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Marshall Care Vehicle Value Protection Terms & Conditions

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The Value of

Marshall CareHandbookTerms & Conditions

Vehicle ValueProtectionTerms & Conditions

Welcome to Vehicle Value Protection. This policy isdesigned to help you in the event that your vehicle isstolen or damaged beyond economical repair anddeemed to be a total loss by your motorinsurance company.

Should the worst happen, Vehicle Value Protectioncould pay the difference between the write-offsettlement from your motor insurance company andthe price you paid for your vehicle.

In addition, in order to address the market concernsrelating to the future higher costs of vehiclesimported from the EU, Vehicle Value Protection willalso pay an additional amount, depending on whenyour vehicle is written-off during the policy term, tohelp towards the anticipated higher cost of youhaving to replace your vehicle.

In the event that the outstanding balance on yourvehicle finance agreement, or the lease or contracthire early termination charge is higher than the priceyou paid for your vehicle, including this added valueclaim amount, this will be paid instead.

We hope that you never need to claim on yourVehicle Value Protection policy, but if you do, youshould follow the claims process shown on page 14.

Vehicle Value Protection provides an extremely highlevel of cover, especially with the added increase inthe claims payment to compensate for the anticipatedhigher future cost for the replacement vehicle. Thisproduct has therefore received a top 5-Star Ratingfrom defaqto. This enhanced Vehicle Value ProtectionGAP policy consistently provides one of the highestquality product offerings on the market, as evidencedby the top 5-Star Rating from defaqto in 2016, 2017,2018, 2019 and 2020. defaqto is the UK’s leadingindependent financial information business and alldefaqto Star Ratings, including this one, are availableto view on the defaqto comparison website.

Introduction

1

2

Vehicle Value Protection is underwritten by MotorsInsurance Company Limited.

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

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

This can be checked on the Financial ServicesRegister by visiting the FCA’s website atwww.fca.org.uk/register.

Vehicle Value Protection is administered by Car CarePlan Limited which is authorised and regulated by theFinancial Conduct Authority.

When You receive the respective product ValidationCertificate with Your allocated policy number, pleasecheck that it contains the correct details and tell theAdministrator immediately if there are any mistakes.

Contractual Agreements

3

Claim Phone Number

Vehicle Value Protection 0344 573 8069

If You have chosen to purchase this optional contractof insurance, this will be indicated on YourValidation Certificate.

Your dealer will have made sure You are eligible forVehicle Value Protection but You are eligible for coverif at the start of the policy:

a) You are the registered keeper of Your Vehicle;

b) You are the policyholder or named driver of theMotor Insurance Policy;

c) You hold a valid full UK driving licence;

d) You hold a valid policy providing comprehensivemotor insurance for the vehicle.

The vehicle is eligible for cover if at the start ofthe policy:

a) The vehicle is not to be used for racing, pacemaking, speed testing, reliability trials or anyoff-road event;

b) The vehicle is not to be used for hire or reward,short-term self-drive or driving tuition inconnection with your occupation;

c) The vehicle is not a commercial vehicle of morethan 3,500kg gross weight, kit-car, mobilityvehicle, a grey or parallel import or a vehicle notbuilt for sale in the United Kingdom.

A full list of vehicle requirements is outlined onpage 11.

What to do in the event of a Query

If You have a query about this policy, please contactVehicle Value Protection on 0344 573 8069.

How to Make a Claim

If You have to make a claim on Your MotorInsurance and You think Your Vehicle might bedeclared a Total Loss, here’s what to do.

Contact Vehicle Value Protection CustomerServices on 0344 573 8069, or [email protected].

You will need to tell Us within 120 days of Your TotalLoss occurring and when calling Us, You will need tohave Your policy details ready.

Vehicle Value Protection

4

Vehicle Value Protection (continued)

Definitions

The following words or expressions will have thespecific meanings described below. They have thesame meaning throughout this document and appearin bold type:

Accident Management Company

A company instructed by You to recover Your lossesfrom a third party in circumstances of a non-faultmotor accident.

Act(s) of Terrorism

Any act that the government of the United Kingdomconsiders to be an act of terrorism. The use of orthreat of action, force or violence by any person orgroup of people acting alone or on behalf of anyorganisation or government for political, religious,ideological or similar beliefs. This includes trying toinfluence any government or intimidate the public.

Administrator

Car Care Plan Limited.Registered Office: Jubilee House,5 Mid Point Business Park, Thornbury,West Yorkshire BD3 7AG.Registered in England No: 850195.

Endorsement

Statements, found in Your Validation Certificate,that either show changes to the terms of Your policyor terms that apply specifically to You.

