General Terms and Conditions Nokia Phone Insurance Plus December 2019
A fixed Policy period of six (6), twelve (12) or twenty four (24) months applies, depending on the product that you have selected. At the latest 3 months before the fixed period lapses, you will receive a notification of cancellation from the Insurer unless the Policy was terminated earlier in accordance with the terms of these General Conditions.
- Important information
If your Insured Equipment is stolen or has been Accidentally Damaged during the Policy period, the Insurer will, at its discretion with due observance of the following definitions, exclusions and conditions, have your Insured Equipment repaired or replaced by a Replacement Equipment with equivalent functionality. A Replacement Equipment can be either new or refurbished.
- Where and when
Your Insured Equipment is covered during the whole Policy period, both in Your country of residence as stated In Your Policy certificate and when You temporarily take the Insured Equipment abroad.
Unless the context requires otherwise, the following rules apply to these General Conditions: (i) words in the singular include the plural and vice versa, and (ii) a reference to one gender includes a reference to the other gender.
Unless otherwise defined in these General Conditions, capitalised terms shall have the meaning ascribed to such terms below. Terms without capitals must be understood to have their normal meaning.
- Definitions (in alphabetical order):
- Accessories means:
Every Accessory that was purchased together with your Insured Equipment, with the exception of car kits, installation material, software and content downloads.
- Accidental Damage/Damage means:
: Damage as a result of a sudden event that has an external effect on your Insured Equipment resulting in fall, impact and/or moisture damage, as a result of which your Insured Equipment no longer functions correctly and completely, including damage caused by Third Parties without Your permission.
- Administrator means:
Aftersales Group B.V. Aftersales is a company incorporated under Dutch law with its registered office at 151 Achter de Tolbrug, 5211 SM ’s-Hertogenbosch, The Netherlands. The company is registered with the Dutch supervisory authority AFM (Netherlands Authority for the Financial Markets), Vijzelgract 50, 1017HS, Amsterdam, the Netherlands, under number 12042867. The company is authorised to perform insurance intermediary activities in Luxembourg under the freedom to provide services. The Administrator might outsource (part of Its) responsibilities to selected (local) third parties.
- General Conditions means:
this document which defines the terms and conditions of the insurance Policy.
- HMD means:
HMD Global Oy, a Finnish mobile phone company who has exclusive rights to the Nokia brand for mobile phones.
the person covered by the policy against property losses.
- Insured Equipment/Equipment means:
The insured Nokia device which, based on the IMEI number or serial number, is registered as new with the Administrator within 14 days after purchase, as well as Accessories that were purchased at the same time. The Insured Equipment with associated IMEI number and/or associated serial number is described in Your Policy schedule.
Atlas Insurance PCC Ltd, in respect of its Gemini Cell, is an insurance company established as a public limited liability company, incorporated under Maltese law with its registered office at 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta and registered with the Maltese Register of Commerce and Companies., with whom the Policyholder concludes the Policy. Atlas Insurance PCC is authorised and regulated by the Maltese Financial Services Authority, Notabile Road,Attard BKR 3000, Malta, Tel.: +356 2144 1155, https://www.mfsa.com.mt/ (C5601). The company acts in Luxembourg under the freedom to provide services.
- Negligence means:
failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
- Snatching means:
Theft of the Insured Equipment by a Third Party, consisting of taking, without violence, the Insured Equipment in the presence of the insured, when the Insured Equipment was placed within a radius of up to 2 (two) metres of the insured.
- Pickpocketing means:
Pickpocketing means: A fraudulent act committed by a Third Party, consisting of the removal of the Insured Equipment from the pocket of a bag or item of clothing worn by the insured on his body at the time of the Theft without physical violence.
the Nokia Phone Insurance Plus Policy entered into between the Insurer and the Policyholder, whereby the Insurer commits to the Policyholder, in exchange for payment of a Premium, to provide benefits in the event the Policyholder’s Insured Equipment has been Accidentally Damaged or stolen during the Policy period. The Policy is a distance insurance contract within the meaning of Article 1, Q. of the law of 27 July 1997 on the insurance contract, as amended. The Policy consists of the General Conditions, the Policy schedule, the Insurance Product Information Document and any other addendum or appendix signed or received by the Policyholder.
the person entering into the Policy as the Insurer’s counterparty.
the amount paid by the Policyholder in respect of the Policy in exchange for the Insurer’s commitments under the Policy.
