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1. Linea Directa Damage due to a defect inherent vice or inadequate conservation of the building or goods insured Damage due to a reaction nuclear radiation or radioactive contamination Q Indirect loss of all kinds not ex pressly insured amongst the covered risks O Any risks covered by the Insurance Compensation Consortium or when the Consortium does not accept the Insured s effective right due to a breach of any of the rules established in the Re gulations and Complementary Provisions in force on the date of occurrence Also excluded will be the differences between the damage caused and the amounts compensated by the Insurance Compensation Consortium due to the application of excesses or deductions or the application of proportional rules and other limitations General Conditions Appendix included in the Home Assistance Guarantee The insurance is extended to the guaran tees declared in the article 2 of this appen dix provided that it is expressly declared in the Particular Conditions and that the co rresponding premium payment is made For such the Claim Management Service is available for you 24 hours a day 365 days a year I Definitions 2 Guarantees covered 1 1 Insured For the purposes of this cover for Home Assistance Insured status will be held by the individual acting as such in the main insuran ce his spouse ascendants and descendants in the first degree
2. What does your insurance cover We will guarantee up to 576 of the Content base capital up to a maximum of 300 per loss regardless of the number of injured per sons L nea Directa will guarantee as a First Loss all medical assistance expenses incurred by the Insured his relatives and domestic staff living with him as a result of a hold up or at tempted hold up suffered by the same inside or outside the home Medical assistance expenses will include me dical expenses in general including pharma ceutical expenses and hospitalization in clinics and hospitals including in any case all urgent assistance required Article 20 What does your insurance cover We will guarantee the insured goods up to 100 of the base capital of the Building and Content respectively for any material and di rect damages caused by the action of water due to Accidental and unforeseen spillage as a con sequence of Breakage of water taps and valves Failure to turn the water taps off Overflow of fixed water tanks located inside the building Damages caused by blockage or breakage of hot and cold water pipes and pipelines as well as wastewater downpipes located inside the building Leaks from adjacent or upper homes exclu ded those which sources are established at the risks covered by article 20 Pipe freezing When the Building is guaranteed expenses from troubleshooting and repairing of b
3. e Social and family risk situations inclu ding abuse and similar problems Q Location of resources o Additions or degenerative disorders social and health resources Q Voluntary work associations This service will be provided from 9 00 to 19 00 hours Monday to Friday except for national holidays 2 18 Home Computer Assistance A Technological services 2 18 1 Remote computer assistance This service allows the Insured to contact a qualified technician by telephone or on a chat on the Internet in order to receive technical support in the use of a PC des ktop or laptop within the scope of this insurance policy Amongst others technical assistance will be provided on the following issues Hardware G Desktop computers b Laptop computers c Printers Scanners G Standard GPS portable navigators Q Other peripherals Software G Computer configuration S Windows 2000 XP Vista S Outlook and or Outlook Express S Internet Explorer S Word S Excel S Access S PowerPoint o 0060007mq i Antivirus McAfee Norton Panda Sy mantec TrendMicro Acrobat Reader Q WinZip Reader 1 PC PDA synchronizers Other commonly used applications Internet G Configuration nternet connections RTC ADSL Cable Use of e mail attachments back up copies address book etc o nternet search engines Google MSN Yahoo etc o Purchases on the Internet and payment sec
4. Frost cold ice waves or tides even when these phenomena are caused by the wind Damage caused by extraordinary wind i e gusts of wind that exceed 135 km hour Article 22 What does your insurance cover We will guarantee the insured goods up to 100 of the base capital of the Building and Content respectively for any material damage suffered as a result of flooding or an accidental diversion in the ordinary course of water flow in channels ditches sewage or other flows or similar conducts constructed by man The following will be excluded Damage caused by the flooding of rivers and other natural flows due to seawater or the breakage of dams or dykes Article 23 What does your insurance cover We will guarantee the insured goods up to 100 of the base capital of the Building and Content respectively for the damage caused by vandalism or ill intent committed indivi dually or collectively by individuals other than those for whom the Insured is liable The following will be excluded Damage or expenses of any kind caused by graffiti inscriptions the putting up of signs and similar acts Damages caused by any person that has a contractual relation with the insured or by any lawful or unlawful occupant of the home Linea Directa Article 24 What does your insurance cover We will guarantee the insured goods up to 100 of the base capital insured for the Buil ding an
5. In the case of cover for loss of profits the Excess payable by the insured shall be that specified in the Policy for loss of profits in or dinary losses 4 Extension of cover Cover of extraordinary risks will extend to the same persons and assets and insured sums as those established in the Policy for ordinary risks Linea Directa PROCEDURE TO FOLLOW IN THE CASE OF A RISK INDEMNIFIABLE BY THE INSURANCE COMPENSA TION CONSORTIUM In the event of a loss the Insured Policyholder beneficiary or the res pective legal representatives thereof directly or through the insurance company or insurance broker must notify within a period of 7 days from the date on which they have knowled ge thereof the occurrence of the loss at the corresponding regional delega tion of the Consortium in accordance with the place at which the loss occu rred The notification will be made on the form provided for this purpose which is available on the web page of the Consortium www consorsegu ros es or at the offices of the Con sortium or of the insurance company The documentation required in accor dance with the nature of the damages or injuries should be attached to this form Likewise the remains and vestiges of the loss should be preserved for the loss adjustment procedure and should this prove totally impossible supporting documentation relating to the damages should be presen ted such as photographs
6. L nea Directa may exercise the rights and actions corresponding to the In sured by virtue of the loss against the per sons responsible for the same up to the limit of the compensation How are your goods valued Appraisal of the damage will be carried out separately for the value as new and the actual value subject to the following rules Buildings will be assessed at their fair price according to their new construction value at the time before the loss and to determine the actual value the difference between new and old will be deducted according to use and state of conservation The furnishings personal items and installa tions will be assessed at their fair price ac cording to their value as new on the market at the time before the loss and in order to reach the actual value any deductions applicable will be taken into account ba sed on use degree of wear and tear and state of conservation If the goods do not exist on the market other goods of similar characteristics and yield will be used for the valuation ewellery and works of art and all types of rare or precious objects that are insured for specific amounts will be valued for the price insured unless acceptance was provided as a result of violence coercion or wilful intent or if the mistaken appraisal is significantly higher than the actual value at the time of occurrence of the loss event determined Dy an expert The indemnifiable
7. grammes he deems appropriate from a catalogue previously defined by L nea Di recta Both the downloading and programme li cence will be cost free L nea Directa will not be liable for any po tential virus malware defects etc contai ned in the software installed 33 General Conditions B Cover due to the fraudulent use of cards and access to bank accounts 2 18 6 Fraudulent use of cards and access to bank accounts This cover will guarantee payment of up to 1 000 per loss and year for the fraudu lent use over the Internet by third parties of credit or debit cards or access to bank accounts In either case the holder must be the Policyholder and all of the following circumstances must exist The fraudulent use is made by third parties Q The fraudulent operation is carried out over the Internet o The fraudulent use is carried out at any time up to 48 hours following notice of the fraudulent use of the codes rob bery pillage or misplacement to the is suer or notice to the financial institution of access to the bank accounts o The filing of a police report Qo Justification of illegal movements with the relevant bank statements C Other guarantees and services 2 18 7 Management of Internet access service The Insured may apply for the necessary steps to register de register or change his contract with the Internet service provider L nea Directa will take the necessary steps by
8. the amount indicated Claim event A sudden and unforeseen event beyond the Insured s control the harmful economic consequences of which are covered by the Policy Said harmful economic consequen ces must be a direct result of the event The entire damage derived from the same event caused over the same period of time will amount to a single claim Material damages Direct damages resulting from a claim event covered by the Policy that are suffered by the insured goods and which affect the functionality thereof Not to be conside red as such are any damages which are not functional or which are merely aesthetic Building All or part of the construction used as a home consisting of foundations walls par titions roofs or ceilings as well as fixed ins tallations such as heating air conditioning water electricity and gas telephone and sewage television antennae solar plates in cluding the value of the lining of floors cei lings or walls such as floorboards wallpaper paint wood or plaster ornaments security installations and in general everything that represents the building home indicated in the Particular Conditions of the Policy in cluding fences enclosures walls and other enclosing components of the building as well as swimming pools tennis courts and annexed constructions provided that the latter are within the precinct where the main home is located Also included in the buil
9. Insured s request will provide information related to the following National hospitals Information on Clinics Hospitals and Sanatoriums Non hospital centres in Spain Informa tion on Health Centres Walk in Clinics doctor s offices First Aid Posts in Spanish territory Professional associations Telephones and addresses of Spanish professional associa tions of Doctors Pharmacists Dentists Nurses Physiotherapists Opticians National foundations and associations of professionals users and patients addresses and telephones Addresses and telephones of Public Health Bodies Ministry of Health and Consumers Academic institutions Addresses and te lephones of national health academic insti tutions such as Faculties Royal Academies Schools Pharmacies information address and tele phone numbers of pharmacies in each city including all night pharmacies Vaccination centres information on recom mended and obligatory vaccines required in various countries worldwide including vaccination centres within the national te rritory authorised by WHO addresses and telephone numbers Health insurance companies addresses and telephone numbers nternational health bodies information on international health bodies located within the national territory 2 16 Assistance to pets Pets For the purposes of this cover L nea Directa will exclusive consider cats and dogs without distin