European Motor Insurance Policy

Where Your Motor Insurance Policy has beenendorsed by Your Motor Insurer to provide cover inthe event of accidental damage, fire, theft, or adverseweather conditions within the European Union.

European Union

European Union member countries.

Expiry Date

The date the insurance cover ends as shown on YourValidation Certificate.

Finance Agreement

The credit or hire purchase agreement between Youand the Finance Company relating to Your Vehicle.

Finance Company

An authorised United Kingdom finance company withwhom You have a Finance Agreement in respect ofYour Vehicle.

Finance Early Settlement Amount

The amount required to settle the credit or hirepurchase agreement at the date of Total Lossexcluding any amount carried over from a previousFinance Agreement, any insurance premiums,additional interest charges, discounts, incentives andcashbacks, arrears, road fund licence fee, titledischarge fees and any other financed amount notrelating specifically to Your Vehicle.

Glass’s Guide

The car value guide published monthly by Glass’sInformation Services Limited, used for assessingvehicle values.

Grey Import

A new vehicle destined for markets outside theEuropean Union which is being brought in to theEuropean Union by parties outside themanufacturer’s official distribution chain.

5

Insured Value

The value of Your Vehicle excluding any contents:

• As assessed by the Motor Insurer of the MotorInsurance Policy on Your Vehicle at the date ofthe Total Loss; or

• As assessed by the Motor Insurer of a thirdparty against which You have a claim via anAccident Management Company, at the date ofthe Total Loss.

Please refer to the conditions under ‘Making a Claim’within this policy.

Insurer

Motors Insurance Company Limited. RegisteredOffice: Jubilee House, 5 Mid Point Business Park,Thornbury, West Yorkshire BD3 7AG.

Registered in England; company number 02678367.

Introducer

The party, person or company who has arranged thisinsurance on Your behalf.

Lease Agreement

The contract hire or lease agreement with the LeaseCompany relating to Your Vehicle for the use ofYour Vehicle.

Lease Company

An authorised United Kingdom Lease Company withwhom You have a lease or contract hire agreement inrespect to Your Vehicle.

Lease Early Termination Charge

The net balance required by the Lease Company atthe date of the Total Loss to settle the indebtednessunder the Lease Agreement, excluding any arrears,all maintenance, road fund licence fee, insurancepremiums, recoverable VAT, excess mileage charges,excess wear and tear charges, and any uncollectedPremium under this policy.

Market Value

The cost of replacing Your Vehicle with another ofthe same make, specification (for example, the levelof equipment found in Your Vehicle including dealerfitted options including VAT), model, age, mileage andcondition as Your Vehicle was just before the TotalLoss You are claiming for, by reference to Glass’sGuide Retail Value. We reserve the right to have anindependent valuation undertaken should thespecification not be available within Glass’s Guide orit is suspected that the condition of Your Vehicle issuch that this would affect the guide value.

Motor Insurance Excess

The amount deducted under Your Motor InsurancePolicy if Your Vehicle is lost, stolen or damaged.

Motor Insurance Policy

A policy issued by an authorised United KingdomMotor Insurer in accordance with the Road TrafficAct 1988, which insures Your Vehicle on acomprehensive basis against accidental damage, fire,theft or adverse weather conditions throughout thePeriod of Insurance. Or, where Your Vehicle is beingused by any permitted driver, a comprehensive motorinsurance policy held by them in respect of YourVehicle. Please note: Motor trade insurance policiesof any type are excluded.

Motor Insurance Settlement

The provision of a replacement vehicle by Your MotorInsurer, or money You receive from the MotorInsurer for Your Vehicle or from a third party throughan Accident Management Company following a TotalLoss claim of Your Vehicle.

Motor Insurer

A United Kingdom authorised motor insurancecompany that issued the Motor Insurance Policy forYour Vehicle.

Vehicle Value Protection (continued)

6

Negative Equity

Any outstanding finance carried over from a previousvehicle or Finance Agreement.

Period of Insurance

The period, as noted on the Validation Certificate,for which We have agreed to provide cover and forwhich You have agreed to pay the full Premium.

Premium

The total amount You have agreed to pay Us for thisinsurance policy.

Proposal

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

Purchase Price

The purchase price of Your Vehicle as confirmed inthe net sales invoice which includes delivery, factoryfitted accessories and dealer fitted options butexcludes any insurance premiums. We exclude alldeposit allowances, discounts, rebates, concessions,cashbacks, incentives and contributions. We alsoexclude new vehicle registration fees, road fundlicence fee, number plates, warranty costs, fuel,paintwork protection applications, other extras,arrears or Negative Equity.

Salvage Value

The amount deducted by the Motor Insurer from aMotor Insurance Settlement, to enable You to keepownership of Your Vehicle.

