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RESTAURANTS, WINE BARS ANDPUBLIC HOUSES Your Policy Terms and ConditionsJune 2005

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WELCOME TO AXA

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Introducing AXA

One of the world’s largest insurersWith more than 50 million customers across the globe, AXA is one of theworld’s largest financial services providers. We have a presence in over 50countries, yet we pride ourselves on having a real understanding oflocal issues.

Care, advice & support – when you need itAs one of the world leaders in financial protection and wealth management, weoffer a wide range of insurance and financial products to meet your businessand personal needs. Our commitment is to deliver our products with consistentcare, advice and support as and when you need it.

We employ 117,000 people worldwide, and are also one of the thirty largestcompanies of any kind (Fortune magazine’s Global 500 for 2003).

AXA provides products that help people to get the best out of life. Our productsand services include: Business Insurance, Home and Motor Insurance,Investments, Life Assurance, Retirement Planning, Long Term Care, Asset Management, Medical Insurance and Dental Payment Plans.

AXA Insurance UK plc is authorised and regulated by the Financial ServicesAuthority. This can be checked on the FSA’s website at www.fsa.gov.uk/registeror by contacting them on 0845 606 1234.

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Contents

• Your Policy 4

• Important Helplines 5

• Definitions 6

• Section 1 – The Buildings of the Licensed Premises 10

• Section 2 – The Contents of the Licensed Premises 12

• Clauses Applicable to Sections 1 and 2 18

• Section 3 – All Risks on Specified Items 22

• Section 4(a) – Business Interruption 23

• Section 4(b) – Loss of Accounts Receivable 26

• Section 5 – Loss of Licence 28

• Section 6 – Business Liability 31

• Section 7 – Computer Breakdown 38

• Section 8 – Terrorism Insurance 41

• Section 9 – Legal Expenses 43

• Special Clauses 51

• General Exceptions of the Policy 55

• General Conditions of the Policy 58

• Making Yourself Heard 62

Restaurants, Wine Bars and Public Houses CONTENTS

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Important

We recommend You read this Policytogether with Your Schedule to ensure that itmeets with Your requirements Should Youhave any queries please contact Us or YourInsurance Adviser

Your attention is drawn to the ComplaintsProcedure (Making Yourself Heard) on Page 62

The law applicable to this Policy

You are free to choose the law applicable tothis Policy Your Policy will be governed by thelaw of England and Wales unless You and Wehave agreed otherwise

Security of Premises

This insurance has been granted subject toMinimum Standards of Security (see GeneralCondition 3) or following a survey of YourLicensed Premises and it is important thatYou should not alter door or windowfastenings or other security devices (exceptas allowed specifically in a Further ProtectionClause attached to this Policy) without thewritten consent of the Company In Yourinterest it is important that You give earlynotification of any proposed changes sothat if necessary a further survey maybe undertaken

Your Policy

YOUR POLICY Restaurants, Wine Bars and Public Houses

The Company in consideration of the payment of the premium shallprovide insurance against loss destruction damage or liabilityoccurring at any time during the period of insurance (or anysubsequent period for which the Company accepts a renewalpremium) in accordance with the Sections of the Policy shown asoperative in the Schedule subject to the exclusions provisions andconditions of the Policy

The Policy and the Schedule should be read together as onecontract and the Proposal Form/Statement of Fact made by theInsured is the basis of the contract

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Restaurants, Wine Bars and Public Houses IMPORTANT HELPLINES

Important Helplines

GlassReplacementService

0870 333 1424 A quick and efficient repair/replacement serviceis available 24 hours a day, 365 days a year.

In order to maintain a quality service telephone calls may be monitored or recorded.

EmergencyHelpline

0870 241 8178 Our 24 hour emergency helpline serviceprovides help when You most need it. Pleasequote scheme number PRC200100 when Youcall. We will provide details of reputablecontractors who will be able to help.

Legal and TaxAdvice

0870 241 8178 Our advice line provides free confidential legaland tax advice. Please quote scheme numberPRC200100 when You call.

