Quality Motor Car Insurance — Policy Conditions (English)

Information statement↑ top

The member state that controls the insurance activity of the company is Spain, and the controlling authority is the Directorate-General of Insurance and Pension Funds (DGSFP), overseen by the Ministry of Economy and Competitiveness. Spanish legislation applies to the contract — specifically the Insurance Contracts Act 50/1980 of 8 October, the revised text of the Law on the Regulation and Supervision of Private Insurance (Royal Legislative Decree 6/2004), and the revised text of the Public Liability and Motor Vehicle Insurance Act (Royal Legislative Decree 8/2004) and their implementing regulations.

Liberty Seguros has a Customer Service Department and a Customer Ombudsman to handle and resolve complaints and claims, in line with Order ECO 734/2004. Policyholders, insured parties, beneficiaries, affected third parties and their dependants may submit complaints:

• to the Customer Service Department — Paseo de las Doce Estrellas 4, 28042 Madrid; fax (+34) 91 301 79 98; e-mail atencionalcliente@libertyseguros.es;
• and secondly to the Customer Ombudsman — C/ Marqués de la Ensenada 2, 28004 Madrid; fax (+34) 91 308 49 91; e-mail reclamaciones@da-defensor.org.

Complaints are handled and settled within two months. If you disagree with the decision, or receive no reply within two months, you may write to the Claims Service of the DGSFP (Paseo de la Castellana 44, 28046 Madrid). Disputes may also be brought before the courts. The Customer Ombudsman Regulations are available at all Liberty Seguros offices and at www.libertyseguros.es.

Important note

Read the general conditions and the schedule of this contract carefully so you fully understand your rights and obligations. Review the information in the schedule and, if correct, sign and return the copy; tell us of any errors so we can amend them. Do not forget to report any change to the people listed as drivers of the insured vehicle. Keep the receipt for the last insurance year's premium in your vehicle as proof of compulsory liability cover — you can be penalised if you cannot show it when asked by the traffic authorities.

Terms used in this contract↑ top

• Insurer — Liberty Seguros, Compañía de Seguros y Reaseguros, S.A., which signs the policy with the policyholder and, through collection of the premium, is bound to pay the benefit for each cover included in the schedule, within the policy's limits and conditions.
• Insurance policyholder — the individual or legal entity that signs the contract with the insurer and to whom its obligations correspond, except those which by their nature fall to the insured.
• Insured party — the individual or legal entity that owns the insured interest and takes on the contract's obligations in the absence of the policyholder.
• Beneficiary — the individual or legal entity entitled to the indemnity, by transfer from the insured or because the policy so stipulates.
• Driver — the individual who, legally authorised by holding the appropriate licence for the insured vehicle and permitted by the policyholder, insured and/or owner, drives the vehicle or has it in his/her care when the claim occurs.
• Regular driver — the person designated as such in the contract, whose circumstances are required to calculate the premium.
• Policy — the document containing the contract's regulatory conditions: the general conditions, the schedule, the special conditions and any supplements or appendixes issued to complement or modify it.
• Premium — the price of the insurance; the invoice also includes legally applicable surcharges and taxes.
• Excess — the amount the insured pays on each claim, as set out in the policy, for all covered risks.
• Insured sum — the amount in the policy for each cover under Article 1, being the maximum the insurer pays for all items in a claim. For mandatory liability it is limited to the sums set by the legislation in force when the claim occurs.
• Claim — any accidental event during the policy period whose consequences are guaranteed under a cover. All personal injuries and material damages from one event constitute a single claim.
• Bodily injury — physical injury or death caused to an individual. Material damage — the loss or deterioration of objects or animals.
• Vehicle fire — total or partial combustion and burning by flames of the insured vehicle. Vehicle explosion — the sudden, violent pressurising or depressurising of the vehicle's gas or steam.
• Personal accident — bodily injuries from violent, sudden, external causes beyond the insured's control while a driver or passenger of the insured vehicle.
• Theft with violence — unlawful removal by third parties for profit using force on objects (including an attempt). Theft with intimidation — the same using force and/or violence or intimidation of people. Larceny — unlawful removal for profit without force or violence. Unauthorised use — unlawful removal with no profit motive and without force or violence.
• Value as new — the total retail price of the vehicle when new, including legal surcharges, fees and taxes (excluding road tax) needed to make it road-legal. If the model is no longer made, the value of a similar vehicle is used.
• Actual cash value — the sale value immediately before the claim, based on age, wear and condition, using the second-hand price tables published by Editorial Eurotax-España S.A. Improvements, fixed factory installations and accessories are assessed at the same depreciation percentage as the vehicle.
• Total loss — where the estimated repair cost exceeds 75% of the value as new (vehicle under 4 years old) or 75% of the actual cash value (over 4 years old).
• Age of the vehicle — the time from first registration (in Spain or abroad) to the date of the claim.
• Accessories — improvement and fixed-installation components not fitted as standard or optional from the factory.
• Port or airport premises — fenced, supervised premises owned by a seaport or airport that cannot be accessed without specific authorisation.