10. amount to be apprai sed for the difference between the actual Linea Directa value of the damaged goods and their va lue as new may not exceed 30 of their value as new any excess will always be borne by the Insured Motor vehicles will be valued at their guidebook value at the date immediately prior to the loss with a deduction in the event of total loss of the value of the re mains The provisions of the foregoing pa ragraph will not apply Application of the proportional rule f at the time of occurrence of the loss the sum insured taking into account the 30 depreciation limit foreseen in this article is ess than the interest value Linea Directa will pay compensation for the damage cau sed in the same proportion as the insured interest covered f the proportional rule foreseen in the pre ceding paragraph is applied if the capital insured is equal to or less than the actual value the compensation will be calculated as if the insurance were not executed for value as new If higher than the actual value first of all the compensation corresponding to said real value will be calculated and the remainder will be applied as new If the sum insured is higher than the inter est value we will compensate the damage effectively caused f more than one insurance policy exists over the same objects and risks declared pursuant to the provisions of Article 12 L nea Directa will contribute towards t
11. or lack of mainte nance of frames or fastenings Existing when the insurance was taken out Scratches flakings and other facts that cause aesthetic defects Damages caused by frames or paintings replacement Article 26 What does your insurance cover This will only be guaranteed if the Building is insured up to a maximum of 3 000 for payment of the price of replacing the mate rials of the insured Building not directly affec ted by the loss event as long as said replace ment is necessary due to a confirmed clear lack of aesthetics or harmony with the ma terials of the construction unit to which they belong and which furthermore are a result of damage indemnifiable under the Policy Article 27 n during d trips What does your insurance cover We will guarantee up to a limit of 10 of the basic content capital and up to a maxi mum of 3 000 per loss event for insured goods that suffer damage as a result of any risk covered by the Policy during their pro visional relocation during a trip or whilst enjoying your holidays as long as they are located in hotel rooms or apartments This guarantee will not be valid if the insu red risk has been subscribed as a second home Jewellery and valuables will be guaranteed when deposited in the safety deposit box of a hotel The following will be excluded Objects located inside cars Money pawn slips certificates securi ties
12. redirect the Insured to the health processional it deems best if necessary In no case will the medi cal guidance service diagnose or prescribe any treatment whatsoever Forthe most serious and urgent cases L nea Directa may activate the necessary health assistance services requesting the priority intervention of public emergency services the Insured will bear all expenses incurred as a result of this service 2 14 1 Second Medical Opinion The Insured may request that the insurance company process an application for a se cond opinion on a serious illness previously diagnosed in Spain To do this the Insured will make a request by phone and will pro vide the initial medical report together with any tests already conducted which the insu rance company will forward to a specialised and renowned medical centre with which this service is agreed in order to study and analyse and subsequently inform the Insu red of the conclusions reached by the study The insurance company guarantees the confidentiality of all information If addi tional medical tests are necessary in the opinion of the specialist doctors who are assessing the case these will be financed by the Insured 28 This service will be provided between 9 00 and 19 00 hours Monday to Friday except for national holidays This guarantee does not amount to a Health or Medical Assistance Insurance 2 15 Medical information L nea Directa at the
13. shortest time possible and in any case within a period of 7 days from the date on which they have knowledge thereof L nea Directa may claim for damages caused should this obligation not be complied with Use all means available to them to reduce the consequences of the loss Fai lure to comply with this duty will entitle Linea Directa to reduce the compensa tion in proportion to any damages cau sed thereto and the company shall be relieved of its obligation to provide the compensation if this failure to comply was deliberate and with the intention of har ming or deceiving Linea Directa Q Preserve the remains and vestiges of the claim item event until the damage appraisal has been completed unless this is justified as being materially impossible o Except in the event of manifest ur gency the Insured must wait for the damage to be assessed by L nea Directa before repairing it For this purpose the Insured has been given a customer assis tance telephone number that works 24 hours a day every day of the year for reporting any claim at this number the Insured will be provided with a qualified professional o The Insured will be obliged to inform the Authorities of the occurrence of any event of robbery and or pillage or theft providing L nea Directa with a copy of the police report Q The Insured may not without L nea Directa s authorisation negotiate accept or refuse any claim related to the los
14. telephone and will deliver all documents and letters L nea Directa does not guarantee any result whatsoever derived from Linea Directa these measures nor does it assume any responsibility for delays silence penalties debits to an account or any other damage caused to the Insured by Internet access service providers 3 System followed to Provide the Service 3 1 Application All services will be requested by calling the Company s specific Assistance telephone number 24 hours a day including Sundays and holidays When placing the call the In sured will give his name insurance policy number telephone number and the type of assistance required In non urgent cases we suggest that ser vices be requested during working days between 9 00 and 18 00 hours 3 2 Provision All urgent services corresponding to gua rantees 2 1 1 to 2 1 9 2 1 and 2 3 will be provided as soon as possible All other services will be provided during the course of the day as long as it is a wor king day and the services are requested between 9 00 and 18 00 hours 4 Services Warranty L nea Directa will provide a 3 month warranty for all work carried out further to these conditions 5 Rates The following Rates will apply 5 Transfer Cost free in all cases 5 2 Workmanship Cost free for guarantee 2 3 Urgent chan ging of locks In the execution of the remaining guaran tees Price Agre
15. the client s right decision to claim against this General Conditions Your notes 41 Contact Telephones Customer Assistance Service 902 123 586 Monday to Friday from 8 00 to 22 00 hours Saturdays from 9 00 to 15 00 hours Claim Management Service 902 123 586 24 hours a day every day of the year Complaints and Demands 902 367 167 Monday to Friday from 8 00 to 19 30 hours Computer Assistance Helpline 902 197 715 24 hours a day every day of the year Home Response 902 197 715 Legal Advice Phone Medical Guidance Phone and Second Medical Opinion 24 hours a day every day of the year www lineadirecta com Una compa ia bankinter linea directa
16. the use of non motorized land or sea vehicles Any civil liability to which the Insured is subject as the tenant of his home vis vis the owner thereof will only be gua ranteed under the insurance if it is due to a fire explosion and water damage o9 Civil Liability of the Owner fthe Policy insures the risks suffered by the Building L nea Directa will also guarantee he payment of compensation which fur her to Article 1 207 and 1 208 of the Spa nish Civil Code the Insured is personally obliged to pay for the damage caused to hird parties as the owner of his home as well as the proportional part of damage it is obliged to remedy according to his percentage of co ownership over all the common components of the building and its installations in any claims attributable o the Condominium of Owners e Court deposits The provision of any court deposits requi red of the Insured to cover his civil liability for parole and or to guarantee pecuniary obligations 4 Legal defence L nea Directa will assume the legal defen ce against any claim brought by a damaged party appointing lawyers and court attor neys to defend and represent the Insured in any court proceedings brought against him to claim civil liability covered by this Policy even if such claims are groundless Regardless of the final resolution or outco me of the court proceedings L nea Direc ta reserves the right to bring any applic
17. trips 9 Food poisoning C C C C C C C C C CKC een enn eee elle lere 9 Supplementary expenses 9 Civil liability court deposits and legal defence 20 Common exclusions in all guarantees 23 APPENDIX INCLUDED IN THE HOME ASSISTANCE GUARANTEE 25 Guarantees covered 25 EXtlUSIOFIS oc eurn bini ene ces Reed See eee eee Soe See Bee eee 35 IIl INSURANCE COMPENSATION CONSORTIUM 36 Summary of the legal regulations 36 Procedure to follow in the case of a risk indemnifiable by the Insurance Compensation Consortium IV CLAIMS APPLICATIONS cece recess V PERSONAL DATA PROTECTION General Conditions I Introduction to the Policy 1 1 Legal Framework 1 Applicable Legislation This policy is governed by the Law on Insurance Contracts by the amended text ofthe Law on Arrangement and Supervision of Private Insurance and by the agreements of these General Conditions the Particular Conditions and the Special Conditions and by any regulations which may in the future replace or modify the foregoing Control of the insurance activity of L nea Directa Aseguradora c
18. General Conditions Home Premium Your house in the best hands Una compa ia bankinter linea directa Home Insurance Policy Home Insurance Policy BOO January 2014 Linea Directa Index Il INTRODUCTION TO THE POLICY J Legal Framework 2 eee eee eee eee eee eee 3 2 Insurance Terms aasa tnad ie i ee ee Rie ie cate 3 3 Bases of the Policy 6 4 Obligations of the Policyholder and or the Insured 8 5 Obligations of L nea Directa Il GENERAL CONDITIONS COVERS 13 Fire explosion bolt of lighting electrical damage 3 Robbery pillage and theft 4 Medical assistance due to pillage or a hold up 6 Water damage 2 2 en een eee ee eee eee 6 Rain snow wind and hail 7 Floods and landslides 7 Vandalismi eue 2 5 4 2 mittunt ek Giana tocan ord e regie Speen re olo 7 Smoke collisions aircraft sonic waves 8 Breakage of window panes or glass sanitary ware counters and smooth top ranges 18 Aesthetic damage 2 eee eee ee eee 8 Transfers during holidays and
19. a ble legal remedies against said resolution or outcome or to agree with the same If L nea Directa deems it unsuitable to bring an appeal it will duly inform the In sured who will be free to bring it exclusi vely on his own L nea Directa will reim burse any court expenses and lawyer and court attorney fees if said appeal were upheld If any conflict arises between the Insured and Linea Directa as a result of having to use the accident to defend interests con 21 General Conditions trary to his defence this will be notified to the Insured without prejudice to any urgent steps that are necessary for his de fence In such case the Insured may choo se between L nea Directa continuing with his legal defence or entrusting his own defence to somebody else In this latter case L nea Directa will be obliged to pay the expenses of such legal defence up to a limit of 3 000 Q Judicial expensess Payment of all court or out of court ex penses and costs inherent to the loss in the same proportion applicable between the compensation to be paid by L nea Di recta according to the provisions of the Policy and the total liability of the Insured for the loss Qo Exemption of expenses The civil liability guarantees covered by sections 30 and 30 2 will be exempt from any deduction for court or out of court expenses which as a result of pro cessing the claim are suffered by L nea Directa whenever such e