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DEFINITIONS Restaurants, Wine Bars and Public Houses

1 General

AXA Insurance/Company/Our/Us/WeAXA Insurance UK plc (other than Section 9 –

Legal Expenses)

ProposalThe signed Proposal or Statement of Fact ifapplicable and any additional informationsupplied to the Company by or on behalf ofthe Insured

Policythe Policy and Schedule and anyendorsements attached or issued

Businessthe business stated in the Schedule and

a) the provision and management ofcanteen sports social or welfareorganisations for the benefit ofEmployees and fire security first aidmedical and ambulance services

b) private work undertaken with the priorconsent of the Insured by Employeesfor any director or senior official ofthe Insured

Business Hourslicensing hours including any extensionsgranted by the licensing authorities plus onehour immediately before and one hourimmediately afterwards

Guestany person paying for overnightaccommodation in the Licensed Premises

Employee(other than Section 9 – Legal Expenses)

a) any person under a contract of service orapprenticeship with the Insured

b) any person who is hired to or borrowedby the Insured

c) any person engaged in connection with awork experience or training scheme

d) any labour master or person supplied by him

e) any person engaged by labour only sub-contractors

f) any self-employed person working on alabour only basis under the control orsupervision of the Insured

g) any voluntary helper

while working for the Insured in connectionwith the Business

Moneycash bank and currency notes chequespostal orders money orders crossed bankersdrafts current postage stamps savingsstamps and certificates National Insurancestamps trading stamps gift tokens customerredemption vouchers credit card companysales vouchers credit card counterfoilstravellers tickets phonecards (excludingphonecards held in stock for resale)VAT purchase receipts contents of frankingmachines gaming machines tokensand insofar as they are not otherwiseinsured holiday-with-pay stamps andluncheon vouchers

Offshorefrom the time of embarkation onto aconveyance at the point of final departurefrom land to any offshore rig or any offshoreplatform and until such time ofdisembarkation from a conveyance onto landupon return from any offshore rig or anyoffshore platform

Definitions

Wherever the following words and phrases appear in the Policythey will always have these meanings

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Restaurants, Wine Bars and Public Houses DEFINITIONS

Territorial Limits(other than Section 9 – Legal Expenses)

a) anywhere within Great Britain NorthernIreland the Channel Islands or the Isle ofMan other than Offshore

b) elsewhere in the world other thanOffshore in connection with temporaryvisits undertaken in the course of theBusiness by any person normally residentin the territories described in a) above

c) elsewhere in the world in respect ofanything sold or supplied by the Insured

Insured/You/Yourthe person(s) or company named in the Schedule

Licensed Premisesthe Licensed Premises shown in theSchedule including private dwelling roomsand its outbuildings on the same premisesthe structure of the Licensed Premises beingbrick stone or concrete built and roofed withslate tile concrete metal asbestos or anyother non combustible material (unlessotherwise stated in the Schedule)

2 Applicable only to Section 6

Injury bodily injury death disease illness ornervous shock

3 Applicable only to Sections 1, 2,3, 4(a), 4(b) 7 and 8

Virus or Similar MechanismVirus or Similar Mechanism shall meanprogram code programming instruction orany set of instructions intentionallyconstructed with the ability to damageinterfere with or otherwise adversely affectcomputer programs data files or operationswhether involving self-replication or not

This Definition of Virus or SimilarMechanism includes but is not limited toTrojan horses worms and logic bombs

HackingHacking shall mean unauthorised access toany computer or other equipment orcomponent or system or item whichprocesses stores transmits or retrieves data


Denial of Service Attack Denial of Service Attack means any actionsor instructions constructed or generated withthe ability to damage interfere with orotherwise affect the availability of networksnetwork services network connectivity orinformation systems Denial of ServiceAttacks include but are not limited to thegeneration of excess traffic into networkaddresses the exploitation of system ornetwork weaknesses and the generation ofexcess or non-genuine traffic between andamongst networks


