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GENERAL TERMS AND CONDITIONS

 
This document contains the General Terms and Conditions for the Policy You have subscribed to. Any ‘Bold’ text that You come across in this document has been defined in section C. Definitions.


Your
Policy is made up of Your Policy Schedule and these General Terms and Conditions, both of which you will receive by email upon the purchase of this Tyre Insurance policy. These can also be accessed at any point in time via the My Account area after Your purchase.

This Product is being sold by PSA Insurance Solutions Ltd, via its online platform. PSA Insurance Solutions Limited is an Agent acting for PSA Insurance Ltd.

Your Policy Schedule provides details of Your cover, the Tyres You have chosen to insure and when the cover will begin and end. Please make sure that at any point in time the details are correct.

Please read this Policy carefully and make sure You understand and fully comply with its terms and conditions as failure to do so may jeopardise the payment of any claim which might arise and could lead to the Policy becoming void.

Tyre Insurance is an all risks insurance, meaning that You are covered for any cause resulting in the insured event described in Section D. What are You covered for, except for those events specifically excluded in section F. What is NOT covered and in section G. General Exclusions list of this Policy.

The policy You have subscribed to is effective from the date You clicked on “Accept and Subscribe” and You are covered for the Period of Insurance stated in Your latest Policy Schedule.


PSA Insurance Limited: The Insurer, 
a company authorised by the Malta Financial Services Authority to carry on business of insurance under Registration no. C44567 and operates in France through the freedom of services regime. Registered Office: MIB House, 53, Abate Rigord Street, XBX1122 Ta’ Xbiex, Malta.

AND

You: The subscriber and Insured Person named in this Policy and who has satisfied all the following Eligibility Criteria required during the subscription process:

  • You have bought new Tyres within the last 30 (thirty) days of purchasing this Policy;
  • You are a resident in France;
  • If the Tyre/s will be or are fitted on a vehicle for private use.
C. DEFINITIONS
 

The words or expressions detailed below have the following meaning wherever they appear in this Policy and will appear in Bold.

Accidental Damage: Means any total or partial damage to the insured Tyre/s, caused by external means and which inhibits their use. Theft and Vandalism are also included.

Agent: Means PSA Insurance Solutions Ltd., a company authorised to act as an Insurance Agency for PSA Insurance Ltd. and carry on insurance intermediation in France under the freedom to provide services provisions, by the Malta Financial Services Authority (MFSA) under Registration no C83206. Registered Office: MIB House, 53, Abate Rigord Street, XBX1122 Ta’ Xbiex, Malta.

Alloy Wheel/s: The Alloy Wheels that are of original specification of Your vehicle and that were present on Your vehicle at the time You purchased the vehicle.

Claim Limit: Is the maximum amount that You can be compensated for under this Policy. These are explained in Section E. What is Your Claim Limit and where applicable shown on Your Policy Schedule.

Cooling off Period: Means the period of thirty (30) full calendar days from the Effective Date or from the day You receive Your Policy, if this is provided after the Effective Date, during which you can cancel Policy without having to explain Your reasons, subject that You have not made any claims during the said thirty day period.

Effective Date: The date from which this Policy has become legally binding for all parties.

Eligibility Criteria: Refers to the set of requirements that need to be in place for You to subscribe to and benefit from this Policy.

Geographical Limits: Means the area in which this Policy is providing You cover as described in Your Policy Schedule.

Insurance Policy: Refers to Your Policy Schedule/s and these General Terms and Conditions.

Insurance Premium: This is the price You paid for the cover provided under this Policy including any taxes/fees due to the respective authorities in the country where this Policy is purchased. The Insurance Premium is shown on Your Policy Schedule.

Insured/You/Your: Means the person named in the Policy Schedule.

Insurer/We/Us/Our: PSA Insurance Limited, Reg; C44567 is a limited liability company under Maltese law, having its registered address at: MIB House, 53 Abate Rigord Street, Ta’ Xbiex, XBX1122 Malta.

PSA Insurance Limited is authorised to carry on business in terms of the Insurance Business Act, and authorised to carry on Insurance business in France under the freedom to provide services provisions by the Malta Financial Services Authority (MFSA, Notabile Road, Attard BKR 3000, Malta).