Article 1 — Object and scope of the insurance↑ top

Through this contract, within the limits of compulsory liability insurance in force when the incident occurs and of any complementary voluntary insurance contracted, the insurer covers the risks listed below where they are expressly contracted in the schedule:

• Liability derived from driving the insured vehicle (Article 2) — Type A mandatory liability, Type B voluntary liability, Type C liability for cargo and as a pedestrian or amateur cyclist.
• Own damage to the vehicle (Art. 3); fire (Art. 4); theft (Art. 5); window breakage (Art. 6).
• Legal defence (Art. 7) — A. criminal defence; B. damage claims; C. legal assistance for administrative traffic offences.
• Personal accident for passengers (Art. 8); personal accident for the driver, sum insured plus annuity (Art. 9).
• Subsidy for temporary driving-licence suspension (Art. 10); roadside assistance (Art. 11); replacement vehicle in the event of accident or theft (Art. 12).

Article 2 — Public liability derived from driving the vehicle↑ top

Type A — Mandatory public liability

Mandatory for all vehicle owners. The insurer assumes the indemnity owed by the driver and/or owner of the insured vehicle shown in the schedule, up to the quantitative limits in force, for traffic incidents involving the vehicle in which persons are injured and/or property is damaged, enforceable under the revised Public Liability and Motor Vehicle Transit Act. For personal injury the insurer must compensate within the mandatory limits, except where the injury was caused solely by the victim's conduct or negligence, or by force majeure unrelated to the vehicle's driving or working order (defects, breakage or failure of parts do not count as force majeure). For property damage it compensates where the driver is liable under Article 1902 of the Civil Code and Article 109 of the Criminal Code.

The following is not covered under Type A:

• injury or death of the driver of the insured vehicle;
• material damage to the insured vehicle from the goods it carries, and goods held by the policyholder, insured, owner or driver or their spouse/relatives to the third degree;
• injury or damage from theft of the insured vehicle;
• injury or damage caused when driving under the influence of alcohol, toxic drugs, narcotics or psychotropic substances;
• injury or damage caused when the driver holds no driving licence.

The last two exclusions do not apply to the injured third party, without prejudice to the insurer's right of recourse.

Type B — Voluntary public liability

Covers, within the agreed schedule limit, the indemnity owed for traffic incidents for which the driver is liable under Article 1902 of the Civil Code and Article 109 of the Penal Code, guaranteeing the amounts that exceed the mandatory limit. For personal injury, anyone other than the driver is a third party; for property damage, anyone other than the policyholder, insured, owner, driver or their spouse/relatives to the third degree is a third party. Also covered:

• liability if the parked vehicle catches fire and damages third parties — limit €600,000 per claim;
• liability for towed trailers/caravans up to 750 kg whose plate matches the insured vehicle.

Also not covered (in addition to the mandatory exclusions):

• liability for damage from goods carried in the vehicle, or owned by the insured or those the insurer answers for, even if from a traffic accident;
• contractual liability;
• liability for damage to people carried in vehicles not authorised to carry people (except when helping in necessity);
• fines or sanctions imposed by courts or authorities;
• liability for trailers/caravans over 750 kg or whose plate does not match the vehicle. The insured's legal representatives, their spouse/family to the third degree, and employees in work accidents are never third parties.

Type C — Cargo, pedestrian & amateur-cyclist liability

Guarantees the driver's/owner's non-contractual liability for damage caused to third parties by goods carried in the vehicle and by their loading/unloading, up to €100,000 per claim. It also extends to the policyholder and regular driver for liability as an amateur cyclist or pedestrian in a road accident, up to €60,000 per claim. Not covered: damage to the vehicle itself by the goods; injury to people loading/unloading; dangerous-goods transport; transport as a business; and professional cycling.

Applicable to liability Types A, B and C — the insurer's benefits

Within the schedule limits the insurer bears the cost of: paying injured parties the indemnities arising from the insured's/driver's liability; posting court bail bonds (where a single bond guarantees both civil and criminal liability, it deposits half as the civil guarantee); and the defence of the insured — at its own expense it manages the legal defence, appointing lawyers and court attorneys to defend the insured in any liability action, even where the claims are groundless.

Procedure in the event of a liability claim

• Report & cooperate. The insured must give all necessary cooperation with the legal defence, granting any powers of attorney required, and must inform the insurer as soon as possible of any judicial, out-of-court or administrative notification received. Breach loses the right to indemnity only in cases of gross negligence or wilful misconduct, in which case the insurer may reclaim any payments made.
• Appeals. The insurer decides whether to bring legal appeals. If it considers an appeal inadmissible it informs the insured, who may file it at his/her own expense; if the appeal succeeds the insurer reimburses the costs.
• Conflict of interest. If the insurer must back interests contrary to the insured's defence, it informs the insured; cover continues only if the insured still lets the insurer manage the defence.
• Indemnities. Personal-injury indemnities are calculated under the legal scale (the appendix to the Motor Vehicle Transit Liability and Insurance Act). The insured may not negotiate, admit or reject any claim without the insurer's authorisation; the insurer may settle with injured parties within the policy limits.
• Right of recourse. The insurer may sue the policyholder, driver, owner or insured for indemnities it had to pay through the injured party's direct action, under the law and this contract.

