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Terms and Conditions of UNIQA Insurance Plc and UNIQA Life Insurance Plc for Distance Marketing of Insurance Services and Making Payments Through www.uniqa.bg and www.uniqa-pure.com/bg

Section I: General Provisions

1. Background

These Terms and Conditions (hereinafter referred to as “Conditions”) shall settle the relationship between UNIQA Insurance Plc and/or UNIQA Life Insurance Plc (hereinafter referred to as “UNIQA” or “Insurer”) and Insurance Service Users (hereinafter referred to as “User”, “Customer” or “Insuring”), arising from distance marketing of insurance services, as well as the terms, method and conditions under which payments of insurance premiums due shall be made through the UNIQA’s websites on the following domains: www.uniqa.bg or www.uniqa-pure.com/bg (hereinafter referred to as the Website). The website www.uniqa-pure.com/bg is technically operated by UNIQA Insurance Group AG, Untere Donaustraße 21, A-1029 Vienna, Austria. UNIQA Insurance Group AG is responsible for provision of payment services via payment service providers on this website.

UNIQA Insurance Plc is an insurance joint-stock company with registered office and management address 1000 Sofia, 18 Todor Alexandrov Blvd., registered in the commercial register at the Registry Agency under UIC 040451865 and operating in the insurance sector on the territory of the Republic of Bulgaria in accordance with Licence No. 40 of 10.08.1998, issued by the Financial Supervision Commission, email: info@uniqa.bg, customer service phone number: 0700 111 50.

UNIQA Life Insurance Plc is an insurance joint-stock company with registered office and management address 1000 Sofia, 18 Todor Alexandrov Blvd., registered in the commercial register at the Registry Agency under ЕИК 831626729 and operating in the insurance sector on the territory of the Republic of Bulgaria in accordance with Licence No. 27 of 10.08.1998, issued by the Financial Supervision Commission, email: info@uniqa.bg, customer service phone number: 0700 111 50.

Insurance Service User is a natural person or a legal entity who, by a functionality provided by the Website, shall state their wish for remote insurance contracting and/or payment of an insurance premium due. An Insurance Service User can also be a person who has obtained certain rights under an insurance contract, and a natural person or a legal entity interested in the services provided by the Insurer in relation with the Insurer’s subject of activity.

2. Application

These Conditions shall apply in all cases where a contract for distance marketing of insurance services is being entered into by UNIQA and an Insurance Service User. “Contract for distance marketing” shall mean a contract entered into on the basis of a proposal made by UNIQA, where between the date of making the offer and the date of contract conclusion the parties are not directly in touch between each other and use an exclusive means of remote communication (one or more means). These Conditions shall also apply upon payment of an insurance premium due through the UNIQA’s Website, regardless of the way of concluding the insurance contract under which such a premium is due.

By putting a tick next to the text „I agree with the terms and conditions of UNIQA Insurance Plc and UNIQA Life Insurance Plc for providing distance insurance services and making payments through www.uniqa.bg and www.uniqa-pure.com/bg“ at the Website of UNIQA, the Customers shall state that he/she has made himself/herself familiar with this document and fully accepts these Terms and Conditions.

3. Products and Services Offered

3.1. UNIQA Insurance Plc and UNIQA Life Insurance Plc shall provide all kinds of insurance services for which they are licensed under the conditions of the Insurance Code. Through the Website, the Customer shall be able to conclude a contract for distance marketing, without the need to visit an office. In case of interest in an insurance that is not offered online, the Customer may contact any UNIQA’s assistant by using the contacts at the website, visit a UNIQA’s office or office of an insurance agent.

3.2. Payment of insurance premium, via www.uniqa.bg and www.uniqa-pure.com/bg, shall be made by a banking card (debit or credit one) through the operators of electronic payment systems upon conducting eCommerce in one of the following ways:

  • For registered users – through signing in at the UNIQA’s Customer Portal by a username and password;
  • For non-registered users – directly via the webpage at www.uniqa.bg or www.uniqa-pure.com/bg.

4. Price of the Products Offered

4.1. The price of the insurance products shall be formed individually based on specified parameters valid for the person: age, risk group, vehicle’s year of manufacture, etc. Pricing shall not depend on a subjective assessment performed by UNIQA. The insurance premium due shall be evaluated by a specially developed calculator in which the Customer’s data should be entered so that a correct and successful calculation be performed. Upon any change in the parameters, the insurance premium shall also be subject to change.

