TERMS AND CONDITIONS
TERMS AND CONDITIONS
regarding the electronic issuance of insurance policies ordered through the application of the company BAR Safety-Broker SRL
As a visitor to our website, please read the Terms and Conditions on the SafetyBroker app carefully. Your continued use of the website and the placement of your insurance quote request, processing and issuing of insurance policies, constitutes your agreement to these Terms and Conditions.
For all information on this site, the copyright is held by BAR Safety-Broker SRL. No material on this site or in this document may be reproduced in part, in whole or modified without the express consent of BAR "Safety-Broker" SRL, or the holder of this right.
Contents:
Legal data and general information about BAR Safety-Broker SRL
Notions.
Privacy policy regarding the processing of personal data.
Cookie information policy.
Insurance conditions.
Obligations of the insurer and the insured.
Placing the request for quotation online (and calculating the insurance premium).
Conclusion of insurance contracts.
Language of the insurance contract.
Payment of insurance premium and online payment conditions.
Other expenses related to the conclusion of the insurance contract.
Amendment, termination, cancellation and nullity of the insurance contract.
Complaints.
Changing the information in this document.
1. Legal data and general information about BAR Safety-Broker SRL
Name: Insurance-Reinsurance Broker "SAFETY-BROKER" SRL
Address: Republic of Moldova, Chisinau municipality, 21 Ioana Radu street, 3rd floor
email: info@safetybroker.md
tel./fax: (+373) 69-73-99-73 / (+373) 78-65-11-11 / (+373) 78-18-67-73
Tax code: 1013605002213
Administrator: Alina Sarbu
2. Notions.
2.1. General insurance concepts:
insurance activity - activity that consists mainly of: offering, negotiating and concluding insurance and reinsurance contracts, collecting premiums, settling claims, carrying out recourse and recovery actions;
insurance agent - natural person or legal entity carrying out professional activity based on the mandate granted by the insurer, having the right to conclude, in the name and on behalf of the insurer, insurance contracts with third parties, according to the conditions stipulated in the mandate contract, without having the status of insurer, non-insurer, bancassurance agent or insurance and/or reinsurance broker;
insurance - transfer of a possible risk, including the risk of financial loss and/or material damage, from the insured to the insurer, in accordance with the insurance contract;
insured - person who has concluded or for whom an insurance contract has been concluded with the insurer;
insurer (reinsurer) - legal entity registered in the Republic of Moldova which, under the law, holds a license to carry out insurance (reinsurance) activity;
supervisory authority – National Financial Market Commission;
insured event - insured risk, provided for in the insurance contract, the occurrence of which gives the insured the right to be indemnified or compensated by the insurer;
acquisition costs – costs incurred in concluding insurance contracts. They include both directly attributable costs, such as acquisition commissions and costs of opening a file or accepting insurance contracts in the portfolio, as well as indirectly attributable costs, such as advertising costs or administrative costs related to processing applications and issuing insurance policies;
insurance conditions – set of rules and conditions approved by the insurer for the purpose of regulating the underwriting of risks specific to insurance products and establishing legal relations between insurance subjects.
insurance contractor – person who concludes the insurance contract to insure a risk concerning another person and undertakes to pay the insurance premium to the insurer, without obtaining the status of insured;
deductible - part of the damage suffered by the insured, which is established as a fixed amount or a percentage of the insurance indemnity or the insured amount and which is provided for in the insurance contract;
gross written premium - premium calculated by the insurer (reinsurer) under an insurance (reinsurance) contract, before deducting any amounts from it;
risk - inconvenient, possible and future event that could affect the goods, work capacity, life or health of the person;
insured risk - phenomenon, event or group of phenomena or events provided for in the insurance contract which, once produced, may generate damage to the insured property or person. (In life insurance, the phenomenon of survival and the phenomenon of death fall within the notion of insured risk); reinsurance - partial or full transfer of risks underwritten by an insurer, called reinsured (cedant), to another insurer, called reinsurer (assignee), which, in turn, undertakes to recover a corresponding part of the insurance compensation granted;
2.2. Specific concepts of compulsory civil liability insurance for damages caused by motor vehicles:
motor vehicle accident - an unforeseen event, accidentally caused by one or more motor vehicles, which causes harm to persons and which may give rise to claims for compensation;
compulsory civil liability insurance for damages caused by motor vehicles (hereinafter referred to as compulsory motor liability insurance) - insurance contract, proven by the RCA insurance policy and/or "Green Card" insurance certificate, by which an insurer licensed, under the terms of this law, to practice compulsory motor liability insurance undertakes, based on a premium paid by the insured, to compensate for damages caused by a motor vehicle accident during the validity period of the insurance contract;
motor vehicle - self-propelled land mechanical system, except for one that travels on its own, for the transport of passengers, luggage and goods or that performs any other works and services related to transport - cars, buses, minibuses, trolleybuses, trucks, including specialized ones, motorcycles, tractors.
