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JAGUAR INSURANCE SMART POLICY DOCUMENT THE ART OF PERFORMANCE

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Page 1: JAGUARINSURANCE - Car Care Plan · bookingprocess. Followingarepair,You mustcheckthatallworkhas beenproperlycompleted.Iftheworkhasnotbeen completedtoasatisfactorylevel,You mustcontact

JAGUAR INSURANCESMART POLICY DOCUMENT

THE ART OF PERFORMANCE

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This policy wording is evidence of a legally bindingcontract of insurance between You and Motors InsuranceCompany Limited (hereinafter known as the ‘Insurer’, ‘We’,‘Us’, ‘Our’).

Motors Insurance Company Limited is authorised by thePrudential Regulation Authority and regulated by theFinancial Conduct Authority and the Prudential RegulationAuthority under number 202875.

This can be checked on the Financial Services Register byvisiting the FCA’s website at www.fca.org.uk/register

This policy is administered by Car Care Plan Limited(hereinafter known as the ‘Administrator’).

CONTRACTUALAGREEMENT

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INSURANCE POLICYDOCUMENT1. DEFINITIONSThe following words or expressions will have the specificmeanings described below. They have the same meaningthroughout this document and appear in italics:

Administrator: Car Care Plan Ltd. Jubilee House,5 Mid Point Business Park, Thornbury, West YorkshireBD3 7AG.

Chip(s): A chipped area on the Vehicle up to a maximumof 1.5cm in diameter or 3mm in depth.

Claim Limit: The maximum number of claims that canbe made for repairs to Your Vehicle during the Period ofInsurance.

Consequential Loss: Any other costs which are directlyor indirectly caused by the event which led to Your claimunless specifically stated in this policy.

Cosmetic Repair: A repair technique suitable for repairingMinor Cosmetic Damage. A Cosmetic Repair involvesre-surfacing and re-finishing eligible damaged areas asclose as possible back to their original condition; howeverno repair will be identical to the original automotivefactory finish.

Endorsement Statements: Found in Your ValidationCertificate, that either show changes to the terms of Yourpolicy or terms that apply specifically to You.

Expiry Date: The date the insurance cover ends as shownon Your Validation Certificate.

Incident: The cause of the damage for which You aremaking a claim.

Insurer: Motors Insurance Company Limited. RegisteredOffice: Jubilee House, 5 Mid Point Business Park,Thornbury, West Yorkshire BD3 7AG. Registered inEngland; company number 02678367.

Introducer: The party, person or company who hasarranged this insurance on Your behalf.

Light Scratch: A scratched area on the Vehicle wherethe scratch is up to a maximum of 30cm in length or3mm in depth.

Minor Cosmetic Damage: A Chip, Minor Dent, LightScratch and/or Scuffed Bumper caused by a singleIncident, where the total damaged area is no larger than30cm in diameter or 3mm in depth and, in the case ofa Chip(s) is no larger than 1.5cm in diameter or 3mm indepth. Any one claim is limited to one Minor CosmeticDamage repair, unless in the case of multiple damagescaused by a single Incident where the total end to endsize of the furthermost points of the combined damagedarea is no larger than 30cm in diameter or 3mm in depth.

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Any repairs which are greater than these limits or areestimated to exceed four hours to complete will notbe considered to be Minor Cosmetic Damage and aretherefore not covered by this policy.

Minor Dent: A dented area on the Vehicle up to amaximum of 30cm in diameter or 3mm in depth.

Period of Insurance: The period specified on theValidation Certificate.

Premium: The total amount You have agreed to pay Usfor this insurance policy.

Proposal: The document or declaration that records theinformation You gave Us when You bought Your policyand which Your contract with Us is based on.

Repairer: The person or organisation who is authorisedand approved by Us to carry out the repair work to theVehicle.

Scuffed Bumper: A scuffed bumper up to a maximumof 30cm in diameter or 3mm in depth.

Start Date: The date the insurance cover commences asshown on Your Validation Certificate.