4.2. The currency of any insurance premiums due through the UNIQA’s website shall be Bulgarian leva (BGN). If the insurance premium due by the Customer is in currency other than Bulgarian leva (BGN), the amount shall be recalculated in BGN based on the daily exchange rates of the Bulgarian National Bank. For every successfully made transaction, the Customer will receive a receipt for the payment made at his/her email address.

4.3. The Insurer shall not additionally charge payments through the UNIQA’s website. However, the bank which issued a card may still charge a fee for each operation with the card. For additional information, the Customer should refer to his/her serving bank.

4.4. In case of deferred payments under a Civil Liability Insurance in Respect of the Use of Motor Vehicles policy, the sticker and the Green Card Certificate will be sent to an address stated by the Insurance Service User within 3 (three) working days. The cost of the delivery shall be at the Customer’s expense, depending on the individual tariff of the courier company used by the Insurer.

5. Terminology and Definitions

Insurance policy – a part of the insurance contract, containing the names of the contracting parties, addresses, insurance coverages, limits and conditions, the insurance premium, terms under the insurance, and the signatures of the contracting parties.

Electronic order – a request for provision of insurance services, made trough the website www.uniqa.bg and/or www.uniqa-pure.com/bg, where, within the order, the Customer enters by hand his/her personal or another person’s data for the needs of the insurance policy.

Contract for distance marketing of financial services – a contract concluded between a provider and a user as a part of a system for distance marketing of financial services, organized by the provider, where the parties use one or more ways of remote communication between the moment of making the offer and contracting the insurance.

www.uniqa.bg and www.uniqa-pure.com/bg (website) – a virtual resource which enables offering insurance products and any additional services related thereto. The content of the website is intended to inform persons provided with unlimited access (users of the website) regarding UNIQA and the products and services offered.

Website – a dedicated place in the global Internet network, accessible by its unified address (URL) under HTTP or HTTPS protocol and containing files, software, text, sound, pictures, images, hyperlinks or other materials and resources.

Internet page – a part of a website, which can be either integrated or dedicated.

User – any person who visits and uses a service offered at the UNIQA’s webpage.

Username – a selected unique combination of letters, digits or letters and digits, which shall enable the individualization of the Insurance Service User at the webpage.

Password – a selected unique combination of letters and/or digits, which, together with the username, shall individualize the Insurance Service User.

Server – a device or a system of connected devices, on which system software is installed to perform tasks of information storing, processing, acceptance, or delivery.

Virtual POC terminal - a method for accepting direct payments by debit and/or credit cards via the Internet through a website, with no physical presence of the card needed. The transactions by a banking card shall be implemented in accordance with the security software of the operators of electronic payment systems upon conducting eCommerce, specified at the Insurer’s webpage.

Insuring – the person who is a party under the insurance contract.

Section II. UNIQA’s Rights and Obligations

1. In good time before a Customer is bound by an offer or a contract for distance marketing of financial services, UNIQA must timely provide the Customer with information about the Insurer, insurance service and insurance contract in accordance with Art. 8 of the Distance Marketing of Financial Services Act, as well as in compliance with Art. 324, Art. 325, Art. 326 and Art. 328 of the Insurance Code, including:

  • Pre-contractual information about the Insurer;
  • The Information Document of an insurance product;
  • General and/or Special Conditions related to the pertaining insurance product;
  • The final price with all taxes and fees included;
  • All additional costs for transport, delivery or postal charges, and where such expenses cannot be calculated in advance within reasonable limits, they shall be stated as due by the Customer;
  • Method of payment and way of service delivery;
  • The existence or lack of User’s right to withdraw from the remotely contracted insurance, and also from the conditions, contract term, and method for contract implementation.

2. If the insurance service is delivered on the territory of the Republic of Bulgaria, the above information shall be provided in Bulgarian or also in Bulgarian.

3. The Insurer shall perform an analysis of the insurance candidate’s requirements and needs by his/her answers of the questions raised on the website, and shall submit objective information on the insurance product in a comprehensible form so that the Customer would be capable of making an informed decision.

4. UNIQA must exercise due diligence so that the data and information available at www.uniqa.bg would always be kept correct and up to date, including:

  • Keeping records for having provided all the information necessary to the Insurance Service User, who has made himself/herself familiar with it and has accepted it;
  • Documenting the consent obtained by the User for distance marketing;
  • Submitting a receipt for every transaction made by a banking card;
  • Keeping records of the transactions for a successfully implemented payment;
  • Keeping records of the contracted insurance.

5. UNIQA shall not be held liable for data entered by mistake, incorrectly or in bad faith by the User.

6. UNIQA shall not be held liable for an incorrectly entered value upon payment of an instalment, where the payment is made with no user registration at the Customer Portal. Upon payment after signing in at the Customer Portal, a fixed amount will be provided for payment depending on the payment plan and the instalments due under the insurance, with no possibility for correcting such an amount. UNIQA shall not be held liable for mistakes committed during payment as a result of data incorrectly entered by the User.

