General contract

GENERAL CONTRACT

of voluntary accident insurance of a transport driver

in transit movement of goods, customs payments for which are secured by financial guarantees of

an independent financial intermediary

№ 01 НВ/2020

 

City of Kyiv June 4th, 2020

 

Private Joint Stock Company VELTA, hereinafter referred to as the “Insurer”, duly represented by the Acting Head of the Board Balakina Ganna Anatoliivna, acting under the Articles of Association, as the First Party, and

            Unlimited Partnership Velta F. I. I. G. «Garant-Service» , hereinafter referred to as the “Insurant”, duly represented by the Director General Pisnoi Pavlo Yakovych, acting under the Memorandum of Association, as the Second Party, have entered into this General Contract of Voluntary Accident Insurance of a Transport Driver in Transit Movement of Goods, Customs Payments for Which are Secured by Financial Guarantees of an Independent Financial Intermediary, hereinafter referred to as the “Contract”, as follows:

 

  1. GENEREAL PROVISIONS

1.1. This Contract is concluded according to the Laws of Ukraine “On Insurance”, “On Financial Services and State Regulation of Financial Services Markets”, Rules of Voluntary Accident Insurance, registered by the National Commission for State Regulation of Financial Services Markets of Ukraine on March 13th, 2007, registration number 0270546б as amended (hereinafter referred to as the “Rules”).

1.2. The Contract specifies main principles of relationships between the Parties related to accidents of transport drivers (the “Insured”) in transit movement of goods, customs payments for which are secured by financial guarantees of an independent financial intermediary.

1.3. The Insurant enters into insurance contracts on the terms and pursuant to the conditions set out in the Contract on that party’s behalf and at the account of legal entities or natural person-entrepreneurs conducting transit carriage of goods by motor vehicles, customs payments for which are secured by financial guarantees of an independent financial intermediary, under commission agreements (contracts) signed with these entities/persons. The scope of coverage under the Contract is applied to all the Insured persons entered into the register (its form is set out in Addendum 1) by the Insurant, who has to submit it to the Insurer by the 10th day of every month after a reporting month.

1.4. The Insurer undertakes an obligation to pay out insurance indemnity under the Contract in case of the occurrence of an insured event, and the Insurant undertakes an obligation to pay out an insurance premium to the Insurer and execute other terms and conditions specified in the Contract and the Rules.

 

  1. SUBJECT MATTER OF THE CONTRACT

2.1. The subject matter of the Contract is proprietary interests, not contradicting the law, related to life, health and working ability of the Insured specified by the Insurant with the Insured consent.

 

  1. PERILS INSURED. INSURED EVENTS

3.1. A peril insured is a probable and casual event, which causes damage to the Insured’s life, health or working ability per infortunium.

3.2. An accident is a sudden, short-term, unexpected event beyond the control of the Insured, which actually happened and caused physical damage or resulted in the impairment of health or death of the Insured, confirmed by a medical facility, namely:

3.2.1. trauma (bone fracture, except for a pathologic fracture, complete rupture of muscles, ligaments, tendons, internal injuries);

3.2.2. drowning;

3.2.3. burn, lightning burn or burn after electrocution;

3.2.4. compression;

3.2.5. cold injury, frigorism;

3.2.6. accidental acute chemical poisoning (industrial or household chemicals), pharmaceuticals poisoning;

3.2.7. animal, venomous insect, snake bites.

3.3. An insured event is an event set out herein, which happened and with occurrence of which the Insurer’s obligation to pay out insurance indemnity commences.

3.4. An insured event under the Contract are the following:

3.4.1. physical damage which caused a temporary disability of the Insured as a result of an accident;

3.4.2. death of the Insured as a direct consequence of an accident.

 

  1. INSURANCE COVERAGE, INSURANCE RATE, INSURANCE PREMIUM

4.1. The Insurer shall pay out insurance indemnity to the Insurant (the Insured) within the amount of the insurance coverage (a limit of the Insurer’s liability).

4.2. Insurance coverage is set in the sum of UAH 22, 220.00 (twenty two thousand two hundred twenty hryvnias 00 kopiikas) for one Insured.

