Car Hire Excess Insurance

Car Hire Excess

Insurance

It’s good to live

Welcome to your laya

healthcare car hire excess

insurance policy.

This policy document along with your insurance schedule and completed application form the basis

of your contract of insurance. Together, these documents explain what you are covered for. The policy

document contains conditions and exclusions which you should be aware of. You must keep to all the

terms and conditions of the insurance.

Please read this policy document to make sure that the cover meets your needs and please check the

details outlined within your insurance schedule and completed application form to make sure that the

information shown is correct.

Signed for and on behalf of

Declan O’Rourke

General Manager AIG Europe S.A.

30 North Wall Quay,

International Financial Services Centre,

Dublin 1,

D01 R8H7

Contents

Car Hire Excess Insurance

Section 1 – Definitions/Meanings of words used in your policy 3

Section 2 – Excess Reimbursement 4

Section 3 – Supplemental Liability (SLI)/Collision Damage Waiver (CDW) 5

Section 4 –Personal Accident 9

Section 5 – General Exclusions Applicable to this Policy 11

Section 6 – Policy Conditions 13

Section 7 – How we use personal information 13

Section 8 – Cooling Off Period and Cancellation 15

Section 9 – What to do in the Event of a Claim 15

Section 10 – Complaints Procedure/Caring for Our Customers 16

Car Hire Excess Insurance

Insurance providers

Laya Healthcare Car Hire Excess insurance is

underwritten by AIG Europe S.A.. AIG Europe S.A.,

an insurance undertaking with R.C.S. Luxembourg

number B 218806. AIG Europe S.A. has its

head office at 35 D Avenue J.F. Kennedy, L-1855,

Luxembourg, http://www.aig.lu/. AIG Europe S.A.

is authorised by the Luxembourg Ministère des

Finances and supervised by the Commissariat

aux Assurances 7, boulevard Joseph II, L-1840

Luxembourg, GD de Luxembourg, Tel.: (+352) 22

69 11 - 1, caa@caa.lu, http://www.caa.lu/.

AIG Europe S.A. Ireland branch is an insurance

company and has its registered branch office at 30

North Wall Quay, International Financial Services

Centre, Dublin 1, D01 R8H7 and branch registration

number 908876 and is regulated for conduct of

business in Ireland by the Central Bank of Ireland.

Contact details of the Central Bank of Ireland are

P.O. Box 559, North Wall Quay, Dublin 1, D01 F7X3.

Telephone: 1890 77 77 77

Fax: 01 6716561.

E-mail: enquir[email protected]

Web: http://www. centralbank.ie

If a solvency and financial condition report of AIG

Europe S.A. is available, it can be found at http://

www.aig.lu/.

Insurance Compensation Fund

You may be entitled to compensation from the

scheme in the unlikely event that AIG Europe S.A.

cannot meet its obligations. The maximum amount

that could be available in respect of any sum due

to a policyholder is 65% of the sum due or EUR

825,000, whichever is the lesser.

Further information on the Insurance

Compensation Fund is available on the Central

Bank of Ireland’s website though the following link:

https://www.centralbank.ie/regulation/ industry-

market-sectors/insurance- reinsurance/solvency-

ii/insurance-compensation-fund

Your Car Hire Excess Insurance

Welcome to your Laya Healthcare Car Hire Excess

Insurance policy and thank you for arranging your

insurance with us. It is a contract of insurance

between You, the policyholder, and Us, AIG Europe

S.A. and is made up of this policy document and

your schedule In return for the payment of your

premium, we will, subject to the terms, conditions

and limitations of this policy:

• indemnify you for the costs to reimburse you

under Section 2 (Excess Reimbursement)

• Indemnity you, if operative, under Section 3

(Supplemental Liability)

• pay the benefit to you under Section 4 (Personal

Accident)

Please read this policy document to make sure that

the cover meets your needs and please check the

details outlined within your insurance schedule

and confirmation email to make sure that the

information shown is correct.

This policy reflects the demands and needs of a

person who wishes to purchase car hire excess

insurance benefits.

AIG Europe S.A, Ireland branch does not provide

advice or any personal recommendation about this

product.

Commission & Fees

When Laya Healthcare sell you a policy, Laya

Healthcare receive commission from the insurer

which is a percentage of the total premium.

You agree to abide by the conditions of the

policy.

Impact of Misrepresentation

The impact of any Misrepresentation by you to

any of the answers provided on the completed

application form is as follows:

A. Innocent Misrepresentation:

Where you have answered all questions in the

completed application form honestly and with

reasonable care but where you made an innocent

misrepresentation (that is, one that is neither

negligent nor fraudulent) we will pay any covered

claim event subject to the terms and conditions of

this insurance.

B. Negligent Misrepresentation:

If you make a negligent misrepresentation or fail to

take reasonable care in completing the completed

application form the cover under this insurance

may not fully operate and in the event of a claim we

will exercise one of the following remedies:

(a) If knowing the full details we would not have

entered into this contract of insurance, we may

avoid the contract, refuse all claims and return

any premiums paid by you.

