CARGO INSURANCE

INFORMATION ABOUT THE STANDARD INSURANCE PRODUCT

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1. Object of Insurance

Property being transported by the type of vehicle specified in the Insurance Contract, including cargo, luggage (cargo-luggage), and/or containers intended for the transportation of such property, as well as transportation costs, storage fees, freight, and customs payments included in the value of the transported property, if the reimbursement of such costs is covered by the Insurance Contract.

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2. Insurance Risks and Insurance Limitations

"All Risks" Coverage.  

Compensation is provided for damage or total loss of all or part of the insured cargo due to any reason, except for exclusions specified in the contract.  

"Limited Liability" (for partial loss coverage).  

Compensation is provided for the total loss or damage of all or part of the insured cargo as a result of or due to:

   - fire or explosion;

   - grounding, stranding, sinking, or capsizing of a ship, lighter, or barge;

   - overturning or derailment of land transport;

   - collision or contact of a ship, lighter, barge, or any other vehicle with any external object other than water;

   - unloading of a ship in a distress port;

   - earthquake, volcanic eruption, or lightning strike;

   - washing overboard of insured cargo by a wave or throwing overboard of deck cargo to save the ship;

   - ingress of seawater, lake water, or river water into the ship, lighter, barge, other vehicles, container, or storage facility;

   - total loss of an entire cargo unit during loading or unloading unless otherwise specified in the insurance contract.

"Minimum Coverage" (no responsibility for damage except in the case of accidents).  

Compensation is provided for the loss and damage of insured cargo caused by:

   - fire or explosion;

   - grounding, stranding, sinking, or capsizing of a ship, lighter, or barge;

   - overturning or derailment of land transport;

   - collision or contact of a ship, lighter, barge, or any other vehicle with any external object other than water;

   - total loss of an entire cargo unit during loading or unloading unless otherwise specified in the Insurance Contract.  

Insurance limitations – None.

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3. Minimum and Maximum Insurance Amounts (Liability Limits)

Minimum insurance amount – 1000 UAH.  

Maximum insurance amount – equivalent to 1,500,000 euros at the NBU exchange rate on the contract date.

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4. Minimum and Maximum Insurance Premiums and/or Insurance Rates

Minimum insurance rate – 0.001%.  

Maximum insurance rate – 10%.

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5. Type, Minimum, and Maximum Deductible Amounts

The deductible is unconditional.  

Minimum deductible – 0%.  

Maximum deductible – 20%.

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6. Territory and Duration of the Insurance Contract (including information on the commencement of coverage and the insurance period(s))

The coverage applies to the territories of the countries along the transportation route, except for:

   - the Autonomous Republic of Crimea and the city of Sevastopol, Luhansk and Donetsk regions, all territories of Ukraine not under government control in the Kherson and Zaporizhzhia regions, and all territories not under government control, according to the Order of the Cabinet of Ministers of Ukraine No. 1085-p dated 07.11.2014, and any subsequent changes/amendments to it, as well as the Order of the Ministry for Reintegration of Temporarily Occupied Territories of Ukraine No. 309 dated 22.12.2022 and any subsequent changes/amendments, and within 50 km of these territories;

   - countries and/or regions under the effect of trade restrictions imposed by the United Nations, European Union, United Kingdom, Federal Republic of Germany, Swiss Confederation, United States of America, Canada;

   - conflict zones and areas of civil unrest;

   - quasi-states or territories controlled by separatist groups.  

The contract is concluded for a period of up to 1 year.  

The contract enters into force on the date specified in the contract but no earlier than the receipt of the insurance premium into the Insurer's current account.  

Contract extension is not possible.

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7. Exclusions from Insurance Events and Grounds for Denial of Insurance Payments

7.1. Insurance events do not include, and no insurance compensation is paid for, losses or expenses directly or indirectly caused by:  

7.1.1. War, invasion, hostile acts, military actions or operations (whether war is declared or not), any military maneuvers, exercises, or other military activities and/or their consequences, the action of mines, torpedoes, bombs, and/or other instruments of war (weapons);  

7.1.2. Civil war, rebellion, military or popular uprising, revolution, blockade, seizure (usurpation) of power, the imposition of military authority or martial law or a state of emergency or siege, or any event or cause resulting in the declaration of martial law, a state of emergency, or siege;  