Article 3 — Own damage to the insured vehicle↑ top

Within the policy limits, covers partial damage or total loss of the vehicle from an external, sudden and immediate cause beyond the driver's control, whether in transit, parked or being transported. Expressly included:

• overturning or falling of the vehicle, and collision with other vehicles or with any moving or stationary object;
• collapse of terrain, bridges or roadways;
• malicious acts of third parties (provided the insured did everything possible to prevent them and they are not terrorism, uprisings, riots, etc., which fall to the Consorcio — see Art. 33);
• accidents from material flaws, construction defects or poor preservation (cover limited to repairing the damage caused, not the faulty parts);
• damage to interior upholstery from aiding accident victims, up to €300;
• window breakage (with the scope/exclusions of Art. 6);
• hail or wind not legally considered an extraordinary risk;
• passengers' luggage and personal items, up to €500 per incident.

Where the schedule so states, this cover may be limited to total loss only.

Indemnity for total loss — value-as-new scale

The following scale applies to total loss under own damage, fire and theft. For a vehicle under 4 years old, the total-loss indemnity is based on the value as new immediately before the claim (less any scrap value):

• 100% of value as new — under 2 years old;
• 80% — over 2 but under 3 years old;
• 70% — over 3 but under 4 years old;
• over 4 years old — actual cash value + 30% (less scrap).

Factory-fitted improvements/fixed components and the accessories listed in the policy are indemnified on the same basis. The excess is not deducted for total-loss claims. Partial damage is paid at the cost of the replacement parts plus the labour required.

Not covered (own damage):

• damage to the vehicle from towed trailers and the objects they carry, or from loading/unloading them; damage to towed trailers and to camper vans;
• water freezing in the engine; mechanical malfunctions; mere wear and tear or insufficient upkeep; correction of manufacturing/repair flaws;
• tyres alone (unless there is total loss or other material damage); depreciation after repair;
• accessories not stated in the schedule; professional components/instruments carried in the vehicle;
• damage from driving on areas that are not suitable roadways (unless the schedule says otherwise);
• vehicle-transport costs unless that cover is contracted (see Art. 11/24);
• luggage/personal items above €500 per incident.

Article 4 — Fire and the insured vehicle↑ top

Within the schedule limits, covers damage to the vehicle from fire, lightning or explosion — regardless of the driver's or insured's wishes — whether in transit, at rest or being transported, including incidents from material flaws or poor upkeep (repair limited to the damage caused). The insurer indemnifies damage from a fire that is accidental or caused by others' ill will or one's own negligence, and covers losses from the direct action of the fire plus the inevitable consequences and the cost of measures taken by the authorities, policyholder, insured or driver to prevent or extinguish it. Luggage/personal items are covered up to €500 per incident.

The insurer is not obliged to indemnify where the fire is caused by gross negligence or wilful misconduct of the insured, policyholder or driver. Total loss is indemnified on the value-as-new scale; partial damage at parts plus labour.

Not covered (fire):

• damage from carried objects or their loading/unloading, and damage to towed trailers;
• seismic, atmospheric or thermal phenomena, except lightning;
• tyres alone (unless other material damage); accessories not in the schedule;
• vehicle-transport costs unless contracted; depreciation after repair; professional instruments carried; luggage above €500.

Article 5 — Theft of the insured vehicle↑ top

Covers damage to or loss of the vehicle and its components from unlawful removal (or an attempt) by third parties — theft, theft with violence/intimidation, larceny and unauthorised use.

A. Removal of the whole vehicle or all its tyres

Indemnified on the value-as-new scale above. Total theft of tyres means the theft, in one incident, of all the vehicle's tyres (with or without the spare).

B. Removal of fixed components

Factory-fitted fixed components, or accessories expressly listed in the schedule, are indemnified at 100% of value as new — except batteries and tyres, at 80%. Removed radio, telephone, satellite-navigation, sound or image devices forming part of the fixed installation are indemnified once per annual period, on replacement with the insurer's expert verification.

C. Damage from unlawful removal

The insurer covers 100% of damage caused to the vehicle while in others' possession through theft, and damage from attempted robbery; if such damage amounts to total loss, indemnity follows Section A. Passengers' luggage/personal items are covered up to €500 per incident.

Recovery of the stolen vehicle

If the vehicle is recovered within 40 days of the report to the insurer, the insured must accept its return. After indemnity is paid, the insured undertakes to sign documents transferring ownership to the insurer if the vehicle reappears; the insured may recover it within 15 days of the recovery notice by repaying the indemnity received.

