Cooling off period
Time to reconsider after You apply
If having applied for this insurance you decide that you do not want the insurance after all, simply return this document to the claims administrator together with your request in writing, within 14 days of purchasing the insurance, and all cover will be cancelled and your premium refunded in full.
The words and phrases defined below have the same meaning wherever they appear in bold in this Certificate.
Insurer, We, Us, Our
This insurance is underwritten 100% by Lloyd’s Syndicate 5820. Registered Office: Sidcup House, 12-18 Station Road, Sidcup, Kent, DA15 7EX, UNITED KINGDOM. Registered in England number 04434499. The Lloyd’s Managing Agent for Lloyd’s Syndicate 5820 is Jubilee Managing Agency Limited. They are entered in the Register of Lloyd’s Managing Agents and regulated by the Financial Services Authority, entered under the FSA register under number226696.
The person who has purchased mobile phone insurance as described in this Evidence or a member of their immediate family over the age of 16 (mother, father, son, daughter, spouse or domestic partner) who permanently resides with them.
Master certificate holder – Phone Assure, c/o John Holman & Sons Limited, IBEX House, 42-47 Minories, London, EC3N 1DY.
Claims Administrator – Sheraton Services, 9 Grove Business Park, Atherstone-on-Stour, Stratford-Upon-Avon CV37 8DX Telephone:- 01789 451713.
Excess – the first £25.00 in respect of the first claim and £40.00 in respect of a second or subsequent claim.
Mobile Phone – the single cellular telephone insured by this Evidence and detailed in the Schedule, purchased by you and provided by a supplier approved by the master certificate holder, or any cellular telephone loaned to you by the master certificate holder, or approved retailer.
Period of Cover – one calendar month from the date cover is started provided the monthly premium is paid, after any free period, and continuing monthly thereafter for up to a maximum of five years.
Reasonable Precautions – all measures that it would be reasonable to expect a person to take in the circumstances to prevent or mitigate, damage or theft of your mobile phone.
Unattended – not within your sight at all times and out of your arms-length reach.
Motor Vehicle – any car, van, truck, lorry or public service vehicle (e.g. train, bus, taxi etc).
Your mobile phone is covered for
A. Accidental Damage
We will pay repair costs if your mobile phone is damaged as the result of an accident.
If your mobile phone is stolen we will replace it. Where only part or parts of your mobile phone have been stolen, we will only replace that part or parts.
Subject always to the terms and conditions within this Certificate.
If the mobile phone cannot be replaced with an identical mobile phone of the same age and condition, we will at our option replace it with one of comparable specification.
Limit of Liability
Our liability for any claim shall not exceed the maximum replacement value of your mobile phone, subject to a maximum of £500 including VAT.
You are not covered for
a) Unless reported to the local police authorities within 24 hours of discovering the theft for which you must obtain a crime reference number, lost property numbers are not acceptable in support of a claim for theft.
b) from any motor vehicle where you or someone acting on your behalf is not in the vehicle, unless all the vehicle’s windows, roofs and doors are closed and locked and all security devices have been activated and the mobile phone has been concealed in a:
• (Saloon Cars) – locked boot ; or
• (Hatchbacks) – concealed below rear parcel shelf ; or
• (Estate Cars) – spare wheel compartment ; or
• locked glove compartment or other locked internal compartment.
c) From your person or from under your control except where the use of physical force or violence against you has been used or threatened or is recorded as a crime by the police;
d) Where the mobile phone has been left unattended when it is away from your home.
e) Loss of your mobile phone
f) Where reasonable precautions have not been taken
g) from any building, land or premises unless force and violence, resulting in damage to the building or premises, was used to gain entry or exit.
2. Theft or damage caused by:
a) you deliberately damaging, misusing or neglecting the mobile phone;
b) you not following the manufacturer’s instructions;
c) routine servicing, inspection, maintenance or cleaning;
d) the use of accessories;
e) the serial or the IMEI or the ESN number having been tampered with in any way;
f) mechanical or electrical breakdown.
3. Repair or other costs for:
a) routine servicing, installation, inspection, maintenance or cleaning;
b) loss caused by a manufacturer’s defect or recall of the mobile phone;
c) replacement of or adjustment to fittings, control knobs or buttons, batteries or aerials;
d) repairs carried out by persons not authorised by us;
e) wear and tear or gradual deterioration of performance.
4. any other costs that are caused by the event which led to your claim, unless specifically stated in this Certificate.
5. The excess as defined in the Definitions section of this Certificate.
6. Theft or damage to accessories of any kind.
7. Any loss or damage caused by or attributed to the operation of a software virus or any other software based malfunction.
8. Loss or Damage if the original SIM card was not in the mobile phone at the time of the loss, damage or theft.
9. Costs or payments recoverable from any party, under the terms of any other contract, guarantee, warranty, or insurance.
10. Any legal liability directly or indirectly caused by or contributed to or arising from:
a. ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.
b. the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof.
11. Any loss or damage or liability directly or indirectly occasioned by, happening through or in consequence of war, terrorism, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
12. Any damage directly occasioned by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.
Conditions and Limitations
1. Whilst the parties to this insurance are free to choose the law applicable to it the Insurers propose the law of England and Wales and in the absence of any other agreement, the law of England and Wales will be used.