7.1.3. Seizure of the insured cargo as a result of piracy, confiscation, expropriation, requisition, arrest, nationalization, forcible seizure, detention, destruction, or damage of the insured cargo ordered by military or civil authorities or any other public, municipal, local, or customs body of a country or territory;  

7.1.4. Illegal actions or inaction of state and local government authorities, including the issuance of illegal documents and/or orders;  

7.1.5. The effect of nuclear energy in any form, ionizing radiation;  

7.1.6. Radioactive, chemical, biological, or toxic contamination or poisoning, the use of explosives;  

7.1.7. Terrorist acts. A terrorist act is understood as an act that includes, but is not limited to, the use of force or violence and/or the threat to use force or violence by any person or group (groups) of persons acting independently or on behalf of or in connection with any organization(s) or authority(ies), carried out for political, religious, ideological, or similar reasons or goals, including the intention to influence any authority and/or to bring the public, or any part of the public, into a state of fear. This exclusion also excludes damage, harm, costs, and expenses of any kind directly or indirectly caused, arising from, or in connection with any action taken to control, prevent, suppress, or in any way connected with an act of terrorism;  

7.1.8. Any strike, riot, or mass (civil) disorder, or any action or activity that may lead to a riot, strike, or mass (civil) disorder (the term "mass (civil) disorder" also includes labor unrest and lockouts). This exclusion applies to:

   a) actions of any person participating with others in violating public order (in connection with a strike, riot, lockout, or unrelated to them), which were qualified by competent state authorities under Article 294 of the Criminal Code of Ukraine;

   b) actions of state authorities and/or local governments (authorities) aimed at stopping and/or attempting to stop and/or minimizing the consequences of any violation specified in subparagraph (a) above.

7.1.9. IT risks, i.e., the destruction, damage, distortion of information, codes, programs, or software, as well as any malfunctions of computer equipment, software, or embedded chips, if they are not the result of physical damage to the insured property caused by insured risks;  

7.1.10. Intentional actions or gross negligence of the Policyholder, Beneficiary, or any of their representatives, as well as the violation by any of them of established rules and standards for the transportation, shipping, and storage of cargo. Gross negligence refers to actions (inaction) that the person foresaw but recklessly relied on avoiding or should have foreseen;  

7.1.11. Actions by the Policyholder or Beneficiary, as well as persons working for them, their representatives, or persons associated with them under any contracts, and who are responsible under such contracts for the preservation and/or compliance with the relevant conditions for the transportation of cargo, that are subject to criminal liability if such actions resulted in the death, damage, or loss of the cargo;  

7.1.12. Natural (normative) reduction in weight or volume of the cargo, including due to leakage and seepage, natural wear of the cargo;  

7.1.13. Incomplete or inappropriate packaging, securing, sealing, or labeling that violates standards and/or technical conditions (including the transportation of cargo in containers, wagons, car bodies), dispatching damaged cargo if such packaging, securing, sealing, or labeling is performed by the Shipper of the Cargo, Policyholder, or Beneficiary, as well as persons working for them, their representatives, or persons in their employment;  

7.1.14. Changes in temperature-humidity conditions, exposure to temperature fluctuations, hold air, special properties, or natural qualities of the cargo, internal spoilage, spontaneous combustion, odor acquisition, shrinkage, fermentation, decay, corrosion, etc., or the presence of defects and shortcomings in the cargo at the start of transportation;  

7.1.15. Delay in cargo delivery and price drops, even if such delay is caused by an insurance event (except in cases where such losses are compensable under general average conditions);  

7.1.16. Insolvency or failure to fulfill obligations (including financial) by the owners, operators, charterers, or operators of the vehicles;  

7.1.17. The unseaworthiness of the vessel, the unsuitability of the vehicle or container for the safe transportation of cargo to the destination, if the Policyholder or their representatives knew and/or should have known about this before the start of transportation and/or loading of the cargo;  

7.1.18. Fire (fire) or explosion due to loading with the knowledge of the Policyholder or Beneficiary or their representatives but without the knowledge of the Insurer of substances and objects dangerous concerning explosion or spontaneous combustion, except for fuel and lubricants on the vehicle necessary for its operation and transportation;  

7.1.19. The shortfall of the cargo or its part(s), the shortage of cargo, or the discrepancy of the declared cargo name when the packaging, seals, locks, or stamps are intact;  