- Purchase price means:
The purchase value of the Insured Equipment including VAT but excluding any discounts granted by the sales assistant, as stated on your Policy schedule.
- Replacement Equipment means:
Equipment that is paid by the Insurer to replace Your Insured Equipment. In principle, Replacement Equipment is identical to the insured’s mobile phone (with the exception of colour). If identical equipment is no longer reasonably available to the Administrator, the insured person will be given Replacement Equipment that, in the opinion of the Administrator, is equivalent to the Insured Equipment registered with the Administrator. Replacement Equipment is always new or refurbished equipment.
- Theft or Stolen means:
The removal of Your Insured Equipment by known or unknown persons with the intention of illegally and permanently depriving You of the ownership of Your Insured Equipment
- Third Party means:
Every other person than the insured, his/her spouse or partner, his/her ascendants or descendants, his/her representatives if the insured is a legal entity, as well as every other person who did not have permission from the insured to use the Insured Equipment.
- Unattended means:
When You, or another person older than 18 years to whom You have entrusted your Insured Equipment, do/does not have full visibility of the Insured Equipment or are/is not in a position to prevent unauthorised persons from removing your Insured Equipment.
- You/Your/Policyholder means:
The Policyholder stated in the Policy certificate, providing he/she lives in Luxembourg and is older than 18 years.
- Virus means:
Among other things, but not limited to, Trojan Horses, Worms and any other programme or software that directly or indirectly prevents Your Insured Equipment from working properly.
- Accessories means:
- Declarations with regard to language
The Policyholder declares and confirms that (i) he/she is capable of understanding and is proficient In English, and (ii) he/she requests that the pre-contractual documentation and information (in particular the Insurance Product Information Document and the General Conditions) are drafted in English and that he/she requests to receive any information and any subsequent documents, whether contractual or not, from the Insurer only in English.
- Declarations with regard to the Insurance Product Information Document
The Policyholder declares and confirms that he/she has received from the Insurer or from the Administrator the Insurance Product Information Document relating to this product and what he/she has received corresponds to (or includes) the version of the Insurance Product Information Document which was available on the website of the Insurer at that time. He/She further confirms that he/she received the Insurance Product Information Document prior to the conclusion of the Policy and in any event sufficiently early In order to consider the Information and take an Informed decision on whether or not to enter Into the Policy.
- Communication of information on paper
At any time during the contractual relationship the Policyholder has the right, at his/her request, to receive the general and special conditions on paper.
- What is covered
The purpose of the Policy is to provide cover against:
- Theft preceded by forcible entry/or violence–
Your Insured Equipment and Accessories will be replaced by Replacement Equipment with equivalent functionality
- Accidental damage – Your Insured Equipment will be repaired or replaced by Replacement Equipment with equivalent functionality.
- Accessories – Up to a maximum value of €150,00 in total for Accessories that were Damaged or Stolen at the same time as the Insured Equipment.
- Worldwide cover –The cover also applies during a temporary stay abroad.
- Theft preceded by forcible entry/or violence–
- What is not covered
The Insurer is not liable for:
- General –Applicable to all forms of damage and theft;
An excess fee applies based on the value of the Insured equipment:
Equipment band Excess fee < € 250,- € 29,- € 251,- < € 500 € 49,- > € 500,- € 69,-
- Costs of any claim after the first successful claim If Your Period of Insurance Is six (6) months or twelve (12) months and costs of any claim after the second successful claim If Your Period of Insurance Is twenty four (24) months.
- Costs incurred due to the loss of use of Your Insured Equipment, costs for reconnection, subscription costs of any kind, or any other costs than the direct costs for the repair or replacement of Your Insured Equipment.
- Damage to external data carriers, such as tapes, films, discs, DVDs, SD cards and software.
- The recovery costs of data on both internal and external data carriers.
- Costs for which the manufacturer, supplier or distributor is liable in accordance with the legal warranty obligations.
- Theft or Damage occurring during or as a result of the process of cleaning, repair, or modification without prior permission from the Administrator or during seizure or detention by order of a government agency including the police.
- Theft through looting or seizure or Damage caused directly or indirectly by:
- War, invasion, foreign hostilities (regardless of whether the war was declared or not), civil war, rebellion, revolution, insurrection, military or unlawfully obtained power, nationalisation, confiscation, claim, seizure or destruction by the government or a government agency;
- Ionising radiation or any form of nuclear contamination;
- Shock waves caused by aircraft or other flying objects moving at sonic or supersonic speeds;
- Terrorism, regardless of other causes or events that simultaneously or in any other order contribute to the damage.