Acts of ParliamentAll Acts of Parliament referred to in thisPolicy shall include any subsequentamendments re-enactments or regulationsand equivalent legislation enforceable withinthe Territorial Limits

Any One ClaimAll claims or legal proceedings consequentupon the same original cause event orcircumstance shall be regarded as one claim

Appointed RepresentativeA consultant solicitor barrister or otherappropriately qualified person appointed bythe Company to act for the Insured

Awards of CompensationBasic and Compensatory Awards madeagainst the Insured by an EmploymentTribunal or settlement thereof subject to theCompany’s consent but not includingAdditional Special Protective Awards InterimRelief arrears of pay or any award ofdamages under the Equal Pay Act or arisingout of failure to comply with awards in

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respect of reinstatement or re-engagement The Company will not pay any fine award ordamages incurred by deliberately avoiding apayment or liability under statutoryrequirements The Company will not pay anyredundancy payment or any monies due orproperly payable arising under or from acontract of employment service agreementor related document or from any relatedimplied or incorporated terms of a contractof service

CompanyAXA Insurance UK plc and its appointedagent for this Section Abbey Legal Protection a trading division of AbbeyProtection Group Limited

Contracting PartyAn individual or company with whom theInsured has a direct contractual relationship

DebtMonies owed to the Insured that havebecome due and payable

Debt Collection ServiceA debt collection service nominated by the Company

Due DateThe date monies owed to the Insuredbecome due and payable

Employee Any person under a contract of service withthe Insured

Legal Advice LineThe legal advisory service provided by theCompany on an unrestricted basis to theInsured If you have a legal or tax issue youcan obtain free advice by telephoning 0870 241 8178 Whilst this Policy remains in force the service may be used as often as necessary

Legal Expensesa) Fees

i. Legal fees and disbursementsreasonably incurred by the AppointedRepresentative with the consent of theCompany

ii. Costs incurred by other parties insofaras the Insured is held liable in court ortribunal to pay such costs or becomesliable to pay such costs under asettlement the Company has agreedto but excluding any costs the Insuredmay be ordered to pay by a court ofcriminal jurisdiction

b) Compensation for Court Attendance

In the event of any director partner oremployee of the Insured attending ahearing at court or tribunal as a witnessat the request of the AppointedRepresentative in respect of a claim towhich the Company has consented theCompany will provide compensation tothe Insured for a loss up to £100 per dayand up to £1,000 Any One Claim

Period of InsuranceAs specified in the Schedule

Professional DutyDuty owed by the Insured in respect ofwhich the Insured has or is required to havein force professional indemnity insurance oran equivalent insurance providing indemnityin the event of a negligent act error oromission

DEFINITIONS Restaurants, Wine Bars and Public Houses

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Professional ExpensesAny fees expenses and other disbursementreasonably incurred by the AppointedRepresentative in connection with any claimor proceedings including those incurred bythe Company in connection with such claimor proceedings but excluding any tax or VATadditional tax or VAT interest or penaltiesdemanded assessed or required by therelevant authorities or other penaltiesimposed by a court of criminal jurisdiction

PropertyLand and or buildings owned or occupied bythe Insured or otherwise for which theInsured is legally responsible

Territorial LimitsGreat Britain Northern Ireland the Channel

Islands or the Isle of Man

Restaurants, Wine Bars and Public Houses DEFINITIONS

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SECTION 1 Restaurants, Wine Bars and Public Houses

Section 1 - The Buildings of the Licensed Premises

Property Insured

The building of the Licensed Premisesincluding landlord’s fixtures and fittingstherein and thereon walls gates and fencesyards car parks and pavements pipingducting cables wires and associated controlgear and accessories on the premises andextending to the public mains but only to theextent of the Insured’s responsibility

A Insured Perils

The Company shall indemnify the Insuredagainst loss of or damage to the PropertyInsured caused by the undernoted perils

