Complete conditions of insurance

Sjöassistans – Insurance Conditions 2020-03-01. (Replaces previous conditions.)

The insurance is a compulsory group insurance that is covered by the insurance terms below. Nordic Maritime Services Stockholm AB (NMSS) has, as a group representative, entered into a group agreement with the insurer W. R. Berkley Insurance AG, Svensk Filial. Through the group agreement, all NMSS customers who are members of Sjöassistans are covered by the insurance in accordance with the insurance terms below.

1.What is Sjöassistans

Sjöassistans is a safety product for the leisure boat sector. Members of Sjöassistans are covered, among other things, by an insurance cover. If assistance is needed, Sjöassistans should always be contacted.

2. Who can join the Sjöassistans

Owner of a fully insured leisure boat intended for private use. Sjöassistans applies to the specific boat registered in conjunction with the application for a membership. The requirement for full insurance does not apply to a kayak or canoe.

3.Where Sjöassistans applies

Sjöassistans apply in the Swedish maritime rescue region and in Sweden, Denmark, Finland, and Norway and the territorial waters of these countries south of the Arctic Circle. Sjöassistans also applies in the Baltic Sea with adjacent bays and the seas Kattegatt and Skagerack east of the Hanstholm-Lindesnes line. All you have to do is contact Sjöassistans, and we will organize assistance in any of these additional areas.

4.Sjöassistans responsibility

Sjöassistans mediates contact between the boat owner and the assistance unit within the Swedish maritime rescue region. However, it is the boat owner who instructs the unit to perform the service, which must be done within a reasonable time. Reasonable time means the fastest possible effort with regard to time and position.

Within Sjöassistans validity area outside the Swedish Maritime Rescue Region, Sjöassistans does not have the obligation to provide assistance but is responsible for compensation up to the maximum amounts as shown below.

5.Sjöassistans include and replace

5.1 In case of unusable boat due to sudden and unforeseen event:

• Unlimited number of contacts with Sjöassistans
• The cost of towing the boat to the nearest repairer is compensated by a maximum of SEK 8,000.
• The cost of transporting drivers and crew in the cheapest way to the starting point of the trip is compensated by a maximum of SEK 6,000.
• The cost of transporting fuel, spare parts and divers out to the boat is reimbursed by a maximum of SEK 3,000.
• For kayaks, canoes and the like (not sailing and / or motorized boat), the above also applies in the event of sudden and unforeseen weather changes, which means that home travel cannot be carried out without obvious risk of personal injury.
  • For membership Redo Kombo
• In addition to what is stated in 5.1, a deductible for payments from your ordinary boat insurance in the event of sea damage is also covered. Compensation is paid to a maximum of SEK 1,500. The compensated amount must exceed the original deductible.

6.Sjöassistans do not replace

• Costs covered by regular full insurance or supplementary insurance for the boat.
• Damage for which the supplier or other person is liable under law, guarantee or similar undertaking.
• Costs incurred in connection with high-speed competition by motorboat.
• Costs incurred when a boat is at home or other permanent mooring location.
• Indemnifiable damage events as a result of circumstances that were already known before the insurance started to apply.
• Damage that has occurred under the influence of alcohol, drugs or other intoxicants. However, Sjöassistans applies if you can show that the damage occurred regardless of your being under the influence.
• Costs as a result of the insured intentionally causing the damage or through gross negligence.
• Sjöassistans is not responsible for material, personal or property damage arising in connection with assistance.

7.Safety regulations and requirements of care

7.1 The insured shall ensure that:

• Sjöassistans has been contacted before assistance of damage is started.
• The vehicle / recreational boat is not driven by drivers under the influence of alcohol, drugs or other intoxicants
• Provide accurate information and do not intentionally, or through negligence, withhold or otherwise conceal information of significance during the insurance period and at the start of the membership.

7.2 Reduced or missing compensation

Failure to comply with safety regulations and care requirements may result in reduced or no compensation.

8.Force majeure

The insurer is not liable for any loss that may occur if damage investigation, payment of compensation or recovery of damaged property is delayed due to:

• war, warlike event, civil war, revolution, rebellion or riot
• market conflicts
• confiscation or nationalization
• requisition, destruction or damage to property by order from government or authority.

The reservation regarding labor market conflict applies even if the insurer has taken or is the subject of conflict measures.

9.Membership period

The assistance insurance applies from the first day after registration with Sjöassistans or completed online payment on www.sjoassistans.se and for 12 months, on the condition that invoiced membership fees are paid within the prescribed time. In good time before the due date you will receive a renewal offer by mail.

10.Deductible

Sjöassistans applies without deductible (excess).

11.Your right to terminate membership

Membership can be terminated in conjunction with the expiry of the membership (applicable 12 months).

12.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.

