Policy Document from June 2017 – Full Details of Insurance Cover

Policy wording

Dash Apps Limited (trading as “Fleet” have chosen to partner with AXA Insurance dac. The insurer that the contract is with is AXA Insurance dac which is established in Ireland. Irish law will apply for the purpose of this contract. The contract of Insurance is between AXA Insurance and Dash Apps Limited trading as “Fleet”. Both the Owner and the Driver must meet and agree to the Terms and Conditions of this Policy in order for cover to apply. This cover has many benefits to give both the Owner and the Driver peace of mind. However, as with all insurance contracts, there will be circumstances where cover will not apply. These are shown in this document. Please read the policy carefully.

The cover provided by this policy applies only to death, injury, loss or damage happening in or between Ireland and Northern Ireland. As long as the premium is paid we will cover death, injury, loss or damage that happens during the period of insurance as described in the following pages for the sections that are applicable.

Definitions

We, our, us – AXA Insurance dac.

Owner – The registered and legal owner/keeper of the vehicle who’s vehicle is being rented. The name that appears on the Vehicle Licensing Certificate.

Driver – The name of the person who is renting the vehicle for the period of insurance where payment has been received. The name that appears on the Rental Agreement.

You, Your – The Owner of the vehicle and/or the Driver at the time of the Rental period.

Rental Period - shall mean the period during which the Vehicle is rented by a Driver.

Period of Insurance - shall mean the period during which the Vehicle is rented by a Driver, Insurance cover is only in place during the rental period.

The owner’s car – The vehicle registration number that is being rented, specified on the rental agreement.

Deception – Where false information is used to make an unfair or unlawful gain.

Excess – The first part of any claim which the Driver has to pay to Fleet.

Market value – The amount the owner would have got for their car if the car was offered for sale.

Misrepresentation – Where a false statement of fact is made from one party to another and has the effect of inducing that party into a contract.

General conditions

AXA will only provide the insurance described in this policy if the information provided and declared is correct and complete and you or anyone claiming protection has kept to all its terms and conditions. If you do not keep to them, we may refuse to deal with your claim or reduce the amount of any claim we pay.

The owner must have a valid Live policy of Insurance in their own name covering the vehicle rented to the Driver as specified on the Car rental agreement. During the car rental period this policy cover will supersede the owner’s current Car Policy.

Handling claims against you

AXA may take over and deal with the defence or settlement of any claim in the name of the insured driver and/or owner of the vehicle.

Changes to your policy

The owner must tell us immediately about any:

  • changes to the Vehicle
  • modifications or alterations to the owners vehicle including, but not limited to, air induction kits and filters, lower suspension, change to the exhaust, engine maintenance computers or adding of body parts whether these changes were present when the owner purchased the car or not

The Driver must tell us immediately about any:

  • change in the driver’s health that may affect their ability to drive;
  • convictions, prosecutions, penalty points (or any pending) which apply to the Driver

We may charge an additional premium for these changes and we have the right to consent or decline these changes. If you are not sure whether or not certain facts are important, please ask us.

Misfuelling

The policy does not cover Loss or damage as a result of incorrectly fuelling the car by the Owner or Driver during the rental period.

Claims Procedure

In the event of a claim:

The Driver is required to report any accidents, losses, claims or potential claims to AXA on 01 892 7890 as soon as is reasonably possible.

If there is an accident, the Driver must immediately do whatever they can to protect the car and its accessories. The driver or their legal representative must give us full details by phoning the claims helpline (01 892 7890) within 48 hours, after any event which could lead to a claim under this policy. There may be circumstances where we need other details in writing. The Driver must also immediately send us any letters and documents you receive in connection with the event without replying to them.

If you know of any future prosecution, coroner’s inquest or other proceedings about any event, the driver must tell us immediately in writing.

The driver must not admit anything, or make any offer or promise about a claim, unless the Driver has our written permission.

The driver must also give us or our appointed representative any information and help we need and provide any documents we require to investigate the claim.