(b) If we would have entered into the insurance

contract, but on different terms (excluding

terms relating to the premium), this contract

of insurance may be treated as if it had been

entered into on those terms.

insurance but have charged a higher premium,

we may reduce proportionately the amount to

be paid on the claim.

(d) Where there is no outstanding claim under this

contract of insurance, we may either:

(i) give notice to you that in the event of

a claim we will exercise the remedies in

paragraphs (a) to (c), or

(ii) terminate the contract of insurance by

giving reasonable notice to you.

C. Fraudulent Misrepresentation:

If you make a fraudulent misrepresentation or

where any conduct by you or involves fraud of any

kind we shall be entitled to avoid this contract of

insurance and refuse any claims.

Section 1 – Definitions /

Meanings of words used

in your policy

We use certain words in this policy which have a

specific meaning. They have this specific meaning

wherever they appear in the policy and schedule,

and are shown in bold print. Please also see

Section 4, Personal Accident, for definitions that

are specific to that section

Accidental damage – means the sudden and

unforeseen accidental damage to the insured

Rental car or any third party property not

otherwise specifically excluded from this policy

Car rental agreement - means the contract signed

by the lead named driver (who must be the name

on the Schedule as issued) that states the excess

to which the lead named driver is responsible

Completed Application Form - The application

form provided by us to the Insured Person at pre-

contractual stage of a contract of insurance. The

Insured Person must answer all of the questions

on the completed application form honestly and

with reasonable care, failure to do so may be

regarded as a Misrepresentation (see impact of

misrepresentation section).

Doctor – means a medical practitioner who is

currently registered with the appropriate Medical

Council to practise medicine. This does not include:

• you; or

• your brother, brother-in-law, daughter, daughter-

in-law, father, father-in-law, fiancé, fiancée,

grandchild, grandparent, husband, mother,

mother-in-law, partner, sister, sister-in-law, son,

son-in-law or wife

Endorsement – means any terms and conditions

additional to this policy and specified on your

schedule

Insured person(s) – means the lead contracting

person named on this policy who must be the

person named as the main driver in the Car rental

agreement and is eligible to operate and drive the

Rental car and who is aged between 21 and 85

years old

Misrepresentation – Innocent, negligent or

fraudulent answers provided by the Insured

Person to the questions on the your completed

application form

Period of insurance – means the period specified

on your schedule

Personal Effects – items normally worn, used or

carried by you in daily life, but not money, credit

cards or items held or used for business purposes

Premium – means the amount referred to as such

on your schedule.

Rental car – means any car rented under a contract

on a daily or weekly basis from such a rental

Company or Agency, which must be fully licensed

with the regulatory authority of that Country, State

or Local Authority.

Schedule – means the schedule issued to you and

any endorsement attaching to it

You, Your – means the person(s) named on the

schedule attached to and forming part of this

policy

War – means armed hostilities between two or

more countries, whether declared or not, or any

warlike activities, including use of military force

by any sovereign nation to achieve economic,

geographic, nationalistic, political, racial, religious

or other ends.

We, us, our – AIG Europe S.A.

Geographical Limit of Cover (Europe) – Republic

of Ireland, Northern Ireland, United Kingdom and

member states of the European Union, Andorra,

The Azores, Balearic Islands, Bulgaria, Canary

Islands, Channel Islands, Egypt, Gibraltar, Iceland,

Liechtenstein, Madeira, Moldova, Monaco,

Morocco, Norway, Romania, Russia (West of the

Urals), San Marino, Switzerland, Tunisia, Turkey,

Ukraine, not exceeding 31 consecutive days for any

one car rental agreement.

Geographical Limit of Cover (Worldwide) – All

countries excluding; Afghanistan, The Balkans,

Belarus, Cuba, Congo, Iran, Iraq, Ivory Coast,

Lebanon, Liberia, North Korea, Myanmar, Sudan,

Syria, Zimbabwe or the Crimea Region, not

exceeding 60 consecutive days for any one car

rental agreement.

Section 2 – Excess

Reimbursement

What is covered

A. Damage, Theft, and Loss of Use

We shall indemnify the insured person(s), as

named on the Car rental agreement, for the

amount of the excess for which an insured person

is liable under the Car Rental Agreement, subject

to a maximum of the amount of the excess or

€4,000 (or equivalent in local currency) whichever

is the lower for any one claim and subject to a

maximum of the amount of the excess or €5,000

(or equivalent in local currency) whichever is the

lower in any one period of insurance, in respect of

damage (including damage to windows and tyres,

the undercarriage and the roof), fire or vandalism

to, or theft or loss of use of, the rental car during

the period of insurance

B. Car Rental Key Cover

We shall indemnify the insured person(s), for

costs incurred up to a maximum of €600 (or

equivalent in local currency), for each and every

claim but subject to a maximum of €2,500 in any

one Period, for replacing a lost or stolen rental car

key and replacement locks and locksmith charges

C. Baggage Cover

We shall indemnify the insured person(s) against

loss of or damage to baggage and/or personal

effects as a result of theft or attempted theft

following visible and forcible entry into the rental

car, provided that such theft or attempted theft

is proved and that the baggage and/or personal

effects are secured in the rental car in either a

locked boot or locked glove box

We shall indemnify the insured person(s) for such

loss or damage during the period of insurance up to:

• €500 in total for any one claim

• €150 for any single item

The maximum payment for any single item for

which an original receipt, proof of purchase or

insurance valuation (obtained prior to the loss) is

not supplied will be €75, subject to a maximum

aggregate amount of €250 for all such items

GEOGRAPHICAL LIMIT OF COVER

Section 2 of this insurance (Excess Reimbursement)

provides Worldwide cover, not exceeding

60 consecutive days for any one car rental

agreement, or Europe cover, not exceeding

31 consecutive days for any one car rental

agreement, (as stated in your schedule) but

excludes the countries listed at clause 25 in

the exclusions section below, for the period of

insurance

Section 3 – Supplemental

Liability (SLI) / Collision

Damage Waiver (CDW)

Important:

The cover provided by the Supplemental Liability

section of this Policy shall apply only in excess

of (i.e. over and above) the limits of indemnity

specified under any other insurance taken out by

the Policyholder and following payment of the full

limits under such other insurance. Please note

that where the Policyholder has taken out liability

insurance cover under the Car rental agreement,

the Policyholder may consider the amount of

cover under that agreement to be sufficient, in

which case the Supplemental Liability Coverage

provided by this Policy may not be required.

What is covered

A. Loss Damage Waiver (or Collision Damage

Waiver (CDW)

We will indemnify the insured person(s) for losses

incurred during a Covered Rental period, as a result

of damage, fire, vandalism, theft or loss of use of

the rental car issued for business or pleasure, up

to the lower of:

• US$100,000 (or the equivalent in local

currency), or the value of the rental car;

We will also pay legal costs incurred with our

written consent in the defence of any claim which

may be the subject of indemnity under this Policy

The indemnity provided by this Section 3A shall

apply only in excess (i.e. over and above) the limits

of indemnity specified under any other insurance

taken out by the Policyholder

B. Bodily injury and Damage to Material

Property

We shall indemnify the insured person(s) against

all sums which they shall become legally liable to

pay as damages and claimants costs in respect of

claims for bodily injury and damage to material

property arising out of an accident resulting from

the use of a rental car during the Period

The indemnity provided by this Section 3B shall

apply only in excess of (i.e. over and above)

the limits of indemnity specified under any

other insurance taken out by the Policyholder

and the maximum we will pay in respect of all

claims arising from any one accident shall be the

difference between such limit of indemnity and US

$1,000,000

C. Un-Insured & Underinsured Motorist

Compensation

Where an insured person(s) is injured by an

uninsured or under-insured motorist, or by a

motorist whose insurance is repudiated by his/her

insurance company, and the Insured person(s) is

awarded damages (not including costs, which are

not covered under this policy) in respect of that

injury by a court of law, we shall pay to the insured

person(s) the uninsured balance of the award. The

indemnity provided by this Section 3C shall apply

only in excess of (i.e. over and above) the limits

of indemnity specified under any other insurance

taken out by the Policyholder and the maximum we

will pay under this Section 3C shall be

the the difference between such limit of indemnity

and the amount of damages (not including costs,

which are not covered under this policy) awarded

in favour of the insured person(s) against the

motorist for which that motorist is uninsured up to

the sum of US$100,000

D. Hit and Run Motorist Compensation

Where an insured person(s) is injured, or his/

her property is damaged by an unidentified or

untraceable motorist, and an award of damages is

made in favour of the insured person(s) in respect

of that injury or property damage by a court of law,

we shall pay to the insured person(s) the sum of

damages awarded

The indemnity provided by this Section 3D shall

apply only in excess of (i.e. over and above) the

limits of indemnity specified under any other

insurance taken out by the Policyholder and the

maximum we will pay under this Section 3D shall

be the difference between such limit of indemnity

and the amount of damages (not including costs,

which are not covered under this policy) awarded

in favour of the insured person(s) up to the sum of

US$100,000

E. Lost or Stolen Rental car Keys

We shall indemnify insured person(s) for costs

incurred, up to a maximum of

€600 for each and every claim, subject to a

maximum of €2,500 for all claims in any one

period of insurance, for the costs of replacing a

lost or stolen rental car key, including replacement

locks and locksmith charges The indemnity

provided by this Section 3E shall apply only

in excess of (i.e. over and above) the limits of

indemnity specified under any other insurance

taken out by the Policyholder

GEOGRAPHICAL LIMIT OF COVER

Section 3 of this insurance (SLI/CDW) provides

cover in respect of events taking place in the

USA and/or Canada only (or if specifically noted

on your Schedule, in South & Central America)

for the period of insurance, not exceeding

60 consecutive days for any one car rental

agreement.