Not covered (theft):

• removal due to gross negligence by the insured, policyholder, driver or their dependants/cohabitants;
• thefts where the perpetrators/accomplices are relatives to the third degree, or dependants/employees living with them;
• trailers towed by the vehicle;
• theft of accessories not declared in the schedule, and items not permanently affixed (keys, remote openers);
• luggage/personal items above €500; professional items or tools carried;
• theft not reported to the police (a copy of the police report must be given to the insurer);
• theft-with-violence cover is limited to acts by persons other than those in a rental contract — a lessee who fails to return the vehicle has not committed unlawful removal.

Article 6 — Broken auto glass↑ top

The insurer pays the cost of replacing and fitting broken glass and its accessories. "Broken" means total or partial damage rendering the glass unserviceable from an accidental, sudden cause beyond the owner's, driver's or policyholder's control. Repair of a damaged front windscreen is also covered where the damage allows.

Not covered:

• glass broken from faulty installation or during installation work;
• flaws/cracks to headlights, rear lights, indicators, mirrors or other non-screen glass;
• trailer windows or camper-van tent windows;
• payments where no replacement or repair is carried out.

Article 7 — Legal defence & damage claims↑ top

This legal-defence insurance is managed by personnel of the insurer who do not handle other classes of insurance for it (to ensure independence).

A. Legal defence

The insurer defends the insured (the driver, or any other driver he/she authorises) in legal proceedings brought after a traffic accident, including: the personal defence by lawyers/court attorneys (fees, notary services, powers of attorney, certificates and summonses); loss-adjuster fees expressly authorised; and, in criminal proceedings, the bail bonds for release on bail up to €35,000 per claim (the bond is later applied to criminal legal costs, not to fines or third-party indemnities).

Procedure. Report the claim as soon as possible and pass on any out-of-court claim, lawsuit, complaint, citation or summons received by the policyholder, insured, owner, driver or any occupant. The insurer proposes lawyers/court attorneys for the criminal defence and bears their fees. Free choice of professional: you may choose your own lawyer/court attorney for any proceeding (notifying the insurer of the names first); the professional acts with full technical independence and the insurer is not liable for the outcome — in that case the benefit is capped at €3,000 per claim, and travel costs of a professional outside the relevant judicial district are at your expense.

Fees. The insurer pays the defending lawyer's fees under the rules of the Spanish General Council of Lawyers (or the relevant bar), as a maximum limit; for a freely-chosen professional the cap is €3,000 per claim. Disagreement: if the insurer decides there is no reasonable chance of success and declines to sue or appeal, it tells the insured, who may proceed alone and, if the result is more favourable, be reimbursed up to €3,000 per loss. Interpretation disputes may go to arbitration (arbitrators cannot be appointed before the dispute arises). Not covered: indemnities, fines or sanctions imposed on the insured; taxes and fiscal payments; and costs of joinders/counterclaims on matters outside the cover.

B. Claim for damages

The insurer pursues, amicably or in court, the insured's claims against liable third parties for bodily injury and material damage from road accidents (the insured here is the policyholder, owner and/or authorised driver). It covers claims for the insured's injury/death as driver, and for the insured or cohabiting family as pedestrians; claims against the policyholder, insured, driver or the insurer itself are excluded. Material-damage claims cover damage to the insured vehicle (and a trailer with its plate), including damage from non-traffic events such as building collapse, explosions or fire. Where insurer and insured claim concurrently, sums are split in proportion to their interests.

• Limit: with a freely-chosen lawyer/court attorney, cover is capped at €3,000 per claim; multiple suits from one cause count as a single claim.
• Advance on indemnities: up to €7,000 for material damage to the vehicle caused by third parties, once the opponent's insurer consents or a binding judgment exists.
• Insolvency: if a final, enforceable Spanish judgment cannot be executed, the insurer pays the recognised material damage (excluding interest and other items) up to €12,000 per claim, after recovering any seized goods or the Consorcio's share.

C. Legal assistance for administrative traffic offences

Telephone legal consultations on traffic sanctions; reports on whether to appeal; drafting of objections, defence depositions and appeals; submission of documents; and telephone help for a lost licence or loss of penalty points (available 9am–9pm, Monday to Friday). Limited to Spanish territory. The insurer never pays the amount of the sanction itself (though it can process payment if the insured provides the funds), and only administrative proceedings are covered.

Article 8 — Personal accident cover for passengers↑ top

Covers the driver and/or the occupants of the vehicle (as set in the schedule) for accidental death, accidental permanent disability and healthcare expenses arising from a traffic accident. "Accidental death" is death from the accident or, within two years, from its verified injuries. "Total permanent disability" means only: loss of both feet, both arms or both hands, of one arm and one leg, of one hand and one foot, complete paralysis, total blindness, or total and incurable insanity — irrespective of the insured's profession or any administrative/medical ruling.

1. Death by accident

If the insured dies as a direct result of a covered accident within two years of it, the insurer pays the named beneficiaries (or legal heirs) 100% of the sum insured for this cover, with an advance of up to €3,000 for death expenses. Any permanent-disability indemnity already paid for the same accident is deducted.