1 Fire (including subterranean fire)explosion lightning or earthquake

2 Storm or flood excluding

a) loss or damage caused by frostsubsidence ground heave or landslip

b) loss or damage attributable solelyto change in water table level

c) loss or damage to moveable propertyin the open fences and gates

d) the first £500 of each and every lossas ascertained after the applicationof any Condition of Average

3 Escape of water from any tankapparatus or pipe (including damageto any fixed tank apparatus or pipecaused by freezing or forcible andviolent bursting) excluding

a) loss or damage in respect of anybuilding which is empty or not in use

b) the first £500 of each and every lossas ascertained after the applicationof any Condition of Average

c) loss or damage caused by wet ordry rot rust corrosion or other wearand tear

4 Riot civil commotion strikers locked-out workers or persons taking part inlabour disturbances or maliciouspersons excluding

a) loss or damage arising fromcessation of work

b) as regards loss or damage (otherthan fire or explosion) directlycaused by malicious persons notacting on behalf of or in connectionwith any political organisation

i) loss or damage by theft

ii) loss or damage in respect ofany building which is empty ornot in use

iii) the first £500 of each and everyloss as ascertained after theapplication of any Condition of Average

5 Impact with the Licensed Premises byaircraft or other aerial devices orarticles dropped therefrom or by anyvehicle train animal falling branchaerial or mast or satellite dish

6 Leakage of oil from any fixed heating installation

7 Theft or any attempt thereat involvingentry to or exit from the LicensedPremises by forcible and violentmeans excluding

a) loss or damage in respect of anybuilding which is empty or not in use

b) the first £500 of each and every lossas ascertained after the applicationof any Condition of Average

8 Leakage of beer and/or other beveragesfrom pumped drink containers

9 Any other accidental loss or damage excluding

a) the first £500 of each and every lossas ascertained after the applicationof any Condition of Average

b) loss or damage caused by orresulting from

i) wear tear the action of light oratmosphere moths vermin insects

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Restaurants, Wine Bars and Public Houses SECTION 1

ii) any process of cleaning dyeingrestoring adjusting or repairing

iii) corrosion dampness drynesswet or dry rot marring scratching

iv) loss or damage from wind hailsleet snow flood or dust toboundary walls gates fences

c) loss or damage specifically excluded

i) in Insured Perils 1–8

ii) in Insured Peril 10 if in force

iii) in the General Exceptions

d) loss or damage by subsidenceground heave or landslip

e) normal settlement or bedding downof new structures

f) loss or damage to a building orstructure caused by its owncollapse or cracking

g) loss or damage by theft or anyattempt thereat

Excluding(i) loss destruction or damage caused bypollution or contamination except (unlessotherwise excluded) destruction or damageto the Property Insured caused by

a) pollution or contamination which itself results from an Insured Peril

b) an Insured Peril which itself resultsfrom pollution or contamination

(ii) Loss or damage to any computer or otherequipment or component or system or itemwhich processes stores transmits orretrieves data or any part thereof whethertangible or intangible (including but withoutlimitation any information or programs orsoftware) and whether the property of theInsured or not where such loss or damage iscaused by programming or operator errorVirus or Similar Mechanism or Hacking.

But this shall not exclude loss or damagewhich results from the acts of maliciouspersons which involve physical force orviolence including the acts of thieves

B Damage to Cables andUnderground Pipes

The Company will pay the cost ofrepairing accidental damage for which

the Insured is responsible to cables andunderground pipes and drains (and theirinspection covers) on the LicensedPremises or connecting them to thepublic mains provided such damage isnot caused by rust corrosion or otherwear and tear

C Condition of Average

(Only applicable where claims are notpaid under the terms of theReinstatement Clause)

If at the time of any loss or damage thevalue of the Property Insured under anyitem is greater than its Sum Insured theInsured shall be considered as being hisown insurer for the difference and shall beara rateable share of the loss accordingly

D Inflation Protection Clause

The Company will adjust the SumInsured in line with suitable indices ofcosts and the renewal premium for thisSection will be based on the adjustedSum Insured

