1. Insured Object
Civil liability for damages caused by the transported cargo to the life, health, and property of third parties, as well as to the person entitled under the transportation contract, arising from the Insured's improper fulfillment of the transportation contract terms, in accordance with the current legislation of Ukraine.
2. Insurance Risks and Coverage Limitations
The Insured's liability and/or the liability of the person whose responsibility is insured for the following damages and/or expenses incurred during the transportation of cargo by a motor vehicle.
Insurance limitations - none.
3. Minimum and Maximum Insured Sum (Liability Limit)
The insured sum is determined by agreement between the insurance contract parties.
4. Minimum and Maximum Insurance Premium and/or Insurance Rate
Determined individually for each specific transportation.
5. Type, Minimum, and Maximum Deductible Amounts
The deductible is unconditional. The deductible amount is determined by agreement between the parties.
6. Insurance Contract Territory and Duration (including information on the commencement of its validity and insurance period(s))
Coverage territory - the road territory from the point of departure to the destination point (generally accepted routes toward the destination point and adjacent areas such as guarded parking lots, gas stations, dining points, and customs cargo clearance points).
The contract is concluded for a period of up to 1 year (inclusive).
The contract becomes effective on the date specified in the contract, but not earlier than the receipt of the insurance payment into the Insurer's current account.
Contract extension is not possible.
7. Exclusions from Insurance Cases and Grounds for Denial of Insurance Payments
7.1. In any case, liability and expenses incurred by the Insured are not covered if they occurred as a result of:
7.1.1. Any kind of military actions or military measures and their consequences, terrorist acts, civil war, riots, and strikes, confiscation, requisition, arrest, or destruction of cargo at the request of military or civil authorities, changes in legislation;
7.1.2. Any impact of atomic energy or radioactive contamination related to the use of atomic energy or radioactive materials;
7.1.3. Extraordinary and unavoidable natural disasters, including hurricanes, snowstorms, tornadoes, tsunamis, storms, earthquakes, mudflows, avalanches, volcanic eruptions, and the like;
7.1.4. Violation by the driver of the transportation order and the Insurer's instructions regarding cargo supervision, customs formalities, transportation rules, cargo storage, or declaration;
7.1.5. Delivery of cargo to a person not entitled to receive it. The consignee entitled to receive the cargo is the person recorded in the waybill as the consignee and holds the right of ownership to the cargo or acts under the consignee's power of attorney;
7.1.6. Operation of technically faulty or structurally modified vehicles and equipment, including refrigeration units, during the transportation of cargo requiring special temperature conditions;
7.1.7. Shortage of cargo when the external packaging (including tarps, containers, etc.) and seals of the sender and customs authorities remain intact;
7.1.8. Adoption of international and local legislative acts that change the import, export, or transit procedures for cargo and come into force after the Insured accepted the cargo for transportation;
7.1.9. Damage caused by the cargo to the Insured's employees;
7.1.10. Execution of the transportation contract by the Insured's subcontractor;
7.1.11. Special properties of hazardous cargo;
7.1.12. Delivery of property to an unauthorized recipient;
7.1.13. Damage to the health of living creatures during their transportation;
7.1.14. Transportation of dangerous goods carried out under the conditions of the "European Agreement concerning the International Carriage of Dangerous Goods by Road" (ADR Agreement), Geneva, 30.09.1957.
7.2. Insurance coverage does not apply to:
7.2.1. Transportation of goods with a declared value (unless otherwise provided by an additional agreement to this insurance contract). In this case, goods with a declared value refer to goods during the transportation of which the cargo owner, having a particular interest in the goods, declares their value in the CMR bill of lading as provided by Article 24 of the 1956 CMR Convention;