20. amage arising from the following Robbery The removal damage or misappropriation of the insured goods located inside the home caused by third parties against the Insured s wish through the scaling of walls breaking of a wall ceiling or floor or brea king down of a door or window the use of false keys or the shut down of specific alarm or surveillance systems In the case of objects insured that are saved in a built in safe apart from penetration into the home in any of the forms indica ted in the foregoing paragraph the robbery must be committed by breaking down the same or forcing open the locks or by dis closing the passwords in order to remove the content The following will be excluded Robbery committed through the Insured s negligence or of his depen dents or co habitants Robbery committed as a result of not having adopted the security and protec tion measures declared by the Insured when he took out the insurance n an ordinary residence the theft of any jewels and valuables not saved in built in safety boxes or that weigh more than 100 kg It will be also excluded if the house has been unoccupied for more 120 consecutive hours Goods located on the outside of the home in strict terms even if located on the same plot of land n the event of a second or holiday home valuables jewellery and cash Damage Damage derived from a robbery or at tempted robbery suffe
21. and other dependent relati ves who usually live with him 1 2 Scope of cover The guarantees indicated below will only apply due to circumstances that affect or ari se in the home insured by this Policy 1 3 Accidental event Any external event beyond the Insured s control which excludes all types of break downs due to intrinsic causes and wear and tear use or natural damage Nor will a lack of electricity or water supply be considered an accidental event This definition will only apply to guarantees 2 3 24 and 2 5 The services included in guarantee 2 1 may be used in the conditions indicated in the Policy as long as the Insured deems this necessary 2 1 Services To provide the Insured with no travelling cost whatsoever with a qualified professio nal to handle the services required included amongst the following l Plumbing 4 Electricians 3 Glass repairmen 4 Carpentry 5 Locksmiths 6 Appliances 7 Televisions and videos 8 Antenna operators 9 Bricklayers Painting Blinds Plaster works Fitted carpets Floorboards 16 Metal carpentry 17 Upholstery work 18 Varnishing work 19 Window cleaners 20 Gardeners 2l Minor removals ARWN S ES EAS EJ BO Re l RB uN RI P T hh 2 2 Urgent change of locks If the Insured cannot enter the insured home due to any accidental event such as a loss mis placement or theft of keys or a broken in lock due to attempt
22. aused exclusively by the heat by direct or indirect contact with hea ting appliance lights or cookers due to smoker s accidents or when the objects exceptionally fall into the fire unless such events are a result of a fire in strict terms or when the fire is caused for the fore going reasons Damage caused to electrical installations or appliance and accessories thereof due to electricity or a lighting bolt even if a fire occurs Fire caused by the Insured s wilfull intent or gross negligence e Explosion A sudden and violent action from the pressu re or fall in gas or steam both if it takes place inside the home or in its surroundings as long as it arises from substances or appliance cu rrently used in homes or installations which such as public gas heating or hot water are generally known and used The following will be excluded Damage caused by the explosion of ma terials to be used as explosives or other substances or appliance not commonly used in the home Lightning bolts A lightning bolt electrical discharge from the air and the consequences thereof The following will be excluded Damage caused to electrical installa tions or appliance and accessories the reof even if a fire occurs Linea Directa 4 Damage to gardens or trees Provided that the Building is insured and within the guarantees foreseen in Articles 17 1 17 2 and 17 3 L nea Directa will cover u
23. cheques credit cards stamped or commercial effects and samples of all kinds Article 28 What does your insurance cover We will provide cover as part of the insu red capital for content up to a maximum of 300 per claim for food stored in a domes tic refrigerator or freezer spoiled or rotted as a consequence of An increase in temperature as a result of a breakdown Anaccidental leak in refrigeration or refri gerating gas General Conditions A failure in electricity supply that lasts longer than six consecutive hours The Insured will justify the occurrence of the loss by means of an invoice for the repair of the breakdown or documentary justifica tion from the electricity company This guarantee will not be valid if the in sured home is used as a second home or for rent The following will be excluded Loss occurring when the home is left vacant for longer than 96 consecutive hours Loss occurring due to a breakdown in electricity current for periods shorter than 6 consecutive hours Article 29 intary What does your insurance cover We will guarantee the following expenses as long as they are a direct consequence of a loss guaranteed by this Policy 1 Rescue expenses Originated by the use of means to mitigate the consequences of the accident including those derived from the transport of insured effects and any other measures adopted by the Insured or by the A
24. ction of breeds as pets provided that they live with the Insured in the area of the home covered by the insurance and that they are registered with the corresponding chip 2 16 Death due to an accident In the event of death due to an accident suffered by a pet the costs derived from this circumstance will be reimbursed such as veterinary expenses transfer expenses and burial or incineration expenses In order to apply for reimbursement of these expenses original bills will be neces sary For this guarantee there will be an insured sum of 700 per event and year Forthe purposes ofthis cover L nea Directa will exclusive consider as an accident any external fact or phenomenon against the Insured s will which will have to take place in a natural and unpredictable way that unintentionally causes harm or damages or even death which may be measurable by an expert to the pet Such expert after the corresponding veterinary examination will declare whether the pet s damages were caused by or are a consequence of an accident in the report L nea Directa will not consider as an accident and therefore will exclude any facts that cannot be properly detailed and proved in a veterinary report and which causes do not comply with this definition of accident 29 General Conditions 2 16 2 Veterinary expenses f the insured animal suffers an accident L nea Directa will cover the expenses of veterinary
25. d of notice prior to termination of the period in progress of two months Should the risk cease to exist due to total oss all the Policy guarantees will be dis charged Article 4 The guarantees of this insurance will cover and be limited to the following Q For the risks foreseen in Articles 7 and 18 except for 18 5 20 21 to 26 28 and 29 exclusively in the building or flat used as a home and indicated in the Particular Conditions b For the guarantees foreseen in Articles 18 5 19 27 30 31 32 and 33 to include any consequential damage occurring anywhere in Spanish territory as long as it is claimed in Spain The guarantee for Family Civil Liability foreseen in Article 30 1 will cover European Union countries and Andorra as long as he insured home is the main or ordinary residence Article 5 tions All communications between the Policyhol der Insured or Beneficiary and L nea Directa that are required as a result of this Policy may be made by telephone by telematic means or by any other means agreed on in the Particular Conditions without prejudice to either ofthe parties right to request written confirmation General Conditions When communications from L nea Directa are made in writing these will be sent to the address shown in the Policy Written com munications which are refused registered letters which are not collected from the post office and communications which do not
26. d or Content as applicable for damage caused by 1 Smoke from fires or accidental and sudden leaks occurring in combustion cookers or hea ting systems that are connected to chimneys through adequate conducts Damage arising from the effect of constant smoke will be excluded Impact or collision of any kind with third party vehicles 3 The fall of aircraft or other third party air borne appliance or objects thereof 4 Sonic waves caused by aircraft when cros sing the sound barrier Article 25 What does your insurance cover We will guarantee the replacement of broken glass from pieces of furniture and decoration up to 10076 of the base capital of the Content We will guarantee the replacement of the following elements up to 10076 of the insured sum of the building and pro vided that such elements are conside red as fixed parts of the home Breakage of glass from doors windows and terraces of your home Breakage of surfaces made of marble granite and compact quartz or silestone material Glass from glass ceramic hob Bathroom fittings made of ceramic or fiberglass inside your home The following are excluded Hand held objects lamps objects for personal use and non fixed decorative elements aquarium glass tableware and audio video or electronic appliance Breakage Due to a failure in the proper insta lling of the insured goods and or due to dilapidated condition
27. der s obligations to pay the receipt and return the Policy sent to them by L nea Directa duly signed The refore the effects of the policy contracted and any modifications or additions thereto will be binding upon both L nea Directa and the Insured from the moment in which both parties declare their agreement there to by telephone or telematic means or as of the date expressly indicated in the appli cation sent by the broker to L nea Directa Aseguradora upon signature of the Policy and as soon as payment ofthe premium has been met The Policyholder may unilaterally cancel the contract during the fourteen days af ter receipt of these contractual Conditions provided that no loss has occurred To do this they should notify L nea Directa by any means that provides a record of the noti fication without the need to provide any reason From the moment that this notifi cation is issued the risk will cease to be co vered by L nea Directa who within 30 days will proceed without applying any penalty whatsoever to return the unearned part of the premium Article 3 The term of the Policy will be that agreed on in the Particular Conditions If it is for an annual period the Policy will be deemed to be extended for equal successive periods upon each expiry date Both parties may oppose extension of the Policy by means of written notification to he other party performed with a perio