Territorial Limits: The United Kingdom, excluding theIsle of Wight and the Islands of Scotland (includingThe Shetlands, Orkneys, Inner Hebrides and OuterHebrides).Please note that this means the Isle of Manis also excluded.

Validation Certificate: This document will be providedto You when You take out this policy and will containdetails about You and the Vehicle upon which this policywill apply. It will also provide the effective Start Date andExpiry Date of the policy.

Vehicle: The Vehicle detailed on the Validation Certificatebeing under 10 years and having covered fewer than100,000 miles at the start of the policy.

We, Us, Our: Motors Insurance Company Limited.

You, Your, Insured: A private individual who is residentin the Territorial Limits and who has purchased aneligible Vehicle and has paid the necessary premiumunder this policy.

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2. ABOUTYOURPOLICYWe will provide cover under the terms, exceptions,conditions and any Endorsement of this policy, relatingto any Period of Insurance for which We have acceptedYour Premium, and You have made payment in full orhave entered into an agreement to pay Your Premium.

This contract is based on the Proposal (or any statementof facts or statement of insurance We prepare using theinformation You have provided), and any declarationYou make.

This policy gives full details of Your cover. You will alsoreceive a Validation Certificate which contains informationabout You, Your Vehicle, Your Period of Insurance andany Endorsement(s). This document together with YourValidation Certificate is Your policy and should be read asone document. Please read them both carefully and makesure that they meet Your needs.

If You have any questions, please contact the Introduceror the Administrator and they will help You.

Please keep all Your insurance documents in a safe place,as You will need them if You want to make a claim.

3. ELIGIBILITYYou are eligible for cover if at the Start Date of the policy:

• You are a private individual and the registered owner orkeeper of the Vehicle;

• You are resident in the United Kingdom, excluding theIsle of Wight and the Islands of Scotland (includingThe Shetlands, Orkneys, Inner Hebrides and OuterHebrides). Please note that this means the Isle of Manis also excluded;

• Your Vehicle has a standard paint colour or finishwhich IS NOT considered specialist, non-standard oran exclusive paint colour or finish. This may include butis not limited to self-healing paint, body wrap, chromeillusion paint, two tone paint, or matt finishes;

• Your Vehicle is less than 10 years old and has fewer than100,000 miles on the odometer.

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4. PERIODOF INSURANCECOVERThe Validation Certificate You have been provided withwill provide details as to when this policy commences (theStart Date). Expiry of Your policy will occur in the event ofthe following:

• The Expiry Date, as shown on Your ValidationCertificate;

• You, or anyone representing You, defrauds ordeliberately misleads the Insurer or the Administrator;

• Your Vehicle is sold or transferred to a new owner;

• The Claim Limit has been reached.

This policy is non-renewable and cannot be transferred.

5. COVERPROVIDEDWithin the Period of Insurance, We will provide a CosmeticRepair to Minor Cosmetic Damage to Your Vehicle upto the Claim Limit shown on Your Validation Certificate,subject to the terms and conditions of this policy.

Your Claim Limit is determined by the duration of thepolicy You have purchased, as follows:

• For a 12 month policy the Claim Limit is 6 claims;

• For a 24 month policy the Claim Limit is 12 claims;

• For a 36 month policy the Claim Limit is 18 claims.

Claims will be handled by the Administrator and therepairs will be carried out by Our approved Repairer,who will make all efforts to effect the repair to Yoursatisfaction. Please note that Our approved Repairer canonly carry out repairs within the Territorial Limits.

In the event that a Cosmetic Repair cannot be used torepair Minor Cosmetic Damage on the Vehicle under thispolicy, the policy will contribute up to a maximum of £150including VAT towards the cost of having a conventionalbody shop repair carried out whereby the Minor CosmeticDamage has been repaired as a result. This is subject tothe provision of an invoice from a VAT registered repairerfor the work carried out.