- Damage or loss of the Equipment caused by fire.
- Theft of Insured Equipment that is not reported to the Administrator and the local police within 72 hours or as soon as reasonably possible after discovery If that period of 72 hours is not feasible for the insured. An official report has to been drawn up by the police.
- Theft from a vehicle, unless the car was fully locked, the Insured Equipment was stowed in the glove compartment or the boot and there are demonstrable traces of breaking into the vehicle.
- Theft of Insured Equipment from any room, unless this room was locked with a lock and was not freely accessible to the public at the time of Theft and there are demonstrable traces of it.
- Theft of Insured Equipment that has been left Unattended.
- Pickpocketing or Snatching.
- Theft caused by Negligence.
- Cosmetic damage to the Insured Equipment, such as scratches and dents, that do not affect the normal functionality.
- Any repair costs incurred for the processing, repair and/or cleaning by the Insured himself/herself and/or by a repair workshop not recognised by HMD, which resulted in the loss of the insured’s right to the legal warranty.
- Damage to the Insured Equipment caused by the use of inferior parts (not new and/or not original Nokia parts) during modification and/or repair of the Insured Equipment by the Insured himself/herself and/or by a repair workshop not recognised by HMD.
- Software and defective lamps, tubes, tapes, batteries, SIM cards, antennas, toner kit, drum set, print head and other equipment that due to their nature and use are subject to regular and rapid wear and/or deterioration;
- Any Damage to Insured Equipment that has arisen as a result of Negligence.
- Damage to Accessories unless they are Damaged by the same event that also caused the Accidental Damage to or theft of the Insured Equipment.
- Any Damage to the Insured Equipment caused by wear and tear, depreciation, insects, vermin, mould or atmospheric or climatic conditions.
- Any Damage to the Insured Equipment caused by failure to comply with the user instructions, the connection, installation and maintenance instructions as described in the manufacturer’s user manual.
- Any Damage to the Insured Equipment caused by a Virus.
- Any Damage that was caused with intent by the Insured.
- General –Applicable to all forms of damage and theft;
- Our conditions
- Policy period
A fixed Policy period of six (6), twelve (12) or twenty four (24) months applies, depending on the product that You have selected. At the latest 3 months before the fixed period lapses, You will receive a notification of cancellation from the Insurer unless the Policy was terminated earlier in accordance with the terms of these General Conditions. Provided that the total Premium for the Policy period has been collected by the Insurer, the Policy commences on the date that You have successfully registered for this Insurance, provided this date is no later than 14 calendar days after the purchase of the Insured Equipment in brand new condition and provided that the Insured Equipment is not Damaged or has been lost or Stolen. The start date and the fixed Period of Insurance are stated in the Policy schedule.
The Premium, including all costs, must be paid in its entirety at the registered address of the Administrator. The value of the Premium is depends on the type of Your Equipment and the duration of Your Policy and is as stated in Euro on Your Policy schedule.The Premium applicable to this Policy is in full collected upfront by the Insurer.
If You fail to pay the premium within ten days of its due date and, regardless of the Insurer’s right to pursue the performance of the Policy in court, the coverage may be suspended at the end of a period of at least thirty days following the sending of a registered letter to the Policyholder at the last known address. The Insurer Is entitled to terminate the Policy ten days after the expiry of the period referred to above. The non-terminated Policy is effective for the future, the next day at zero o’clock of the day on which the Administrator has been paid the premium due and, where applicable, the costs of prosecution and recovery.
- Method of payment
The Insurer may, at its sole discretion, proceed to:
- repair or replace the Insured Equipment (with Replacement Equipment) and Accessories (with a retail value of up to €150,00), or
- pay to the Insured a sum of money equal to the costs that the Insurer would have to incur to provide the Insured with Replacement Equipment and Accessories with functionality that reasonably comes as close as possible to the Insured Equipment, in the opinion of the Insurer.
The amount paid out will never be higher than the Purchase Price.
- Careful use
You are obliged to take all reasonable precautions to protect Your Insured Equipment against Theft and Accidental Damage and keep it in a good state of repair. In case of breach of this provision which would result in damage to the Insurer, the Insurer may reduce its performance to the extent of the damage suffered by it. If the Insurer can prove fraudulent intent, it will be able to refuse the full insurance performance.