4.3. Insurance rate under the Contract is 0.09% of the insurance coverage.

4.4. Insurance premium is UAH 20.00 (twenty hryvnias 00 kopiikas) for one Insured.

4.5. Insurance premium shall be paid within the period of 3 workdays from the moment of the register (its form is set out in Addendum 1 to the Contract) being signed by the Parties.

 

  1. INSURED EVENTS EXCLUSION AND INSURANCE LIMIT

5.1. An event which happened as a result of the following actions is not an insured event:

5.1.1. actions of the Insured who was in a state of alcoholic, narcotic or other intoxication;

5.1.2. suicide or attempted suicide of the Insured;

5.1.3. the Insured’s intentionally caused bodily harm to themselves;

5.1.4. surgical procedure.

5.2. The Insurer bears no liability in case if an insured event happened:

5.2.1. during the state of emergency, special state or state of martial law imposed by government bodies in Ukraine or its various territories;

5.2.2. during civil disturbances, revolutions, rebellions, riots, strikes, acts of terrorism, anti-terrorism operations, military actions;

5.2.3. under the influence of nuclear power;

5.2.4. beyond the scope of the Insurance Contract.

  1. DURATION

6.1. The Contract shall take effect after the Parties have signed it and is valid for an indefinite term.

6.2. The Insurer’s liability to pay out insurance indemnity incurres in case of an insured event occurrence, which happened from the moment a vehicle crossed the state border upon entering Ukraine to the moment it crosses the state border leaving Ukraine.

 

  1. GEOGRAPHICAL LIMITS

7.1. The Insurance Contract is valid within the territory of Ukraine.

 

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

8.1. The Insurer is obliged to:

8.1.1. Introduce terms and rules of insurance to the Insurant;

8.1.2. Take measures to prepare and execute necessary document to pay out insurance indemnity on time within the period of two workdays after the occurrence of an insured event becomes known.

8.1.3. Make a decision on insurance indemnity (insurance act) or refusal of insurance indemnity within the period of 3 workdays from the moment a full set of documents has been received from the Insured. The Insurer reserves the right to delay the decision (but for no more than a month) in case of complex circumstances of the insured event, whereby the Insurer shall inform the Insured (the Beneficiary) about that.

8.1.4. Incase if the decision is made to refuse insurance indemnity, the Insurer shall send the Insured (the Beneficiary) a written letter containing the justification of the refusal within the period of 2 workdays from the moment of the decision being made.

8.1.5. Pay out insurance indemnity within the period of 5 workdays from the moment of the insurance act being drafted. The Insurer is financially liable for the late indemnity payment by paying penalties in the amount of 0.01% of the sum to be paid for every day of the delay. 

8.1.6. Hold confidential the Insurant’s (the Insured’s, the Beneficiary’s) personal information, except as otherwise permitted by applicable law.

8.2. The Insurant (the Insured) is obliged to:

8.2.1.Pay insurance premium on time.

8.2.2. Provide the Insurer with information about all the circumstances the Party has knowledge of, if they are relevant and material for the conclusion of the insurance contract, and further inform the Insurer about any change in the insurance risk.

8.2.3. Take measure for prevention and reduction of loss, resulted from the occurrence of an insured event.

8.2.4. Inform the Insurer about the occurrence of an insured event at the time specified herein and submit documents necessary to make a decision on insurance indemnity.

8.3. The Insurer has the right to:

8.3.1. Make inquiries about information related to an insured event, to law enforcement agencies, banks, medical facilities and other establishments, institutions and organisations which may have information about the circumstances of an insured event, moreover the Insurer can independently investigate the cause and circumstances of an insured event.

8.3.2. Verify both information submitted and fulfillment of insurance conditions in a lawful manner.

8.3.3. Request and receive from the Insured original copies and copies of documents concerning an insured event and insurance indemnity payment.

8.3.4. In case if there are doubts about the reasonableness of insurance indemnity payout, delay it until the confirmation or disproof of such reasons by relevant authorities is received.

8.3.5. Refuse to pay out insurance indemnity:

8.3.5.1. if the Insured refused to undergo a medical check;

8.3.5.2. if the Insured have received  respective reimbursement of expenses or payment related to an insured event from any legal entity or natural person, including the entity or person guilty of causing it;

8.3.5.3. in other cases specified herein and under the current legislation of Ukraine.