My Account: Means the secure area on the website www.psa-insurance-solutions.fr, which You may access by entering a user name and password. It contains Your Policy, together with any other documents for the administration of Your Policy.

Period of Insurance: Means the dates between which this Policy is in force as highlighted in Your Policy Schedule.

Policy Schedule: Means the document containing the details related to this Policy based on the information You provided.

Repair Costs: Means the reasonable cost of any tyre repair, that could include supplies, internal and external examination, Tyre Dismounting / Mounting on the rebar, tyre Alignment, Balancing and equilibrium, and the cost of the replacements required to complete a repair under this Policy. The extent cover depends on the option chosen during subscription which is shown in the Policy details section of Your Schedule.

Repairer: Means a professional trade expert in Tyre and/or Alloy Wheel Repairs.

Replacement Tyre: Means a tyre of the same specifications as the tyre needing replacement and listed in Your Policy Schedule. Replacement Tyre is not automatically insured and a new policy will be required if You want to insure it.

Tyre/s: Means any tyres of any brand fitted to the insured Vehicle as per the manufacturer’s specification, that You have bought for private use and as new ,within the last thirty (30) days of purchasing this Policy, as defined in Schedule of this Policy.

Unutilised Share of Premium: Is equal to Your Insurance Premium including any taxes, fees and parafiscal charges, which You have already paid multiplied by the Number of remaining days covered by Your latest payment and then divided by the total Number of days covered by Your latest payment.

D. WHAT ARE YOU COVERED FOR

E. WHAT IS YOUR CLAIM LIMIT

F. WHAT IS NOT COVERED

 

Depending on the level of cover chosen during subscription We will cover the following costs resulting from Accidental Damage:

Your compensation under this Policy will be subject to:

 
 

We will NOT cover You if/for:

 
 

D.1. Tyre/s Replacement cost, if Your Tyre is economically or technically irreparable.

This is extended to an additional Tyre set on the same axle, and insured under this Policy; in the event that the difference between wear and tear of the mentioned additional Tyre and the Replacement Tyre, goes against the road safety rules of France.

D.2.  Tyre/s Repair costs.

D.3.  Alignment, Balancing and Mounting costs.

D.4.  Alloy Wheel repair costs including skimming.

E.1. The limit of indemnity of 150€ per Replacement Tyre for D.1.

E.2. If the Accident occurs after 30 days from the date of purchase of the Policy We will take into account a 25% depreciation from Your indemnity for wear and tear.

E.3. The limit of indemnity of 30€ per Repair of each Tyre for D.2.

E.4. The limit of indemnity of 250€ per Tyre for D.3.

E.5. The limit of indemnity of 150€ per Tyre for D.4.


F.1. See section G. General Exclusions.


















We will not cover the costs resulting from any Accidental Damage caused by or resulting from:

G.1. Car Accidents;

G.2. Badly mounted Tyres;

G.3. Improper use of Tyres;

G.4. Wear and tear and Corrosion;

G.5. Racing or sporting activity;

G.6. Your Negligence and/or deliberate actions;

G.7. Manufacturing defects;

G.8. War, Strikes and civil commotion and from a Natural catastrophe.


Additionally, we will not cover You:

G.9. For Repair costs unless You are subscribed to Options 2 or 3 of this Policy;

G.10. For Alignment, Balancing and Mounting costs and Alloy Wheel Repairs costs unless You are subscribed to Option 3 of this Policy;

G.11. Any other financial loss or damage you may suffer following damage to the Tyre/s or Alloy Wheels;

G.12. If Your Tyre/s or Alloy Wheels are damaged by an event deemed not to be Accidental;

G.13. If You cannot provide proof of the destroyed Tyre.


You
must comply with the following instructions to have the full protection of Your Policy. If You do not comply with them, We may refuse to deal with Your claim.

H.1. In the event of an Accidental Damage, please contact the Insurer to report Your claim via the online claim notification form accessible via this link: www.psa-insurance-solutions.fr.


H.2. You must report Your claim within ten (10) days from when You incur the damages.