partial damage – damage to the vehicle to the extent that the reconditioning or replacement of the components and damaged parts is possible and the value of the damage actually incurred does not exceed 75% of the value of the vehicle on the date of the accident;
total damage – destruction or damage to the vehicle to the extent that the reconditioning or replacement of the components and damaged parts is no longer possible or where the value of the actual damage incurred exceeds 75% of the value of the vehicle on the date of the accident;
claims file - file that includes all the documents necessary to ascertain and resolve the insurance case;
injured party - any person entitled to receive insurance compensation for any damage or bodily injury caused as a result of a motor vehicle accident;
RCA insurance policy - compulsory motor third party liability insurance policy valid within the territory of the Republic of Moldova, which proves the conclusion of the compulsory motor third party liability insurance contract;
"Green Card" insurance certificate - international insurance document, issued on behalf of a national office, which certifies the existence of compulsory motor third party liability insurance valid outside the territory of the issuing country, in accordance with Recommendation No. 5 of 25 January 1949, adopted by the Road Transport Subcommittee of the Inland Transport Committee of the United Nations Economic Commission for Europe;
vehicle owner - the legal owner of the vehicle, as well as the person who owns the vehicle under a rental agreement, leasing agreement or other titles provided for by law;
damage - negative effect suffered by the injured natural person or legal entity following the occurrence of a risk covered by a compulsory motor third party liability insurance contract; General Regulations of the Council of Bureaux - official document, adopted by the Council of Bureaux in Rethymno (Crete) on May 30, 2002, which incorporates all the mandatory provisions governing the relations between the national bureaux of insurers in the member states of the International Insurance System "Green Card";
vehicle user - any person who drives the vehicle: the insured, the persons provided for in the insurance contract, other persons who drive the vehicle with or without the consent of the owner; in the context of driver training courses, the person who provides training in driving the vehicle is considered a user;
Bonus-Malus system - system of reductions and increases in the compulsory motor third party liability insurance premium granted based on insurance and damage history;
remaining value – the value of the parts of the vehicle that remain undamaged, can be dismantled and recovered in the event of total damage.
2.3. Other notions:
IP address - is a number used exclusively by all information technology equipment (routers, modems, computers, smartphones, etc.) that allows them to identify themselves and communicate with each other in a computer network;
electronic communication channel – mechanism through which a person can initiate a discussion with the insurer and receive responses, such as: official email, chat integrated into the site (tawk.to), official page on social networks and other applications or online messaging platforms accepted by the insurer;
bank card — credit or debit card, issued by a bank, constituting a non-cash payment instrument, which offers the holder the possibility of carrying out electronic settlement operations with monetary means;
cookies – special text files, kept by the website visitor's browser, stored on their device, which can be used to recognize visitors, to adapt the page to the previously displayed content and/or to implement the "shopping cart" system;
link – is a reference to a web page, through which the User of the web page is given the possibility of navigating from one page to another, to access the reference the User must click on the link provided;
offer - the price proposal and insurance conditions submitted by the insurer, through various communication channels, as a result of completing an electronic form, in written form or verbal request and providing by the applicant the data necessary to form the respective offer, including the provision of personal data;
online payment - performing electronic settlement operations of funds, with bank cards, by providing a unique link on the bank's secure web page.
electronic insurance policy – insurance policy issued by the insurer based on a written application or electronic request, as a result of the contractor/insured's agreement to these Terms and Conditions, payment of the insurance premium by electronic means of payment and transmission of the insurance policy to an electronic address indicated in the application/request;
website visitor – a natural person or a representative of a legal entity who, by electronic means, opened the website https://safetybroker.md/ to obtain some information, contact the company or initiate an online purchasing procedure; also considered a browser or user of the website.