Claims - General conditions

The Driver must obtain names and addresses of any witnesses at the scene of the accident.

The registration and insurance details of the Owners car should be provided to any other party involved and also the Gardai if requested.

If any person is injured, the accident must be reported to the Gardai whether they attend the scene or not.

If the driver is involved in an accident with a visiting motorist, report the accident to the MotorInsurer’s Bureau of Ireland, 5 Harbourmaster Place, North Dock, Dublin 1. Telephone: (01) 6769944, Website: www.mibi.ie.

If the owner’s car is stolen, the Driver must tell us as soon as possible by phoning our claims helpline on 01 892 7890. You must also tell the Gardai.

Looking after the Owner’s car

Both the Driver and Owner of the vehicle must do all they can to prevent injury to other people and protect the car and keep it in a roadworthy condition. If you do not do this, your right to claim under your policy may be affected. You must let us examine the car at any reasonable time if we ask to do this.

You should ensure that:

  • the car is locked and security devices activated when the car is unattended.
  • all windows and sunroofs are fully closed when the car is unattended.
  • tyres on the car are within the legal requirements.
  • you put personal belongings in the boot when the car is unattended.

If AXA think someone else is at fault for a claim that we pay, we may follow up that claim in the name of anyone claiming cover under this policy to get back the payments that we make. Anyone making a claim under this policy must give us any help and information that we need.

Dispute Resolution

Any disagreement that we have with you and that we cannot settle between us may be referred to the Financial Services Ombudsman’s Bureau.

If the Financial Services Ombudsman’s Bureau will not deal with the disagreement, we may agree to refer the dispute to arbitration or mediation. The arbitrator’s decision will be final and binding.

If you wait more than a year to do this, you will be considered to have abandoned your claim and you cannot take it up again.

Loss or damage to the Owner’s car

This part only applies for comprehensive cover, or third party fire and theft cover and the damage is caused by fire or theft.

What is covered?

We will pay for:

  • loss of or damage to the owner’s car, and its accessories while in the owner’s car, up to the market value of the owner’s car;
  • the reasonable cost of protecting and removing the owner’s car to the nearest competent repairer; and
  • if the owner’s car is repaired in Ireland, the reasonable cost of delivering the owner’s car back to your address.

This will involve:

  • repairing the owner’s car in an AXA garage or
  • replacing what is lost or damaged, if the cost of repairing it would be more than it costs to replace; or
  • paying the cost of the loss or damage to you or the legal owner if we are told that your car belongs to someone else.

A maximum limit of €200 will operate for all fees connected with towage and storage of the owner’s car provided you notify us of any accident or loss within 48 hours. If the Driver notifies us after 48 hours, we will determine the amount we deem reasonable to pay you for these fees.

If the owner’s car is stolen and is not found or, after it is found is not worth repairing, we will pay the owner the market value of the owner’s car, including accessories and spare parts at the time they are lost, stolen or damaged. If the owner’s car is stolen and you become aware that it has been found you must tell us immediately even if your claim has already been settled.

We may choose to repair the owner’s car with recycled parts, where appropriate.

We may use parts that have not been made by the car’s manufacturer, but they will beof a similar standard. If any lost or damaged parts are no longer available, we will pay an amount equal to the cost shown in the manufacturer’s latest price guide, together with reasonable fitting costs.

The owner’s car must be repaired by one of AXA’s garages after an accident, fire or theft.

Fire Brigade Charges

We will pay charges from a local authority (in line with the Fire Services Act 1981) for putting out a fire in the owner’s car if the fire gives rise to a valid claim under the policy, or for removing the driver or passengers from the owner’s car using cutting equipment. The most that we will pay for any one claim is €1,000

Salvage (if the owner’s car is written off)

We will settle your claim by replacing the owner’s car or by paying the market value (or purchase price of the owner’s car whichever is the lower) of the owner’s car before it was damaged. As part of settling your claim, the owner’s car will become our property and you must send us the vehicle licensing document and keys.