28. ding will be storage basements garage spaces and in general any premises which albeit not an integral part of the same space as the home are located in the same building as the home for private and exclusive use In the event of co ownership the insurance guarantee will cover apart from the divided part owned the relevant proportion in the undivided property Content All of the components inherent and belon ging to the furnishings belongings clothes and domestic items of the Insured his re latives domestic staff and other individuals usually living with the same cost free inclu ding furs radios televisions and domestic appliances This item will also include Paintings tapestries rugs works of art silver and bronze objects ivory and co llections as long as their individual value is less than 1 800 he furniture and professional items of the Insured deposited in any room ofthe home used as an office or professional studio as long as the value of said goods does not represent overall more than 25 of the total capital for Content Clothes and possessions for common use bicycles sports items and tools de posited in storage rooms up to a maxi mum of 600 provided that they meet the requirements of exclusivity and use established in the Building definition Motor vehicles cars of any kind and mo torcycles of all cubic capacities that may be found inside the home o
29. e different guarantees pro vided that they where located inside the home excluded garage spaces storage Fooms terraces porches or annexed faci lities even if such places are properly pro tected with locks To cover valuables and jewellery it is con venient to consider all objects that belongs to a set or collection as a unique unit Main residence Where the Insured ordinarily resides and is not left vacant more than 30 consecuti ve days a year Second home Used occasionally by the Insured on wee kends holidays or similar periods of time Value as new The price of repairing or replacing any damaged or destroyed objects as new The price of reconstructing the building and its installations The actual market value of jewellery and works of art First loss f an accident is suffered by goods insured under this form of insurance L nea Directa will bear all losses up to the total guaran teed regardless of their value Therefore if said value is higher than the one guaran teed the proportional rule will not apply Home protection and Security Measures n the case of ground floor flats or apartments single family homes and hou ses the necessary protection will include wood PVC armoured or metal doors Linea Directa with glass and a grid fitted with security fasteners or locks or more than one lock Windows fitted with bars or opaque me tal blinds or internal fasteners or shut
30. e him in any legal issue that may arise in relation to Legal issues related to rights held over the insured home whether as owner or tenant Legal issues related to the Insured vate and family life as consumer s pri Any consultation related to a robbery and always in relation to Spanish law These consultations will be handled ver bally and will not entail a written opinion on the matter consulted 2 8 Early return due to a serious event If during the Insured s travelling abroad a serious event takes place in his home Linea Directa will provide the Insured with a re turn airplane ticket on a regular flight tou rist class or a train ticket first class to his home further to the Insured s presenta tion of a document confirming such event 2 9 Message transfer Linea Directa through a 24 hour service will accept and forward urgent messages from the Insureds as long as they do not have other means to deliver the same and provided that the messages are a result of a guarantee covered by the contract 2 10 Sending of a doctor in the case of an accident f the Insured suffers personal injury as a re sult of an unforeseen accident in the home L nea Directa will handle as allowed by local health regulations the sending of a general practitioner to the Insured s home L nea Directa will bear all transfer expenses and doctor s fees arising from this visit On other occasions a tra
31. ed Minimum 15 minute service First hour of service Successive half hour fractions 6 Payment of services requested The Insured will pay the invoices applica ble to the service requested except for those services expressly foreseen as cost free Even if it is deemed that the event giving rise to an action under the Company s Assistance Conditions was a loss able to be claimed under the General Conditions the Insured will pay the invoice applicable to the service requested regardless of whether he also declares and processes the loss claim as regulated in said General Conditions General Conditions 7 Exclusions These Particular Conditions will not gua rantee any type of event that is directly or indirectly derived from the following a The Insured s wilful intent or gross negligence b Political social or unforeseen acts re sulting from civil disturbances mutinies strikes internal conflicts and sabotage c Civil or International War whether or not officially declared civil or military uprisings insurrection rebellion revolu tion and warfare of all kinds o Volcanic eruptions hurricanes down pours earthquakes land tremors sea quakes breaking of waves overflowing rivers and landslides e Events classified by the Public Powers as a National Catastrophe or Disaster Q Nuclear reactions nuclear radiation or radioactive pollution 35 Linea Direc
32. ed robbery or other reasons preventing the opening of the door Linea Di recta will not only bear the transfer expenses involved but also the workmanship required to open the door However the company will not bear any future replacement costs or fixing of the lock keys or other closing components Linea Directa 2 3 TV and video f the Insured is deprived of his television or video appliance as a result of a robbery or any other accidental event as defined in point 1 3 Linea Directa will provide you at no cost and for a maximum of 15 days with another appliance of similar characte ristics to the affected one When as a result of a robbery fire lighting bolt explosion or electrical damage the nsured s television and or video were destroyed or rendered useless L nea Di recta will handle the replacement of the affected appliance until they are replaced or otherwise during a maximum term of 15 days and up to a limit of 1 000 This service will not apply whenever the TV and or video appliance are covered by the manufacturer s warranty or if at the time the service was requested were more than 10 years old including the da mage due to use wear and tear or their mechanical operation 2 4 Hotel restaurant laundry service L nea Directa will make sure the Insureds are transferred to a hotel whenever the home is no longer liveable as a result of an accident The hotel category must be at leas
33. er the Insurer may once said period has elapsed cancel the contract with prior warning to the Policyholder thereof providing the lat ter with a new period of I5 days in which to reply After this period has elapsed they will notify the Policyholder of the definitive cancellation within a period of 8 days The Insurer may also cancel the contract notifying the Insured of this fact within a pe riod of one month from the day on which they had knowledge of the aggravation of the risk Should a loss occur without any declaration of the aggravation of the risk having been made the Insurer shall be relieved from their obligation to provide the compensa tion if the Policyholder or Insured acted in bad faith Otherwise the Insurer s compen sation will be reduced in proportion to the difference between the premium agreed on and that which would have been appli cable had the true nature of the risk been known Article 12 The Policyholder must disclose the name of any other Insurance Companies guaran teeing the same risks covered by the Policy under other insurance contracts Article 13 of the The Policyholder must pay the first pre mium in order for the Policy to enter into effect Subsequent premiums or Linea Directa instalments must be met on the corres ponding due dates Unless stated to the contrary in the Parti cular Conditions payment of the premium must be made by means of di
34. g will not include any loss or da mage suffered by the files contained inside the equipment receiving the assistance Likewise excluded will be the price of any components replaced 2 18 3 Home technological assistance This service allows the Insured to contact a qualified technician by telephone or on a chat on the Internet in order to receive general sup port in the use of technological devices within the scope of this Insurance Policy Assistance will be provided on the following types of devi ces amongst others e TDT DVD Blu Ray Digital cameras Digital videos Digital photoframes o o o G Q e Mobile telephones 32 In order to be able to provide this service it will be necessary for the user s manual of the technological device on which assis tance is requested to be available on the Internet in Spanish Limit on use of the service There will be no limit in use of the service which is why the Insured may request any assistance he deems necessary for each de vice covered by this guarantee during the relevant annuity Exclusions Assistance will be excluded for equipment not included in the scope of cover of this Policy such as technological devices for professional use 2 18 4 On line back up copy Object of the service This service allows the Insured to contact a computer expert in order to receive as sistance to make an on line back up copy Scope of the service The followi
35. he compensation and appraisal expenses in proportion to the sum insured by the com pany f this statement is omitted due to wilful intent we will not be obliged to pay the compensation Expert procedure Pursuant to the provisions established in Article 38 of the Law on Insurance Con tracts if the parties do not reach an agre ement within 40 days following the decla ration of the loss regarding the causes for the same or the appraisal of the damage affecting their compensation each party will proceed to appoint an expert the ac ceptance of both parties must be recorded in writing If one of the parties has not made the ap pointment it will be obliged to do so within 8 days following the date on which it is re quested by the party who appointed its own expert If the appointment is not made within this period of time the party will be deemed to accept the opinion issued by the other party s expert If the experts reach an agreement it will be reflected in a joint certificate stating the causes of the loss the appraisal of damage and other circumstances affecting calcula tion of the compensation If no agreement is reached by both experts a third expert will be appointed by mutual agreement If no such agreement is rea ched the appointment will be carried out by the court In such case the expert s opi nion will be issued within the term indicated by the parties or otherwise within 30 days fo
36. ise if the home is not rented on the day of the accident 6 Reissued documents Expenses originated by the material replacement of public deeds or priva te documents certificates passports identity cards and other documents for private use without a monetary value which may disappear or suffer damage as a result of an accident guaranteed by the Policy 20 The amount of indemnifiable expenses to which the Insured is entitled may not ex ceed 576 of the base capital for the Con tent The foregoing will not include any docu ments used during a professional activity or which are not for private use In no event will indemnification for dama ge plus expenses and payments insured by this article exceed the capital insured for the damaged items Article 30 its al defence What does your insurance cover Up to a maximum of 300 000 per claim year up to a limit per victim of 90 000 Linea Directa will cover payment of any pecuniary indemnification which further to current law the Insured is obliged to pay under its civil liability for third party damage The following will be guaranteed Family Civil Liability If the Content is insured L nea Directa will guarantee to the Insured the liability he may be subject to as a family man and user of his home as a result of damage caused by himself his spouse children or dependent relatives living with him his do mestic staff or pets as well as