What is not Covered –

Sections 2 and 3

We will not cover the following:

1. Any insured person(s) where the appropriate

or additional premium has not been paid in full

2. Insurance effected in circumstances where a

claim might reasonably be anticipated

3. Loss, damage, accidents, proceedings or any

other events that may otherwise give rise

to a claim under this policy where Claims

Notification has not been made within 31

days of the occurrence of the loss, damage,

accident, insured person(s) becoming aware

of proceedings, or other event

4. Loss arising from:

• deliberately self-inflicted injury or illness,

• alcoholism or the use of alcohol, the use

of drugs other than in accordance with the

manufacturer’s instruction or treatment

prescribed and directed by a registered

doctor,

• the use of drugs for the treatment of drug

addiction,

• or deliberate or reckless exposure to

danger (except in an attempt to save

human life).

5. Loss arising from, or in connection with,

any fraudulent, dishonest or criminal act

committed by any insured person(s) or any

person with whom they are in collusion

6. Loss arising from the operation of the rental

car in violation of the terms of the Car rental

agreement.

7. Loss arising from, or in connection with,

transporting contraband or illegal trade

8. Loss arising from driving by persons who are

not named in the Car rental agreement

9. Losses occurring whilst driving other than on a

dedicated public highway

10. Driving by persons who do not have a valid

driving licence

11. Losses where the rental car is not licensed for

road use

12. Insured person(s) when driving any kind of

vehicle while the alcohol level in their blood is

higher than the legal limit of the country where

the incident occurs

13. Losses where the rental car is used in, or

training for, racing competitions, trials, rallies

or speed testing

14. Fines, penalties, exemplary or punitive

damages or any other type or kind of judgment

or award which does not compensate the

party benefiting from the award or constitute

a judgment for any actual loss or damage

sustained

15. Loss or damage which, but for the existence

of this insurance, should be recoverable under

any other insurance

16. Any expenses assumed, waived or paid by the

Rental Company or its insurers.

17. Loss arising in respect of vehicles which are

not rental cars

18. Expenses reimbursed by any insured person’s

employers’ insurer

19. Loss arising from wear and tear, gradual

deterioration, insect or vermin, inherent vice or

inherent damage

20. Loss arising on the rental of any vehicle other

than a private car with less than 9 seats

21. Loss arising on the rental of “expensive

or exotic” vehicles not considered to be

a conventional and usual rental car, and

“antique” vehicles, which are over 20 years

old or which have not been manufactured for

10 years or more or any vehicle with a retail

purchase price in excess of €100,000

22. Damage to the rental car’s contents

23. Replacement of locks when only the parts need

to be changed

24. The hire of a rental car by an individual whose

main residence is located within the USA or

Canada, The Caribbean, South and Central

America.