7. UNIQA shall not be held liable for damages occurred as a result of circumstances out of UNIQA’s control such as, but not limited to: force majeure, random event, problems related to Internet access and connection, problems resulting from Customer’s equipment, and unauthorized access or intervention by third parties in the operation of UNIQA’s information system or servers.

8. UNIQA shall not be held liable for damages caused by Customer’s software or hardware, or for loss of data, related to using the websites www.uniqa.bg and/or www.uniqa-pure.com/bg.

9. UNIQA shall not be held liable for damages resulted from using personal data of another person, contrary to these Conditions, and for inaccurately or falsely submitted data or information.

10. UNIQA shall be entitled at any time and without notice to change these Conditions. Any change will be announced on the Insurer’s website, and by keeping on using the website after such a change has been announced, the User shall be considered informed and bound with such updates.

Section III. Insurance Service User’s Rights and Obligations

1. The User should submit correct information about his/her personal data, accurate information related to insurance contracting/amendment/termination, and related to using the Website.

2. By accepting these Conditions, the User agrees that using the services will be entirely at his/her own risk and that UNIQA shall not be held liable for any damages occurred upon using the services being provided, unless such damages are caused intentionally or as a result of gross negligence.

3. The User shall not be entitled to insurance contracting on behalf of another person’s name, except in the cases where he/she is insuring and has the insured person’s/persons’ explicit consent thereon.

4. The User shall not be entitled to register at the Customer Portal or request any additional services on behalf of another person or use another person’s personal data.

5. The User should specify a correct value for payment of the insurance premiums due by him/her and keep for consultation the pertaining receipts for the successfully made payments.

6. The Customer must not use any stolen or fake debit or credit cards. In case of using such a card, he/she shall be held criminally liable for his/her actions.

7. Upon request, the User may obtain additional information on the products offered online via the Website of UNIQA.

8. Within the validity period of the insurance contract, the Insurance Service User shall be entitled to have the conditions of the contract on a hardcopy or at a specified email address at any time when explicitly requested.

Section IV. Procedure for Distance Marketing of Insurance Services

An electronic order for remote insurance contracting shall be requested by the Customer, who should consistently follow all the steps described in this section of the Conditions. After the Customer visits the Website, he/she can make himself/herself familiar with the pre-contractual information about the Insurer and the information documents related to the insurance products offered, select an insurance product offered online and start a procedure of requesting a contract for distance marketing of insurance services.

1. Calculator of the Main Premium

1.1. After selecting a product and clicking on the ‘Buy Online’ button, the system automatically redirects to the first step of insurance contracting – “Price Offer Calculator.” Here the minimum information for calculating the insurance premium due should be entered.

1.2. For the purpose of making a price offer for the selected insurance product, the required main data should be entered correctly. By clicking on the “Calculate” button, the system calculates the main insurance premium based on the information entered. The exact insurance premium, in accordance with the User’s personal features, can be verified after correctly entering all the necessary data for the pertaining type of insurance.

2. Insurance Details

2.1. To validly request the insurance, here the Customer shall enter the details required by the system. This ensures receiving an individual price offer for the selected insurance product. In case of incorrect, incomplete, and/or inaccurate data, the Customer cannot proceed to the next step of contracting the insurance.

2.2. Before requesting insurance contracting, the Customer should make himself/herself familiar with the pre-contractual information, the information document, these Conditions, and the applicable General and/or Special Conditions of the selected insurance product.

2.3. To complete the request for distance insurance contracting, the Customer must note that he/she has made himself/herself familiar with the documents mentioned in the previous paragraph and accepts them.

3. Preview

3.1. At this stage, the Customer can verify all the data entered so far and, if necessary, make the relevant corrections.

4. Confirmation and Payment

4.1. In case of correctly entered and verified data, the system redirects to the last stage of the process “Method of payment.”

4.2. Here, the Customer shall confirm the method of payment of the insurance premium due.

4.3. The insurance premium and the other amounts due therewith shall be paid by a debit or credit card through the provided functionality of www.uniqa.bg and/or www.uniqa-pure.com/bg.

4.4. In case of payment by a debit or credit card and payment confirmation, the Customer will receive a receipt for the payment to an email address specified by him/her.