H.3. You must provide the Insurer with the following documents:

H.3.1. A copy of the original receipt/s of purchased Tyre/s;

H.3.2. A copy of the original receipt/s of the replacement Tyre/s;

H.3.3. An attestation from a Repairer stating that/whether:

    • Tyre cannot be repaired in the event of a replacement claim;
    • Bill of repairs in the event of a repair claim for Tyre/s and or Alloy Wheels if claiming for Alloy Wheel repairs under Option 3;
    • Possible cause of damage and nature;
    • There is the need (or otherwise) of the replacement of the second wheel on the same axle, also signed by the client.

H.3.4. Photos of damaged Tyre/s and/or Alloy Wheels showing also serial number.

Prior to the acceptance of any Claim under this policy, We reserve the right to request any additional document deemed necessary to verify your claim.

H.4. We hereby undertake to pay You the indemnity to which You are entitled within thirty (30) days of the date of receipt of the notification, provided that You have furnished us with all the supporting documentation required in list H.3 above, and that Your claim is covered.

I. GENERAL CONDITIONS
 
I.1. Duty of Care
 
You must take reasonable precautions to avoid further damage in the event of an Accident.
 

I.2. Servicing Requirements

All reasonable steps must be taken to avoid any Accidental Damages to Your Tyres and/or Alloy Wheels.

I.3. Fraud

You must not act in a fraudulent manner. If You, or anyone acting for You:

  • Make a claim under the Policy knowing the claim to be false, or fraudulently exaggerated in any respect; or
  • Make a statement in support of a claim, knowing the statement to be false in any respect; or
  • Submit a document in support of a claim, knowing the document to be forged or false in any respect; or
  • Make a claim in respect of any loss caused by Your wilful act, or with Your connivance.

Then:

  • We shall not pay the claim;
  • We shall not pay any other claim which has been made or will be made under the Policy;
  • We may at Our option declare the Policy void;
  • We shall be entitled to recover from You the amount of any claim already paid under the Policy;
  • We shall not make any return of Insurance Premium;
  • We may inform the police of the circumstances.

 I.4. Duty of Disclosure

The Policy has been issued based upon information, which You have given Us about Yourself, and Your Tyres. You have a duty to tell Us of any change to this information as failure to do so may invalidate Your cover under this Policy [1]. We will then advise You of any change in terms. You must notify Us of any change in the information You provided to us within ten (10) days of You becoming aware of the change.

I.5. The Law Applicable to this Policy

Unless some other law is agreed in writing, this Policy is governed by French law. If there is a dispute, it will only be dealt with in the courts of France.

 I.6. Statute of Limitations

All legal actions arising under an insurance contract are barred by limitation of two (2) years after the event that gave rise to them [2]. The limitation is dictated by the Law in France and as such neither We nor You can change the term or the causes of suspension to this period.

However,

I.6.1. In case of non-disclosure, an incomplete declaration, misrepresentation or an inaccurate declaration from Your part concerning the risk insured, this time period shall run from the date on which We became aware of this.
 
I.6.2. In case of a claim, this time period shall run only as from the date on which the We/You became aware of the same, if We/You can prove that they were unaware of it until such time.

Where Your action against the Insurer is the result of a right of remedy exercised by a third party, the limitation period shall run as from the date on which the said third party brought legal action against You or was compensated by the Insurer.

The limitation period is interrupted by any of the ordinary causes of interruption of the limitation period. The limitation period may also be interrupted by the dispatch of a registered letter with acknowledgement of receipt or email, forwarded by the Insurer to the Insured where it concerns action for payment of the Insurance Premium, and by the Insured to the Insurer where it concerns payment of the indemnity.

 

You/ We may terminate or cancel Your Policy in the following cases:

How and what will We be refunding You

K.1. You may cancel Your Policy during the Cooling-off period. 

Complete the form in the queries section of the website: www.psa-insurance-solutions.fr or send a registered letter within thirty (30) days from the Effective Date or from the day You receive Your Policy, if this is provided after the Effective Date, during which you can cancel your Policy without having to explain Your reasons. Here is an example of what You can write to request the cancellation:

“I the undersigned [First Name and Surname], resident at [Address], hereby declare that I wish to cancel, the insurance policy [Policy Number].