2. Permanent disability by accident

For total or partial permanent disability declared within two years, the insurer pays 100% of the sum insured (total disability) or a percentage of it (partial), per the scale below. Left-handed people swap the right/left figures; loss of a thumb/big-toe phalanx pays half the percentage and any other finger/toe phalanx one third. Absolute, permanent loss of use of a limb equals total loss of it; multiple injuries in one accident are added but never exceed 100%, and several injuries to one limb never exceed the total-loss figure for that limb. A first orthopaedic prosthesis is covered up to 10% of the disability sum insured, and other devices (crutches, collars, wheelchairs, etc.) up to €1,000.

Disabilities not listed are indemnified by analogy. Pre-existing impairments are not counted as caused by the accident.

3. Healthcare expenses from an accident

For up to one year from a covered accident, the insurer bears medical, pharmacy, hospitalisation and treatment costs in Spain when care is given by doctors/clinics it designates (it designates all centres recognised by the Consorcio plus any with which it has an agreement). If you use your own choice of doctor in Spain, or are treated abroad, cover is limited to the schedule sum and up to €200 per day. The insurer also covers urgent transport to the nearest centre, ambulance as prescribed, and the first prosthesis/glasses/hearing aid or their repair/replacement up to €700 per incident. Not covered: accidents unrelated to being a passenger or not from a traffic incident; sport competitions, wagers, challenges or exploratory expeditions; and aesthetic sequelae.

Article 9 — Personal accident for the driver: sum + annuity↑ top

For the driver of the insured vehicle (holding the correct licence). On death or permanent total disability from a traffic accident while driving the vehicle, the insurer pays the fixed sum in the schedule plus the monthly annuity in the schedule for up to 24 monthly payments (death benefits go to the named beneficiaries or legal heirs). "Permanent total disability" has the same restricted meaning as in Article 8. Not covered: accidents not causing death or permanent total disability; accidents unrelated to driving the vehicle; and accidents from sport competitions, wagers, challenges or exploratory expeditions.

Article 10 — Subsidy for temporary driving-licence suspension↑ top

The insured is the regular driver named in the schedule (if the policyholder is a legal entity, the authorised driver, with the policyholder as beneficiary). The qualifying sanction must arise from the scheduled vehicle, on Spanish territory, within the cover period, and not from driving under the influence of alcohol/drugs or refusing a breath test.

• Suspension by a final judgment or government resolution arising from use of the vehicle — a monthly amount over the suspension period, up to 24 monthly payments from the binding notification;
• Revocation through loss of all penalty points — a monthly amount for up to 6 months from the sanction notification (reduced proportionally if some points were lost in non-qualifying circumstances).

Not covered:

• suspension from events occurring before it takes effect;
• suspension for breaching a previous suspension order, or for abandoning victims / failing to give aid;
• loss of the licence through loss of physical/mental fitness or required knowledge;
• suspension arising from road-safety crimes or recklessness.

Article 11 — Roadside assistance & travel cover↑ top

For this cover, the insured vehicle must weigh under 3,500 kg (plus a matching-plate caravan/trailer). Cover is valid for people anywhere in the world and for the vehicle in Europe and Mediterranean-bordering countries, and applies from km 0 — your own home. You must call the insurer's 24-hour assistance centre (number on your card) before acting; services not arranged with the insurer are not reimbursed.

11.1 — Assistance for the vehicle and its occupants

For claims from use of the vehicle (driver and passengers carried free of charge):

• Roadside repair or towing from km 0: on breakdown, glass breakage or accident, emergency roadside repair (max 60 minutes; parts at your cost) or, if it cannot be repaired on the spot, towing — to the garage of your choice in Spain, France, Portugal and Andorra, or to the nearest official garage of the make elsewhere (or one no further away), max 100 km. Off-road recovery of immobilised vehicles is covered where possible by ordinary means.
• Rescue/salvage of a vehicle that has overturned or fallen and cannot be driven or towed — up to €600.
• Hotel while awaiting repair (repair over two hours and not same-day): bed & breakfast, 3-star in Spain / 4-star abroad, or €61 per person, until repaired, max 4 nights.
• Onward travel or repatriation of occupants to home or destination if immobilisation lasts over a day, or a rental vehicle up to €300. The same benefits apply after theft with violence of the vehicle.
• Transport/repatriation of the damaged or stolen vehicle (repair over 8 hours or over 3 days' immobilisation, or recovery after you have returned home): transport to your home; if repair would cost more than the vehicle's market value, legal abandonment and transport to the nearest scrapyard; board/lodging or safekeeping of the vehicle up to €160.
• Transport to collect the repaired vehicle (plane/first-class train/rental) for you or your nominee.
• Professional chauffeur to drive the vehicle and occupants home if serious illness, accident or death leaves you unable to drive and no other passenger can.
• Sending spare parts unavailable in the area (you repay the cost of the parts/customs at the trip's end); obtaining and sending copies of keys if lost/stolen.
• Abroad: legal defence after a road accident up to €1,250; advance of a criminal bail bond up to €6,100 (repayable within set periods); and a cash advance up to €1,550 if you are left without funds through theft, loss, illness, accident or breakdown (deposited beforehand at the insurer's office by a third party).