7.1.20. Damage to cargo by worms, rodents, insects, parasites, any processes of cleaning, drying, repairing, or replacement;  

7.1.21. Loss or damage to cargo as a result of fraudulent actions by third parties, including the use of the recipient's name, their agent or customs authority, their forms, stamps, and/or seals, as well as counterfeit documents of title or customs documents;  

7.1.22. Actions by the Policyholder or Beneficiary, their representatives, or cargo transportation operators under the influence of alcohol, drugs, or toxic substances;  

7.1.23. During transshipment of cargo to another vehicle, loading at the point of departure, unloading at the destination, unless otherwise specified in the Insurance Contract;  

7.1.24. During the transportation of cargo on liftvans, barges, or other auxiliary vessels, the Insurer is liable only if the use of such vessels is customary for that area;  

7.1.25. Insurance of perishable goods.

7.2. The Insurer is not liable for:  

7.2.1. Compensation for moral damage.  

7.2.2. Losses or damage that occurred outside the territory specified in the Insurance Contract.  

7.2.3. Losses or damage that occurred before the start of the Insurance Contract but were discovered after its commencement.  

7.2.4. Losses or damage that occurred as a result of incidents not provided for in the Insurance Contract.  

7.2.5. Any indirect losses (including fines, penalties, and other charges, damage to the natural environment; damage related to the loss of market value of the insured cargo).

7.3. In any case, the Insurer is not liable for:  

7.3.1. Losses related to rusting, oxidation, discoloration (unless they result from damage caused to the insured cargo and packaging during transportation and/or loading/unloading);  

7.3.2. Losses related to dents, scratches, cracks, paint chips, or deformation (unless they result from damage caused to the insured cargo and packaging during transportation and/or loading/unloading);  

7.3.3. Electrical and mechanical malfunctions (unless they result from damage caused to the insured cargo and packaging during transportation and/or loading/unloading).  

7.3.4. Depreciation of cargo due to contamination or spoilage inside the packaging with intact external packaging.  

7.3.5. Receipt of cargo at the destination by a person other than the consignee.

7.4. The Insurance Contract does not cover any civil liability of the Policyholder to third parties.

7.5. Losses or damage caused by theft are covered only with signs of unauthorized access to the cargo. Deficiencies or disappearance of cargo not related to theft, robbery, or assault, including unexplained disappearance with intact (undamaged) external packaging, tanks, wagons, seals, or normative leakage, loss of weight or volume, or normative wear and/or natural loss rates of the insured cargo, are not covered.

7.6. Confirmation or denial of the occurrence/existence of events specified in clauses 7.1.1 - 7.1.8 of the General Terms may be based on public information regarding such events. Public information is information recorded and documented by any means and on any media, obtained or created in the course of performing the duties of public authorities provided by current legislation, or in the possession of public authorities, other holders of public information as defined by the Law of Ukraine "On Access to Public Information," such as information posted or previously posted on the official websites of state authorities; video addresses/statements of official representatives of state authorities, which are publicly available, etc.

7.7. If the vessel transporting the cargo is not explicitly specified in the Insurance Contract, no coverage is provided for shipments on vessels other than those for which all of the following conditions are met:

   a) vessels that are self-propelled by mechanical means, have a steel structure, and  

   b) classified by a Classification Society that is a member or candidate member of the International Association of Classification Societies (IACS), and  

   c) built as container ships or roll-on/roll-off (ro-ro) ships, and  

   d) are no more than 30 years old.

7.8. The Insurer does not provide insurance coverage and is exempt from paying insurance compensation if providing such coverage or making such compensation payment would result in the imposition of trade or economic sanctions, prohibitions, or restrictions on the Insurer/Reinsurer imposed by resolutions of UN bodies or under the legislation of the European Union, the United Kingdom, the Federal Republic of Germany, the Swiss Confederation, the United States of America, or Canada.

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8. Insurer’s Liability Limits for Specific Insured Objects, Insurance Risks, and/or Insurance Events, Group of Insurance Risks and/or Insurance Events, and Other Components of the Insurance Product

Not applicable.