8.4. The Insurant (Insured) has the right to:

8.4.1. In case of the occurrence of an insured event to receive an insurance indemnity within the limit of insurance coverage.

8.4.2. In case of the Insured’s death, appoint any other person to receive insurance indemnity (the Beneficiary).

 

  1. PAYMENT PROCEDURE

9.1. Settlement between the Parties for the accident insurance of a transport driver in transit movement of goods, customs payments for which are secured by financial guarantees of an independent financial intermediary shall be made in non-cash form in the national currency of Ukraine.

 

  1. PROCEDURE FOR CONTRACT CHANGE AND TERMINATION

10.1. Any amendments to the Contract may be executed only upon a written mutual agreement of the Parties.

10.2. Any amendments to the Contracts shall be legalized as a Supplementary Contract, which becomes an integral part since being signed or from the date specified in such Supplementary Contract.

10.3. The Contract shall be considered terminated in case of:

- liquidation of either the Insurer or the Insurant under the statutory procedure;

- judicial decision to invalidate the Contract;

- in other cases under the current legislation of Ukraine.

10.4. The Insurer’s liability to the Insured (the Beneficiary) shall be deemed terminated in case of:

- the Insurant’s failure to pay insurance premium under the procedure specified herein;

- the Insurer’s full fulfillment of the Party’s liabilities to the Insured (the Beneficiary).

10.5. The Contract may be terminated if the Parties so agree. If any of the Parties has an intention to terminate the Contract, such Party shall inform another Party about that 30 (thirty) calendar days prior to the Contract termination date.

10.6. In case of the Contract termination at the request of the Insurant, the Insurer shall pay back the insurance premium for the period left to the Contract termination with disbursement of standard administrative expenses, which were specified in the calculations of insurance rate, actual insurance coverage payment made under this Insurance Contract. If the Insurant’s request is conditioned upon the non-fulfilment of the Contract by the Insurer, in this case the later shall pay the Insurant back all insurance premiums in full.

10.7. In case of the Contract termination at the request of the Insurer, the Insurant shall be paid back insurance premium in full.  If the Insurer’s request is conditioned upon the non-fulfilment of the Contract by the Insurant, in this case the Insurer shall pay the Insurant back the insurance premium for the period left to the Contract termination with disbursement of standard administrative expenses, which were specified in the calculations of insurance rate, actual insurance coverage payment made under this Insurance Contract.

10.8. The termination of the Contract does not relieve any Party from the fulfilment of their liabilities and obligations to the Insured (the Beneficiary), which have occurred during its validity period.

 

  1. ACTIONS OF THE INSURED IN CASE OF THE INSURED EVENT OCCURRENCE

11.1. In case of the occurrence of an event bearing the attributes of an insured one, the Insured shall do the following personally or by proxy:

11.1.1. to inform the Insurer by means of a letter, electronic or telephone communications within the period of 2 workdays; the contact details are the following

46/2 Moskovska Str.,City of Kyiv, 01015

e-mail: balakina@velta.kiev.ua;

Tel. +38 044 254-48-50 (254-40-05);

providing the following information:

11.1.1.1. surname and name of the Insured;

11.1.1.2. location and contact telephone number of the Insured;

11.1.1.3. reason for contacting the Insurer, providing full and credible information about the circumstances of an event bearing the attributes of an insured one.

The Insurer records a telephone Claim of the Insured about the event and insurance indemnity according to the information received from the Insured in the course of the telephone conversation, which is considered to be a written message from the Insured.

11.1.2. depending on an insured event, to submit to the Insurer all necessary documents proving its occurrence and enabling the Insurer to make a decision on insurance indemnity, namely:

11.1.2.1. insurance claim;

11.1.2.2. accident report or a document by competent authorities confirming the fact of the accident;

11.1.2.3. health certificate from a medical facility which established the fact of the Insured’s impairment of health;

11.1.2.4. copy of a death certificate (in case of the Insured’s death as a consequence of an insured event occurrence):

11.1.2.5. document confirming the Insured’s (the Beneficiary’s) identity.

11.1.3. If required, the Insurer has the right to request from the Insured other documents related to the decision on paying out insurance indemnity and assessment of its amount. 