Start Date

The date the insurance cover commences as shownon Your Validation Certificate.

Sum Insured

The maximum amount that can be claimed in totalduring the Period of Insurance as stated in theValidation Certificate.

Territorial limits

England, Scotland, Northern Ireland, Wales, the Isleof Man and the Channel Islands. Your Vehicle is alsocovered in the European Union for as long as Youmaintain a comparable level of cover on Your MotorInsurance Policy as in the United Kingdom and thatthis cover is in force on the date of an incident thatresults in a Total Loss.

Total Loss

A claim under the Motor Insurance Policy for YourVehicle or through an Accident ManagementCompany, as a result of accidental damage, fire ortheft, where Your Vehicle is beyond economic repairresulting in a Motor Insurance Settlement.

United Kingdom

England, Scotland, Wales and Northern Ireland.

Validation Certificate

The document that names You as the policyholderand sets out what this policy covers You for. We willreplace Your Validation Certificate if You make anychanges to the policy during the Period of Insurance.

Vehicle Value Protection (continued)

7

Vehicle Value Claims Adjustment

The additional monetary amount which is added to theclaim based on the Purchase Price, in order toincrease the overall claim payment in line with theanticipated increased cost of replacing Your Vehicle.

In the event that Your Vehicle that has incurred aTotal Loss is still available, the monetary sum thatwill be paid above the Purchase Price will be basedon what Your Vehicle will now cost to be replaced.This is subject to a maximum additional amountas follows:

• Where the Total Loss occurs in the first yearsince the policy start date, an additional monetaryamount in respect of the difference between thePurchase Price and the additional cost toreplace Your Vehicle, subject to a maximumadditional amount of up to 5% of the PurchasePrice is payable;

• Where the Total Loss occurs in the second yearsince the policy start date, an additional monetaryamount in respect of the difference between thePurchase Price and the additional cost to replaceYour Vehicle, subject to a maximum additionalamount of up to 10% of the Purchase Priceis payable;

• Where the Total Loss occurs in the third yearsince the policy start date, an additional monetaryamount in respect of the difference between thePurchase Price and the additional cost to replaceYour Vehicle, subject to a maximum additionalamount of up to 15% of the Purchase Priceis payable.

If Your Vehicle is no longer available, the maximumextra amount relevant to the period of time since thepolicy start date is payable.

We, Us, Our

Motors Insurance Company Limited.

You, Your, Insured

Either:

• A private individual or sole trader who is at least18 years of age and whose name is on theValidation Certificate; or

• A partnership where one name is on theValidation Certificate; or

• A limited company or other legal entity whosename is on the Validation Certificate.

Your Vehicle

The car or light commercial vehicle up to 3.5 tonnesgross vehicle weight shown on Your ValidationCertificate.

Vehicle Value Protection (continued)

8

About Your Policy

We will provide cover under the terms, exceptions,conditions and any Endorsement of this policy,relating to any Period of Insurance for which Wehave accepted Your Premium, and You have madepayment in full or have entered into an agreement topay Your Premium.

This contract is based on the Proposal (or anystatement of facts or statement of insurance Weprepare using the information You have provided),and any declaration You make.

This policy gives full details of Your cover. You willalso receive a Validation Certificate which containsinformation about You, Your Vehicle, Your Period ofInsurance and any Endorsement(s). This documenttogether with Your Validation Certificate is Yourpolicy and should be read as one document. Pleaseread them both carefully and make sure that theymeet Your needs.

If You have any questions, please contact theIntroducer or the Administrator and they willhelp You.

Please keep all Your insurance documents in a safeplace, as You may need to read them if You want tomake a claim.

Eligibility

You are eligible for cover if at the Start Date ofthe policy:

a) You are resident in England, Scotland, NorthernIreland or Wales and remain so throughout thePeriod of Insurance;

b) You are either the owner of Your Vehicle or havea Finance Agreement, contract hire or LeaseAgreement in relation to Your Vehicle, or are theregistered keeper of Your Vehicle;

c) You are at least 18 years of age;

d) You hold a full driving licence which is valid inthe United Kingdom;

e) You hold a valid policy providing comprehensivemotor insurance for the Vehicle.

Your Vehicle is eligible for cover if at the Start Dateof the policy:

a) The Vehicle Purchase Price is not greaterthan £150,000;

b) The Vehicle is not to be used for racing,pace-making, speed testing, reliability trials orany off-road event;

c) The Vehicle is not to be used for hire or reward,short-term self-drive or driving tuition inconnection with Your occupation;

d) The Vehicle is not a commercial vehicle of morethan 3,500kg gross weight, kit-car, mobilityvehicle, a grey or parallel import or a vehicle notbuilt for sale in the United Kingdom;

e) The Vehicle is no more than 100 days from theoriginal date of purchase;

f) The Vehicle is listed in Glass’s Guide.