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9. Procedure for Calculating and Terms of Insurance Payments

9.1. Procedure for calculating the amount of insurance compensation:  

9.1.1. In the event of the total loss of all or part of the insured cargo (irrecoverable loss of the Policyholder's entire or part of the insured cargo due to an insurance event), the compensation is determined at the actual value of the entire insured cargo or the actual value of the part of the insured cargo that was lost. The deductible provided for in the Insurance Contract is deducted from the amount of insurance compensation.  

9.1.2. In the event of damage to all or part of the insured cargo:

   a) if the damaged cargo was sold, the value of the damaged cargo is determined based on the results of a free sale or auction sale. The amount of insurance compensation is the difference between the actual value of the damaged part of the cargo and the amount obtained from the sale of the damaged part of the insured cargo. The deductible provided for in the Insurance Contract is deducted from the amount of insurance compensation;

   b) if the damaged cargo was not sold, the amount of insurance compensation is determined as the difference between the actual value (before damage) of the damaged part of the insured cargo and the value of the damaged part of the insured cargo, determined based on an independent expert report.

   c) the deductible provided for in the Insurance Contract is deducted from the amount of insurance compensation.

9.1.3. In the event of theft or loss of all or part of the insured cargo, the amount of insurance compensation is determined as the difference between the actual value of the insured cargo and the actual value of the remaining part of the insured cargo. The deductible provided for in the Insurance Contract is deducted from the amount of insurance compensation. A vessel is considered missing when no information about it is received within 3 (three) months, or if the delay in receiving information was due to military actions – within 6 (six) months. Insured cargo transported by land is considered lost if it is not delivered within 30 (thirty) calendar days after the agreed time of arrival at the destination, or if such a time was not agreed – after 60 (sixty) calendar days from the date the insured cargo was accepted for transportation.  

9.1.4. If the Insurer must compensate for losses, expenses, and contributions in general average: the amount of insurance compensation equals the amount to be compensated according to the general average statement (justified by supporting documents). The deductible provided for in the Insurance Contract is deducted from the amount of insurance compensation.  

9.1.5. If the Policyholder’s failure to take preventive or loss mitigation measures results in increased damage, the Insurer has the right to reduce the amount of insurance compensation for the insurance event.  

9.1.6. If transportation, storage, freight, customs expenses, commissions, and other cost elements of the insured cargo were included in the insurance amount, such expenses proportionally related to the amount of loss are included in the insurance compensation amount.  

9.1.7. When calculating the amount of insurance compensation, VAT is included if the Policyholder (Beneficiary) loses the right to a tax credit under the Tax Code of Ukraine as a result of the insurance event.

9.2. Expenses subject to reimbursement, provided that the insurance amount for these expenses is included in the total insurance amount or the limit for a specific shipment:

- all necessary, reasonable, and documented expenses incurred by the Policyholder in fulfilling their obligations to ensure the Insurer’s right of recourse to the person responsible for the damage;

- all necessary, reasonable, and documented expenses incurred by the Policyholder in taking measures to rescue the insured cargo and minimize losses.

9.3. Expenses not subject to reimbursement:

- losses caused by defects or damage to the insured cargo that existed at the time of the conclusion of the Insurance Contract and affected the nature and extent of the damage. Losses caused by defects or damage existing before the Insurance Contract came into effect are determined based on an accident certificate or an independent expert report;

- expenses resulting from mistakes, negligence, insolvency of the Policyholder, their authorized persons, representatives, or employees, and their failure to fulfill financial obligations;

- any amounts received by the Policyholder from third parties in compensation for losses caused by the insurance event, and/or amounts equivalent to the received compensation if they were provided in the form of property, securities, services, etc.

9.4. The Policyholder has no right to abandon the insured cargo (even if damaged) that remains after the insurance event. The residual (liquidation) value of such insured cargo is deducted from the insurance compensation amount.

9.5. After paying insurance compensation, the Insurer, with their consent, acquires the right to recourse against third parties responsible for the damage within the limits of the amount of insurance compensation paid.

9.6. If the insured cargo lost as a result of the insurance event:

- is returned to the Policyholder in undamaged condition before the Insurer pays insurance compensation, no insurance compensation is paid; only the expenses specified in clause 9.2 of the General Conditions are reimbursed;

- is returned to the Policyholder in undamaged condition after the Insurer pays insurance compensation, the Policyholder is obliged to immediately notify the Insurer of the return of the insured cargo and return the insurance compensation in full within 5 (five) working days of the return of the insured cargo; only the expenses specified in clause 9.2 of the General Conditions are reimbursed;

- is returned to the Policyholder in damaged condition – the Insurer pays insurance compensation in accordance with the provisions of this section of these Conditions.