13.Return Policy

When you sign up for a membership, you have the right of withdrawal in accordance with the provisions of the law on distance contracts and agreements outside business premises (2005: 59), which gives you the opportunity to cancel the purchase within 14 days from the date the agreement was concluded.

If you wish to exercise your right of withdrawal, please contact NMSS AB:

Nordic Maritime Services Stockholm AB (NMSS AB)
Box 27049, 102 51 Stockholm
Phone: 08-506 622 00, E-mail: [email protected]

14.Termination of insurance

Group members may at any time choose to waive the insurance by notifying the group representative or the insurer of this.

The insurer and NMSS can terminate the group insurance at the end of the insurance period. Cancellation then applies to all insured persons and takes effect no earlier than one month after the insurer has sent notice to the insured thereof. The insurer may also terminate the group insurance in advance if the insured grossly breaches his obligations to the insurer or if NMSS is in arrears with the premium payment. The termination will then have effect on the insured only 14 days after the insurer has sent notice to the insured. The insurer may also terminate the group insurance in advance if it is otherwise permitted under the Insurance Contract Act (2005: 104).

15.Subrogation

As the insurer has paid compensation for damage, the insurer assumes the insured’s right to claim compensation from the person who is liable for compensation against the insured due to the damage.

16.Limitation

You will lose your right to compensation if you do not bring an action against the insurer within three years from the date that you became aware that the claim could be claimed and in any case within ten years from the date the claim could have been claimed at the earliest. If you have made a claim for compensation to the insurer within the time specified, you will always have six months to bring an action against us from the day we took final position on the claim.

17.Insurance Contracts Act

When applying and interpreting this condition, the Insurance Contract Act, FAL 2005: 104, and Swedish law shall apply.

18.Personal data

Personal data is handled by both NMSS and Berkley, in accordance with the Data Protection Regulation (GDPR), other applicable legislation, government regulations and the information on the processing of personal data provided by their companies on their websites.

https://sjoassistans.se/om-oss/datainspektionen-gdpr/ och http://www.berkleyforsakring.se/data-sakerhet/).

Contact us if you would like to have the respective company information sent to you.

19.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 to:

Sjöassistans
Box 270 49, 102 51 Stockholm.

If you need assistance: 020-98 90 00.
Customer support: 08-506 622 00.
Email: [email protected]

20.Appeal against damage settlement decision

Anyone who is not satisfied with the Sjöassistans decision in a case can have it re-examined by contacting

Sjöassistans Skadekommittén
Box 270 49, 102 51 Stockholm.
Phone: 08-506 622 00.
Email: [email protected].

 

General Complaints Board (Allmänna Reklamationsnämnden ARN)

If you have reconsidered your case and are still not satisfied, you have the opportunity to contact Allmänna reklamationsnämnden, Box 174, 101 23 Stockholm. Phone: 08-508 860 00. ARN examines complaints from private individuals.

Consumer Insurance Agency (Konsumenternas Försäkringsbyrå)

You can get general information and guidance on insurance matters by Konsumenternas Försäkringsbyrå, Box 24215, 104 51 Stockholm

General Court.

In most cases, the dispute can also be tried by a public court, regardless of whether the aforementioned bodies have been contacted.

21.Insurer

Insurer is W. R. Berkley Insurance AG, Svensk Filial

Birger Jarlsgatan 22
114 34 Stockholm
Organisationsnummer 516410-2070

 

22.Glossary – definitions

Mandatory group insurance – an insurance to which a member of a special group is affiliated.

Insured – the group member who rents out insured property that is stated on the insurance note.

Policyholder – the person who has entered into an insurance contract with the insurer.

Insurance contract – the contract that applies to each insurance, which covers the application for insurance coverage, the insurance terms that apply at any time, the latest insurance note, the Insurance Contract Act (2005: 104) and Swedish law in general.

Insurance amount – the amount to which the insured is entitled in the event of an insurance case.

Insurance Notice – the notice that is issued as soon as an insurance policy has been issued or amended, which contains information about the scope and duration of the insurance, basic rights and obligations regarding the insurance and important limitations of the insurance coverage.

Insurance case – the event (s) / damage that may entitle you to compensation through the insurance.

Insurer – the person who has entered into an insurance contract with the policyholder and is obliged to pay insurance compensation in accordance with the insurance contract, ie. in this case W. R. Berkley Insurance AG, Svensk Filial, org.no. 516410-2070

Insurance period – the period for which the insurance is valid and for which the insurance premium has been paid.

Group representative – the party who has entered into the group agreement with the insurer, i.e. in this case NMSS.

Group agreement – the agreement between the insurer and the group representative that regulates which insurance protection the group members have the opportunity to apply for. A valid group agreement is a prerequisite for it being possible to conclude individual insurance contracts in accordance with these insurance terms.

Group member – the person who belongs to a predetermined group that has the right to apply for insurance. In this case, the group consists of everyone who is a member of Sjöassistans.