25. In respect of any claim under Section 2 (Excess

Reimbursement), loss or damage arising from

any journey in, to or through the following

countries; Afghanistan, Belarus, Cuba,

Congo, Iran, Iraq, Ivory Coast, Liberia,

Lebanon, North Korea, Myanmar, Sudan,

Syria, The Balkans, Zimbabwe or the Crimea

Region

26. Losses arising outside the period of insurance

27. Anyone under 21 years or over 84 years of age

28. Any claim under Section 2A (Damage, Theft

and Loss of Use) or Section 3A (Loss Damage

Waiver) arising from theft, attempted theft

or vandalism which is not reported to an

appropriate police authority within 24 hours of

theft, attempted theft or vandalism or where an

official police report has not been obtained

29. Any claim under Section 2C (Baggage Cover)

arising from

• theft or damage of banknotes, currency

notes and coins, photographic or video

equipment, camcorders, radios or personal

stereo equipment, computers, computer

games or associated equipment, mobile

telephones, telescopes or binoculars, furs,

jewellery, watches, or articles made of or

containing gold, silver or other precious

metals

• wear, tear or depreciation of baggage and/

or personal effects

• claims arising from theft or attempted theft

which is not reported to an appropriate

police authority within 24 hours of

discovery or where an official police report

has not been obtained

• loss or damage arising from theft or

attempted theft in respect of which

evidence of forced entry has not been

confirmed by the Rental Company and/or

police, or where baggage and/or personal

effects were not within a locked boot or

locked glove box

30. Benefits payable under any uninsured or

underinsured motorist law, first party benefit

law or no-fault law, or law similar to the

foregoing in any territory or jurisdiction

31. Any obligation for which an insured person

may be held liable under any Workers

Compensation Act, disability benefits or

unemployment law or any similar law

32. Bodily injury to any person employed by

an insured person and arising out of and

in the course of such employment or the

spouse, child, parent, brother or sister of such

employee as a consequence of such bodily

injury

33. Bodily injury to any fellow employee of

an Insured Person, sustained while as a

passenger in the rental car and arising out

of and in the course of the fellow employee’s

employment

34. Damage to material property transported by

an Insured Person or in the care, custody or

control of an insured person

35. Bodily injury or damage to material property

arising out of the actual, alleged or threatened

discharge, dispersal, seepage, migration,

release or escape of pollutants

36. Loss or destruction of or damage to any

property whatsoever, or any liability, loss

or exposure whatsoever resulting or arising

there from, or any consequential loss directly

or indirectly caused by or contributed to

by or arising from (a) ionising radiation or

contamination by radioactivity from any

nuclear fuel or any waste or the combustion of

nuclear fuel or (b) radioactive toxic explosive

or other hazardous properties or any explosive

nuclear assembly or nuclear component

thereof

37. Loss or damage directly or indirectly

occasioned by, happening through, or in

consequence of war, invasion, acts of foreign

enemies, hostilities (whether war be declared

or not), civil war, rebellion, revolution,

insurrection, terrorism, military or usurped

power or confiscation or nationalisation or

requisition or destruction of or damage to the

rental car or to property by or under the order

of any government or public or local authority

SECTION 4 - Personal

Accident

Definitions / Meanings of words

used in this section

Accident – means a sudden, unexpected, and

specific event, external to the body which occurs at

an identifiable place and time during the period of

insurance which results in bodily injury

Bodily injury – means identifiable physical injury to

your body which is caused directly and solely by

an accident, is not intentionally self inflicted and

does not result from sickness or disease

Benefit – means the amounts payable under items

1-9 in the Table of benefits shown in this section of

the policy

Coma – means your continuous unconscious state

Gradually operating cause – means a cause that

is the result of a series of events which occur or

develop over time that cannot be attributable to a

single accident

Hospital – means an institution which has

accommodation for in-patients and facilities for

diagnosis, surgery and treatment. It does not

include a long-term nursing home, a rehabilitation

centre, an old people’s or convalescence home or

an extended-care facility.

Hospitalisation – means admission to a hospital as

an in-patient and for at least 24 hours in a row

Loss – means permanent, total and irrecoverable

loss of use, or the permanent and total loss by

physical severance (separation), of a limb being a

complete:

• foot or leg; or

• hand or arm

Loss of sight – means the physical loss of one or

both eyes or the loss of a substantial part of the

sight of one or both eyes. A substantial part means

that the degree of sight remaining after the bodily

injury is 3/60 or less on the Snellen scale after

correction with spectacles or contact lenses. (At

3/60 on the Snellen scale a person can see at 3 feet

something that a person who has not suffered loss

of sight should be able to see at 60 feet)

Operative time – means whilst driving, entering

or alighting from an insured rental car during the

period of insurance and within the geographical

limits of cover limits

Paraplegia – means the permanent and total

paralysis of lower limbs, bladder and rectum

Permanent total disablement – means disability,

other than by loss of limb or loss of sight, which

totally and permanently prevents you from doing

any paid work whatsoever for the remainder of

your life

Quadriplegia – means the permanent and total

paralysis of both upper limbs and both lower limbs

What is Covered –

Section 4

If you suffer bodily injury during the operative

time which, within two years solely and

independently of any other cause, results in

death, loss of limb, loss of sight, permanent

total disablement, quadriplegia, paraplegia,

hospitalisation or coma, we will pay to you, or

your legal representative if you die, the appropriate

item shown in the Table of Benefits below

Beneﬁt Sum Insured

Item 1 - Death €20,000

Item 2 - Loss of one limb or

loss of sight in one eye

€10,000

Item 3 - Loss of one or

more limbs or loss of one

limb and loss of sight in

one eye

€20,000

Item 4 - Loss of sight in

both eyes

€20,000

Item 5 – Permanent total

disablement

€20,000

Item 6 - Quadriplegia €40,000

Item 7 - Paraplegia €25,000

Item 8 - Hospitalisation

for each week payable

for maximum of 10 weeks

in total within 24 months

from the date of bodily

injury

€100

Item 9 - Coma benefit per

week payable for up to 26

continuous weeks in total

within 24 months from the

date of bodily injury

€100

What is Not Covered –

Section 4

We will not pay any claim or indirectly resulting

from, contributed by or arising from;

1. You being under 21 years of age at the date of

the accident

2. War, civil war, invasion, insurrection,

revolution, use of military power, or usurpation

of government by military power

3. Permanent total disablement benefit if you

are over 65 years of age

4. Any claim for bodily injury which is directly

or indirectly resulting from anxiety, stress

disorder, post traumatic stress disorder,

psychological or psychiatric illness or condition

or other mental or nervous disorder

5. You being in charge of a rental car having a

blood/urine alcohol level above the legal limit

stated in the Road Traffic Acts of that particular

country

6. Back injuries unless supported by a diagnosis

using appropriate medical imaging techniques

(such as X-rays, CT or MRI scans)