9.7. If the Policyholder receives compensation for damage from third parties, the Insurer pays only the difference between the amount payable under the Insurance Contract and the amount received from third parties. The Policyholder is obliged to immediately notify the Insurer of the receipt of such sums. If compensation from third parties is received after the Insurer has paid compensation, the Policyholder must return the excess funds to the Insurer within 5 (five) working days of receiving the compensation from third parties.

9.8. If at the time of the insurance event, the Policyholder had insurance contracts covering the insured cargo with several insurance companies for an amount exceeding the actual value of the insured cargo (double insurance), the insurance compensation received from all insurers cannot exceed the actual value of the insured cargo. In this case, each insurer pays insurance compensation in proportion to the insurance amount of the respective insurance contract relative to the total sum insured under all contracts. The Insurer pays insurance compensation only for their proportion.

9.9. The Policyholder is obliged to return the insurance compensation received (or its corresponding part) to the Insurer within 30 (thirty) calendar days if, during the limitation period established by the laws of Ukraine, circumstances are discovered that existed at the time of the payment of insurance compensation, which under the laws of Ukraine fully or partially deprive the Policyholder of the right to receive insurance compensation.

9.10. The decision on the payment or denial of insurance compensation is made within 20 (twenty) calendar days from the date the Policyholder provides the Insurer with the last of the required documents specified in this section.

9.11. Insurance compensation is paid in the currency of the insurance premium unless otherwise agreed by the parties to the Insurance Contract. When converting the insurance compensation amount into the currency of the insurance premium, the official NBU exchange rate at the time of the insurance event is used.

9.12. The decision regarding the payment of insurance compensation is formalized by an insurance act.

9.13. The Insurer has the right to postpone the decision regarding the payment or denial of insurance compensation if:

- they have doubts about the validity of the Policyholder's claims for insurance compensation – until the necessary evidence is obtained, but no more than 90 (ninety) calendar days from the date of receiving all necessary documents;

- a pre-trial investigation has been initiated by the prosecutor or investigator (entered into the Unified Register of Pre-trial Investigations) regarding the officials of the Policyholder, their authorized persons, or their representatives, and a pre-trial investigation of the circumstances that caused the event that may be recognized as an insurance event is underway – until the Insurer receives from the Policyholder, in addition to all necessary documents under the Insurance Contract, a decision by the prosecutor or investigator to close the criminal case or a court verdict that has entered into legal force;

- a pre-trial investigation has been initiated by the prosecutor or investigator (entered into the Unified Register of Pre-trial Investigations) regarding the insurance event – until the Insurer receives from the Policyholder, in addition to all necessary documents under the Insurance Contract, a decision by the prosecutor or investigator to close the criminal case or a court verdict that has entered into legal force, but no more than 6 (six) months;

- an expert examination has been appointed to clarify the circumstances of the insurance event and/or determine the amount of damage – until the results of such an examination are received.

9.14. Denial of payment or postponement of the decision must be made by the Insurer in writing, with reasons provided, and delivered to the Policyholder within 15 working days of the decision.

9.15. If a decision is made to pay insurance compensation, the payment is made to the Policyholder (Beneficiary) within 15 (fifteen) working days from the date of formalizing the insurance act.

9.16. The date of payment of insurance compensation is considered the day the funds are transferred to the Policyholder's (Beneficiary's) current account.

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10. Possible Consequences for the Consumer in Case of Failure to Fulfill Obligations Defined by the Insurance Contract, Including Late Notification of the Insurance Event without Valid Reasons and Late Payment of the Insurance Premium or Subsequent Part

Denial of insurance compensation.

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11. Information on the Possibility to Purchase the Insurance Product Separately if Such a Product Is Offered Together with a Related and/or Additional Product, Service, or Work That Is Not Insurance as Part of a Package or Contract

The product is not offered together with a related and/or additional product, service, or work that is not insurance as part of a package or contract.

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12. Terms for Receiving a Discount on the Insurance Product and Promotional Offers, Including Their Duration

No discounts for the product.  

No promotional offers.

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