Complete conditions of insurance

 

Conditions for Sjöassistans, (Boating assistance) March 2014 (replaces previous conditions)

What is Sjöassistans?
Sjöassistans is a safety product for the leisure craft sector. Members of Sjöassistans are, among other things, provided insurance cover. Sjöassistans must always be contacted in the event that assistance is required.

Who can become a member of Sjöassistans?
An owner of a leisure craft insured at full value intended for private use. Sjöassistans applies for a particular boat registered at the time of application for membership. The requirement for full value insurance does not apply to kayaks or canoes.

Where are you covered by Sjöassistans?
Within the Swedish maritime rescue region and in Sweden, Denmark, Finland and Norway, and their territorial waters south of the polar circle. The Baltic Sea and adjacent estuaries, bays and seas. Kattegatt and Skagerrak east of the line from Hanstholm to Lindesnes.

Sjöassistans’ responsibility
Sjöassistans will arrange contact between the boat owner and the assistance unit within the Swedish maritime rescue region. However, it is the boat owner who engages the unit to perform the service, which must be carried out within a reasonable time. ‘Reasonable time’ means the quickest possible response considering the time and position. Sjöassistans does not have any obligation to nominate an assistance unit within the area covered by Sjöassistans outside the Swedish maritime rescue region, but is responsible for expenses up to maximum limits defined in ”Sjöassistans covers and compensates” below. Sjöassistans is not responsible for property damage, personal injury or pure financial loss that may occur when providing assistance.

Sjöassistans covers and compensates
In case where the boat has rendered a nuisance owing to a sudden and unexpected occurrence:

  • Unlimited number of contacts with Sjöassistans
  • Cost for towing the boat to the nearest repair yard will be compensated up to a maximum of SEK 6,000.
  • Cost for transport of the driver and crew in the least expensive way to the starting point of the passage will be compensated up to a maximum of SEK 6,000.
  • Cost for transport of fuel, spare parts and divers out to the boat will be compensated up to a maximum of SEK 3,000.
  • Reduction of deductible (excess) when paying the compensation under ordinary boat insurance in the event of damage caused at sea, compensation will be paid up to a maximum of SEK 1,500 (the total indemnifiable loss must exceed the ordinary deductible).
  • Kayaks, canoes and the like (not sail and/or motor-powered boats), the above applies also in the event of sudden and unexpected turn in the weather, which means that the homeward journey cannot be  made without a manifest risk of personal injury.

Sjöassistans does not cover

  • Costs covered by ordinary full value insurance or supplementary insurance for the boat.
  • Damage that a supplier or someone else is responsible for according to law, warranty or similar commitment.
  • Costs that arise either in conjunction with speed competitions with motor boats.
  • Costs that arise when the boat is at its home harbour or other permanent mooring.
  • Indemnifiable loss occurrences that have not occurred during the applicable insurance period.
  • Damage that was incurred while under the influence of alcohol, drugs or other intoxicants. However, Sjöassistans applies if you can show that the damage would have been caused regardless of whether you had been under the influence.

Reduction of compensation
The compensation can be reduced or completely lapse if:

  • Sjöassistans is not contacted before rectification of the damage is started.
  • Some matter of importance has intentionally or by carelessness been improperly declared, denied or in some other way concealed, during the period or when the insurance was taken out.

Membership period
The assistance insurance applies from and including the first day following registration with Sjöassistans and 12 months afterwards.

Deductible
Sjöassistans applies without deductible (excess). Your right to terminate membership Membership can be terminated in conjunction with the expiry of the membership (applicable 12 months).

Sjöassistans’ right to terminate membership:

  • If it was taken out on incorrect grounds.
  • If you have grossly neglected your obligations in relation to Sjöassistans or if there are extraordinary reasons for termination.

Recovery
The Insurer takes over any right to demand compensation from any other party, to the same extent as compensation has been paid.

Time limit
You will lose your right to compensation if you do not bring proceedings against the Insurer within three years from when you learned that a claim could be asserted and in any event within ten years from when the claim could have been made at the earliest. If you have presented a claim for compensation to the Insurer within the time specified, you will always have six months in which to institute proceedings against us from the date we have decided on a final position concerning the claims for compensation.

Insurance Contracts Act
The Insurance Contracts Act and Swedish law shall apply when applying and interpreting these conditions.

Membership details
If you have not advised otherwise, Sjöassistans is entitled to for its own use and in collaboration with partners use membership details for marketing purposes.

If you are in need of Sjöassistans
Call us on telephone: +46 8 506 62202, or call on VHF. Costs for towing, home transport or deductible must be reported without delay, though within six months after the date of the occurrence:

Sjöassistans/Moderna Försäkringar Sak AB
Box 7830
103 98 Stockholm
Tel.: +46 (0)8-56 200 600
E-mail: sjoassistans@modernaforsakringar.se

Appeals against decisions on claims
The following can assist with the review of an individual claims case:

Sjöassistans Skadekommittén c/o Moderna Försäkringar Sak AB
Box 7830
103 98 Stockholm
Tel.: +46 (0)8 – 56 200 680
E-mail: sjoassistans@modernaforsakringar.se

The Swedish National Board for Consumer Complaints (ARN)
Box 174
101 23 Stockholm
Tel.: +46 (0)8 – 783 17 00

General court. Disputes can be considered by a general court even if any of the above-mentioned instances has been contacted.

Insurer
Moderna Försäkringar Sak AB, corporate ID number 516406-0070. Board based in Stockholm.