7. You being in charge of a rental car having

taken drugs other than in accordance with the

manufacturers instructions or as prescribed by

a doctor

8. You driving a rental car when your are not in

possession of a valid licence to drive such a

vehicle as required by law

9. Suicide or attempted suicide or intentional self

inflicted injuries

10. Any claim for bodily injury which is directly

or indirectly resulting from any gradually

operating cause

11. Whilst using the insured rental car for racing

or competition or when using the insured

rental car for hire, reward, courier services, or

the carriage of paying passengers

Provisions relating to

Section 4

1. If death occurs within thirteen weeks of bodily

injury, the benefit under item 1 will be paid

and not the benefits under items 2, 3, 4, 5, 6 or

7 as long as death was a result of bodily injury

2. When more than one form of disability results

in bodily injury from the same accident the

maximum amount payable will be €40,000

3. Upon the payment of a claim under items 1- 7

cover will stop in respect of the person for

whom such payment is made

4. A daily rate of 1/7th of the weekly rate

will be payable in respect of periods of

hospitalisation of less than 7 days.

Section 5 - General

Exclusions Applicable to

this Policy

We will not cover the following:

1. Any car not specified on your schedule as the

property insured

2. Any amount in excess of the sum insured, or

value, whichever is less;

3. Any car where evidence of ownership has not

been provided

4. Any losses arising out of driving as your

occupation or profession

5. Losses that result from the direct actions

of member of your family, or actions that a

member of your family knew about or planned

6. Depreciation or consequential loss of any kind

7. Losses caused by illegal acts

8. Losses that you have intentionally caused

9. Losses due to mechanical failure, electrical

failure, software failure, or data failure

including, but not limited to any electrical

power interruption, surge, brownout or

blackout, or telecommunications or satellite

systems failure

10. Losses due to property that has been

confiscated, destroyed or seized by any

government or public entity

11. Losses due to fire, smoke, lightning, wind,

water, flood, earthquake, volcanic eruption,

tidal wave, landslide, hail, vermin, insects or

act of God

12. Ionising radiation or contamination by

radioactivity from any nuclear fuel, or from

any nuclear waste from burning of nuclear fuel,

or the radioactive, toxic, explosive or other

hazardous properties of any explosive nuclear

assembly or nuclear component thereof or

Pressure waves from aircraft or other aerial

devices travelling at supersonic speeds

13. Claims arising out of the misuse of a solvent or

solvents by inhalation

14. Notwithstanding any provision to the contrary

within the insurance or any endorsement

thereto we shall not be liable in respect

of liability loss damage cost or expense of

whatsoever nature directly or indirectly caused

by, resulting from or in connection with any of

the following regardless of any other cause or

event contributing concurrently or in any other

sequence to the loss

(i) war invasion, acts of foreign enemies,

hostilities, or warlike operations (whether

war be declared or not), civil war, mutiny,

civil commotion assuming the proportions

of or amounting to a popular uprising,

military rising, insurrection, rebellion,

revolution, military or usurped power,

martial law, confiscation or nationalisation

or requisition by or under the order of any

Government or public or local authority

(ii) any act of terrorism – means an act,

including but not limited to the use of force

or violence and/or the threat thereof,

of any person or group(s) of persons,

whether acting alone or on behalf of or

in connection with any organisation(s) or

government(s), committed for political,

religious, ideological or other purposes

including the intention to influence any

government and/or to put the public, or in

any section of the public, in fear

15. Any car rental agreement exceeding 31

consecutive days for Europe cover or any car

rental agreement exceeding 60 consecutive

days for Worldwide cover.

16. The Insurer shall not be deemed to provide

cover and the Insurer shall not be liable to pay

any claim or provide any benefit hereunder

to the extent that the provision of such cover,

payment of such claim or provision of such

benefit would expose the Insurer, its parent

company or its ultimate controlling entity to

any sanction, prohibition or restriction under

United Nations resolutions or the trade or

economic sanctions, laws or regulations of

the European Union or the United States of

America.

Section 6 - Policy

Conditions

1. You must be a resident of the Republic of

Ireland and at least 21 years of age

2. Unless we have agreed otherwise with you,

Irish Law and the decisions of the Irish Courts

will govern this insurance

3. This insurance may only be altered, varied or

its conditions relaxed, or premiums changed

by one of our authorised officials, giving you

30 days notice in writing to your last known

address or via your insurance intermediary

4. This insurance is non-transferable

5. Cover excludes costs or payments recoverable

from any party, under the terms of any other

insurance, including but not limited to your

household or motor insurance, unless agreed

by us, other than section 4 (Personal Accident)

6. Any dispute regarding the terms of this

contract including any question regarding

its existence, validity or termination will be

referred to and resolved by arbitration in the

Republic of Ireland in accordance with the

Arbitration Laws of the Republic of Ireland

during the term of this contract

7. The benefits detailed in this policy in respect

of the rental car are only payable to you and

any claim may only be presented by you

8. If you or anyone acting on your behalf makes

a claim under this policy and know the claim

is false or fraudulent in any way, the cover is

void, the claim will not be paid and all monies

received by you or your representatives, must

be immediately repaid to us

9. The cover under this policy is based on the

answers and information you have given

us and confirmed on your schedule and

completed application form. You must tell

us immediately or as soon as possible if any of

this information changes, as your cover may

be affected and may be invalidated in the event

of a claim (see impacts of misrepresentation

section).