- Not telling the truth
- Any intentional omissions or inaccuracies in the declarations of the Policyholder that mislead the Insurer with regard to its assessment of risk will result in termination of the Policy. If Your Policy is declared null and void on these grounds, Premiums accrued up to the time the Insurer became aware of the intentional omission or inaccuracy are due to the Insurer and no Premium refund will be made.
- The Insurer may act on any unintentional omissions or inaccuracies in the declarations of the Policyholder. Such unintentional omissions or inaccuracies shall not result in termination of the Policy. Instead within one month after it becomes aware of the omission or inaccuracy, the Insurer will propose an amendment to the Policy effective from the date on which it became aware of the omission or inaccuracy. Should the Insurer provide evidence that it would not in any event have insured the risk, it may terminate the Policy within the same period. In the event that the Policyholder rejects the proposed amendment to the Policy, or if it has not been accepted one month after receipt of such proposal, the Insurer may terminate the Policy within 15 days.
- The Insurer may terminate the Policy and give effect to such termination upon notice if the Policyholder or the Insured has failed to fulfil any of the obligations arising from the occurrence of the claim with the intent to mislead the Insurer. This right may be exercised by the Insurer notwithstanding the non-payment of any benefit and must be exercised within one month of the discovery of the fraud. The Insurer has the right to reclaim all costs incurred in connection with a claim (including investigation and collection costs) if, after payment of the claim, it still appears that the claim was in any way fraudulent.
- The Insurer can notify the police, government or regulatory authorities of fraudulent acts. Atlas Gemini can also share the details of the fraudulent claims with other insurers, including by placing them on a list of fraudulent claims created by insurers to combat fraud.
- Reporting a claim
As soon as reasonably possible after discovering Accidental Damage or Theft that You think is eligible for coverage under Your policy You must:
- In the event of Theft or intentional Damage caused by a Third Party without Your consent, notify the Administrator and the police (or if You are staying abroad, the local equivalent of the police) within 72 hours or as soon as reasonably possible after discovery if that period of 72 hours is not feasible for the Insured.
- The police must prepare an official report, even if You are staying abroad, because a copy of this official report is required to assess Your claim. You can contact the administrator by calling +352-(0)27-300030 or, if You’re calling from abroad, +352-(0)27-300030 in the event of Accidental Damage covered by Your policy , inform the Administrator within 14 days after the discovery of the Accidental Damage or, if this is not possible, as soon as reasonably possible. You can do this by calling the Administrator on +352-(0)27-300030or, if You’re calling from abroad, You can do this by calling the Administrator on +352-(0)27-300030;
- If You do not report the Damage in accordance with the above obligations, Atlas Gemini may reduce its service to the extent of the Damage suffered by it. If Atlas Gemini can prove fraudulent intent, it will be able to refuse the full insurance performance.
- It is a condition of Atlas Gemini’s liability that payment of Your claim always take place according to the method indicated by Atlas Gemini. Your Insured Equipment must be replaced by Atlas Gemini or by a repair workshop selected by Atlas Gemini. If You do not comply with this, Atlas Gemini shall no longer be liable for performance of services.
- As soon as You report the Theft of Your Insured Equipment, Atlas Gemini is entitled to request that Your operator blacklist the Insured Equipment.
- You can be asked to fill in an application form or provide additional information about Your claim. Any lack of cooperation on Your side can delay the assessment of Your claim.
- Your age and address
You must be at least 18 years old at the time of the purchase of Your Policy and live in Your country of residence as stated on Your Policy certificate during the Policy period.
- Changes to the Insured Equipment or other information
The Insured must give the Administrator timely notification of changes to the information on which this Policy is based, such as the address and email address of the Insured. Changing the Insured Equipment is only possible if the device is a new, properly functioning and undamaged Nokia device and the change has been communicated to the Insurer within 7 days after the purchase date by sending an email to email@example.com. the Insurer reserves the right to request that the purchase receipt of the new device be presented. The Insurer is not liable for the costs of repairing or replacing equipment other than the registered Insured Equipment.
- Cancelling your Policy
You have the right to cancel Your Policy within 14 calendar days, without penalty and without indication of reason, after:
- The day that You were notified that Your Policy has entered into effect or
- The day on which You received the general conditions, special conditions of Your Policy and the pre-contractual information required by law , where this is later than the date referred to in paragraph (i).