For the full list of requirements please see the “Wewill cover” and “Exclusions” sections.

Vehicle Value Protection (continued)

9

Period of Insurance

The Validation Certificate You have been providedwith will provide details as to when this policycommences (the Start Date). Expiry of Your policywill occur at earliest of the following dates:

• The Expiry Date as shown on Your ValidationCertificate; or

• The date Your Vehicle is declared a TotalLoss; or

• The date Your Vehicle is sold or transferred to anew owner or repossessed by the FinanceCompany; or

• The date on which Your policy is cancelled; or

• The date on which You do not pay thePremium due.

The policy is non-renewable.

Cover Provided

Following the Total Loss of Your Vehicle during thePeriod of Insurance, We will pay the difference –up to the Sum Insured – between the Insured Valueand the Purchase Price of Your Vehicle asconfirmed in the net sales invoice. This difference willthen be increased by the Vehicle Value ClaimsAdjustment in order to compensate for any increasein the cost of replacement of Your Vehicle.

If the Finance Early Settlement Amount is greaterthan the Purchase Price of Your Vehicle with theadded Vehicle Value Claims Adjustment, We willpay the difference – up to the Sum Insured –between the Insured Value and the Finance EarlySettlement Amount. The benefit will be paid to theFinance Company and We will pay any excess overthe Finance Early Settlement Amount to You.

If You have a Lease Agreement, We will pay thedifference up to the Sum Insured between theInsured Value and the Lease Early TerminationCharge to the Lease Company.

The maximum benefit levels for claims are as follows:

• Where Your Vehicle Purchase Price is up to£50,000 the maximum benefit payable is up tothe Vehicle Purchase Price, plus the VehicleValue Claims Adjustment if applicable

• Where Your Vehicle Purchase Price is between£50,001 and £75,000 the maximum benefitpayable is £35,000, plus the Vehicle ValueClaims Adjustment if applicable;

• Where Your Vehicle Purchase Price is between£75,001 and £100,000 the maximum benefitpayable is £50,000, plus the Vehicle ValueClaims Adjustment if applicable;

• Where Your Vehicle Purchase Price is between£100,001 and £125,000 the maximum benefitpayable is £60,000, plus the Vehicle ValueClaims Adjustment if applicable;

• Where Your Vehicle Purchase Price is between£125,001 and £150,000 the maximum benefitpayable is £65,000, plus the Vehicle ValueClaims Adjustment if applicable;

Any amount due will be paid to You where YourVehicle is not subject to a Finance Agreement orLease Agreement.

Vehicle Value Protection (continued)

10

We Will Cover

• Your Vehicle providing the Vehicle PurchasePrice does not exceed £150,000.

• Your Vehicle providing it is shown in Glass’sGuide.

• Your Vehicle providing this Vehicle ValueProtection Policy is registered with Us within100 days from the original purchase date ofYour Vehicle.

• Your Vehicle providing it is registered with Uswithin 100 days from the original purchase date.

• Your Vehicle providing it is covered by a MotorInsurance Policy throughout the Period ofInsurance, or where any permitted driver of YourVehicle has a valid Motor Insurance Policy inforce at the time of driving Your Vehicle.

• Your Vehicle providing it was not purchased viaa private sale.

• Your Vehicle providing it is not used for daily orweekly rental.

• You providing You are either the owner of YourVehicle or have a Finance Agreement or LeaseAgreement in relation to Your Vehicle or are theregistered keeper of Your Vehicle.

• You providing You are at least 18 years of age atthe Start Date of this policy if You are a privateindividual or a sole trader.

• You providing You are resident in the UnitedKingdom for the Period of Insurance ofthis policy.

• You providing You applied for this insurancecover in the form approved by Us.

• You providing You have paid or agreed to pay theinsurance Premium for this policy.

• You providing You agree to comply with the termsand conditions of this policy.

Exclusions

• Your Vehicle if it has not been registered with Uswithin 100 days of the original purchase date.

• Your Vehicle if it is not shown in Glass’s Guide.

• Your Vehicle if You have not claimed under theMotor Insurance Policy or from a third partythrough an Accident Management Company orYour claim has not been settled as a Total Loss.

• Your Vehicle if it is Insured on any type of motortrade insurance policy.

• Your Vehicle if it has been modified other than inaccordance with Your Vehicle manufacturer’sspecification. In this instance, cover will not beprovided if We determine that the Total Lossoccurred as a result of this modification.

• Your Vehicle if it is a scooter, motorcycle, touringcaravan, non-United Kingdom specificationVehicle or not built for principal sale in the UnitedKingdom or classed as a Grey Import, kit car,bus, coach, commercial Vehicle more than 3.5tonnes, truck or a heavy goods Vehicle.