3. Privacy policy regarding the processing of personal data.
The processing of personal data is carried out with the consent of the applicant after having read this document. BAR Safety-Broker SRL processes personal data in accordance with the provisions of LAW No. 133 of 08.07.2011 on the protection of personal data.
In the event of the incapacity or limited capacity of the personal data subject, consent to the processing of personal data shall be granted, in writing, by his/her legal representative. The insurance contract may only be signed by the legal representative.
By submitting personal data, the user agrees to their processing for the purpose of obtaining offers, contracts and insurance policies as well as other information or documents. If the User does not wish to provide his/her personal data online, through electronic communication channels, then he/she will contact the territorial offices directly to resolve the request. Users who do not wish to submit personal data through electronic communication channels cannot benefit from online and electronic offers and/or insurance services.
BAR Safety-Broker SRL obtains information about the IP address of the User's device. This information is not used to identify individuals.
In accordance with the provisions of art. 12–18 of Law no. 133 of 08.07.2011 on the protection of personal data, the subject of personal data has the right to information, the right of access to personal data, the right to intervention in personal data, the right of opposition of the subject of personal data, the right not to be subject to an individual decision, the right of access to justice.
BAR Safety-Broker SRL respects the confidentiality and security of personal data processing and the other provisions of LAW No. 133 of 08.07.2011 on the protection of personal data.
4. Cookie information policy.
The site https://safetybroker.md/ uses cookies, and accepting this document and continuing to browse and/or place an order represents your acceptance of the use of cookies.
5. Insurance conditions.
The insurance conditions of the insurer are binding on the insured if the contract expressly provides for their application and if they are set out in the text of the contract or on the back or are an integral part of the contract in the form of an annex. If the insurance conditions are presented in annexes to the insurance contract, the fact of the handing over of the annexes by the insurer to the insured shall be notified in the text of the contract.
The insured has the right to familiarize himself with the insurance conditions of the insurer, specific to the insurance products, before signing the insurance contracts. The issuance of RCA insurance policies and "Green Card" insurance certificates takes place on the basis of Law no. 414 of 22.12.2006 on compulsory civil liability insurance for damage caused by motor vehicles and other normative acts in force.
Specific insurance conditions for issuing a voluntary health insurance policy for citizens temporarily going abroad, electronically, are:
If at the time of placing the order and paying for the electronic insurance policy, the insured person is not on the territory of the Republic of Moldova, the insurer's liability begins after 72 hours, calculated from the date of receipt of payment, even if the insurance policy has entered into force.
Payment takes place via electronic means of payment or transfer.
The issuance of the electronic insurance policy takes place only after receipt of payment by the insurer.
The policy is sent via email and optionally via other electronic communication channels, to a recipient indicated by the contractor/insured.
The contractor/insured is obliged to confirm receipt of the insurance policy and the correctness of the information entered as a response through the same communication channel. Thus, recognizing the legal relationships based on the received insurance policy and the insurance conditions.
6. Obligations of the insurer and the insured.
Obligations of the insurer.
The insurer is obliged:
To inform the insured, in an appropriate form, of the insurance conditions;
To make the payment, upon the occurrence of the right of the insured or the insurance beneficiary to collect the insured amount or insurance compensation, within the term established in the insurance conditions;
To compensate the insured for the expenses related to avoiding the occurrence of the insured event or the timely limitation of damages subject to compensation;
To maintain the confidentiality of information about the insured and the insured persons, of which he became aware during the insurance process;
The law and the insurance contract may also provide for other obligations for the insurer;
Insurer's obligations:
The insured is obliged:
To inform the insurer, upon conclusion of the contract, of all essential circumstances relating to the size of the risk being insured;
To inform the insurer about other insurance contracts concluded on the respective object;
Pay insurance premiums on time;
To take actions dependent on him to avoid the occurrence of the insured event or to limit the damages caused by its occurrence;
To inform the insurer of the occurrence of the insured event as soon as he/she learns about it;
The law and the insurance contract may also provide for other obligations for the insured;
7. Placing the online quote request and calculating the insurance premium.
The online application is placed by filling out the specific form. The application can only be processed if the site visitor has read this document and has manually and consciously checked " I have read the terms and conditions and agree to them ".