If You wish to exercise this right to cancel Your Policy, you must notify it to the Administrator before the expiry of the above-mentioned deadline either by registered letter or by another durable medium which is at the disposal of the addressee and to which it has access. The deadline shall be deemed to have been met if the notification was sent before the expiry of the deadline. After receipt of Your cancellation request, the already paid Premium for the Policy period after the cancellation enters into effect will be refunded.
Furthermore, the following applies:
- Your Policy is automatically cancelled immediately after the fulfilment of Your first successful claim If Your Period of Insurance is six (6) months or twelve (12) months. No premiums will be refunded. The Insurer will notify You about the cancellation by e-mail within one month of the first payment of the Insurer’s benefit.
- Your Policy is automatically cancelled immediately after the fulfilment of Your second successful claim If Your Period of Insurance Is twenty four (24) months. No premiums will be refunded. The Insurer will notify You about the cancellation by e-mail within one month of the first payment of the Insurer’s benefit.
- Changes to your Policy
The Insurer may change the terms and conditions of Your Policy at any time insofar as they have no material impact on the insured according to the criteria of reasonableness and fairness.
Substantial changes to the terms and conditions of Your Policy, including but not limited to the Premium, excess, claim procedures or right of cancellation for future Policy periods, can only be implemented by the Insurer after it has received Your agreement to the changed Policy conditions.
In the event of substantial changes to the terms and conditions of Your Policy, You have the right to cancel the Policy within three (3) months after receiving the announced change. Such changes need to be announced by the Insurer at least three months before they go into effect.
If in such case You decide to cancel the Policy, the Insurer will refund any premiuns paid upfront for the remaining period of insurance, effective from date of notification of cancellation.
- What to do if you are not satisfied with the Insurer
the Insurer will do everything possible to provide You with a professional and reliable service. Should You, however, have a complaint about this service, You can always report it to us. In that case we advise You to report Your complaint to Aftersales Group BV, which acts on behalf of the Insurer as the Policy Administrator. You can contact Aftersales Group by calling +352-(0)27-300030., or by sending an email to firstname.lastname@example.org. Aftersales Group’s postal address is:
Achter de Tolbrug 151
5211 SM ’s-Hertogenbosch, The Netherlands
The Administrator will try to resolve Your complaint or problem within 24 hours. If this is not possible, the Administrator will confirm Your complaint within 5 working days of receipt and provide a definitive answer within 2 weeks.
In the unlikely event that the Administrator’s response is found to be unsatisfactory, the complaint can be reported to Atlas Insurance PCC Limited (Gemini Cell) 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta.
If, after involving these entities, Your complaint has still not been satisfactorily resolved, You can ask the following organisation to review the case, without prejudice to Your right to take legal proceedings:
Office of the Arbiter for Financial Services, 1e Floor, St Calcedonius Square,
Floriana FRN 1530, Malta, Tel +356 21249245 (overseas call charges apply),
Email email@example.com; Web www.financialarbiter.org.mt.
The Arbiter’s office expects you to have a definitive written answer from Atlas Gemini, or have not received such final reply within 15 days, before they can accept your case.
The European Commission has an online dispute commission for Consumers who have a complaint about a product or service that has been purchased online. If You choose to submit Your complaint in this way, it will be forwarded to an independent complaints organisation that will ultimately handle the matter entirely online and will respond within 90 days. The internet address for this online dispute commission is: https://ec.europa.eu/consumers/odr. Please remember to always state our email address firstname.lastname@example.org. Please note that this independent complaints organisation can only consider Your complaint after we have had the opportunity to arrive at a solution.
Your rights as a customer to take legal action remain unaffected by the existence or use of said complaints procedures.
- Requirements and wishes
Your insurance meets the requirements and wishes of a person who wishes to protect his or her Insured Equipment against the risk of Theft or Accidental Damage.
- Your insurer and the liability clause
This insurance is underwritten by Atlas Insurance PCC Limited, in respect of its Gemini Cell.
Atlas Insurance PCC Ltd is a company incorporated under Maltese law with its registered office at 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta. Atlas Insurance PCC is authorised by the Maltese Financial Services Authority, Notabile Road,Attard BKR 3000, Malta, Tel.: +356 2144 1155, https://www.mfsa.com.mt/ (C5601). The company acts in The United Kingdom under the freedom to provide services and is registered with the Financial Conduct Authority under number 439406.