• Your Vehicle has not been supplied to You by arecognised motor Vehicle retailer.

• Your Vehicle if it is owned by a garage,Vehicle trader or any other associated Vehicletrade company.

• Your Vehicle if it is manufactured in the UnitedStates of America and is not right hand drive.

• Your Vehicle if it is manufactured in the UnitedStates of America and has been importeddirectly from that country and has not beenpurchased as new from an authorised UnitedKingdom distributor.

• Your Vehicle if it is used for daily orweekly rental.

Vehicle Value Protection (continued)

11

• Your Vehicle if it is used as an emergency ormilitary vehicle, courier or delivery vehicle,mobility vehicle, for driving school tuition, for anyhire or reward or as a taxi.

• Your Vehicle if it is used for track days, roadracing, rallying, pace-making, speed testing orany other competitive event.

• Your Vehicle if the Total Loss occurred after itwas taken or driven without Your consent by afamily member, spouse or partner.

• You, if You are under 18 years of age at the StartDate of this policy, if You are a private individualor a sole trader.

• A Total Loss where the Total Loss occurredbefore the inception of this insurance.

• A Total Loss caused by someone not eligible todrive Your Vehicle under the terms of the MotorInsurance Policy for whom You gave consent, orwhere the person driving Your Vehicle did nothave fully comprehensive insurance in place forthe Vehicle.

• A Total Loss caused by someone who does nothold valid driving licence or is in breach of theconditions of their driving licence, for whom Yougave consent to drive Your Vehicle.

• A Total Loss occurring outside theTerritorial Limits.

• A Total Loss occurring outside the Periodof Insurance.

• A Total Loss occurring where Your Vehicle hadbeen driven in the European Union, other thanthe United Kingdom or any other country shownon an International Motor Insurance Card (“GreenCard”), where You have not kept in force aMotor Insurance Policy providing an equivalentlevel of cover as You would have enjoyed in theUnited Kingdom.

• Any loss of use of Your Vehicle or any othercosts that are directly or indirectly caused by theevent which led to Your claim, unless specificallystated in this policy.

• Any loss or destruction or damage to anyproperty and any expense incurred as a result.

• Any Premium owed that is deducted from thesettlement by the Motor Insurer of a Total Lossclaim on Your Vehicle.

• Any Motor Insurance Excess above £250 that isdeducted from the settlement by the MotorInsurer of a Total Loss claim on Your Vehicle.

• The Salvage Value of Your Vehicle if You arenot required to transfer the ownership to theMotor Insurer.

• The same percentage or amount deducted by theMotor Insurer of Your Vehicle, if they reduce theMotor Insurance Settlement because ofcontributory negligence or due to the condition ofYour Vehicle.

• Any claim where the Motor Insurer has offeredto repair Your Vehicle but You have requestedthe claim to be dealt with on a Total Loss basis.

• The VAT element of any claim where You areVAT registered.

• If the Finance Early Settlement Amount from theFinance Agreement is greater than the originalPurchase Price, We will deduct any arrears andany interest payable on those arrears and anyamount due not relating to the Market Value ofYour Vehicle at time of purchase.

Vehicle Value Protection (continued)

12

• Any amount due under the Finance Agreementrelating to any insurance premiums. We excludeall deposit allowances, discounts, rebates,concessions, cashbacks, incentives andcontributions. We also exclude new vehicleregistration fees, road fund licence fee, numberplates, warranty costs, fuel, paintworkprotection applications, other extras, arrears orNegative Equity.

• Any liability where the terms of the policy havebeen amended or altered without Our writtenconsent to You.

• Any Premium due that has not been paid to Us.

General Exclusions Under this Policy

Cyber Attack

We will not pay for any loss, damage, liability orexpense, directly or indirectly caused by orcontributed to, or arising from one single event wherethe use or operation of any system, software,malicious code, virus, process or any other electronicsystem, intended to inflict harm, impacts YourVehicle and other vehicles simultaneously.

Earthquake

We will not cover any Total Loss if the loss ordamage to Your Vehicle is caused by earthquakes.

Fraud

We will not pay any claim and all cover under thepolicy will end from the date You (or anyone actingfor You):

• Make a false or exaggerated claim or supportYour claim with forged or fraudulent documentsor evidence; or

• Make a false or exaggerated Total Loss claim orsupport Your Total Loss claim with forged orfraudulent documents or evidence; or

• Deliberately cause the loss or damage.

We also reserve the right to inform the Police, and torecover any benefit payment made in respect of afraudulent claim if new information comes to light ata later date.