6. EXCLUSIONSYou will not be covered for Minor Cosmetic Damage:

6.1 that cannot be defined as a Light Scratch, Chip,Scuffed Bumper or Minor Dent or any MinorCosmetic Damage where a Cosmetic Repair isnot technically possible;

6.2 to horizontal flat surfaces, roofs, bonnets and boottops where the Repairer deems it not possible toachieve a satisfactory finish using Cosmetic Repairtechniques;

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6.3 to paint colours and finishes that cannot be suitablymatched by the Repairer. These include but are notlimited to specialist, non-standard and exclusivepaint colours and finishes, for example: self-healingpaint, body wrap, chrome illusion paint, two tonepaint finish or matt finishes;

6.4 to any body panel or part of a panel that has beendistorted, ripped, torn, or perforated;

6.5 caused by hail, rust, pitting or paintworkdiscolouration;

6.6 to stickers, decals, beading or moulding (includingprotective plastic), or that requires the removal ofthese items;

6.7 of any kind to wheels, wheel rims or wheel trims;

6.8 to locks and handles, accessories, door mouldings,window mouldings, lights or any window;

6.9 that requires replacement of any body panel or partof a panel;

6.10 reported to the Administrator more than 30 daysafter the Incident;

6.11 that in the opinion of the Administrator was incurredbefore the Start Date;

6.12 where it is discovered that this policy was purchasedmore than 30 days following the delivery date ofYour Vehicle;

6.13 where the number of Minor Cosmetic Damagesexceeds one per claim;

6.14 if You have not paid the Premium in full, or have nottaken out a Car Care Plan instalment agreement inorder to pay for this policy by instalments;

6.15 where the total number of claims made exceeds theClaims Limit;

6.16 where any repair work is carried out without priorauthorisation being given by the Administrator;

6.17 where Your Vehicle is located outside the TerritorialLimits;

6.18 where Your Vehicle is named on a contract hireor lease agreement (but not including personalcontract hire), used for commercial travel, or isa light commercial vehicle, emergency vehicle,delivery vehicle, panel van or vehicle exceeding3500kg. The following types of vehicles are alsoexcluded: motor cycles, scooters, three wheeledvehicles, kit-cars, quad bikes, caravans or motorhomes, trailers, boats, vehicles used for hire orreward (for example taxis, self-drive hire or driving

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schools), delivery courier or a vehicle used in anysort of rally, speed testing, 4x4 off-roading, racingor any kind of competition, trial or used for anypurpose in connection with the motor trade;

6.19 where Your Vehicle has SRS, Air Bag or other safetyfeatures built into the front or rear bumper, whereMinor Cosmetic Damage to these specific areaswill be excluded from cover. This is because theapplication of a Cosmetic Repair may affect theperformance of the technology in a collision;

6.20 where the loss is covered and claimed for under anyother insurance (other than when a Cosmetic Repaircannot be used to repair Minor Cosmetic Damageon Your Vehicle and the policy offers to contributeup to a maximum of £150 including VAT towards thecost of a conventional body shop repair);

6.21 for any liability to any other party;

6.22 for any Minor Cosmetic Damage caused by a thirdparty which caused bodily injury;

6.23 for any other costs that are indirectly caused by theevent which led to Your claim, unless specificallystated as covered in this policy;

6.24 which is the subject of fraud, false actions ordishonesty;

6.25 caused by nuclear substances or activity;

6.26 caused by war, civil commotion, labour disturbances,riot, strike, lockout, public disorder or any form ofterrorism;

6.27 if You do not have the Minor Cosmetic Damagerepaired.

7. HOWTOCLAIMIn all cases please adopt the following procedure:

• Check that the damage is covered by this policy(check ‘Cover Provided’ and ‘Exclusions’).

• Call the Administrator on 0344 573 8203 within30 days of the damage occurring.

You will need to supply the following information:

1. Your policy number (found on Your ValidationCertificate);

2. Your Vehicle registration number;

3. Full details of the damage to Your Vehicle when itoccurred and how the damage was caused;

4. Confirmation that the damage falls within theparameters described as Minor Cosmetic Damagewithin this document;

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5. Digital photo(s) to support Your claim. This will helpthe Administrator to assess Your claim. Your photoscan be emailed to [email protected].