For this insurance, Atlas acts in respect of its Gemini Cell, a protected cell that was established within the applicable Protected Cell Company regulations and is owned by Aftersales Group BV. Atlas Insurance PCC Ltd is established at 47-50 Ta’ Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta.
Atlas can create one or more protected cells for the purpose of separating and protecting cellular assets (capital). The assets of the Gemini Cell are then protected against the liabilities and losses of the other Atlas cells and those of Atlas’s core business itself. By accepting these terms and conditions You agree:
- that You are only entitled to make a claim under this insurance; and
- that Your rights and claims arising from this Policy are primarily settled from the assets of Gemini Cell that are available for settlement of claims when Your claim to Atlas Gemini is registered; and
- that only when Gemini Cell’s assets have been exhausted, Atlas non-cellular assets will be used to meet any of Gemini Cell’s liabilities; and
- that a claim cannot be made on the assets of another of Atlas’s protected Cells.
In this way, the capital of Your Insurer, Atlas Gemini, is protected at all times against possible shortfalls in the core activities of Atlas or at one of the other protected cells. Conversely, in the unlikely event of a shortfall at Atlas Gemini, continuity is secondarily guaranteed by the Atlas non-cellular assets.
By entering into this insurance, You acknowledge and agree that this insurance is being entered into with Atlas Gemini and that You are aware of the provisions of the PCC Regulations, which apply to Atlas Insurance PCC Limited and Gemini Cell.
You further accept and agree that this clause of the terms and conditions is to be governed and construed in accordance with Maltese law and that any disputes in connection therewith are to be submitted to the exclusive jurisdiction of the Maltese Courts. You warrant that, under applicable law, you are permitted to choose such law and forum to govern this clause of the insurance. Your agreement to have this clause governed by Maltese law and subject to the jurisdiction of the Maltese Courts and Your representation that it is permitted under applicable law to choose such law to govern this clause is a material reason why Atlas Gemini has agreed to enter into this insurance
All communication between You and the Insurer and/or the Administrator on the one hand is conducted through the email address or postal address provided by You during the registration of the Policy. Our email address is: email@example.com and our telephone number is +352-(0)27-300030.
- Protection of your personal data
Atlas Gemini is the Data Controller of Your personal data that is stored by us. Atlas Gemini and the Administrator (Us) will only use the information provided by You for the creation of Your Policy and possibly during the reporting of a claim for Policy administration, customer service, claims and fraud prevention, including the possible transmission of Your data to other insurers and regulatory authorities and to verify your data on the basis of data from third parties to which we have legal access. For these purposes we may disclose data to our subsidiaries, service providers, agents and suppliers.
You hereby confirm that all data from a third person that You may have provided to us in connection with the registration and execution of Your Policy has been provided with the consent of this third person. You also agree to receive communications regarding the protection of this data from Atlas Gemini on behalf of this third person .
We only store Your data for the period required to fulfil all our obligations arising from this Policy, unless a longer retention period is legally required.
- Report on the Insurer’s solvency and financial situation
The Policyholder may request to obtain the report on the Insurer’s solvency and financial situation by sending a written request to the registered office of the Insurer, or by consulting the Insurer’s website: www.atlaspcc.eu.
- Which laws apply and which courts are competent
The Policy, and any non-contractual obligations arising herefrom or in connection herewith, are subject to Luxembourg law. Any litigation or dispute shall be subject to the exclusive jurisdiction of the courts and tribunals of the Grand Duchy of Luxembourg, with the exception of what is described in Article l. If a dispute arises regarding the protected cell construction of Atlas, then Maltese law applies.
This policy is underwritten by Atlas Insurance PCC Ltd, acting from its Gemini Cell Company. Atlas Insurance PCC Ltd is a company incorporated under Maltese law with its registered office at 47-50 Ta ’Xbiex Seafront, Ta’ Xbiex XBX 1021, Malta. Atlas Insurance PCC is authorised by the Maltese Financial Services Authority, Notabile Road, tt’Attard BKR 3000, Malta, Tel.: +356 2144 1155, https://www.mfsa.com.mt/ (C5601).
- Statute of limitations
Any action deriving from the Policy Is subject to a limitation period of three years starting from the event that gives rise to the action. However, If the party entitled to take the action proves that he/she had no knowledge of such event until a later date, the period shall start on that date provided that it does not occur more than five years after the event (the case of fraud excepted).
The invalidity of a clause or part of a clause of the Policy does not affect the validity of the Policy itself.
- Policy period