37. licyholder or the Insured may during he term of the contract notify the insurer of any circumstances which decrease the risk and the nature of which had they been known by the latter when the contract was entered into would have resulted in more favourable conditions n this case upon finalization of the period n progress covered by the premium the amount of the future premium should be reduced by the corresponding proportion Otherwise the Policyholder shall have the right to cancel the contract and to reimbur sement of the difference between the pre mium paid and that which they should have paid from the moment when notification of the decrease in risk was made Article 10 The Policyholder or the Insured must du ring the term of the contract notify the Insurer as soon as possible of all circum stances aggravating the risk the nature of which had they been known by the latter when the contract was entered into would have resulted in the contract not being sig ned or being entered into under less favou rable conditions Article I1 The Insurer may propose a modification to the conditions of the contract within a pe riod of 2 months from the day on which the General Conditions aggravation was declared thereto In this case the Policyholder will have a period of 15 days from receipt of this proposal to ac cept or refuse it In the event of refusal or silence on the part of the Policyhold
38. llowing acceptance of the appointment by he third expert Each party will pay the professional fees incurred by its expert and as regards the fees ofthe third expert and other expenses arising from the expert appraisal these will be paid by half General Conditions Il General Conditions Covers Article 17 What does your insurance cover We will guarantee the goods insured up to the limit indicated in the Particular Conditions both for the Building and the Content except for the limitations established for each cover for all material and direct damage caused by 0 Fire Combustion and scorching with flame capa ble of propagating from an object or objects which were not intended to be burned in the place and at the time in which this occurs caused by an act of God ill will of strangers negligence of third parties of the Insured or of any individuals for whom he is liable in civil law Inevitable consequences will also be covered Damage caused by measures adopted by the Insured or the Authorities to stop or extinguish the fire or to prevent it from spreading Damage suffered by the saved objects as a result of the foregoing circumstances he value of objects that have gone mis sing in the fire provided that the Insured accredits that they previously existed and unless L nea Directa can prove that they were robbed or stolen The following will be excluded Damage c
39. nal material being sent to them inclu Medline S L U of the Grupo Bankin ding once this contractual agreement ter detailed and up to date infor has expired by writing to the address mation on the companies that make indicated in point 2 of this clause 39 Linea Directa 2 Rights of access recti fication cancellation and opposition In any case the data holder may exer cise their rights of access rectification cancellation and opposition by letter enclosing a photocopy of the Identity Document to Linea Directa Aseguradora Legal Advice Ronda de Europa n 7 28760 Tres Cantos Madrid e mail departamentolegal 3 Joint files lineadirecta es Financial solvency files n the event that a certain debt du Linea Directa and Directa may repor ditworthiness and formation files Likewise when d accordi saction vency non fu the po files related icyholder is the Policyholder has e and payable with provided they meet the legal requirements for this L nea t such failure to cre financial solvency in eemed appropriate ng to the nature of the tran L nea Directa will consult sol to the fulfilment or filment of financial obligations If listed at any point in time on any of the files consulted L nea Directa may decid e not to enter into the contract or not to renew a poli Cy with this client without prejudice to
40. ng services are included p Installation of the back up programme by a qualified technician by remote means Configuration of the programme to automatically make the copy Advice regarding the files to include in the back up copy O Recommendations when creating a user and password to access the service and the data saved on the on line back up copy o The automatic execution of a periodic incremental back up copy 6 The maximum predetermined size of the on line back up copy is 2 Gb Q The possibility of accessing the files saved on the back up copy from any com puter with Internet access Waiver of liability Once the on line copy is programmed L nea Directa will not have access to the information saved or to the access codes The user will be responsible for keeping the access codes in order to access the service Only one back up copy per Policy will be provided throughout the term of the Policy L nea Directa hereby waives any liability for the type of information stored in the back up copy as well as for the loss of data due to mishandling of the application by the Insured and for reasons beyond the company s control 2 18 5 Downloaded software The Insured may request the downloading and installation of computer programmes selected by L nea Directa that contribute towards an adequate operation of the PCs covered by this insurance contract The Insured may download all the pro
41. nging the locks of the house due to the keys being stolen as a result of the hold up 600 Expenses involved in reissuing any per sonal documents stolen 300 he fraudulent use of cheques and credit cards robbed stolen or mis placed when their amount cannot be recovered 600 This guarantee will not be valid if the insured home is used as a second or ho liday home The following will be excluded Losses caused or enabled through the complicity or gross negligence of the Insured or of any of his co habitants Linea Directa Any losses that occur when the victim was under the influence of alcoholic beverages drugs or narcotics The use of cards or collection of che ques more than 24 hours after the hold up has occurred Q Theft Up to 5 of the base capital of the Content up to a maximum of 1 500 Linea Directa will insure you as a First Loss for any direct losses suffered by the Insured as a result of the theft of insured goods committed inside the home in strict terms A theft will include a removal or misappropria tion of goods insured without using material force or violence or intimidation or personal violence The following will be excluded Losses caused or enabled through the complicity or gross negligence of the Insu red or of any of his dependents or cohabi tants Jewellery valuables money collections and effects with a monetary value Article 19
42. notary s deeds videos or official certificates Likewise invoices should be conser ved corresponding to damaged assets the destruction whereof could not be delayed All necessary measures should be taken to reduce the damages Evaluation of losses arising from ex traordinary events will be performed by the Insurance Compensation Con sortium which shall not be bound by 38 any evaluations which where applica ble may have been made by the insu rance company covering the ordinary risks To clarify any queries that may arise regarding the procedure to follow the Insurance Compensation Consor tium provides the insured with the fo llowing telephone number 902 222 665 IV Claims applications The Insured may call the Customer Service Department to deal with any query complaint or claim rela ting to this Policy or with the hand ling of a claim The Customer Servi ce Department may be reached at 902 367 167 by fax at number 902 123 237 at the e mail address Ges tion ClientesQ LineaDirecta es or by addressing a letter to Ronda de Eu ropa 7 28760 Tres Cantos Madrid Additionally should they not be satis fied with the reply given by the Cus tomer Service department they may contact the Customer Ombudsman on telephone number 902 123 235 and fax number 902 123 236 Claims which will be free for the insured should have their cause in any circum stance arising from the insurance con ract All resol
43. nsfer will be recommended o an adequate medical centre in which case L nea Directa will bear the relevant cost In any case L nea Directa may not act as a replacement for emergency services whether public or private 2 11 Sending of a doctor for transfer in the event of an accident In the event of an accident of the Insured suffered in his home L nea Directa s me dical service will analyse the seriousness of the accident and will authorise the Insured s transfer to a hospital L nea Directa will carry out this transfer according to the seriousness of the accident If the Insured refuses to be transferred at the time and 27 General Conditions in the conditions determined by L nea Directa s medical service all guarantees and expenses resulting from this decision will be automatically suspended In any case L nea Directa may not act as a repla cement for emergency services whether public or private 2 12 Sending of medicines L nea Directa offers its Insureds a home delivery service of medicines or pharma ceutical products 24 hours a day every day of the year The service will consist of a vi sit from a L nea Directa collaborator du identified at the address established by the Insured for this purpose in order to collect the medical prescription and purchase the relevant medicine Subsequently this medi cine will be hand delivered to the Insured who will thereupon pay the amount of the bill of the
44. nterve ned in or assumed by the Insurance Com pensation Consortium The Insurance Compensation Consortium will adapt its actions to the provisions of the aforementioned legal Statute of Law 36 50 1980 of 8 October on Insurance Con tracts of the Regulation on insurance of extraordinary risks and complementary regulations Summary of the legal regulations Extraordinary events covered The following natural phenomena earthquakes and seaquakes extraordi nary floods including breaking of waves volcanic eruptions atypical cyclonic storm including extraordinary winds of gusts in excess of 135 km h and tornados and falls of astral bodies and meteorites Q Those caused violently as a result of terrorism rebellion sedition mutiny and popular uprising Events or actions of the Armed Forces or Security Forces and Bodies in times of peace 2 Excluded risks Q Those which do not give rise to compen sation in accordance with the Law on Insuran ce Contracts O Those caused to persons or assets insu red by an insurance contract other than those in which the surcharge in favour of the Insuran ce Compensation Consortium is compulsory Q Those due to a fault or defect inherent to the insured object or to patent lack of main tenance thereof o Those caused by armed conflicts even when not preceded by official decla ration of war G Those arising from nuclear energy without
45. orresponds in Spain to the Ministry of Finance and Tax through the Directorate General of Insurance and Pension Funds Jurisdiction and Arbitration The Policy is subject to Spanish jurisdiction and the trial judge will be the judge with jurisdiction corresponding to the residence of the Insured for which purpose the latter will appoint a residence in Spain if they reside abroad The parties expressly agree that any differences arising from this Policy may be subjected to the judgement of arbitrators pursuant to the legislation in force eo Extinguishment Actions relating to rights arising under this Policy will extinguish after two years for damage insurance policies from the moment in which said actions may be exercised 1 2 Insurance Terms Policyholder Individual or legal entity who contracts the insurance with Linea Directa and to whom the obligations arising from the contract correspond Insured Individual or legal entity holder of the in terest which is the object of the insurance who in the absence of the policyholder assumes the obligations arising from the Policy Insurance Company Company which assumes the covers spe cified in the Particular Conditions in this case Linea Directa Aseguradora S A Compa a de Seguros y Reaseguros Third Party Any individual or legal entity other than the spouse relatives of the Insured up to the second degree of consanguinity or affini ty hi