10. In the event that a third party is deemed

liable for part or all of any claim, we may

exercise our right of subrogation. You shall,

at our request and our expense, agree to

and permit us to do such acts and things as

may be necessary or reasonably required for

the purpose of exercising this right. You will

take no action or make any agreements that

may weaken or remove our rights under this

clause without our prior written permission.

We will pay any costs or expenses involved

in exercising our right of subrogation.

Without prejudice to the foregoing, we will

not exercise its rights of subrogation against

you in connection with a claim unless it is not

permitted to do so under sections 23, 24 and

25 of the Consumer Insurance Contracts Act

2019 (Ireland).

11. The observance by you of the terms,

conditions and endorsements of this policy

as far as they relate to anything to be done

or complied with by you will be a condition

precedent to any liability by us

12. You must answer all questions on the

completed application form honestly and

with reasonable care. Failure to do so may

result in this insurance being cancelled or we

may refuse to deal with any claims or reduce

the amount of a claim payment, as detailed

under the impact of misrepresentation

section

13. Third Party Contract Rights. Nothing in

this policy is intended to confer a directly

enforceable benefit on any third party other

than an Insured, unless permitted pursuant

to section 21 of the Consumer Insurance

Contracts Act 2019 (Ireland).

Section 7 – How we use

Personal Information

AIG Europe S.A. is committed to protecting the

privacy of customers, claimants and other business

contacts.

“Personal Information” identifies and relates to

you or other individuals (e.g. your partner or other

members of your family). If you provide Personal

Information about another individual, you must

(unless we agree otherwise) inform the individual

about the content of this notice and our Privacy

Policy and obtain their permission (where possible)

for sharing of their Personal Information with us.

The types of Personal Information we may

collect and why

Depending on our relationship with you, Personal

Information collected may include: contact

information, financial information and account

details, credit reference and scoring information,

sensitive information about health or medical

conditions (collected with your consent where

required by applicable law) as well as other

Personal Information provided by you or that we

obtain in connection with our relationship with

you. Personal Information may be used for the

following purposes:

• Insurance administration, e.g. communications,

claims processing and payment

• Make assessments and decisions about the

provision and terms of insurance and settlement

of claims

• Assistance and advice on medical and travel

matters

• Management of our business operations and IT

infrastructure

• Prevention, detection and investigation of crime,

e.g. fraud and money laundering

• Establishment and defence of legal rights

• Legal and regulatory compliance (including

compliance with laws and regulations outside

your country of residence)

• Monitoring and recording of telephone calls for

quality, training and security purposes

• Market research and analysis

Sharing of Personal Information

For the above purposes Personal Information

may be shared with our group companies and

third parties (such as brokers and other insurance

distribution parties, insurers and reinsurers, credit

reference agencies, healthcare professionals and

other service providers). Personal Information

will be shared with other third parties (including

government authorities) if required by laws or

regulations. Personal Information (including details

of injuries) may be recorded on claims registers

shared with other insurers. We are required to

relating to bodily injury to workers’ compensation

boards. We may search these registers to prevent,

detect and investigate fraud or to validate your

claims history or that of any other person or

property likely to be involved in the policy or

claim. Personal Information may be shared with

prospective purchasers and purchasers, and

transferred upon a sale of our company or transfer

of business assets.

International transfer

Due to the global nature of our business, Personal

Information may be transferred to parties located

in other countries (including the United States,

China, Mexico Malaysia, Philippines, Bermuda

and other countries which may have a data

protection regime which is different to that in

your country of residence). When making these

transfers, we will take steps to ensure that your

Personal Information is adequately protected and

transferred in accordance with the requirements

of data protection law. Further information about

international transfers is set out in our Privacy

Policy (see below).

Security of Personal Information

Appropriate technical and physical security

measures are used to keep your Personal

Information safe and secure. When we provide

Personal Information to a third party (including our

service providers) or engage a third party to collect

Personal Information on our behalf, the third

party will be selected carefully and required to use

appropriate security measures.

Your rights

You have a number of rights under data

protection law in connection with our use of

Personal Information. These rights may only

apply in certain circumstances and are subject

to certain exemptions. These rights may include

a right to access Personal Information, a right to

correct inaccurate data, a right to erase data or

suspend our use of data. These rights may also

include a right to transfer your data to another

organisation, a right to object to our use of your

Personal Information, a right to request that

certain automated decisions we make have human

involvement, a right to withdraw consent and a

right to complain to the data protection regulator.

Further information about your rights and how you

may exercise them is set out in full in our Privacy

Policy (see below).

More details about your rights and how we collect,

use and disclose your Personal Information can

be found in our full Privacy Policy at: https://

www.aig.ie/privacy-policy or you may request a

copy by writing to: Data Protection Officer, AIG

Europe S.A., 30 North Wall Quay, International

Financial Service Centre, Dublin 1 or by email at:

dataprotectionofficer.ie@aig.com.