We will be entitled to take possession of and dispose of your damaged car, at any time during the course of a claim. If we know that the owner’s car is covered by a hire purchase or contract-hire agreement, we will pay any claim to the owner described in the agreement.

What is not covered?

Excess

The Driver will have to pay the excess of €500 to Fleet for any claim covered under this section. The Driver will not have to pay an excess if the loss or damage is caused by fire, lightning,explosion, theft or attempted theft.

You are also not covered for the following:
  • Loss of use or any other resulting loss.
  • Reduction in the owner’s car’s value because it has been repaired.
  • Wear and tear.
  • Mechanical or electrical failure, breakdowns or breakages.
  • The cost of hiring another car.
  • The cost of any repair or replacement which improves the owner’s car beyond the condition it was in before the loss or damage took place. in an accident.
  • Loss, destruction or damage caused directly by pressure waves from aircraft and other flying objects travelling at or above the speed of sound.
  • Loss or damage caused by theft or attempted theft if the car was taken by a member of your family or household or taken by an employee or ex-employee of the owner of the car unless you can provide us with written confirmation of notifying Gardai of the theft
  • Loss or damage to the owner’s car’s navigation system or other computer or electronically controlled equipment caused by it failing to recognise any date as the true calendar date.
  • Loss or damage caused by theft or attempted theft if the keys (or keyless entry system) are left unsecured or left in or on an unattended car
  • Loss or damage from using the owner’s car in a rally, competition, trial or on any race track, circuit or other prepared course.
  • Loss or damage as a result of incorrectly fuelling the owner’s car or from the use of sub-standard or contaminated fuel, lubricant or parts
  • The cost of importing parts or accessories for the owner’s car from outside the European Union.
  • The extra cost of parts or accessories above the price of similar parts and accessories received from the manufacturer’s European representatives.
  • We will not pay for more than 5% or €650 of the value of the owner’s car (whichever is the lesser) unless the equipment was fitted by the Manufacturer or Authorised Dealer as original equipment in accordance with their standard specification for the vehicle. This includes radios, car phones, audio or similar equipment.
  • The VAT (value added tax) on any repair or replacement if you are registered for VAT.
  • Any taxes that you may be exempt from or entitled to claim back such as Vehicle Registration Tax (VRT) or VAT.
  • No cover for any car that has modifications.
  • No cover for any driver that has been disqualified from driving, or has failed to disclose penalty points or motoring convictions.
  • Loss or damage to your vehicle where possession is obtained by fraud, trick or false pretences.
  • Any loss or damage to the car which does not arise from an accidental, sudden or unforeseen cause.
  • Damage to the car, it’s accessories and spare parts caused by goods carried in the car.

Broken Glass

If you wish to make a glass breakage claim, The Driver must telephone 01-8927890. All claims must be verified prior to any repair/replacement work being undertaken.

We will pay the cost of repairing or replacing damaged or broken glass in the windscreen or windows of the owner’s car and the bodywork being scratched as a result of the glass breaking. The Driver will have to pay the excess of €100 to Fleet.

The Driver must use an AXA-approved repairer, cover is unlimited, subject to the exceptions below.

We will only pay you the market value of the car or the value of the broken glass, whichever is lower.

We will not pay for:

  • Any more than one claim under this section during the period of rental;
  • Damaged or broken glass in sunroofs;
  • Damage to glass roofs;
  • Damaged or broken mirror glass;
  • Damage caused by wear and tear or negligence;
  • Damage caused by you the Owner or the Driver deliberately
  • The extra cost of replacing non-standard glass; or The cost of importing glass or parts from the owner’s car for outside the EU.

Liability to others cover for the Driver

This section of the policy applies to damage or injury happening in ROI and NI unless otherwise stated.

1a Cover for the Driver

We will pay all amounts you legally have to pay as a result of negligently using the owner’s car and any trailer or caravan being towed by it, if you cause the accidental death of, or bodily injury to, any person.