E Trace and Access

The Company will pay the reasonablecosts incurred by the Insured in locatingthe source and subsequent making goodloss or damage resulting from

i) the escape of water from any tankapparatus or pipe

ii) accidental damage to cablesunderground pipes and drains servingthe Licensed Premises

The liability of the Company in respectof any one Licensed Premises shall notexceed £25,000 any one Period ofInsurance

F Limit of Liability

Subject to the provisions of Clause GAutomatic Reinstatement of Sum Insuredon page 21 the maximum amount payableduring any one Period of Insurance underthis Section including any payment madeunder the Special Clauses is the SumInsured shown in the Schedule for theBuilding Section adjusted in accordancewith the Inflation Protection Clause or theDay One Average Clause if applicable

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Section 2 - The Contents of the Licensed Premises

Property Insured

Item 1Trade Contents for which the Insured isresponsible including landlord’s fixtures andfittings interior decorations and Employeespersonal effects up to £500 any oneEmployee excluding Stock in Trade andproperty more specifically insured by anyother item detailed in the Schedule

Item 2Stock in Trade and goods in trust for whichthe Insured is responsible including

a) wines and spirits up to £1,000

b) tobacco cigarettes and cigars up to £1,000

provided they are not insured by items 3 and 4

but excluding any other stock in trade morespecifically insured by any other itemdetailed in the Schedule

Item 3 As detailed in the Schedule

Item 4

pertaining to the Business and contained inthe Licensed Premises

Excludinga) any property otherwise insured

b) deeds bonds bills of exchangepromissory notes Money documents oftitle to property

c) loss or damage following theft by theInsured or resident manager or anymember of their family permanentlyresiding with them or any Employee

A Insured PerilsThe Company shall indemnify the Insuredagainst loss of or damage to the PropertyInsured caused by the undernoted perils

1 Fire (including subterranean fire)explosion lightning or earthquake

2 Storm or flood excluding

a) loss or damage caused by frostsubsidence ground heave or landslip

b) loss or damage attributable solelyto change in water table level

c) loss or damage to Stock in Trade inany cellar or basement unlessplaced on racks at least 150mmabove floor level

d) loss or damage to moveableproperty in the open

e) the first £500 of each and every lossas ascertained after the applicationof any Condition of Average

3 Escape of water from any tankapparatus or pipe excluding

a) loss or damage to contents of anybuilding which is empty or not in use

b) loss or damage to Stock in Tradein any cellar or basement unlessplaced on racks at least 150mmabove floor level

c) the first £500 of each and every lossascertained after the application ofany Condition of Average

4 Riot civil commotion strikers locked-out workers or persons taking part inlabour disturbances or maliciouspersons excluding

a) loss or damage arising fromcessation of work

b) as regards loss or damage (otherthan fire or explosion) directlycaused by malicious persons notacting on behalf of or in connectionwith any political organisation

i) loss or damage by theft

ii) loss or damage in respect of thecontents of any building which isempty or not in use

iii) the first £500 of each and everyloss as ascertained after theapplication of any Conditionof Average

}

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5 Impact with the Licensed Premises byaircraft or other aerial devices orarticles dropped from them or by anyvehicle train animal falling branchaerial or mast or satellite dish

6 Theft or any attempt thereat (including damage to the LicensedPremises for which the Insured isresponsible) excluding

a) loss or damage in respect of thecontents of any building which isempty or not in use

b) Licensed Premises which do notprovide sleeping accommodationfor paying guests unless the theftinvolves forcible and violent entryor exit

c) the first £500 of each and everyloss as ascertained after theapplication of any Condition of Average

7 Theft by violence or threat of violenceto the Insured his family or Employeesexcluding the first £500 of each andevery loss as ascertained after theapplication of any Condition of Average