Not covered: restaurant/hotel costs except where provided; petrol, repairs, theft of luggage or the vehicle's built-in accessories; taxis (except as provided); hitch-hikers; and abandoned vehicles. Covered immobilisations include breakdown, accident, punctures, wrong/empty fuel and keys locked inside.

11.2 — Assistance to people

Available to the policyholder, spouse, offspring and cohabiting family, on all trips in Spain and abroad of up to 90 days:

• Medical transport/repatriation of the injured or ill by the most suitable means (special air ambulance in Europe/Mediterranean if needed), plus transport home once movable;
• repatriation of co-travelling insureds, and of minors or dependants if you are hospitalised or die;
• remote medical advice alongside the treating doctor;
• a family member's travel and hotel if you are hospitalised over 5 days; accommodation for other insureds; convalescence hotel up to 10 days;
• medical, surgical, pharmacy and hospital costs abroad up to €6,100 (dental limited to €300); sending of forgotten medication (you repay its cost);
• transport/repatriation of the deceased and accompanying insureds (funeral/burial not covered); early return on the death of a close family member (up to 2 tickets);
• search for and forwarding of luggage; sending forgotten objects (max 10 kg); transferring urgent messages; obtaining safe-conducts; transport of pets up to 75 kg; transport home if a claim occurs at your residence while abroad; and legal information abroad.

Not covered: medical/hospital expenses in Spain; chronic or pre-existing illness; suicide/self-harm or drug-related events; aesthetic treatment, glasses/lenses/prostheses, mental illness, births and pregnancies; competitive-sport and sea/mountain/desert rescues; non-prescribed pharmacy costs; and any medical/pharmacy expense under €30.

Article 12 — Replacement vehicle↑ top

Provided in Spain. If the insured vehicle is immobilised by breakdown, accident, fire or theft with violence (or an attempt), the insurer provides a Group C (or similar) rental vehicle:

• Breakdown — where repair exceeds 7 days, from the 7th day in the garage, up to 35 consecutive days;
• Accident — where repair exceeds 24 hours, from day 1, up to 35 consecutive days;
• Fire or theft with violence — from day 1 (or 24 hours after reporting a disappearance), up to 45 consecutive days.

Alternatively you may use a taxi service up to €30 per day for the same periods. This benefit cannot be combined with the replacement vehicle provided under fire/theft cover. Fuel, fines and extras are at your cost, vehicles are subject to availability and the rental company's terms (driver age and licence held), and the service must be requested through the 24-hour alarm centre. Sporting-competition use is excluded.

Article 13 — Risks excluded from all covers↑ top

In addition to each cover's own exclusions, the following is generally not guaranteed:

• damage from using the vehicle as an instrument to commit deliberate crimes against people or property;
• earthquakes, flooding, volcanic eruptions, uprisings, plundering, terrorism, civil or international war, or confiscation by authorities, and rebellions, brawls or riots (unless an immediate, direct consequence of an accident caused by the vehicle) — these fall to the Consorcio (Art. 33);
• damage from changes to the atomic structure of matter or its radioactive/thermal effects;
• damage when the driver is intoxicated or under the influence of alcohol, drugs, narcotics or psychotropic substances (above the legal limit, or where so found guilty). This exclusion does not apply only where all three of these are met: the driver is an employee of the owner, does not habitually drink/use drugs, and the insured is held vicariously liable through the driver's insolvency (for own-damage cover the first two conditions suffice). The insurer keeps a right of recourse against the driver, and the criminal-defence cover is unaffected;
• damage when the vehicle is driven by a person without the required licence or while disqualified (except the insured's theft-cover and criminal-defence rights);
• where the driver is guilty of failing in the duty to give aid (criminal defence excepted; the owner unaffected where the driver is an employee);
• events caused by theft with violence or larceny of the vehicle (unless theft cover applies);
• damage from industrial/agricultural machinery (tractors, harvesters, diggers, cranes, etc.) while performing its task rather than in transit;
• damage where the rules on number of passengers, weight/size of loads or how they are carried are breached and that is the main cause;
• damage from the vehicle's participation in wagers, challenges, races or contests or their trials;
• transit through areas not authorised for traffic; while on port or airport premises; or while carrying flammable, explosive or toxic materials;
• damage before payment of the first premium, or while cover is suspended/terminated for non-payment;
• any damage classed as an extraordinary risk under current legislation.

The insurer is always released from paying where the claim is caused by the bad faith of the insured or an authorised driver, or where there is deliberate misrepresentation or simulation in the claim report.