Date [Please complete] Signature [Your signature]"

Provided that You have not reported any claims We will refund You Your Insurance Premium.

K.2. You may terminate Your Policy at any time in the future and for any reason during the Period of Insurance.

Complete the form in the queries section of the website: www.psa-insurance-solutions.fr.

Provided that You have not reported any claims We will refund You, within thirty (30) days, the proportionate unutilised share of Your Insurance Premium.

K.3. We may cancel or Terminate Your Policy in the event that You have intentionally or unintentionally undisclosed or misrepresented information about the risk to Us.

Your Policy will be declared null and void in case of intentional non-disclosure or misrepresentation on Your part, whenever such non-disclosure or misrepresentation changes the subject of the risk or causes Us to view the same less favourably, even if the risk which You failed to disclose or misrepresented had no influence on the loss [3].

In case of any unintentional incomplete or inaccurate declaration on Your part noticed prior to any loss, We reserve the right to either retain Your Policy in return for an increase in the Insurance Premium, or to terminate Your Insurance Policy ten (10) days after notice has been given by means of registered letter, refunding the portion of Insurance Premium paid for the period of time in which Your Insurance Policy is no longer in force [4].

K.4. We may Terminate Your Policy in the event that You do not pay part or all of Your Insurance Premium [5].

We reserve the option of sending You a registered letter giving formal notice of the suspension and the termination, and if the Insurance Premium due is still not paid:

  • Within fifteen (15) days from the dispatch of this formal notice, we may suspend this Policy; and then
  • Fifteen (15) days after this suspension, We may terminate Your Policy.

If You pay Your Insurance Premium during the suspension period Your Policy will be reinstated at 12:00 a.m of the day after we are in receipt of Your Insurance Premium.

K.5. We may terminate Your Policy in the event that there is a direct or indirect disclosed change in risk which is not compliant with the Eligibility Criteria of this Policy.

We will send You a notice of termination within thirty (30) days from receipt of Your disclosed change request.

Provided that You have not reported any claims We will refund You within thirty (30) days the proportionate unutilised share of Your Insurance Premium.

 
This Policy is subject to French law. 
 
For any request related to this Policy, You may contact Us by using the form accessible in the complaints section of the website: https://www.psa-insurance-solutions.fr/complaints

We hereby undertake to acknowledge receipt within ten (10) working days and to deal with Your complaint within fifteen (15) days of receipt of all the documents necessary in order to examine the same.

If You are not satisfied with the response given by Us to Your complaint, You may:

  • Refer the dispute in writing to the Office of the Arbiter for Financial Services (OAFS) on http://financialarbiter.org.mt/en/Pages/Home.aspx and submit the forms explained in the above mentioned website.
  • Refer the case to the Autorité de Contrôle Prudentiel et de Résolution situated at 4 Place de Budapest, CS 92459, 75436 Paris Cedex 09 or,
  • Ask for the opinion of the Insurance Mediator, which is an outside, independent stakeholder, by writing to the following address: The Insurance Mediator, TSA 50 110, 75441 Paris Cedex 09.

At any point in time, You retain the right to refer any dispute related to this Policy to the French courts.

 

During the online subscription, You consent and agree freely and without reservation to the personal data process done by Us.

We inform You that Your data is collected and processed by PSA Insurance Limited, identified as Data Controller, for the following purposes: (i) the conclusion, management and execution of Your insurance contracts, (ii) the fight against money laundering (iii) combating insurance fraud, and (iv) analysing Your data and cross-referencing it with those of our partners to improve our products and services. The recipients are PSA Insurance Solutions, PSA Insurance Manager and PSA Services.

Your data, which is kept for the duration necessary for this processing which will not exceed 10 years starting from the final Expiration Date or the last communication with the client depending on which event occurs last.

We inform You that, when taking out an Insurance Policy, the answer to certain questions is mandatory. In the event of false declarations or omissions, the consequences for You may be the nullity of Your contract or the reduction of the indemnities paid.

You have the right to access, rectify, delete and Your data, a right of portability of Your data, as well as a right of limitation and opposition to processing. You may exercise Your rights by sending an email to psainsurance-privacy@mpsa.com or by writing to Data Protection Officer, PSA Insurance, 53, MIB House, Abate Rigord Street, Ta’ Xbiex, XBX1122, Malta.