8 Leakage of oil from any fixed heating installation

9 Leakage of Beer and or otherbeverages from pumped drinkcontainers and subsequent loss of contents

10 Any other accidental loss or damage occurring in the LicensedPremises excluding

a) the first £500 of each and everyloss as ascertained after theapplication of any Conditionof Average

b) loss or damage caused by orresulting from

i) wear tear the action of light oratmosphere moths vermin insects

ii) any process of cleaning dyeingrestoring adjusting or repairing

iii) corrosion dampness drynesswet or dry rot marringscratching bruising deterioration

c) damage to any machine orapparatus arising from mechanicalelectrical or electronic breakdownor derangement or from adjustmentmaintenance or repair

d) loss or damage specifically excluded

i) in Insured Perils 1–9

ii) in Insured Peril 11 if in force

iii) in the General Exceptions

e) normal maintenance or repair

f) erasure or distortion of information on computer systemsor other records

g) loss or damage to any computer orother equipment or component orsystem or item which processesstores transmits or retrieves dataor any part thereof whethertangible or intangible (including butwithout limitation any information orprograms or software) and whetherthe property of the Insured or notwhere such loss or damage iscaused by programming oroperator error Virus or SimilarMechanism or Hacking

h) any disappearance or shortagerevealed only at the time of stocktaking or the making of an inventory

i) loss or damage by confiscation ordetention by Customs or otherofficials or authorities

j) loss or damage following dishonestyor fraudulent action by the Insured’sEmployees or any person lawfully inthe Licensed Premises

k) any shortage due to error or omission

l) loss or damage by theft or anyattempt thereat

m) loss or damage by subsidenceground heave or landslip

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Excludingloss destruction or damage caused bypollution or contamination except (unlessotherwise excluded) destruction or damageto the Property Insured caused by

a) pollution or contamination which itself results from an Insured Peril

b) an Insured Peril which itself resultsfrom pollution or contamination

B Condition of Average

(Only applicable where claims are not paidunder the terms of the Reinstatement Clause)

If at the time of any loss or damage thevalue of the Property Insured under anyitem is greater than its Sum Insured theInsured shall be considered as being hisown insurer for the difference and shall beara rateable share of the loss accordingly

C Inflation Protection Clause


D Limit of Liability

Subject to the provisions of Clause GAutomatic Reinstatement of Sum Insuredon page 21 the maximum amount payableduring any Period of Insurance under anyitem including any payment made underthe Special Clauses is the Sum Insuredshown in the Schedule for the ContentsSection adjusted in accordance with theInflation Protection Clause

E Extensions of Cover

In addition the Insured will be indemnifiedagainst

1 Glass BreakagePaying for or making good the breakageor scratching of Glass (as defined belowand not otherwise insured) in theLicensed Premises and the Insured’sprivate dwelling portion of the LicensedPremises and in addition the cost of –

a) temporary boarding-up followingbreakage

b) repair of damage to window frames asa result of such breakage or the costof removal or replacement of fixturesand fittings in the course ofreplacement of Glass up to amaximum amount of £500 in any onePeriod of Insurance

c) lettering or other ornamental work andalarm foil on Glass up to a maximumamount of £500 for any one loss

Definition of Glass(i) fixed glass in windows doors

and fanlights

(ii) glass showcases shelves tops and mirrors

(iii)sanitary fixtures and fittings

Excludinga) the first £100 of each claim

2 SignsLoss of or damage to signs (other thanneon signs) up to a maximum amount of£1,000 in any one Period of Insurance

3 Goods in TransitLoss of or damage to merchandise andgoods and tools incidental to theInsured’s Business the property of theInsured or held in trust and for which theInsured is responsible while being carriedby any vehicle(s) owned hired or leasedby the Insured anywhere in or betweenthe United Kingdom Channel Islands Isleof Man and Republic of Ireland The coverapplies from the time the merchandiseand goods are lifted by the Insured’sEmployees until they are placed inposition by them at their destination(excluding their installation) includingloading and unloading

Provided that the liability of the Companyin respect of any one vehicle trailer orsemi-trailer or any one loss or series oflosses arising out of one event or in theaggregate shall not exceed £2,000