Pressure Waves

This policy does not cover any Total Loss caused bypressure waves of an aircraft or other aerial devicetravelling at sonic or supersonic speed.

Vehicle Value Protection (continued)

13

Radioactivity

This policy does not cover any Total Loss that is thedirect or indirect consequence of:

• Irradiation, or contamination by nuclearmaterial; or

• The radioactive, toxic, explosive or otherhazardous or contaminating properties of anyradioactive matter; or

• Any device or weapon which employs atomic ornuclear fission or fusion or other comparablereaction or radioactive force or matter.

Riot

We will not cover any Total Loss that is caused byriot or civil commotion if the loss or damage to YourVehicle happens outside United Kingdom.

War

This policy does not cover any Total Loss that is thedirect or indirect consequence of war, civil war,invasion, acts of foreign enemies (whether war bedeclared or not), rebellion, revolution, insurrection,military or usurped power, or confiscation,nationalisation, requisition, destruction of or damageto property by or under the order of any government,local or public authority.

Making a Claim

If You consider Your Vehicle is likely to be declareda Total Loss, here’s what to do.

Contact Vehicle Value Protection Customer Serviceson 0344 573 8069, or [email protected].

You will need to tell Us within 120 days of Your TotalLoss occurring. When notifying Us You will need tohave the following information:

• Your policy number;

• Your details as recorded on the ValidationCertificate.

We hope You will find Our service fast, efficientand friendly.

IMPORTANT

Please contact the Administrator, in order toregister Your claim prior to agreeing anysettlement offer from Your Motor Insurer or froma third party through an AccidentManagement Company.

The Administrator may arrange for one of itsrepresentatives to visit You to help investigateYour claim.

The Administrator reserves the right to calculate anyrebate for early repayment of the outstanding FinanceAgreement provided for under the Consumer CreditAct 1974.

In the matters of a claim the Administrator acts onbehalf of the Insurer.

Vehicle Value Protection (continued)

14

Motor Insurer Settlement

If You decline the offer of a replacement vehicle underthe terms of the Motor Insurance Policy, or You areeligible for a replacement vehicle under Your MotorInsurance Policy but You choose to pursue Yourclaim via an Accident Management Company, thenthe Administrator will settle the claim based on thevalue of the replacement vehicle and not thesettlement figure offered under the MotorInsurance Policy.

Note this may result in no Sum Insured being paid.

The Administrator reserves the right to subject YourVehicle to independent inspection.

If You accept a Motor Insurance Settlement from theMotor Insurance Policy before contacting theAdministrator We reserve the right to contact theMotor Insurer in Your name to assess the offer ofsettlement and where necessary seek settlementin-line with the Market Value (Glass’s Guide Retail)at time of Your Vehicle being declared a Total Loss.

Any actions We take in Your name in relation to theMotor Insurance Settlement will not affect thepayment of a claim under Your Vehicle ValueProtection policy.

In the unlikely event that the Insured Value is no lessthan the Purchase Price of Your Vehicle at the dateof the Total Loss claim, whereby a monetary claim ofany amount cannot be made against this policy, Youwill be entitled to a full refund of Premium, inclusiveof insurance Premium tax that You originally paid forthis policy providing You have not entered into anagreement with an Accident Management Companyto recover the cost of the policy from any third party.

Other Insurance

If You are covered by any other policy for any claimcovered under this policy, We will pay only Our shareof the claim (unless We say otherwise in this policy).

Subrogation

We may at Our own expense, following the paymentof a claim, take over Your rights to recover paymentor relief from a third party responsible for the loss, upto the amount paid out under the policy.

Vehicle Value Protection (continued)

15

Transferring Your Cover

If within 12 months of the Start Date of this policy:

a) You exchange Your Vehicle for a replacementvehicle through Your original supplying dealer; or

b) Your Vehicle is declared a Total Loss by theMotor Insurer and the Motor Insurer providesYou with a replacement vehicle; or

c) Your Vehicle is replaced under a manufacturer’sor dealer’s warranty;

then You may transfer this policy to the replacementvehicle subject to the following terms and conditions:

• The Start Date of the policy will remain thesame; and

• The Period of Insurance will remain the same;and

• You have not made a claim under this policy.

If You have taken out a Finance Agreement topurchase Your Vehicle, the Purchase Price of Youroriginal Vehicle will be used to calculate any futureclaim under this policy, irrespective of whether thePurchase Price of the replacement vehicle is higheror lower than Your original Vehicle.

How to Transfer

Write to the Administrator within 30 days of havingtaken delivery of the replacement vehicle. Pleaseprovide a copy of the original invoice for Your Vehicleand a copy of the invoice for the replacement vehicle.