Persons placing requests for offers have full capacity to exercise. The insurer has the right, prior to signing the insurance contract, to identify the contractor/insured who submitted the online request.
In order to calculate the insurance premium and possibly issue the insurance contract, the insurer's representative has the right to request other information not specified in the form.
The method of communication and completion of the application can be done in writing, through electronic methods of communication and correspondence or verbally.
The calculation of the insurance premium is carried out by the Insurer based on the applicant's request. Processing takes place through electronic systems and according to the tariffs approved by the Insurer.
8. Conclusion of the insurance contract.
To conclude the insurance contract, the insured submits a written proposal (application) to the insurer, including electronically, in which he indicates his own interest and that of the insurance beneficiary, or verbally declares that he wishes to conclude an insurance contract.
The insurance contract can be concluded in favor of several beneficiaries.
The insurance contract is concluded in written form.
The insurance contract consists of the contractor's application, the insurance policy issued by the insurer and the applicable general insurance conditions, as well as other contractual conditions included in the contract according to the law.
The provisions of p. 8.4 do not affect the right of the parties to draw up a single document that will include the entire insurance contract.
The insurance contract cannot be proven by witnesses, even if there is a beginning of written evidence.
Proof of the conclusion of the insurance contract also results from the submission of an insurance document, such as an insurance policy (certificate), from the request for payment of the premium or from the document stating that this payment has been made or from any document from which the fact of the conclusion of the contract emerges.
The insurer is obliged to deliver to the insured a copy, signed by him, of the insurance policy.
If the insurance contract, including RCA, is concluded using electronic means, and the person has not applied the advanced qualified electronic signature, it is presumed that by paying the insurance premium, the contractor has consented to the conclusion of the contract.
The insurance policy will indicate:
the name or designation, domicile or registered office of the contracting parties;
as the case may be, the name or denomination, domicile or registered office of the insured and/or beneficiary; the object of the insurance; the risks being insured;
the beginning and duration of the insurance period;
the insured amount and, if agreed, the part of the damage that the insurer does not compensate (deductible);
insurance premium, place and terms of payment;
other data, according to the law or agreement between the parties
The steps taken on the SafetyBroker application to conclude the insurance contract/policy by the User:
takes note of this document - "Terms and Conditions" and agrees to the processing of personal data,
provides additional information necessary for the submission of an offer by the operator BAR Insurance ING Broker SRL,
receives the insurance offer, grants acceptance for the received offer and the insurance conditions,
choose the payment method and make the payment,
receives a copy of the insurance contract/policy.
9. Language of the insurance contract.
The language used in legal relations between the insurer and the policyholder is the state language.
10. Payment of insurance premium and online payment conditions.
The insurance premium represents the amount that the insured is obliged to pay to the insurer, upon issuance of the insurance policy, in the manner and within the term provided by the insurance contract, in exchange for the insurer taking over the insured risk.
Payment of the insurance premium is made in full or in installments payable on the due dates provided for in the contract, at the headquarters of the insurer or its representatives, unless otherwise provided for in the insurance contract.
The insurance premium is paid in full for the entire insurance period specified in the RCA insurance policy and/or in the "Green Card" insurance certificate.
Proof of payment of the insurance premium lies with the insured, the document proving it being the cashier's check or payment order.
Online payment can be made through:
MAIBPAY secure module of BC "Moldova-Agroindbank" SA,
through the Payment Service Providers: "Qiwi-M" SRL, "BPAY" SRL. "MMPS COM" SRL
The operator BAR Safety-Broker SRL may request that the contractor submit the document confirming the online payment in order to optimize the time for issuing the insurance policy.
Through the VISA and MasterCard payment systems.
11. Other expenses related to the conclusion of the insurance contract.
The contractor does not bear any additional costs associated with concluding the insurance contract, except for the payment of the insurance premium.
12. Amendment, termination, resolution and nullity of the insurance contract.
The modification and termination of insurance contracts can be carried out based on a written request, submitted to the representative offices, territorial offices or the central office of BAR Safety-Broker SRL, by the contractor/insured or another person authorized to perform this act.