You also have the right to lodge a complaint with the competent national supervisory authority.


The conclusion of the Insurance Policy on the website www.psa-insurance-solutions.fr represents the supply of a service consisting of a remote insurance transaction [6].

A service consisting of a remote insurance transaction is said to have been supplied whenever insurance transactions are supplied to an Insured, who is a natural person not acting in any commercial or professional capacity, as part of a system for remote selling or provision of services organised by the Insurer or insurance intermediary who, for this particular Policy, uses remote communication technology only, and this up until, and inclusive of, the conclusion of the Policy.

This Policy was purchased on PSA Insurance Solutions Ltd. website following Your review and acknowledgement of all the necessary pre-contractual information.

By choosing to purchase the Policy online, You agree to use electronic means for the conclusion and maintenance of Your Insurance Policy [7]. 

To connect to Your My Account area, You must use the user name that You selected and Your password. It is up to You to ensure that this information remains confidential and to safeguard the security of Your account. To do so, You must keep this information confidential, log off after every session and change Your password regularly.

Furthermore, by agreeing to an electronic relationship, You have expressly agreed to the receiving correspondence from Us by email. The email address that You gave may be used for the dispatch of such letters. Thus, You undertake: (i) in case You change Your email address, to inform us as soon as possible by changing Your personal contact details in Your My Account area; (ii) to regularly check the messages sent to this email address.

We shall moreover maintain the electronic documents for the entire statutory document maintenance period. You may therefore, during this period, ask us to forward these documents in electronic format to You by contacting our services CustomerServices-fr@mpsa.com.

Documentary evidence agreement

You hereby acknowledge:

  • That the receipt of Your Policy in an electronic email sent to the email address that You have provided, indicating the fact that Your Policy was signed electronically, and have been made available in My Account area is the equivalent of the submission of the said documents.
  • That the fact that the documents are downloadable in PDF format and printable means that the character of the medium thus communicated meets the criteria of integrity and durability as required by law.
  • That the identification resulting from the declaration of Your identity, address and email address equates to identification [8].
  • That in case of any dispute, the data transmitted by You and the electronic certificates and signatures or exploitation of the log used in the context of the digital services are admissible to the courts and will provide evidence of the data and facts that they contain and of the signatures and authentication procedures expressed by them;
  • That in case of any dispute, the time stamps or exploitation of the log are admissible to the courts and provide evidence of the data and facts that they contain. Evidence of the connections made by You and of other elements of identification or actions taken by You will be established as and when necessary with the aid of the connection logs kept by the Agent and of the computer records retained for such purposes.

You hereby expressly acknowledge the fact that by having clicked on the buttons “VALIDATE” and on "ACCEPT and SUBSCRIBE":

  • You provide Your consent to the contents of Your Policy.
  • Is the equivalent of an electronic signature.
  • You confer the same legal value to Your Policy, as a document signed by hand [9].
[1] In accordance with Article L. 113-16 of the French Insurance Code.
[2] In accordance with Articles L. 114-1 to L. 114-3 of the French Insurance Code.
[3] In accordance with Article L. 113-8 of the French Insurance Code.
[4] In accordance with Article L. 113-9 of the French Insurance Code.
[5] In accordance with the provisions of Article L. 113-3 of the French Insurance Code.
[6] As defined in Article L. 112-2 of the French Insurance Code.
[7] In accordance with Article 1126 of the Civil Code and with Article L100 of the Postal and Electronic Communications Code.
[8] Pursuant to Article 1366 of the Civil Code.
[9] In accordance with Articles 1366 and 1367 of the Civil Code.
FR2XCOMP01
© PSA Insurance Solutions
PSA Insurance Solutions Ltd Reg No: C83206 is a limited liability company under Maltese Law, having its registered address at: MIB building 53 Abate Rigord Street Ta’ Xbiex Malta, Tel + 356 22 58 34 92. The company is enrolled to act as an insurance agent in terms of the Insurance Intermediaries Act, 2006 by the Malta Financial Services Authority (MFSA), Notabile Road, Attard BKR 3000, Malta.
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