Article 14 — Territorial scope of the insurance↑ top

Voluntary liability, own damage, fire, theft, window breakage, legal defence, damage claims, and the personal-accident covers (passengers, and driver with sum + annuity) apply throughout the European Economic Area, the states that signed the Multilateral Guarantee Agreement, and Morocco. Mandatory liability applies in Spain to the legal limits, and abroad within the EEA/agreement countries to the local mandatory limits (or the Spanish limits where these are higher). For territories not covered, a green card is required. The licence-suspension subsidy, roadside assistance and replacement-vehicle covers follow their own articles' scope (Arts. 10, 11 and 12).

Article 15 — Formation, execution and period of cover↑ top

The application/questionnaire completed by the policyholder, the insurer's proposal where applicable, and this policy form a single whole — the basis of the insurance — covering only the property and risks specified, within the agreed limits. A mandatory-insurance application gives 15 days' cover from acknowledgement (acknowledged when the applicant receives a stamped copy); the insurer may reject it in writing within 10 days (and is then owed the premium for those 15 days), and must send the policy within 10 days of acceptance. The contract is executed by consent on subscription of the policy or provisional cover document; unless otherwise agreed, cover and any change to it do not take effect until the premium is paid. If the policy differs from the proposal, you have one month to ask for it to be corrected. Cover starts on the date/time in the schedule and, on expiry, renews for one year and so on; either party may oppose renewal with two months' written notice. The premium is generally reviewed each year on equity/adequacy principles using technical-actuarial studies and any change in risk, cover or claims history.

Articles 16–20 — Declarations & changes in risk↑ top

16. Declarations of risk. Before the contract you must declare all circumstances you know that may affect the assessment of risk (per the questionnaire); you are released if no questionnaire is required or the circumstance is not on it. During the contract you must report, as soon as possible, any increase in risk of a kind that would have changed the insurer's decision — including the declared drivers, the vehicle's characteristics and its use — and the existence of any other policies covering the same risk.

17. Increase in risk. On notice of an increase, the insurer may propose new terms within two months (you have 15 days to accept/reject) or terminate within one month. On termination for an increase, the insurer keeps the full premium if the increase is attributable to the insured, or refunds the unexpired part if it is not.

18. Not reporting an increase. If a claim occurs and the increase was not reported, the insurer is released only if you acted in bad faith; otherwise benefits are reduced in proportion to the premium difference.

19. False or misleading statements. The insurer may terminate within one month of learning of any concealment or misrepresentation; if a claim occurs first, benefits are reduced proportionally, or refused entirely where there is wilful misconduct or gross negligence.

20. Decrease in risk. You may report a decrease in risk and have the future premium reduced proportionally at the next renewal; if the insurer does not, you may terminate and be refunded the difference.

Article 21 — Transfer of ownership of the vehicle↑ top

You must tell the buyer in writing that the policy exists and notify the insurer (or its representatives) of a verified transfer within 15 days. The insurer may then terminate within 15 days of being notified, remaining bound for one month after notifying the buyer, with a pro-rata refund where it has not carried the risk. The buyer may also terminate within 15 days of learning the policy exists (the insurer then keeping the premium for the period started). The same rules apply on the death, receivership, bankruptcy or insolvency of the policyholder or insured.

Articles 22–23 — Payment of the premium↑ top

22. Payment. The first (or single) premium is due when the contract is signed; later premiums on their due dates. If payment is not due immediately, it may be delayed until cover begins. Unless the schedule states otherwise, premiums are payable at the policyholder's residence. If the first premium is unpaid through your fault, the insurer may terminate or enforce payment, and is released from its obligations if a claim occurs before payment. If a later premium is unpaid, cover is suspended one month after the due date; if the insurer does not demand it within six months, the contract is deemed terminated. While suspended, the insurer may demand only the current premium; if not resolved, cover resumes at midnight on the day the policyholder pays.

23. Direct debiting. Where direct debit is agreed, the premium is treated as paid on the due date unless it cannot be debited for lack of funds within the legal one-month grace period; the insurer then notifies the policyholder, who must pay at the insurer's office within a further month from receipt of the notice.

Articles 24–26 — Claims & payment of indemnities↑ top

24. Claims. Report a claim within 7 days of becoming aware of it and provide all necessary information; breach can forfeit the indemnity in cases of wilful misconduct or gross negligence (the insurer may also claim for damage from a late report). For own damage, the loss is verified and valued by mutual agreement; if no agreement is reached within 40 days, the legal settlement procedure applies; repairs are valued at real cost, total losses per each cover, and urgent repairs up to €200 may be done with the invoice submitted. For theft, report to the authorities and offer all means to recover the vehicle. For driver accidents, beneficiaries are in order spouse, then children, then heirs; on receipt of the required documents (medical certificate, death entry, identity/heir documents, tax certificate, etc.) the insurer pays within 5 days. For the licence subsidy and roadside assistance, the stated proof and the call to the assistance line are required.

25. Salvage obligation. The insured/policyholder/driver must use all available means to reduce the consequences of the claim; breach lets the insurer reduce its benefits according to the resulting damage and the degree of fault (or refuse them entirely if done to harm or mislead it). Reasonable salvage expenses are borne by the insurer up to the vehicle's actual cash value, even if unsuccessful.