We will also pay up to €30 million if you legally have to pay damages, costs and expenses as a result of negligently using the owner’s car and any trailer or caravan being towed by it if you cause accidental damage to property belonging to other people.

2b Your legally-appointed representatives

After the death of anyone insured under this policy, we will protect that person’s estate against any loss they would have had if we insured that liability under this policy.

What is not covered under this section of the policy:

  • Anyone driving the owner’s car who is disqualified from driving or has never held a driving licence, or is prevented by law from holding a licence.
  • Anyone who is insured under another policy.
  • Liability for loss of or damage to property which belongs to the Driver.
  • Damage to any vehicle other than the vehicle specified in the rental agreement being driven or used by the Driver claiming cover under this part of the policy.
  • The Driver who does not keep to the Terms and Conditions
  • If the Driver is employed in the motor trade driving the owner’s car because it is being overhauled, repaired or serviced.
  • Death or bodily injury to anyone driving or in charge of the owner’s car.

24 Hour Car Breakdown Assistance

As part of the insurance policy, breakdown assistance is included. The cover will only apply to the Owner’s vehicle registration number as specified on the Rental Agreement.

For this section ‘you’ will mean the Driver who is driving the owner’s car as part of the rental agreement. Car rescue cover only applies within Ireland.

Breakdown assistance Benefits

Roadside and Driveway assistance

We will send a trained recovery technician to help you. If repairs are possible, we will provide up to one hour’s labour to repair the owner’s car, as long as the repair is carried out at the scene.

Towing cover

If the Fleet car rental vehicle cannot be made roadworthy at the place of the breakdown and cannot be repaired the same day at a suitable local garage, We will cover the cost of towing the car to the owners Home or the owner's nominated garage as long as the tow starts and ends on the island of Ireland (excluding any islands off the coast). If the vehicle arrives at the repairers outside normal opening hours, we will cover the cost of towing it to a secure place and then on to the repairers when they open.

Passing on a message

We will pass on any relevant messages for you.

Completing the journey

If repairs to the owner’s car cannot be completed on the same day, we will reimburse costs up to €100 towards your preferred form of Continuation of Journey for you to return home or to your original intended destination within Ireland. This is arranged on a pay and claim basis.

If the owner’s car is stolen

If you the Driver are away from home and the owner’s car is stolen, we will arrange one of the benefits listed above.

We will only pay if:

  • you have contacted us using the emergency number 01-8927890.
  • for attempted theft of the owner’s car, you have reported the theft to the Gardai.
  • The owner will replace any faulty parts, including the battery, as soon as possible after discovering the fault.

Roadside Assistance - Conditions

  • The owner will be responsible for the costs of all repairs following a breakdown.
  • In the event of a burst/damaged tyre the owner will be responsible for the cost of the replacement tyre.
  • In the event of a breakdown we will contact the owner directly to confirm where the vehicle is to be recovered to.

Our right of recovery

If by law AXA have to make a payment that would not be covered under this policy, you as the driver will have to refund the amount to us.

Misrepresentation and Deception

Definitions:

  • Misrepresentation is when someone makes a false statement to another person to encourage that person to enter into a contract.
  • Deception is where false information is used to make an unfair or unlawful gain.

You must not act in a fraudulent way.

We will take the action shown below if you or anyone acting for you:

  • fails to reveal or hides a fact that is likely to influence whether or not we accept your proposal, your renewal, or any adjustment to the policy;
  • fails to reveal or hides a fact that is likely to influence the cover we provide;
  • makes a statement to us or anyone acting on our behalf, knowing the statement is not true;
  • sends us or anyone acting on our behalf a document, knowing the document is false;
  • makes a claim under the policy, knowing the claim is false or misleading; or
  • makes a claim for any loss or damage deliberately caused by you or a person covered to drive the owner’s car or with your knowledge

We may take one or more of these actions as well as our other rights:

  • We will not pay a claim.
  • We will not pay any other claim which has been or will be made under the policy.
  • We may declare the policy void (in other words, we can treat it as if it has never existed)
  • We will be entitled to recover from you the amount of any claim we have already paid or are obliged to pay by law or otherwise under the policy.
  • We will not return your premium.
  • We may let the appropriate law enforcement authorities know about the circumstances.
  • We may alter the cover or level of cover we provide.