Section 8 – Cooling Off

Period and Cancellation

Cooling Off period

If this cover does not meet your needs, you may

return this policy and schedule to us within 14

working days of the start date of cover shown in

the original schedule or the day, on which you

receive this policy and schedule, whichever is the

later

If you cancel this policy within the cooling-off

period and there are no claims, you will receive a

full refund in premium including any administration

charge. However, if there has been a claim, we

will not refund any part of the premium or any

administration fee

Cancellation

You can cancel this policy at any time after the

cooling-off period by giving us notice in writing to

AIG Europe S.A., 30 North Wall Quay, International

Financial Services Centre, Dublin 1 or by e-mail to

layahealthcare.carhireexcessinsurance @aig.com.

Cancellation will only take effect upon our receipt

of your written cancellation request. Please be

aware that due to the nature of the cover provided

by an annual car hire excess insurance policy,

no refunds will be issued for policies cancelled

after the 14-day cooling off period has expired. If

this policy is cancelled and the premium is paid

by direct debit, you must tell your chosen bank,

building society or financial institution to stop

making payments

If we cancel this policy we will give you 7 days

notice in writing and we will return to you the

unused portion of the premium

This insurance will automatically cancel:

• if the premium is not paid.

• if you submit a claim knowing it to be false,

fraudulent or a misrepresentation

Section 9 - What to do in

the Event of a Claim

Should you wish to claim under this policy you

should call AIG Claims Department as soon

as possible and no later than 31 days after the

incurred loss. You must give us any information or

help that we ask for. You must not settle, reject,

negotiate or agree to pay any claim without our

written permission. Full details of how to claim are

set out below

How to Make a Claim

To make a claim, You must contact us.

Phone: +353 1 2081400

Fax Number: + 353 1 2837773

Email: [email protected]

In the event of any accidents, proceedings or any

other events that may give rise to a claim, please

notify us and request a claim form to be sent to

you by email, fax or post. You can also use the

email link on the Claims Page of our website shown

above to notify us Please fully complete, sign and

date the claim form and return it with all supporting

documentation outlined below by email, fax or

post:

1. A copy of your policy from us

2. A copy of your Car rental agreement.

3. A copy of your Charge Receipt (if separate

from the Rental Agreement)

4. If the incident by law requires the attendance

of the Police, we will require a copy of the

Police Report

5. Renter’s copy of the rental company’s accident

damage report

6. Invoices / receipts / other documents

confirming the amount you have paid in

respect of Accident / Damage / Loss etc. for

which the Vehicle Rental Company holds you

responsible

7. A copy of your credit card statement showing

payment of the damages claimed

8. A copy of the driving licence of the person

driving the rented vehicle involved in the

accident (the driver)

9. The name and address of your bank together

with the sort code and account details. This

will facilitate reimbursement as we prefer to

make the payment directly to your bank

10. Medical certification and/or a death certificate

in respect of any claims under Section 4,

Personal Accident

You should read the above carefully as it is

necessary to comply with the conditions of this

policy. Failure to abide by the conditions of this

policy, may invalidate your claim.

Section 10 - Complaints

Procedure/Caring for Our

Customers

AIG Europe S.A. wants to give you the best

possible service. If you feel you have cause for

complaint, you should contact:

The Customer Complaints Officer

AIG Europe S.A.,

30 North Wall Quay, IFSC,

Dublin 1, D01 R8H7.

Phone: +353 1 208 1400

E-mail: customercomplaints.ie@aig.com

Website: www.aig.ie/complaints

At any stage you may contact any of the following:

Insurance Ireland

Insurance Centre,

5 Harbourmaster Place, IFSC,

Dublin 1, D01 E7E8.

Phone: +353 1 676 1820

Fax: +353 1 676 1943

E-mail: feedback@insuranceireland.eu

Website: http://www.insuranceireland.eu

Financial Services and Pensions Ombudsman

3rd Floor, Lincoln House, Lincoln Place, Dublin 2,

D02 VH29.

Phone: +353 1 567 7000

E-mail: info@fspo.ie

Website: www.fspo.ie

Your right to take legal action is not affected by

following any of the above procedures.

JURISDICTION AND APPLICABLE

LAW

All claims by the insured person(s) under this Policy

shall be governed by the laws of the Republic of

Ireland whose courts alone shall have jurisdiction in

any dispute arising under this insurance.

Laya Healthcare Car Hire Excess insurance is

underwritten by AIG Europe S.A.

AIG Europe S.A.

30 North Wall Quay,

International Financial Services Centre,

Dublin 1,

D0 1 R 8 H 7.

it’s good to live

Health Insurance provided by Elips insurance

(Inc. Liechtenstein) trading as laya healthcare.

Laya healthcare limited, trading as laya healthcare

and laya life is regulated by the Central Bank of Ireland.

LAYA-CARHIRE-EXCESS-002-0721