4.5. UNIQA shall not be held liable for incorrectly completed information by the Customer.

5. Insurance Premium

5.1. The insurance premiums of the products offered via the Website, shall be paid in Bulgarian leva (BGN).

5.2. In case of a compulsory insurance Civil Liability Insurance in Respect of the Use of Motor Vehicles, apart from the tax of 2% due, along with the premium, the Customer should also pay the value of the sign under Art. 10 of Regulation No. 49/16.10.2014 on the compulsory insurance, as well as the instalments due to the Guarantee Fund and Security Fund. All the amounts due by the Customer, together with the insurance premium, shall be specified on a separate line in the insurance policy.

6. Acceptance and Delivery of the Insurance Policy Requested

6.1. Insurance policies under a Civil Liability Insurance in Respect of the Use of Motor Vehicles contracted remotely and paid through the Insurer’s webpage by a debit or credit card issued in the name of the insuring:

6.1.1. After the order has been completed through the UNIQA’s online system (www.uniqa.bg) and accepted by the Insurer, the Customer will receive a message at the email stated by him/her, containing information on the insurance policy contracted and the documents attached thereto, as well as a link to the text of these Conditions. The information received by the Customer, under the previous sentence, shall not represent the insurance policy.

6.1.2. The contract shall be deemed concluded when the Insuring/Customer receives, by electronic means, the Insurer’s verification thereof. The entry into force of the insurance coverage shall be explicitly agreed in the insurance contract, but the insurance coverage cannot become effective earlier than 00.00h on the day following the day of the insurance contracting.

6.1.3. The Insurer shall provide the Insurer/Customer with the insurance policy on a hardcopy, bearing the Insurer’s handwritten signature, accompanied by a sign under Art. 487 and a Green Card Certificate under Art. 488 of the Insurance Code, by sending these to an address stated by Insurer/Customer, within 3 (three) working days.

6.1.4. Deliveries shall be made from Monday till Saturday inclusive, according to the timetable of the courier company with whom UNIQA has a contractual relationship. During official or public holidays, deliveries shall be made in accordance with the courier company’s timetable. Upon consignment delivery, the Customer must make himself/herself known to the courier by presenting an identity document and receive the policy together with all the accompanying insurance documents.

6.1.5. The courier service shall be at the Insurer’s expense. In case of withdrawal from the contract, when the documents have just been delivered by a courier, the Customer must pay the cost of the delivery.

6.1.6. In case that the User cannot be found at the stated address within the delivery period or no access is provided for the insurance policy delivery and the accompanying documents, UNIQA shall not be held liable for any possible negative consequences for the User arisen accordingly. Also, the insurance company shall not be held liable if the policy delivery has been delayed due to reasons attributable to the courier company.

6.2. Remotely contracted policies under the other insurance products offered by the Insurer:

6.2.1. After a successfully made request for contract for distance marketing of insurance services via the Website, the Customer shall receive the following items (as attached documents) to an address stated by him/her: the insurance policy, the receipt for the payment, all the accompanying conditions and documents, as well as a link to the text of these Conditions. The insurance policy received by the Customer, together with the documents attached thereto, shall have the force of contracted insurance.

Section V: Cancellation of an Order Submitted and Repayment of Amounts

1. According to Art. 12, Par. 1 of the Distance Marketing of Financial Services Act (DMFSA): the Customer, a natural person who, being a party under a contract for distance marketing of financial services, acts out of his/her commercial or professional activity and shall be entitled, without any compensation or penalty due, to withdraw from the contract concluded within 14 (fourteen) days with effect from the date of concluding the contract or the day on which the User receives the conditions of the contracts and the information under Art. 10, Par. 1 and 2, if this takes place after the contract conclusion.

2. According to Par. 3, P. 2 of the same provision, the right under the preceding point shall not be applied for insurance contracts about travel, baggage or other short-term insurance contracts of duration shorter than one month.

3. By accepting these Conditions, the User shall be considered to give his/her explicit consent within the meaning of Art. 13, Par. 1, Sentence 2 of the Distance Marketing of Financial Services Act, that the contract implementation would begin before the expiry of the term for exercising the right of cancellation.

4. In case of exercising the right of cancellation under Art. 12, Par. 1 of the DMFSA, the User shall owe to UNIQA the part of the insurance premium and the tax thereon for the period when UNIQA had the risk in case of an insurance event not occurred, as well as the administrative costs incurred, including the cost of the sticker, Green Card Certificate and fees payable to the Guarantee and Security Fund, if the insurance contract has become effective.

5. UNIQA must repay the User all the amounts paid except the ones specified in P. 4 of these Conditions not later than 30 days of receiving a notification in the form of a narrative description about the wish to exercise the right of cancellation under Art. 13, Par. 5 of the DMFSA.