If you commit a fraudulent act on any other policy, then we may:

  • Cancel that policy or declare it void from inception
  • Cancel that policy immediately and return any premium owed to you
  • Not pay any claims that have been or will be made under that policy
  • Be entitled to recover from you the total amount of any claim already paid under that policy including any recovery costs
  • Inform the Garda Siochana of the circumstances

General exceptions

  1. This policy does not apply when the owner’s car:

    • is being used for purposes that are not shown in your Terms and Conditions.
    • is being driven by, or in the charge of any person who is not the Driver specified in the rental agreement.
    • is being driven by the Driver and the Driver has not got a licence, or if the driver has had a licence, are disqualified from driving or getting a licence;
    • is being driven by any person other than the Driver.
    • if the Driver is towing a caravan, trailer, or other vehicle for a payment; or is in or on any part of an aerodrome, airport or airfield provided for aircraft totake off and land and for moving or parking aircraft on the ground, service roads, ground equipment parking areas and those parts of passenger terminals coming within the customs examination area.
  2. This policy does not cover anyone who does not meet the policy terms and conditions.
  3. This policy does not cover any liability which the Driver has as a result of an agreement or contract, unless you would have had that liability anyway.
  4. This policy does not provide cover for any loss of or damage to property, or any consequential loss, or legal liability directly or indirectly caused by, contributed to, by, or arising from:

    • ionising radiation or contamination by radioactivity from irradiated nuclear fuel or nuclear waste or from burning nuclear fuel; and
    • the radioactive, toxic, explosive or other dangerous properties of any explosive nuclear equipment or any part of it.
  5. This policy does not cover liability, loss, damage, cost or expense directly or indirectly caused by, resulting from or in connection with any of the following unless we have to provide cover under road traffic law:

    • War, riot, revolution or any similar event.
    • Any government, public or local authority legally taking or destroying your property.
    • Any act of terrorism including any action taken to control or prevent terrorism. We define an act of terrorism as an act which may include using or threatening force or violence by any person or group, whether acting alone or in connection with any organisation or government committed for political, religious, ideological or other purposes. This includes the intention to influence any government or to put the public or any section of the public in fear.
  6. This policy does not provide cover for any accident, injury, loss or damage caused by earthquake.
  7. Any liability, loss, damage, cost or expense directly or indirectly caused by, resulting from or in connection with losing, altering or damaging or reducing the availability of: a computer system, hardware programme, software, data-information store, microchip, integrated circuit or similar device in computer equipment or no computer equipment that results from deliberately or negligently transferring (electronic or otherwise) a computer programme that contains any damaging code including computer viruses, worms, logic bombs.
  8. This policy document issued by AXA Insurance is valid from 1st of June 2017.

Caring for you

There may be times when you feel you do not receive the service you expect from us. This is our complaints process to help you.

For a complaint about your claim, contact our claims action line on 1890 24 7 365.

If we cannot sort out your complaint, you can contact our Customer Care Department on 1890 211850 or email; or write to AXA Insurance, Customer Care Department, Freepost, Dublin 1.

If you are unhappy with the way we have dealt with your complaint, you may be able to refer to:

The Financial Services Ombudsman’s Bureau

3rd Floor

Lincoln House

Lincoln Place

Dublin 2

Lo Call: 1890 88 20 90

Fax: 01 6620890

Telephone (01) 6620899

Email: enquiries@financialombudsman.ie

Website: www.financialombudsman.ie

Our promise to you

We will reply to your complaint within five working days.

We will investigate your complaint.

We will keep you informed of progress.

We will do everything possible to sort out your complaint.

We will use feedback from you to improve our service.