications and statements made pursuant to the insurance contract must be submitted in writing.

                                         Jurisdiction in case of dispute
                                                    Article 13

Any disputes between the Policyholder or the Insured and the Insurer shall be settled at the court of competent
jurisdiction at the place where the insurance contract is concluded.

                                                    Article 14

These Terms and Conditions shall enter into force on 1st January 2008 and shall be applied from that date.

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Instructions to claimants concerning exercise of their rights to loss compensation

The party that has sustained a loss shall submit his/her claim along with any documents supporting the basis and
the level of the loss to the insurance company at which the party responsible for the loss is insured. There is a
wrong opinion that, in the event of bodily injuries or death of persons involved in an accident at sea, the claim
should be settled in a civil action before the court. Nowadays insurance companies employ experts in various
fields – lawyers, engineers, physicians etc., so insurance companies are able to settle every, even the most
complex claim in a very short time.




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