46. p to a limit of 900 per loss for damage suffered by plants and trees installed in the garden of a home The following will be excluded Fire caused by the Insured s wilful in tent or gross negligence Damage caused by the explosion of materials to be used as explosives or other substances or appliance not commonly used in the home o Electrical damage Electronic appliance and appliances for priva te use in the home as well as the permanent electrical installation of the Building when it is insured will be guaranteed up to a limit of 12 000 as First Risk against any dama ge suffered due to irregular currents short circuits self combustion or other causes due to electricity or a lighting bolt even if no fire occurs The following will be excluded Electric and cathodic pipes fuses tape glass objects china or ceramic bulbs grea se oil and liquids or gas or any kind elec trical lamps and the installation thereof Any damage covered by a maintenance agreement or manufacturer s warranty and appliance more than 5 years old unless in the latter case Breakdowns caused when the appliances are in operation but not due to electrical reasons Article 18 pillage What does your insurance cover We will insure the goods insured up to 100 of the insured capital for the basic Content or up to the sums indicated in the Particular Conditions for the special Con tent for loss and d
47. prejudice to the provisions of Law 25 1964 of 29 April on nuclear energy Not withstanding the foregoing all direct damages caused to an insured nudlear installation will be deemed to be included when these are the result of an extraordinary event which affects the installation itself Q Those due to the mere action of time and in the case of totally or partially submer ged assets on a permanent basis those attri butable to the mere action of waves or ordi nary currents O Those caused by natural phenomena other than those indicated in article of the Regulation on insurance of extraordinary risks and in particular those caused by a rise in the groundwater table mudslides landslides or landfalls rock falls and similar phenomena unless these are manifestly caused by the ac tion of rainwater which in turn caused a si tuation of extraordinary flood in the area and occurred simultaneously to said flood Q Those caused by riotous actions occu rring during the course of meetings and de monstrations carried out in accordance with the provisions of Organic Law 9 1983 of 15 July governing the right to meet as well as during the course of legal strikes unless the aforementioned actions can be classified as extraordinary events in accordance with ar ticle of the Regulation on insurance of ex traordinary risks i Those caused by bad faith on the part of the Insured Those arising from losses the occur
48. purchased product as well as all transfer expenses No cheques or promis sory notes will be accepted In any case the Insured will provide the commercial name of the product and the form of presentation pills vials capsules emulsions etc The foregoing will expressly exclude situations where the medicine is no longer manufac tured or is unavailable in the usual distribu tion channels in Spain as well as medicines that require the presentation of a Spanish Identity Card in order to be purchased and those included in a special pharmacopeia of narcotics sd 2 13 Travelling assistance Early return due to death of a relative If the Insured is travelling abroad and his spouse or civil partner duly registered at the relevant Official Register dies or his parents parents in law children or siblings of the Insured L nea Directa will arrange and make available to the Insured within a maximum of 7 days following the death an airplane ticket on a regular flight tourist Linea Directa class or a train ticket first class to attend the burial at the place of interment in Spain 2 14 Medical Guidance Phone This service will consist of the resolution of any medical doubts that the Insured may have regarding the interpretation of clinical tests medicines etc Linea Directa s medical service will make its recommendations in light of the data included in the service re quested as appropriate and will
49. questionnaire are shown in the document of the Particular Conditions which form part of the Policy Should the Policy contain any error the Po licyholder will have a period of one month from receipt thereof in which to remedy this discrepancy Should this period elapse without any claim having been made the provisions of the Policy will prevail Article 8 L nea Directa may cancel the Policy by means of written notification sent to the Policyholder within one month from the moment when they have knowledge of withheld information or inaccuracy in the declarations made by the latter From the moment when L nea Directa performs this notification the company shall have the right to retain the premiums corres ponding to the period in progress except in the case of wilful intent or serious negli gence on the part thereof Should a loss occur before L nea Directa has performed the notification referred to in the foregoing paragraph L nea Directa may terminate the Policy or reduce the compensation in the same proportion as that existing between the premium agre ed on in the Policy and that corresponding in accordance with the true nature of the risk When the withheld information or inaccu racy occurs due to wilful intent or serious negligence on the part of the Policyholder L nea Directa shall be relieved from its obligation to make payment of the com pensation Article 9 e in risk The Po
50. r in its an nexed facilities are excluded from being considered as Content for the purposes of this policy cover Valuables Tapestries rugs works of art silver and bronze objects ivory and collections leather clothes video and or audio systems and musical instruments for non professional use shall be considered as valuable if their individual value equals or exceeds 1 800 This Policy guarantees up to the limit agreed and declared in the Particular Conditions such goods which value exceeds 1 800 per unit provided that such goods have been expressly declared in the Particular Conditions and that the corresponding premium payment has been made Such valuables are covered as declared in the different guarantees provided that they where located inside the home excluded garage spaces storage rooms terraces porches or annexed facilities even if such places are properly protected with locks Jewellery Any object made of gold and or platinum precious stones fine pearls precious me tals and any object made of silver to adorn people This Policy guarantees up to the limit agreed and declared in the Particular Con ditions such pieces of jewellery which va lue exceeds 1 800 per unit provided that General Conditions such goods have been expressly declared in the Particular Conditions and that the corresponding premium payment has been made Such pieces of jewellery are covered as declared in th
51. reach their destination due to a change of address not notified to L nea Directa will be deemed effective as if received The Policyholder or where applicable the Insured authorize L nea Directa should the latter deem this necessary to record the telephone conversations held and to use these as a means of proof for any claim that may be made between both parties In this case the Policyholder or the Insured may request that L nea Directa furnish them with a copy or written transcription of the content of any recorded conversations bet ween both parties For any consultation modification or proce dure relating to the Policy the Insured must provide L nea Directa with the details and or identification codes requested for secu rity reasons All communications made by the Policyhol der to the insurance broker that is participa ting or has participated in the contract will have the same effects as if directly made to L nea Directa Article 6 It is hereby agreed that the sums insured by this policy as well as the relevant premiums will be automatically readjusted on each annual expiration date in the same pro portion as any modification suffered by the Spanish Retail Price Index published by the National Statistics Institute Linea Directa The initial base index will be recorded in the Particular Conditions This revaluation will cover both the base capital and any determined as a percentage the
52. reak downs that caused the damages provided that such elements are fixed and private pi pes from the insured home and such pipes are located inside the home The following are excluded Damages due to lack of repair or mainte nance caused by rust or fair wear and tear or due to gross negligence of the Insured or of any of his dependents or cohabitants Damages caused by freezing or failure to turn the water taps off when the home is left vacant for longer than 96 consecutive hours Damages from mobile water tanks and pi pelines located outside the home Expenses from troubleshooting break down repairing and removing of blockages that have caused non indemnifiable dama ges declared in this guarantee Damages in the water taps or valves repla cement Article 21 What does your insurance cover We will guarantee the goods insured up to 100 of the base capital of the Building and Content respectively for the damage caused by 0 Rain as long as there is registered rainfall that exceeds 40 litres per m2 hour e Snow 3 Wind as long as there is registered speed that exceeds 96 km hour or a speed equal to or less than 135 km hour Q hail All damage caused by the following will be excluded Leaks filtrations rust or damp Snow water sand or dust entering through doors windows or other openings left open or closed in a defective manner General Conditions
53. rect debit to the bank account specified by the Po icyholder f due to fault on the part of the Policyhol der the first premium or instalment the reof is not paid L nea Directa shall have the right to cancel the contract or to demand payment of the premium owed through an enforcement procedure Should the premium not have been paid prior to the occurrence of a loss the Insurer shall be relieved of their obligation n the case of non payment of one of the following premiums or of any instalment other than the first cover of all guaran tees will be suspended one month after the day of the due date thereof and L nea Directa reserves the right to cancel the contract expressly and in writing Should L nea Directa not have cancelled the con tract or claimed the premium within the six months following non payment the reof the contract shall be automatically cancelled If the contract is not cancelled or dis charged in accordance with the foregoing paragraphs the cover shall become effec tive again at 24 00 hours on the day on which the Policyholder paid the premium Should the object of the insurance cease to exist prior to expiry of the Policy the Policyholder must meet payment of the remaining instalments until the date of said expiry Article 14 The Policyholder or the Insured must Q Notify L nea Directa of the occu rrence of the event and of all information relating thereto within the
54. red by doors walls or other construction components or installations as long as the Content is in sured The following will be excluded Damage to the Building if the Content is not insured Broken window panes and glass 3 Pillage The disappearance destruction or dama ge of goods insured inside the home due to a removal or misappropriation against the Insured s will using acts of intimi dation or violence carried out by third parties The limits are described in the Particular Conditions 4 Theft and pillage of money in cash Within the guarantees foreseen in sections l and 3 ofthis Article Linea Directa will also cover money in cash as a First Loss Up toa limit of 3 000 in the case of theft and pillage of money in cash stored in a safe General Conditions Up toa limit of 600 in the event of theft and pillage of money in cash outside a safe The following will be excluded Losses caused or enabled through the complicity or gross negligence of the In sured or of any individuals for whom it is liable o Hold up outside the home L nea Directa will guarantee as a First Loss the pillage defined in section 3 of this article when it takes place anywhe re outside the home against the Insured or relatives and domestic staff living with the same up to the following limits Objects and goods for personal use 600 Money in cash 300 per loss Expenses for cha