7.2.2. Transportation of goods subject to a special circulation regime;
7.2.3. Transportation of smuggled goods and items;
7.2.4. Transportation of perishable goods;
7.2.5. Transportation of valuable goods:
7.2.5.1. Bullion of precious metals and items made from them;
7.2.5.2. Precious stones and expensive jewelry;
7.2.5.3. Banknotes and coins;
7.2.5.4. Bonds, payment instruments, or other securities;
7.2.5.5. Works of art;
7.2.5.6. Pedigree animals;
7.2.5.7. Goods requiring temperature control.
7.3. In any case, the following events are not considered insured:
7.3.1. Events provided for in the Insurance Contract but resulting from the Insured's unlawful actions, its authorized and official persons, as well as due to the gross negligence of the Insured's employees that led to the occurrence of the insurance event. In this contract, gross negligence is considered the absence of elementary foresight—such that can be expected from any capable person while performing carrier duties;
7.3.2. Events that, although resulting in the loss, damage, or destruction of cargo, delay in cargo delivery, occurred due to circumstances that, according to international conventions/national legislation, exempt the Insured from liability, in particular for damages caused without any fault of the carrier, but due to and as a result of:
7.3.2.1. Incorrect or incomplete instructions or orders of the sender or the person entitled under the transportation contract (transportation customer, cargo sender, consignee) regarding the cargo transportation conditions without any fault of the carrier regarding the transportation conditions (required temperature mode, humidity, methods, ways, and instructions for securing) and destinations;
7.3.2.2. Actions of unavoidable circumstances, which the carrier could not avoid and whose consequences it could not prevent, acting with the diligence necessary to be recognized as a conscientious carrier;
7.3.2.3. Use of open vehicles if such use was indicated and agreed upon in the transportation request, waybill, or other written instructions;
7.3.2.4. Absence, damage, or inadequacy of cargo packaging, which due to its nature is prone to spoilage or damage without packaging or when inadequately packaged;
7.3.2.5. Incorrect placement and insufficient securing of cargo by the sender's representatives;
7.3.2.6. Special properties of cargo due to its nature, which may lead to its complete or partial destruction or damage, particularly susceptible to breakage, corrosion, sudden decay, spontaneous combustion, normal loss (shrinkage, leakage, shakeout), attack by parasites and rodents, change in the substance of the cargo due to biological factors (bacteria, fungi, microbes);
7.3.2.7. Inadequacy or unsatisfactory marking and numbering of cargo units.
7.4. The Insurer does not cover:
7.4.1. Moral (non-material) damage;
7.4.2. Indirect losses (including but not limited to excise tax, excise mark cost, logistics services cost, inland freight cost, customs terminal services cost) and lost profits;
7.4.3. Value-added tax on cargo imported into the customs territory of Ukraine;
7.4.4. Environmental damage;
7.4.5. Unsubstantiated losses;
7.4.6. Losses caused by the Insured's drivers under the influence of alcohol or drugs;
7.4.7. Lifetime maintenance costs;
7.4.8. Losses incurred by the Insured outside the Insured's contractual liability period under the transportation contract, including losses occurring during loading or unloading and during cargo storage at a customs-licensed warehouse;
7.4.9. Losses related to claims for theft from any vehicle left unattended in a parking lot that is not a Safe Parking Place. SAFE PARKING PLACE - a specially equipped parking lot for motor carriers ("TIR Parking"), a guarded parking lot, or the territory of road police posts;
7.4.10. Responsibility and expenses incurred by the Insured due to cargo loss or damage resulting from temperature regime violations in cases when:
7.4.10.1. The temperature regime change and cargo spoilage occurred due to the transport's downtime at borders (customs checkpoints) due to the lack of permits;
7.4.10.2. The temperature regime change and cargo spoilage occurred due to the transportation customer's error in specifying the required temperature regime;
7.4.11. Uninsured unreasonable and unapproved expenses of the Insured, as well as the Insured's lost profits;
7.4.12. Losses and expenses of the Insured that occurred as a result of cargo transportation entirely within one of the insured territories' countries (from loading to unloading), except when the cargo transportation is carried out within Ukraine. This exclusion does not apply if the Insured carries out part of a through transportation under an international contract, including cases where the transportation part carried out by the Insured takes place entirely within one country;
7.4.13. Cost of sorting, repacking damaged cargo, cost of broken bottles, cost of damaged labels, excise marks.
8. Insurer's Liability Limits per Insured Object, Insurance Risk and/or Insurance Event, Group of Insurance Risks and/or Insurance Events, Other Insurance Product Components
None.
9. Procedure for Calculation and Conditions of Insurance Payments
9.1. Within 30 (thirty) calendar days from receiving all documents, the Insurer makes a decision on the insurance indemnity payment and issues an insurance act or decides to refuse the insurance indemnity payment.
9.2. If there are doubts about the validity (legality) of the claim, the Insurer has the right to delay the insurance indemnity payment in the following cases:
9.2.1. If the prosecutor or investigator initiates a pre-trial investigation (records information in the Unified Register of Pre-trial Investigations) against the Insured's officials, its authorized persons, or its representatives and conducts a pre-trial investigation of the circumstances that caused the event that may be recognized as an insurance event - until the Insurer receives from the Insured, in addition to all necessary documents, the prosecutor's or investigator's decision to close the criminal proceedings or a court verdict that has come into force;
9.2.2. If the prosecutor or investigator initiates a pre-trial investigation (records information in the Unified Register of Pre-trial Investigations) regarding the insurance event - until the Insurer receives from the Insured, in addition to all necessary documents, the prosecutor's or investigator's decision to close the criminal proceedings or a court verdict that has come into force, but not more than 6 (six) months from the start of the pre-trial investigation.
9.3. If a decision is made to pay the insurance indemnity, the payment is made within 5 (five) working days from the date of the insurance act's issuance.