The insurance contract terminates in the following cases:
By law;
By resolution;
By nullity.
The legal termination of the insurance contract may occur:
by agreement of the parties;
upon the expiration of its term of action;
upon the insurer's fulfillment of its contractual obligations;
upon the liquidation of the contractor/insured legal entity or upon the death of the insured individual;
upon the liquidation of the insurer, in the manner established by legislation;
in other cases provided for by law.
Termination of the insurance contract:
The resolution represents the termination of the insurance contract, at the initiative of one of the parties, as a result of the non-performance of the contractual obligations by the other party.
The insurance contract may be terminated, at the request of the insurer or the contractor/insured, only if the opposing party does not honor its obligations under the contract or violates the law, respecting a 30-day notice period;
The insurer declares the termination by written declaration to the contractor even if another person has the status of insured or beneficiary of the insurance.
Upon termination of the insurance contract due to the extinction of the insured interest, the contractor/insured shall only owe that part of the premium corresponding to the duration of the risk. The insurer may charge an appropriate fee for the expenses and operations carried out for the conclusion of the insurance contract.
In the event of termination of the insurance, the insurer is only entitled to the premium attributable to the insurance period that actually ran before the date of termination. However, in the event of termination of the insurance, the insurer retains the premium for the entire insurance period, if an insured event has occurred.
If the termination occurred due to the unjustified non-performance of an obligation by one of the parties, the right of the other party to compensation for the damage remains unaffected. In particular, in this case, the insurer may request reimbursement or, as the case may be, may retain the management costs even if the insurance period has not run or has been suspended, and, under the conditions provided for in art. 942 of the Civil Code, may request late payment interest or penalty on the amounts to which it is entitled after the termination.
Upon termination of the insurance contract, the contractor is refunded the insurance premiums for the full months remaining until the expiration of the contract, minus the amount of the actual management expenses.
The parties may request the termination of the insurance contract in other cases expressly provided for by law, insurance conditions or contract.
The termination of the insurance does not extinguish the insurer's obligation related to an insured event occurring within the insurance period that actually ran before the date of termination.
The termination of the insurance contract concluded for a term of 12 months cannot take place, and the insurance premium for the remaining months cannot be refunded, if the insurance contract has produced legal effects for a period of at least 10 months.
The termination of external motor third party liability insurance contracts with an insurance period of less than one calendar month cannot take place.
Nullity of the insurance contract
The insurance contract is void in the cases provided for by the legislation in force of the Republic of Moldova, or if it was concluded:
a) under conditions that contravene the Law on Insurance and/or that disadvantage the insured person's situation in relation to the legislation in force in the Republic of Moldova;
b) with a person not authorized to conclude contracts on behalf of the insurer;
c) after the occurrence of the event for which the insurance contract provides for the payment of the insurance indemnity.
In the event of the absolute nullity of the insurance contract, the Insurer will refund to the Insured the insurance premiums collected, excluding management costs, only if the Insurer has not paid insurance indemnities based on the insurance contract declared null. The Insurer may claim compensation for the damage caused by the insurance contract declared null. The Insurer is not obliged to refund the premiums collected under the insurance contract cancelled on the grounds of fraud.
13. Complaints.
Any complaint can be officially registered by sending the text of the reasoned complaint to the email address info@safetybroker.md or be physically submitted to the legal address of BAR Safety-Broker SRL.
14. Changing the information in this document.
The information provided on this site is subject to change. BAR Safety-Broker SRL has the right to change the information or part of the information contained on this page without prior notice to the Users. The display on the website and the e Asigurari application of the new document is accompanied by information on the changes made. This document, as well as its amendments, are available to the User on the page https://safetybroker.md/ .
A User's use of the Site after making changes to the "Terms and Conditions" section is equivalent to familiarizing themselves with them, understanding and accepting them.
The published data has been updated:
Upon the emergence of SafetyBroker's new insurance products.
When updating SafetyBroker's insurance conditions.
Upon the emergence of new payment methods or updating the conditions of existing payment methods.
With the advent of new legislation or changes to existing legislation and regulations relating to insurance.
With the advent of new legislation or changes to existing legislation.