55. ren ce of which took place in the period of grace established in article 8 of the Regulation on insurance of extraordinary risks Q Those corresponding to losses occurring prior to payment of the first premium or 37 General Conditions when in accordance with the provisions of the Law on Insurance Contracts the cover of the Insurance Compensation Consortium is sus pended or the insurance has been cancelled due to non payment of the premiums 1 Indirect losses or losses arising from di rect or indirect damages other than the loss of profits specified in the Regulation on insu rance of extraordinary risks In particular this cover does not include damages incurred as a result of loss or alteration to the supply of electric energy combustible gases fuel oil gas oil or other fluids or any other damages or indirect losses whatsoever other than those mentioned in the foregoing paragraph even if these alterations arise from a cause included in the cover for extraordinary risks m Losses which due to the size or severity thereof are classified by the National Gover nment as a national catastrophe or disaster 3 Excess In the case of direct damages to objects ex cept vehicles and homes and the owners associations thereof the Excess payable by the Insured shall be 776 of the amount of the indemnifiable damages caused by the loss In the case of insurance of persons no Excess deduction shall be made
56. reof as well as any limitations established in each risk Linea Directa will issue each bill incre asing the premium by the same upwards coefficient that arises from a comparison between the latest index published prior to the relevant expiration date and the one used to determine the premium in the previous annuity Payment by the Insu red of each increased bill will automatically entail to all intents and purposes upon payment thereof a proportional increase in the insured capital The index taken into account and the base capital insured each annuity will be recorded in the bill Howe ver the Insured always further to the rules of the General Conditions may maintain the insured capital established at the sig nature date of its policy or appendixes and may even waive the increases foreseen in this article rendering it null and void Inso far as the Insured does not waive the au tomatic revaluation of capital all claims will be uninsured by 10 which will be taken into account if the proportional rule fore seen in Article 16 herein is applied 1 4 Obligations of the Policy holder and or the Insured Article 7 The Policyholder must prior to entering into the contract declare to the Insurer in accordance with the questionnaire perfor med by the same all circumstances known thereto that may affect evaluation of the risk The declarations made by the Policyhol der in response to the
57. revention of fraud in risk selection partners or suppliers who for reasons and claims management of reinsurance coinsurance or due to the claims management operation Analysis of accidents intervene in the management of the policy and its claims possibly being Statistical studies and surveys transferred if legally appropriate to common files in the insurance industry To enable us to provide you with the most suitable offers according to The Policyholder shall notify L nea your particular profile as well as to Directa if there be some variation in provide information by post email the data provided to L nea Directa for and telephone including after this processing as described in this clause contract has expired on advertising The Policyholder can configure their and product offers marketed by Li marketing preferences and object to nea Directa or companies offering their data being used for advertising financial services and products in purposes when they sign the particu surance companies and companies ar conditions by visiting our website from the automobile and property at www lineadirecta com and entering sector of the Grupo L nea Direc their user details in the Customers ta L nea Directa Aseguradora S A Area or by sending an email to Issi L nea Directa Asistencia S L Mo ineadirecta com Likewise they may toclub LDA S L Centro Avanzado exercise their right to stop promotio de Reparaciones S L U and Ambar
58. s examining the issue in question L nea Directa will not pay the expenses ac crued by the court proceedings regardless of the jurisdiction if the matter is settled with a favourable judgment that orders the other party to pay all legal costs In such case the professional s in charge of the matter will bring a claim as part of the enforcement of a judgment or amicably di rectly from the other side Nevertheless L nea Directa will pay such expenses if the insolvency of the party ordered to pay is confirmed Nor will Linea Directa bear the expenses incurred in the professional s membership or qualifications if he does not belong to the Collegiate Corporation of the place where he exercises his profession nor travelling and accommodation expenses allowances or others The difference between the fees invoiced by the professionals and the amounts covered by this guarantee will be borne by the In sured The notarial expenses involved in execu ting powers of attorney to act in lawsuits as well as certificates summons and other acts required to defend your interests 3 Rates rights and court costs derived from the processing of the procedures co vered Oo Payment during criminal proceedings of the total sum of court costs excluding in demnification and fines in any case o Fees and expenses incurred by experts appointed or authorised by L nea Directa Article 33 The guarantee
59. s associates dependents or domestic staff and any individuals living with the Insu red at the same address Beneficiary The individual or legal entity who pre viously appointed by the Insured is the hol der of the right to the compensation Policy The document containing the conditions regulating this insurance The following form an integral part of the Policy the General Conditions the Particular Con ditions which individualize the risk the Special Conditions if applicable and the Endorsements or Appendices which are issued thereto to complement or modify it Premium The price of the insurance which the Po licyholder has contracted and which they Linea Directa must pay to the insurance company in or der for the latter to assume the risk which is the object of the insurance cover The amount thereof is calculated and updated annually in accordance with the factors which define the risk supported by Linea Directa which include the claims rate his tory in the previous periods of insurance Payment thereof is an essential condition in order for the Policy to be legally effective Insured sum The value insured in the Particular Condi tions for insurance of the Content and Buil ding if applicable Each one of the risks defined below will be guaranteed as a maximum up to the percentage base capital determined for the Content or Building as applicable in the General Conditions or otherwise up to
60. s covered by the Policy o The Policyholder or Insured will further more inform L nea Directa as soon as possi ble of any court out of court or administra tive notification that reaches their knowledge in relation to the loss as well as any informa tion whatsoever on its circumstances and consequences Article 15 In the event of sale of the Home the Policyholder must notify the new owner of the existence of the policy and must notify L nea Directa of the transfer of the property within a maximum period of 15 days from the transfer thereof 1 5 Obligations of L nea Directa Article 16 ion Payment of compensation Linea Directa must make payment within the 40 days fo llowing declaration of the loss of the mini mum amount that may be due in accordan ce with the circumstances known thereto When the nature of the insurance permits and the Insured agrees to this the Insurer may substitute payment of the compensa tion for the repair of the damaged insured property e Delay in payment of compensation If within a period of 3 months from occu rrence of the loss L nea Directa has not performed the repair of the damage or made compensation for the amount the reof in cash for an unjustifiable cause attri butable thereto the compensation will be General Conditions increased by the interest rate established by law at the time in question Subrogation Once the compensation has been paid
61. s of this Policy will not in clude Q Indemnification interest fines or sanctions imposed on the Insured by ad ministrative or judicial Authorities b Taxes or other fiscal payments derived General Conditions from the filing of public or private docu ments before Official Bodies Expenses incurred by the Insured s participation in any type of procedure other than those included in this guaran tee o Unjustified claims in light of res ponsibility of the events or manifestly disproportionate with respect to the as sessment of loss and damage Nevertheless expenses will be covered if the Insured obtains a fully favourable resolution which is totally final and not subject to appeal Article 34 Apart from the exclusions specified in each guaranteed risk the following will also be excluded Q Loss due to civil or international war whether or not with an official declaration events or actions of the Armed Forces or Forces and Securi ty Corps of the State civil or military uprisings insurrections revolts revo lutions strikes forfeiture or requisi tion terrorism mutiny or civil revolt Floods earthquakes volcanic erup tions falls of astral bodies and meteori tes and any other extraordinary natural phenomena Q Loss of damage caused by the Insured s bad faith or by any person that has a contractual relation with the Insured or by any lawful or unlawful occupant of the home
62. t 3 stars and the maximum stay will be 5 days A daily limit of 90 per accident is established In the event of the Insured s forced aban donment of his home L nea Directa will cover restaurant expenses up to a limit of 50 per accident If the Insured s washing machine were to break down L nea Directa will cover any laundry expenses incurred by the Insured up to a maximum of 2 days and with a daily limit of 30 26 Before incurring the expenses specified in this section it will always be necessary in sofar as reasonably possible to contact the company s Assistance telephone number 2 5 Home surveillance expenses If as a result of robbery fire flooding or an explosion the Insured s home were easily accessible from the outside L nea Directa will sent security staff at its own cost until the event is remedied for a maximum of 24 hours 2 6 Moving and storage expenses In the event of forced abandonment and up to a limit of 2 000 the Insured may request a Moving Service L nea Directa will arrange a search for companies that organise and execute removals He may request the transfer of furniture for stora ge L nea Directa if necessary will arrange the transfer or deposit of furniture and belongings in storage premises within the municipality of the Insured s ordinary re sidence 2 7 Legal Advice Helpline With this guarantee the Insured has a Le gal Advice Phone available to guid