26. Payment of indemnities. The insurer must pay immediately after the investigations and valuations are concluded, and in any event pay the minimum owed within 40 days of the report. If it is in default beyond 3 months (or fails to pay the minimum within 40 days), the indemnity carries annual interest of the legal rate plus 50%, accruing daily; after two years this interest is at least 20%.

Articles 27–29 — Subrogation, other insurance & recourse↑ top

27. Subrogation. Once it has paid, the insurer is subrogated — without further formality — to the insured's rights and actions against those liable (including other insurers), up to the indemnity; the insured must not prejudice this right. The insurer cannot subrogate against the insured's close relatives (to the third degree), adoptive parent or adopted child living with the insured, except in cases of fraud; where their liability is itself insured, subrogation is limited to that cover. Concurrent recoveries are split in proportion to interests. These rules do not apply to accidental death/disability cover, but do apply to healthcare cover.

28. Other insurance. Where two or more policies with different insurers cover the same risk and interest for the same period, you must inform each insurer; the insurers then contribute in proportion to their sums insured, never exceeding the value of the damage. Wilful omission of this notice releases the insurers in cases of over-insurance.

29. Recourse. Where the insurer must reject a claim after paying or guaranteeing it, it may sue the insured for the sums paid or which it was obliged to pay through a bond, and claim for any damage caused to it by the insured or policyholder in the cases set out in the policy.

Articles 30–32 — Termination, limitation & notices↑ top

30. Termination. On total loss of the vehicle, the contract terminates and the insurer keeps the unused premium for the current period (if you repair the vehicle, mandatory liability stays in force to the year's end). On disappearance of the vehicle and its de-listing at the Traffic Department, the contract likewise terminates. Termination does not change the parties' rights in respect of claims already declared.

31. Limitation. Actions under this contract are time-barred after two years (material-damage insurance) or five years (insurance for people), running from when the action could be brought.

32. Notices and jurisdiction. Notices to the insurer go to its registered office (or, with the same effect, to its agent); notices to you go to your stated address. A broker's notices on your behalf have the same effect as your own, but your express approval is needed to take out, modify or terminate the contract. The contract is governed by Spanish law, and the competent court is that of the insured's residence (the insured naming a Spanish address if normally resident abroad).

Article 33 — Indemnity clause: Insurance Compensation Consortium↑ top

Under the legal statute of the Insurance Compensation Consortium (Consorcio de Compensación de Seguros) (Royal Legislative Decree 7/2004, as amended), the policyholder of any insurance that includes the obligatory surcharge in the Consortium's favour may arrange extraordinary-risk cover with any qualifying insurer. The Consortium pays for losses from extraordinary events in Spain (and abroad for personal insurance where the insured is resident in Spain) when the surcharge has been paid and either the policy does not cover the risk or the insurer cannot meet its obligations (e.g. it is judicially declared bankrupt or wound up).

1. Covered extraordinary events

• natural phenomena: earthquakes and tidal waves, extraordinary floods (including wave action), volcanic eruptions, atypical cyclonic storms (gusts over 120 km/h and tornados) and falling meteorites;
• events caused suddenly by terrorism, rebellion, insurrection, riots and civil unrest;
• acts or actions of the Armed Forces or the Security Forces in peacetime.

2. Risks not covered

• those not giving rise to indemnity under the Insurance Contracts Act; losses to property insured under contracts without the obligatory surcharge;
• inherent defects or evident lack of maintenance; armed conflict (declared or not); nuclear energy (save direct damage to an insured nuclear plant);
• mere passage of time or ordinary wave/current action; certain ground-movement phenomena (rising water table, landslides, settlement, falling rocks) unless evidently caused by extraordinary flooding occurring simultaneously;
• commotions at lawful meetings, demonstrations or legal strikes (unless classed as extraordinary); bad faith of the insured; losses in the waiting period; losses before the first premium or while cover is suspended/terminated for non-payment;
• indirect damage or loss of profits beyond what the Extraordinary Risk Regulations define (e.g. from cuts in electricity, gas or fuel supply); and claims the government classes as a "catastrophe or national disaster".

3. Excess & scope

For direct damage to things (except cars, homes and their owner associations) the insured bears an excess of 7% of the indemnity; personal insurance has no excess. The cover applies to the same persons, property and sums insured as the ordinary policy — but for own-damage motor cover the Consortium guarantees the full insured interest even where the ordinary cover is only partial.

Procedure for a Consortium claim

Report the claim within seven days of becoming aware of it — directly or via the insurer/agent — to the Consortium's regional office for the place of the claim, or by calling 902 222 665, using the form at www.consorseguros.es. Preserve the wreckage for expert appraisal (or document it with photographs, notarised documents, videos or certificates), keep relevant invoices, and take all steps to reduce the damage. The Consortium values the loss independently of any valuation by the insurer of ordinary risks.