Changes in Your Circumstances

Please tell the Administrator immediately about anyof the following changes which may affect Yourcover. If You fail to do so, Your policy may not bevalid and Your claim may not be paid.

You must tell the Administrator if:

• You move house; or

• Your name changes (for example, by marriage);or

• You change Your Vehicle or the owner of YourVehicle changes; or

• You change what You use Your Vehicle for (forexample, You start using it for businesspurposes); or

• You make changes to Your Vehicle; or

• You change Your registration number to acherished number plate.

If You are unsure in any way about whether a changein circumstances may affect Your cover, pleasecontact the Administrator.

Vehicle Value Protection (continued)

16

Cancellations and Cooling-off Period

If this policy does not meet Your needs, You have30 days from the date You received Your policydocuments to cancel the policy and obtain a fullrefund. To cancel Your policy within this 30-dayperiod please contact the Introducer who sold YouYour policy.

If You wish to cancel Your policy after this 30-dayperiod, You can cancel at any time up to the ExpiryDate of Your policy and receive a pro rata refund.To cancel Your policy please contact theAdministrator by calling 0344 573 8069 or bywriting to: Car Care Plan Limited, Jubilee House,5 Mid Point Business Park, Thornbury,West Yorkshire BD3 7AG.

The percentage refund will be calculated from thedate Your request to cancel is received. Anadministration fee of £20 will be deducted from thecalculated amount prior to any refund being paid.

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

If You have paid for Your policy in full, as opposed toa Car Care Plan Ltd instalment agreement, providedYou have not made a successful claim, theAdministrator will provide You with a refundproportional to the length of time the policy has beenin force and is calculated using the policy Start Date.The amount of refund You receive will be based oneach full calendar month remaining on Your policy asa percentage of the original duration of Your policyless an administration fee of £20.

If You have paid for Your policy by instalmentpayments through an instalment agreement withCar Care Plan Ltd, any refund amount owed to Youwill be calculated in line with the following rules:

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

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

1 If the refund You are eligible for is in excess ofthe total outstanding instalment payments Youowe Car Care Plan Ltd, We will pay thedifference directly to You; or

2 If the refund You are eligible for is less than thetotal outstanding instalment payments You oweCar Care Plan Ltd, the refund will be applied aspart payment of Your total outstanding instalmentpayments. You will continue to be responsible forpaying the remaining outstanding payments onYour instalment agreement with Car Care PlanLtd until the balance calculated at the time ofnotice of cancellation received by theAdministrator has been settled.

We will not give You a refund if You havesuccessfully claimed on Your policy.

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

Complaints ProcedureWe hope that You will be pleased with the service Weprovide. In the unlikely event of a complaint, Youshould contact the Administrator on 0344 573 8069,or in writing to: The Customer Services Manager,Car Care Plan Limited, Jubilee House,5 Mid Point Business Park, Thornbury,West Yorkshire BD3 7AG.

You can also email the Administrator [email protected].

Vehicle Value Protection (continued)

17

If it is not possible to reach an agreement, You alsohave the right to ask the Financial OmbudsmanService to review Your case. The right to apply to theOmbudsman must be exercised within six months ofthe date of Our final decision. For more informationYou can visit the Financial Ombudsman Servicewebsite: www.financial-ombudsman.org.uk or writeto: The Financial Ombudsman Service,Exchange Tower, London E14 9SR.Telephone: 0800 023 4567 or 0300 123 9123.

The above complaints procedure is in addition toYour statutory rights as a consumer.

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

The Motor Ombudsman will offer free impartialinformation and if appropriate an alternative disputeresolution process in the event that You are notsatisfied with the outcome of a concern.

For further information, You can visit The MotorOmbudsman website atwww.TheMotorOmbudsman.org or call theirInformation Line on 0345 241 3008.

General Conditions that Apply tothis Policy

Governing Law

This policy is subject to English Law unlessotherwise agreed.

Language

All communication between You and Us will beconducted in English. We record telephoneconversations to offer You additional security, resolvecomplaints and improve service standards.Conversations may also be monitored for stafftraining purposes.

For policyholders with disabilities the Administratoris able to provide, upon request, audio tapes andlarge print documentation. Please advise theAdministrator if You require any of these services tobe provided so the Administrator can communicatewith You in an appropriate manner.

Financial Services Compensation Scheme

Motors Insurance Company Limited is covered by theFinancial Services Compensation Scheme (FSCS).You may be entitled to compensation from thescheme if the Insurer is unable to meet itsobligations. This depends on the type of businessand the circumstances of the claim. Insuranceadvising and arranging is covered for 90% of theclaim amount, without any upper limit.