2. This insurance only covers a mobile phone bought and used in the United Kingdom. Cover is extended to include use of the mobile phone anywhere in the world up to a maximum of 60 days in total, in any single 12 month period, subject to any repairs being carried out in the United Kingdom by repairers approved by us.
3. You must provide us, the retailer or the claims administrator with any receipts or proof of purchase, that it is reasonable to be requested.
4. This insurance may only be altered, varied or its conditions altered or premium changed by one of our authorised officials, giving you 14 days notice in writing.
5. Either party may cancel the Certificate by giving you 30 day’s notice in writing to the other. There is no refund of premium when you cancel after the “cooling-off period” because premiums are paid month by month so you will have only paid for the cover you have already received.
6. This insurance is automatically cancelled:
a) if you do not pay the premium for this insurance;
b) if you submit a claim knowing it to be false, fraudulent or a misrepresentation.
7. You cannot transfer this insurance to someone else or to another mobile phone without our written permission. An administration charge may be made for this.
8. You must take all reasonable precautions to prevent any loss or damage.
9. This insurance will not be reduced by the amount of any claim unless we give written notice to the contrary.
10. Once cancelled for whatever reason this insurance cannot be reinstated.
Please comply with the following procedures to obtain authorisation with the minimum delay. Failure to observe these procedures may invalidate Your claim.
1. you must:
a) report the theft to the local Police Authority within 24 hours of discovery and obtain a crime reference number. Lost property reference numbers are not acceptable in support of a theft claim;
b) report the theft of the mobile phone, within 24 hours of discovery, to the Airtime Provider;
c) notify the claims administrator (Tel : - 01789 451713) as soon as possible but in any event within 48 hours of discovering an incident giving rise to a claim under this insurance. If you are abroad at the time of the incident you should notify the claims administrator within 48hours of returning to the United Kingdom. You will be sent a claim form.
d) complete the claim form and return to the claims administrator, within 28 days of notifying the claim, together with a cheque or Postal Orders for the excess;
e) provide the claims administrator with details of the claim and any other contract, guarantee, warranty or insurance that may apply to the claim including but not limited to household insurance. Where appropriate a representative proportion of the claim may be recovered direct from these contracts;
f) provide the claims administrator with such information as we reasonably request regarding the mobile phone and/or the incident giving rise to the claim including documentation supporting proof of forced and violent entry and a police crime reference number.
2. If your mobile phone is returned or found you must notify us and send it to us if we ask you to.
3. By signature of the application and/or claim form authorise the claims administrator to approach any party such as the Police or your Airtime Provider to obtain information regarding any incident giving rise to a claim under this Certificate.
4. If you make a claim, it may prejudice such claim if any information you supply is false, fraudulent or otherwise incorrect.
You must be in possession of the damaged mobile phone. You must notify the claims administrator
Tel : - 01789 451713
as soon as possible but in any event within 48 hours of discovering any incident giving rise to a claim under this insurance. If you are abroad at the time of the incident you should notify the claims administrator within 48hours of returning to the United Kingdom.
You will be sent a claim form. You should complete the claim form and return it within 28 days of notifying the claim to the claims administrator, together with a cheque or Postal Orders for the excess. They will arrange with you for the mobile phone to be returned for inspection for either repair or replacement.
DATA PROTECTION ACT 1998
It is understood by you that any information provided to the retailer, the claims administrator and us regarding you will be processed by the retailer, the claims administrator and us, in compliance with the provisions of the Data Protection Act 1998, for the purpose of providing insurance and handling claims, if any, which may necessitate providing such information to third parties. In addition the retailer will pass certain information to the claims administrator for the purpose of collection of your monthly premium by direct debit.
Financial Services Compensation Scheme
Lloyd’s insurers are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the Scheme if a Lloyd’s insurer is unable to meet its obligations to you under this contract. If you are entitled to compensation under the Scheme, the level and extent of the compensation would depend on the nature of this contract. Further information can be obtained from the Financial Services Compensation Scheme (7th Floor Lloyds Chambers, Portsoken Street, London E1 8BN) by phone on 020 7892 7300 and on their website at www.fscs.org.uk
All insurance documents and all communications with you about this insurance will be in easy to understand English. No language other than English will be used.
Premiums and Claims – Your Rights
When handling premium payments from you that are due to the insurers and when handling any claim you make, the administrator acts as an authorised agent of the insurers. This means that when you pay a premium to the administrator it is deemed to have been received by the insurers and that any valid claim you make is not deemed to have been settled by the insurers until you have actually received a repaired or replacement phone.
If you wish make a complaint about any aspect of your Certificate you should contact the Insurers. You can do this by contacting their appointed claims administrators. The Insurers have internal complaints handling procedures that are available on request.
In the event that you remain dissatisfied you can refer the matter to the Policyholder and Market Assistance, Lloyd’s Market Services at Lloyd’s. The contact details are:
Policyholder and Market Assistance
Lloyd’s Market Services
One Lime Street
Tel: 020 7327 5693
Fax 020 7327 5225
Complaints that cannot be resolved by the Complaints Department may be referred to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR. Tel 0845-080-1800. Further details will be provided at the appropriate stage of the complaints process.
This complaints procedure is without prejudice to your right to take legal proceedings.