Upon receipt of this information the Administrator willreview Your claim. If Your claim is covered by the policy,the Administrator will provisionally authorise Your claimand instruct the Repairer to contact You to arrange forthe damage to be repaired. If upon inspection by theRepairer it is deemed that for technical reasons theMinor Cosmetic Damage cannot be repaired using aCosmetic Repair technique, or the Vehicle is not eligiblefor cover, the Administrator reserves the right to declineYour claim at this stage. Only the Administrator can acceptor decline claims.

In order to make a claim for a maximum of £150 includingVAT towards the cost of a conventional body shop repair,where the Minor Cosmetic Damage cannot be repairedusing a Cosmetic Repair technique, the Administrator willrequire a copy of a valid receipt showing payment hasbeen made following the repair of the Minor CosmeticDamage. Upon receipt, the Administrator will reviewYour claim. If Your claim is covered by the policy, theAdministrator will arrange payment to You up to amaximum of £150 including VAT.

We reserve the right to settle a claim in cash in lieu ofYour Vehicle being repaired.

You must allow the Administrator or the Repairer accessto inspect Your Vehicle if required.

If Your repair is to be completed by the approved mobileRepairer they will need access to Your Vehicle in a safelocation where they can move around Your Vehicle,access to power may be required. If this isn’t possibleplease make the Repairer aware of this during thebooking process.

Following a repair, You must check that all work hasbeen properly completed. If the work has not beencompleted to a satisfactory level, You must contactthe Repairer immediately.

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8. CLAIMSCONDITIONSYou must comply with the following instructions to havethe full protection of Your policy. If You do not complywith them, We may at Our option cancel the policy orrefuse to deal with Your claim.

• You must report Your claim to the Administratorwithin 30 days following the Incident;

• Your Vehicle must be located within the TerritorialLimits at time of repair;

• You must use all reasonable care to maintain YourVehicle in a roadworthy condition and take allreasonable precautions to prevent or minimise lossor damage;

• You must give the Administrator true and completeinformation;

• You must agree to comply with the Administrator’sreasonable requests;

• You must follow the prescribed claims procedure asexplained in this document or by the Administrator’sclaims staff;

• You must advise the Repairer of any non-originalfinish areas on Your Vehicle. In the case ofincompatibility with a non-original finish We havethe right to decline a claim or void this policy;

• You must inform the Administrator if any of thedetails on the Validation Certificate are incorrect orhave changed.

9. CANCELLATIONANDCOOLINGOFFPERIOD

If this policy does not meet Your needs, You have 30days from the date You received Your policy documentsto cancel the policy and obtain a full refund. To cancelYour policy within this 30-day period please contact theIntroducer who sold You Your policy.

If You wish to cancel Your policy after this 30-day period,You can cancel at any time and receive a pro rata refund.To cancel Your policy please contact the Administrator bycalling 0344 573 8203 or by writing to:

Car Care Plan Limited, Jubilee House, 5 Mid Point BusinessPark, Thornbury, West Yorkshire BD3 7AG.

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The percentage refund will be calculated from the dateYour request to cancel is received. An administration feeof £20 will be deducted from the calculated amount priorto any refund being paid.

Please note that We will not give You a refund if You havealready made a successful claim on Your policy.

If You have paid for Your policy in cash, as opposed to aCar Care Plan Ltd instalment agreement, provided Youhave not made a successful claim, the Administrator willprovide You with a refund proportional to the length oftime the policy has been in force and is calculated usingthe policy start date. The amount of refund You receivewill be based on each full calendar month remaining onYour policy as a percentage of the original duration ofYour policy less an administration fee of £20.

If You have paid for Your policy by instalment paymentsthrough a instalment agreement with Car Care Plan Ltd,any refund amount owed to You will be calculated in linewith the following rules:

Where You have paid all the instalment payments,We will calculate the refund as above. The refund willbe paid directly to You.