63. ta Ill Insurance Compensation Consortium Insurance Compensation Consortium compensation clause for losses arising from extraordinary events In accordance with the provisions of the amended text of the legal Statute of the Insurance Compensation Consortium approved by Legislative Royal Decree 7 2004 of 29 October and modified by Law 12 2006 of 16 May the holder of an insurance contract which must compul sorily include a surcharge in favour of the aforementioned public corporate entity is entitled to agree the cover of extraordinary risks with any insurance company which ful fils the conditions required by the legisla tion in force Compensations arising from losses caused by extraordinary events occurring in Spain and which affect risks located therein and also for insurance of persons those occu rring abroad when the Insured s usual re idence is in Spain will be paid by the In surance Compensation Consortium when the Insured has met payment of the corres ponding surcharges in his favour and one of the following situations occurs U Q That the extraordinary risk covered by the Insurance Compensation Consortium is not covered by the insurance Policy con tracted with the insurance company O That even if covered by said Policy the obligations of the insurance company can not be fulfilled due to the company having been declared legally bankrupt or to being subject to a winding up procedure i
64. ters with internal fasteners All other homes will be assumed as protected 1 3 Bases of the Policy The object of this Policy is to insure the risks arising from the use of a home in ac cordance with the covers and limits agreed to inthe General and Particular Conditions The following is guaranteed THE BUILDING if the Insured is the owner of the home THE CONTENT located inside the home or in annexed facilities located in the same construction The following is expressly excluded Uninhabited homes Homes under construction Land Valuables and jewellery which albeit in sured are not located inside the home in strict terms or are not expressly declared in the Particular Conditions if their value exceeds 1 800 per unit Money except as foreseen in cases of robbery and pillage Pawn slips certificates and other secu rities cheques credit cards stamped or commercial effects samples of all kinds except as foreseen in events of pillage Trailers caravans boats air navigation appliance including any accessories the reof Motor vehicles except as foreseen for guarantees covering fire explosions and lightning bolts as established in the Content definition Article 2 The contract is executed by the consent of both parties declared by telephone or tele matic means or through an application sent by the broker to L nea Directa without prejudice to the policyhol
65. the necessary software from the Internet provided that this is possible and the Insured holds the neces sary licence Limit to use of the service The maximum number of computers to which service will be provided is 4 per Policy subscribed There will be no limit in use of the service which is why the Insu red may request any assistance he deems necessary for each one of his computer throughout the relevant annuity Exclusions Any assistance for equipment or pro grammes beyond the scope of cover of this Policy including servers will be ex cluded This service does not include support for applications specifically developed for MS Office products Outlook Word Excel Access PowerPoint or other specific management software Contaplus Linea Directa 2 18 2 On site computer assistance Linea Directa will provide the services specified in the foregoing section at the Insured s home at his expressly request If on site services can not be provided the equipment will be collec ted at the Insured s address to be repaired at L nea Directa s premises and returned All home assistance requests will be replied to within a maximum of 48 hours This service is subject to payment by the Insu red of the relevant rate which will be notified at the time of requesting the service by phone Our technician will visit your home at no cost Subject to technical availability in the area Exclusions The foregoin
66. tiff Canary Dog Majorca Shepherd Dog Ca de Bou Rottweiller Staffords hire Bull Terrier as well as any officially declared to be a dangerous breed and cross breed Article 3l In the event that the Insured or any indi viduals living with him or for whom he is responsible were to suffer damage caused by third parties in such circumstances that had the Insured or the persons for whom he is responsible been the ones causing the dama ge to third parties the consequences would have been covered within the scope of cover of Art 30 of this Policy Civil Liability L nea Directa will guarantee the claim brought on your behalf against the third party responsi ble with a court or out of court settlement for indemnification for the loss and damage caused by said third party Article 32 Linea Directa will guarantee up to a limit of 3 000 1 The professional fees and expenses of a lawyer including the rights and reimburse ments of a court attorney if his participation is necessary freely appointed by the Insured The appointed lawyer and court attorney will in no event be subject to Linea Directa s instructions within the maximum agreed upon the professional fees of the lawyer will be assumed who is defending the Insured as long as the minimum amounts foreseen in the rules of the Professional Association are not exceeded applicable within the district where the competent court is located that i
67. treatment at the veterinary centre chosen by the Insured up to a maximum of 900 2 16 3 Stolen or lost animal f the insured animal is stolen or lost L nea Directa will pay the value of the animal up to a maximum of 700 2 16 4 Search for the animal further to announcements in the press and radio If the insured animal is stolen or lost L nea Directa will cover the expenses incurred in placing announcements to find it up to a maximum of 300 2 16 5 Put down L nea Directa will cover the expenses invol ved in putting down the animal or removing the body when this is decided by the vet as a result of an accident or incurable illness up to a limit of 100 2 16 6 Animal boarding L nea Directa will cover the expenses invol ved in boarding the pet whenever the Insu red is hospitalized on emergency due to an illness or accident up to a limit of 300 2 17 Social Guidance Phone With this guarantee the insurance company will provide support by telephone with the possibility of redirecting the Insured to public services in relation to situations of need or social assistance The foregoing will include guidance and ad vice provided by telephone with respect to Q socia and assistance resources of the Municipality and Autonomous Community b Guardianship Linea Directa Q Care assistance assisted living adult day care homes and technical assistance Oo Disablement
68. urity Q Windows Life Messenger O Skype Multimedia and others Power DVD Cyberlink Q WinDVD intervideo fe NewD Audioneer o Encarta Quick Time Apple Q Photo Explorer Ulead e Nero Q Easy CD Creator Q o co 0 Winrar WinAce Q Operational systems supported and mi nimum navigator required Microsoft Windows Vista icrosoft Windows Milenium icrosoft Windows XP Home icrosoft Windows XP Professional icrosoft Windows NT icrosoft Windows 2000 icrosoft Windows 2003 ac OS 10 2 ac OS 10 3 ac OS 10 4 Tiger ac OS 10 5 Leopard Scope of the service The following services will be included G Help in handling the applications tools and communications supported G Installation and dismantling of the appli cations supported 3l General Conditions G Updating of versions and Service Pack for the software supported as long as the Insured has the relevant licence or the upda ting is cost free o Configuration of operating systems and applications supported e Advice on hardware and software re quirements for the applications supported Q Installation and configuration of peri pherals such as printers scanners etc For these activities to be carried out very often it will be necessary to have the CD ROM attached to the original software device If the Insured does not have this available our technicians will search for and download
69. uthorities to rescue the same e Firemen expenses Originated by the involvement of firemen including a rate for provision of their servi ces e Clearing of debris Expenses deemed necessary by the relevant experts in order to appraise the damage Linea Directa o Expenses due to abandonment of the home Incurred by the Insured due to the provisio nal abandonment of his home if due to an accident covered by the Policy he is obliged to move elsewhere Included in the fore going will be the expenses incurred in the future transfer of objects rescued and the rental of a home of similar characteristics to your own deducting if applicable the rent applicable to the damaged home The amount of expenses indemnifiable to which the Insured is entitled may not exceed the amount representing a year of residence in the home or 20 of the base capital for the Content or if not insured of the Building o Loss of rent Only if the Building is insured and the Par ticular Conditions of the Policy state that the insured home is used for rental pur poses will L nea Directa guarantee the loss of rent not paid to the Insured as a result of an accident covered by the Policy gua rantees The compensation to which the Insured is entitled may not exceed 2076 of the base capital of the Building and will remain as of the day of the accident and until the home can be lived in for one year maxi mum No compensation will ar
70. utions of the Customer Ombudsman will be binding whenever he sum claimed is less than 60 101 21 Should the insured not agree with he solution provided for their claim he may contact the Commission for he Defence of the Insured at the Directorate General for Insurance and Pensions Funds P de la Caste lana 44 28046 Madrid or through heir web page www dgsfp mineco es General Conditions V Personal Data Protection Data provided by the Policyholder and processing purposes up this Group can be found at the following website www bankinter All personal data provided by the po com go to the Corporate Site licyholder and requested to conclude option and select the Corporate this Policy or provided or subsequently Governance tab then the Subsi generated over the life of the policy diaries and Affiliates section as will be treated as the responsibility well as on companies with whom of L nea Directa and included where we may enter into collaboration appropriate in files they own for the agreements with such data being following purposes used by the technical and com mercial services of L nea Directa Maintenance and implementation of the contractual relationship To fulfil the purposes described the data provided may be processed by Claims management other Insurance or Reinsurance Com panies or by third party L nea Directa s P
71. xpenses when added to the compensation paid exceed said guarantee The following will be excluded Claims based on contractual obli gations Damage caused to third party objects which for any object or purpose are held by the Insured or by individuals for whom the Insured is responsible Responsibilities derived from a profes sional commercial or industrial activity of the Insured or of individuals for whom he is responsible Responsibilities able to be claimed un der a Mandatory Insurance Linea Directa Responsibilities derived from The driving or ownership of any type of motor vehicle land sea or air The carrying or use of arms for hunting or punishment purposes The game of polo paragliding para chute jumping water sports bobsled and violent sports such as boxing wrestling or judo Participation in competitions races or bets as well as official or professional events or competitions for all kinds of sports Responsibilities arising from the pollu tion or contamination of water or air Damages not resulting from guaranteed personal injury or material damage Payment of fines and personal sanc tions Responsibilities derived from the ow nership or custody of the following breeds of dog American Staffordshire Terrier Boxer Pit Bull Terrier Bullmastiff Doberman Argentine Dogo Dogue de Bordeaux Ti betan Mastiff Fila Brasileiro Neapolitan Mas
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