9.3.1. In case of payment in a currency other than the hryvnia, the insurance indemnity payment period is extended by the time necessary for the Insurer to certify such payment by the state body supervising insurance activities, according to the legislation regulating foreign exchange transactions, considering the procedure, peculiarities, and timing of their implementation. At the request of the Insured/Beneficiary regarding the Insurer's violation of the insurance indemnity payment period provided by the insurance contract, the Insurer must provide a justified response regarding the reasons for the contract terms violation. If the Insurer documents the completion of procedures established by law for foreign exchange transactions, the violation of the insurance indemnity payment terms provided in the insurance contract has no consequences.
9.4. If a decision is made to refuse insurance indemnity payment, the Insurer notifies the Insured in writing with a justification for the refusal within 5 (five) working days from the decision date.
9.5. The amount of insurance indemnity is determined as follows:
9.5.1. In the absence of disputes between the injured third party and the Insured, the loss amount is determined by the latter in agreement with the Insurer based on relevant documents:
9.5.1.1. For damages caused to the cargo owner as a result of full or partial loss, destruction, or damage to the cargo - in the amount of the actual direct damage caused to the cargo owner under the transportation legislation determining the carrier's liability, excluding the deductible and considering the liability limits specified in the insurance contract;
9.5.1.2. For damages caused by late delivery of the cargo. The condition for the Insured's liability for late delivery of the cargo is the violation of delivery terms under the relevant transportation law - in the amount of the actual direct damage caused to the cargo owner, excluding the deductible;
9.5.1.3. For damages incurred in connection with the indemnification of customs duties, transportation fees, taxes, and other mandatory charges, as well as expenses related to the completion of customs formalities, under the relevant transportation law - in the amount of the actual direct damage caused to the cargo owner, excluding the deductible;
9.5.1.4. For damages caused by the transported cargo to the life, health, or property of third parties (non-contractual damages) - in the amount of direct actual damage excluding the deductible;
9.5.1.5. Before customs authorities: regarding the payment of fines imposed by state customs authorities for violations of customs laws and rules of the relevant countries - covered only if the Insured fully complied with the transportation contract terms, instructions regarding cargo delivery, and customs clearance procedures, but such violation still occurred for reasons beyond the Insured's control - in the amount determined by the customs authority's or judicial authority's decision excluding the deductible. If there are no clear written instructions from the contractual party (customer), the Insured is obliged to follow the Insurer's instructions attached to the insurance contract;
9.5.1.6. The Insurer, if provided by the insurance contract terms, reimburses within the limits established by the insurance contract terms, expenses related to the insurance event or expenses aimed at preventing the insurance event, in particular: expenses for preventing or reducing the size of losses, and after the insurance event, in particular - expenses for cargo storage, reloading, sorting, repacking, disposal of damaged cargo, additional cargo transportation to the destination, surveyors, experts, and claims adjusters' fees - in the amount of actual expenses documented and pre-agreed with the Insurer. The total amount of insurance indemnity paid under the insurance contract cannot exceed the aggregate liability limit of the Insurer for all claims under the insurance contract.
9.5.2. In case of a third party's legal claim in court - based on a final court decision on the amount of damages caused by the damage/harm caused, considering the insurance contract provisions.
9.6. The Insured is obliged to inform the Insurer about all payments received from third parties (including those responsible for the damage and from other insurance companies) for losses that are subject to compensation by the Insurer under the insurance contract terms.
9.7. If the Insured received compensation from third parties, the Insurer only pays the difference between the amount due under the insurance terms and the amount received from third parties.
9.8. If the Insured has insurance contracts regarding the insured object with other insurance companies at the time of the loss occurrence, the Insurer pays the insurance indemnity only for the part that is not reimbursed by other insurance companies.
9.9. In any case, the Insurer pays the insurance indemnity within the insured sum (liability limits) and after deducting the deductible specified in the Insurance Certificate. In case of insurance indemnity payment, the insured sum is reduced by the amount of the paid indemnity. The insured sum is considered reduced from the date of the insurance event.
9.10. In case of partial insurance premium payment, the amount of the next unpaid insurance payments that the Insured must pay for the entire insurance contract/Insurance Certificate period is deducted from the insurance indemnity amount. If the amount of unpaid insurance payments exceeds the amount of the insurance indemnity, the indemnity payment is made only after full insurance premium payment.
10. Possible Consequences for the Consumer in Case of Non-fulfillment of Obligations Defined by the Insurance Contract, Including Late Notification of Insurance Event without Valid Reasons and Late Payment of the Insurance Premium or Its Next Installment
Denial of insurance indemnity payment.
11. Information on the Possibility of Purchasing the Insurance Product Separately, if the Product is Offered Together with an Accompanying and/or Additional Product, Work, or Service that is not Insurance, as Part of One Package or Contract
The product is not offered together with an accompanying and/or additional product, work, or service that is not insurance as part of one package or contract.
12. Conditions for Receiving Discounts on the Insurance Product and Promotional Offers, Including Their Validity Periods.
No discounts on the product.
No promotional offers.