 

  1. INSURANCE INDEMNITY

12.1. Insurance indemnity shall be paid out by the Insurer on the basis of a written claim from the Insurer or Beneficiary in case of death of the Insured as a consequence of an accident and insurance act within the period of 5 workdays after the insurance act being drafted.

12.2. The Insurer shall pay out indemnity in the following amount:

12.2.1. in case of death of the Insured as a consequence of an accident – 100 per cent of insurance coverage;

12.2.2. in case of a temporary disability for every day– 0.2 per cent of insurance coverage, but no more than 50 percent of insurance coverage.

12.3. Reasons for refusal in insurance indemnity are the following:

12.3.1. intentional actions of the Insured, which caused the occurrence of an insured event. The aforementioned norm shall not apply to actions related to fulfilling civil or official duties; in the state of justifiable defense (without exceeding its limit) or defense of property, life, health, dignity and business reputation. The Insured is qualified under the current legislation of Ukraine;

12.3.2. the Insured committing an intentional crime which caused the occurrence of an insured event;

12.3.3. the Insured providing knowingly false information on the subject matter of the Insurance Contract or the fact of the insured event occurrence;

12.3.4. the Insured untimely informing about the occurrence of an insured event without due cause or creating obstacles to establish the circumstances, nature and extent of damage;

12.3.5. other cases under the current legislation of Ukraine.

12.4. The decision to refuse to pay the insurance indemnity may be made by the Insurer within the period of 3 workdays from the moment a full set of document from the Insured has been received; the Insured shall be informed about the decision in a written form providing the refusal in payout.

The Insurer’s refusal to pay indemnity may be appealed in court.

 

  1. DISPUTE SETTLEMENT PROCEDURE

13.1. All disputes which may arise between the Parties shall be settled through negotiation; in case agreement cannot be reached, they shall be dealt with in a court of law in compliance with the current legislation of Ukraine

13.2. A dispute with a non-resident of Ukraine shall be referred to the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry under the Ukrainian law. The language of court proceedings shall be Ukrainian.

 

  1. FORCE-MAJEURE EVENTS

14.1. Force-majeure event under the Contract are the following:

- wars, military action, blockades;

- natural disasters (earthquake, flood, lightning strikes, hurricane, landslide), and other circumstances which meet the requirement of p. 14.2.

14.2. The Parties recognize as evidence confirming force-majeure events  a document issued by a person authorized to do so by a government authority or the Ukrainian Chamber of Commerce and Industry, certified by an officer of customs authorities or a substitutional officer in a zone within which such force-majeure events occurred.

 

  1. OTHER TERMS AND CONDITIONS

15.1. Any issues which are not specified herein shall be subject to the Rules of Insurance and current legislation of Ukraine.

15.2. By signing the Contract, the Insurant confirms that the Insurer provided the former with full information about the rendering of financial services according to p. 2 Art. 12 of the Law of Ukraine “On Insurance”, “On Financial Services and State Regulation of Financial Services Markets”.

15.3. By signing the Contract, the Insurant consents to processing the Party’s personal data with the aim of conducting insurance activities, related financial business activities and maintaining internal database. The Insurant confirms that the Party is aware of the Party’s rights as a subject of personal data as required by the Law of Ukraine “On Protection of Personal Data” № 2297-VI dated June 1st, 2010.

 

  1. BANK DETAILS AND SIGNATURES

 

THE INSURER:

THE INSURANT:

 Private Joint Stock Company VELTA,

46/2 Moskovska Str., City of Kyiv, 01015

Identification code 21559409

p/a UA02 3808 0500 0000 0000 2650 41842

in JSC Raiffeisen Bank Aval

Tel./fax (044) 254-48-50, 254-40-05 

 

 

Acting Head of the Board

 

____________________  Ganna Balakina

 Unlimited Partnership Velta F. I. I. G. «Garant-Service»

ap. 18, 40/10 Shota Rustaveli Str, City of Kyiv, 01033

Identification code 24576213

p/a UA92 3808 0500 0000 0026 0014 25057

in JSC Raiffeisen Bank Aval

Tel./fax (044) 490-71-67, 490-71-68

 

 

Director General

 

_____________________  Pavlo Pisnoi