For further information about the scheme (includingthe amounts covered and eligibility to claim) pleaserefer to the FSCS website www.FSCS.org.uk or call0800 678 1100 or 0207 741 4100, or write to:Financial Services Compensation Scheme,PO Box 300, Mitcheldean GL17 1DY.

Vehicle Value Protection (continued)

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Privacy and Data Protection Notice

1 Data Protection – Car Care Plan Limited (the“Data Controller”) are committed to protectingand respecting Your privacy in accordance withthe current Data Protection Legislation(“Legislation”). Below is a summary of the mainways in which the Data Controller processesYour personal data. For more information pleasevisit www.view-privacy-policy.co.uk.

2 Use of Your Personal Data – The Data Controllermay use the personal data it holds about You forthe purposes of providing insurance, handlingclaims and any other related purposes (this mayinclude underwriting decisions made viaautomated means), for offering renewal, researchor statistical purposes and to provide You withinformation, products or services that Yourequest from the Data Controller or which theData Controller feels may interest You. The DataController will also use Your data to safeguardagainst fraud and money laundering and tomeet the Data Controller’s general legal orregulatory obligations.

3 Disclosure of Your Personal Data – The DataController may disclose Your personal data tothird parties involved in providing it with productsor services, or to service providers who performservices on the Data Controller’s behalf. Theseinclude group companies, affinity partners,brokers, agents, third party administrators,reinsurers, other insurance intermediaries,insurance reference bureaus, credit agencies,fraud detection agencies, loss adjusters, externallaw firms, external auditors and accountants,regulatory authorities, and as may be requiredby law.

4 International Transfers of Data – The DataController may transfer Your personal data todestinations outside the European Economic Area(“EEA”). Where the Data Controller transfers Yourpersonal data outside of the EEA, the DataController will ensure that it is treated securelyand in accordance with the Legislation.

5 Your Rights – You have the right to ask the DataController not to process Your data for marketingpurposes, to see a copy of the personalinformation held about You, to have Your datadeleted (subject to certain exemptions), to haveany inaccurate or misleading data corrected ordeleted, to ask for a copy of Your data to beprovided to any controller and to lodge acomplaint with the local data protection authority.

6 Retention – Your data will not be retained forlonger than is necessary, and will be managed inaccordance with the Data Controller’s dataretention policy. In most cases the retentionperiod will be for a period of seven (7) yearsfollowing the expiry of the contract, or the DataController’s business relationship with You,unless the data must be retained for a longerperiod due to business, legal or regulatoryrequirements.

If You have any questions concerning the DataController’s use of Your personal data, pleasecontact: The Data Protection Officer,Car Care Plan Limited, Jubilee House,5 Mid Point Business Park, Thornbury,West Yorkshire BD3 7AG, England.

Vehicle Value Protection (continued)

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Anti-Fraud and Theft Registers

We or the Administrator may pass information tovarious anti-fraud and theft registers.

The aim is to help insurers check the informationprovided and to prevent fraudulent claims. When Yourrequest for insurance is considered, these registersmay be searched. When You tell the Administratorabout an event, the information relating to the eventwill be passed on to the registers. It is a condition ofthis policy that You inform the Administrator aboutan event, whether or not it gives rise to a claim.

Fraud

You must not act in a fraudulent way. If You oranyone acting for You:

• Makes a claim under the policy knowing theclaim to be false or exaggerated in any way; or

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

• Provides the Administrator with anydocumentation in support of a claim knowingthe documentation to be forged or false in anyway; or

• Makes a claim for any loss caused by Yourdeliberate act or with Your agreement.

Then We or the Administrator:

• Will not authorise the claim;

• May not authorise any other claim which hasbeen or may be made under the policy;

• May declare the policy void;

• Will be entitled to recover from You the amountof any claim already paid under the policy;

• Will not return any of Your Premium;

• May let the police know about thecircumstances.

Consumer Insurance (Disclosure andRepresentations) Act 2012 and Insurance Act 2015

You are required by the provisions of these Acts totake care to supply accurate and complete answersto all the questions in the application and to makesure that all information supplied is true and correct.You must tell Us of any changes to the answers Youhave given as soon as possible. Failure to advise Usof a change to Your answers may mean that Yourpolicy is invalid and that it does not operate in theevent of a claim. We may also recover any moneyWe may have paid under this policy.

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

We reserve the right to decline any insurance risk orto change the Premium and the terms quoted.

Vehicle Value Protection (continued)

20

Peace of Mind Motoring

Vehicle Value Protection 0344 573 8069

Please refer to the relevant ‘How to Claim’ section before phoning.

Administered by

Car Care PlanAn AmTrust Financial Company

Jubilee House5 Mid Point Business Park

ThornburyWest Yorkshire BD3 7AG

CCP 10439PB09557 – 03/2021