Where You have not paid all the instalment payments,We will calculate the refund as above and:

• If the refund You are eligible for is in excess of thetotal outstanding instalment payments You oweCar Care Plan, We will pay the difference directlyto You; or

• If the refund You are eligible for is less than the totaloutstanding instalment payments You owe Car CarePlan Ltd, You will not receive a cash refund. Therefund will be applied as part payment of Your totaloutstanding instalment payments. You will continueto be responsible for paying the remainingoutstanding payments on Your instalment agreementwith Car Care Plan Ltd until the balance calculatedat the time of notice of cancellation received by theAdministrator has been settled.

We will not give You a refund if You have successfullyclaimed on Your policy.

Please allow up to 28 days for Your cancellation andrefund to be processed.

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10. HOWTOMAKEACOMPLAINTWe hope that You will be pleased with the serviceWe provide. In the unlikely event of a complaint, Youshould contact the Administrator in the first instanceon 0344 573 8203, or in writing to:

The Customer Services Manager, Jaguar SMART, JubileeHouse, 5 Mid Point Business Park, Thornbury, WestYorkshire BD3 7AG.

Or email Us at [email protected].

If it is not possible to reach an agreement, You alsohave the right to ask the Financial OmbudsmanService to review Your case. The right to apply to theOmbudsman must be exercised within six months ofthe date of Our final decision. For more informationYou can visit the Financial Ombudsman Service website:www.financial-ombudsman.org.uk or write to:

The Financial Ombudsman Service,Exchange Tower, London E14 9SR.

Telephone: 0800 023 4567 or 0300 123 9123

We abide by the Motor Industry Vehicle WarrantyProducts Code of Practice which can be foundon The Motor Ombudsman website atwww.TheMotorOmbudsman.org.

The Motor Ombudsman will offer free impartialinformation and if appropriate an alternative disputeresolution process in the event that you are not satisfiedwith the outcome of a concern.

For further information, You can visit The MotorOmbudsman website at www.TheMotorOmbudsman.orgor call their Information Line on 0345 241 3008.

This complaints procedure is in addition to Your statutoryrights as a consumer. For further information about Yourstatutory rights contact Your local authority tradingstandards service or Citizens Advice Bureau.

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11. GENERALCONDITIONSTHATAPPLYTOTHISPOLICY

GOVERNINGLAWThis policy is subject to English Law unlessotherwise agreed.

LANGUAGEAll communication between You and Us will be conductedin English.

We may record telephone conversations to offer Youadditional security, resolve complaints and improveservice standards. Conversations may also be monitoredfor staff training purposes.

For policyholders with disabilities the Administrator isable to provide, upon request, audio tapes and largeprint documentation. Please advise the Administratorif You require any of these services to be provided sothe Administrator can communicate with You in anappropriate manner.

FINANCIALSERVICESCOMPENSATIONSCHEMEMotors Insurance Company Limited is covered by theFinancial Services Compensation Scheme (FSCS). Youmay be entitled to compensation from the scheme if theInsurer is unable to meet its obligations. This depends onthe type of business and the circumstances of the claim.Insurance advising and arranging is covered for 90% ofthe claim amount, without any upper limit.

For further information about the scheme (including theamounts covered and eligibility to claim) please refer tothe FSCS website www.FSCS.org.uk or call 0800 6781100 or 0207 741 4100, or write to: Financial ServicesCompensation Scheme, 10th Floor Beaufort House,15 St Botolph Street, London EC3A 7QU.

PRIVACYANDDATAPROTECTIONNOTICE

1. DATAPROTECTIONCar Care Plan Limited (the “Data Controller”) arecommitted to protecting and respecting Your privacyin accordance with the current Data ProtectionLegislation (“Legislation”). Below is a summary of themain ways in which the Data Controller processesYour personal data. For more information please visitwww.view-privacy-policy.co.uk.