6. To exercise his/her right of cancellation under Civil Liability Insurance in Respect of the Use of Motor Vehicles under the procedure of Art. 12 of the DMFSA, the Insuring/Customer, being a User within the meaning of Art. 7, Par. 2, idem, must return the Insurer, or the Insurance Agent accordingly, the received insurance policy, the Green Card certificate and the pertaining piece of the sign under Art. 487, in compliance with the regulation under Art. 504, Par. 1 of the Insurance Code.

7. In case of withdrawal from the insurance, the User should submit a notification with a banking account stated therein. Amounts shall only be repaid to a banking account in the name of the Insuring (the person liable for premium payment). The notification can be submitted by one of the following ways:

7.1. For online contracted policies, except insurance products from the line of “Pure”:

  • Personally by the Customer at either the Headquarter or UNIQA’s office;
  • The original shall be sent by courier, or a scanned copy of the insurance request shall be submitted to UNIQA’s email: info@uniqa.bg.

7.2. For online contracted policies under the line of “Pure” insurance products:

  • On UNIQA’s website, www.uniqa.bg or by email to customer@uniqa.bg.

In case of an unauthorized transaction done by the cardholder through the UNIQA’s Virtual POC or in case of insurance denial, the amount shall be repaid by a reverse operation under the card by which the payment was made.

Section VI. Guarantee Fund

1. All Insurers having registered offices in the Republic of Bulgaria, offering compulsory Civil Liability Insurance in Respect of the Use of Motor Vehicles and/or compulsory Accident Insurance of Passengers in the Motor Vehicle, or insurance under Section I of Annex No. 1 of the Insurance Code, shall make instalments in the Guarantee Fund to the amount specified by the Financial Supervision Commission.

Detailed information of the Guarantee Fund can be found at the institution’s website: http://guaranteefund.org/bg

Section VII. Collecting and Processing Personal Data

1. UNIQA shall guarantee the integrity of the personal data of its Customers. Disclosure of personal data and submitting it to third parties shall be only possible in accordance with the requirements of the Insurance Code and the other applicable regulations, and in the cases where this is explicitly stated by governmental and regulatory bodies, Guarantee Fund, reinsurance companies and other persons authorised by law to request and collect information containing personal data, and also where the related person has given his/her consent thereof. Detailed information on the grounds and purposes of personal data processing is stated in the “Notification of Confidentiality” available at the Insurer’s Website.

2. UNIQA can process the personal data provided by the User for direct marketing only with the User’s explicit consent. The User shall be entitled to withdraw his/her consent at any time by sending a pertaining request to UNIQA.

Section VIII. Notifications Under the Insurance Contract

1. Upon completing the electronic order for insurance contracting, the Insuring/Customer shall state an email address and a mobile phone number, to which he/she will receive messages from the Insurer.

2. In case of the initially indicated email address and/or mobile phone number changed, the Insuring/Customer must immediately inform the Insurer thereof and report his/her new email address or phone number.

3. In case that the Insurer has not been notified of the change, all the messages shall be sent to the email or mobile phone number initially stated in the electronic form of insurance contracting, and all the messages shall be deemed to be handed by the Insurer, with all the legal consequences provided for by the law or the insurance policy.

Section IX. Additional Provisions

1. The Customer shall agree that these Conditions shall only refer to the access and use of the Website and that they shall neither cancel nor supersede the General and/or Special Conditions applicable to every single insurance product.

2. The parties shall agree that the insurance documents shall be signed by the Insuring/Customer by a unique code sent by SMS to a phone number stated by the person, and that such a signature shall be considered handwritten if the Customer has paid the insurance premium or the pertaining instalment thereunder through the Insurer’s webpage by a credit or debit card.

Section X. Applicable Legislation

1. For any issues unsettled by these Conditions, the provisions of the effective legislation of the Republic of Bulgaria shall apply.

2. In case of disputes arisen between the Insurer and the Insuring/Customer in respect of the insurance contracts, which cannot be settled voluntarily, such disputes shall be settled by legal proceedings before a competent Bulgarian court.

By entering into force of these Conditions, the validity of the Terms and Conditions of UNIQA Insurance Plc and UNIQA Life insurance Plc for distance marketing of insurance services and making payments through www.uniqa.bg“, effective as of 01.07.2019, shall be terminated.

These Conditions of UNIQA Insurance Plc and UNIQA Life Insurance Plc for distance marketing of insurance services and making payments through www.uniqa.bg and/or www.uniqa-pure.com/bg have been adopted by a decision of the Management Board of the pertaining company on 07.10.2019 and shall enter into force on 14.10.2019.

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