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2. USEOFYOURPERSONALDATAThe Data Controller may use the personal data it holdsabout You for the purposes of providing insurance,handling claims and any other related purposes (thismay include underwriting decisions made via automatedmeans), for offering renewal, research or statisticalpurposes and to provide You with information, productsor services that You request from the Data Controlleror which the Data Controller feels may interest You.The Data Controller will also use Your data to safeguardagainst fraud and money laundering and to meet the DataController’s general legal or regulatory obligations.

3. DISCLOSUREOFYOURPERSONALDATA

The Data Controller may disclose Your personal data tothird parties involved in providing it with products orservices, or to service providers who perform serviceson the Data Controller’s behalf. These include groupcompanies, affinity partners, brokers, agents, third partyadministrators, reinsurers, other insurance intermediaries,insurance reference bureaus, credit agencies, frauddetection agencies, loss adjusters, external law firms,external auditors and accountants, regulatory authorities,and as may be required by law.

4. INTERNATIONALTRANSFERSOFDATA

The Data Controller may transfer Your personal datato destinations outside the European Economic Area

(“EEA”). Where the Data Controller transfers Yourpersonal data outside of the EEA, the Data Controllerwill ensure that it is treated securely and in accordancewith the Legislation.

5. YOURRIGHTSYou have the right to ask the Data Controller not toprocess Your data for marketing purposes, to see a copyof the personal information held about You, to have Yourdata deleted (subject to certain exemptions), to haveany inaccurate or misleading data corrected or deleted,to ask for a copy of Your data to be provided to anycontroller and to lodge a complaint with the local dataprotection authority.

6. RETENTIONYour data will not be retained for longer than isnecessary, and will be managed in accordance with theData Controller’s data retention policy. In most casesthe retention period will be for a period of seven (7)years following the expiry of the contract, or the DataController’s business relationship with You, unless the datamust be retained for a longer period due to business, legalor regulatory requirements.

If You have any questions concerning the Data Controller’suse of Your personal data, please contact The DataProtection Officer, Car Care Plan Limited, Jubilee House,5 Mid Point Business Park, Thornbury, West YorkshireBD3 7AG, England.

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ANTI-FRAUDANDTHEFTREGISTERSWe may pass information to various anti-fraud and theftregisters. The aim is to help insurers check the informationprovided and to prevent fraudulent claims. When Yourrequest for insurance is considered, these registers maybe searched. When You tell Us about an Incident, theinformation relating to the Incident will be passed onto the registers. It is a condition of this policy that Youinform Us about an Incident, whether or not it gives riseto a claim.

FRAUDYou must not act in a fraudulent way. If You or anyoneacting for You:

• Makes a claim under the policy knowing the claim tobe false or exaggerated in any way; or

• Makes a statement in support of a claim knowing thestatement to be false in any way; or

• Provides the Administrator with any documentationin support of a claim knowing the documentation tobe forged or false in any way; or

• Makes a claim for any loss caused by Your deliberateact or with Your agreement then the Administrator.

Then We or the Administrator:

• Will not authorise the claim;

• May not authorise any other claim which has beenor may be made under the policy;

• May declare the policy void;

• Will be entitled to recover from You the amount ofany claim already paid under the policy;

• Will not return any of Your Premium;

• May let the police know about the circumstances.

CONSUMER INSURANCE(DISCLOSUREANDREPRESENTATIONS) ACT2012AND INSURANCEACT2015You are required by the provisions of the ConsumerInsurance (Disclosure and Representations) Act to takecare to supply accurate and complete answers to all thequestions in the application and to make sure that allinformation supplied is true and correct. You must tell Usof any changes to the answers You have given as soon aspossible. Failure to advise Us of a change to Your answersmay mean that Your policy is invalid and that it does notoperate in the event of a claim. We may also recover anymoney We may have paid under this policy.

Under English Law, it is an offence to make a falsestatement or to withhold any material information in orderto obtain a schedule of insurance.

We reserve the right to decline any insurance risk or tochange the Premium and the terms quoted.

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CCP 1033012/2018

Jaguar SMART is administered by

Car Care Plan LimitedJubilee House5 Mid Point Business Park, ThornburyWest Yorkshire BD3 7AG

Phone: 0344 573 8203

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