This Extension does not cover

a) the deterioration of goods conveyed infrozen chilled or insulated conditiondue to faulty stowage or incorrectsetting or operation of the equipment

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or variations in temperature unlessdirectly due to fire or accident to theconveying vehicle or to theft orattempted theft

b) loss or damage due to naturaldeterioration

c) any consequential or indirect loss orloss or damage due to delay

d) loss of or damage to bills of exchangepromissory notes Money securities forMoney stamps precious stonesjewellery bullion or loss or death of orinjury to living creatures

Special Conditions which will apply to this Extension

i) Overnight GaragingThe Company will not be liable underthis Extension for loss by theft if anyvehicle trailer or semi-trailer is leftunattended between the hours of21.00 and 06.00 unless such vehicletrailer or semi-trailer is securely lockedat all points of access and is garagedin enclosed premises which aresecurely locked or have a watchmanin constant attendance

ii) Locked Car ClauseThis Extension does not cover loss ordamage by theft or pilferage or anyattempt thereat involving any vehicletrailer or semi-trailer which is leftunattended or which is laid uptemporarily stored in any garage orsimilar premises unless such vehicleor trailer or semi-trailer has all pointsof access securely locked

4 Theft of Keys

In the event of the keys of the LicensedPremises being stolen from the LicensedPremises or from the private residence ofany director partner or Employeeauthorised to hold such keys theCompany will pay to the Insured anamount not exceeding £500 in any onePeriod of Insurance for the replacementof equivalent locks at the LicensedPremises Unless the Insured or anEmployee lives on the premises keys toany safe or strongroom must not be left

at the Licensed Premises when closedfor Business

5 Loss of Money

Loss from any cause of Money held inconnection with the Business includingMoney held by the Insured on behalf ofsports or social organisations formed forbenefit of customers and based on theLicensed Premises

a) while in transit within Great BritainNorthern Ireland the Channel Islandsor the Isle of Man or in a bank safe upto a maximum amount of £5,000 forany one loss

b) while at the residence of any principalor authorised Employee of the Insuredup to a maximum amount of £500 forany one loss

c) from gaming amusement or vendingmachines up to a maximum amount of£300 any one event

d) from the Licensed Premises up to amaximum amount of £5,000 for anyone loss

Provided always that when the LicensedPremises is closed to Business

i) liability for Money not contained in alocked safe is limited to £500

ii) liability for Money in a locked safe islimited to £1,000

iii) keys and/or combination codes tosafes are not left in the LicensedPremises unless the LicensedPremises is still attended by theInsured or an authorised Employee inwhich case such keys and/orcombination codes shall be depositedin a secure place not in the vicinity ofany safe

It is a condition precedent to liability underthis Extension that whenever Money intransit exceeds £2,500 at any one time

a) the Money will be accompanied by notless than two responsible adult persons

b) not more than £2,500 will be carriedby any one person


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Notwithstanding the limits referred to abovethe limit any one loss of crossed chequescrossed postal orders crossed money orderscrossed bankers drafts National SavingsCertificates credit company sales vouchersor receipts National Insurance stampsaffixed to cards and VAT purchase receiptsshall be £250,000

ExclusionsThis Extension shall not insure against loss –

a) arising from fraud or dishonesty of theInsured’s Employees unless such lossbe discovered within fourteen clearworking days of the occurrence

b) due to clerical or accounting errors

c) from unattended motor vehicles

d) of Money the property of the Post Office

6 Personal Accident – Assault

If the Insured or any Employee of theInsured within the age limits 16 to 70years shall suffer bodily injury causedsolely and directly as a result of robberyor any attempt thereat in the course ofthe Business the Company will paycompensation on the basis of thefollowing Table of Compensations

Provided that

a) compensation will not be payableunder more than one of the items inthe Table of Compensations for thesame injury

b) no liability will attach to the Companyfor bodily injury arising from orinfluenced by any existing physicaldefect or infirmity or the medicalcondition of any person entitled tocompensation hereunder or resultingfrom pregnancy or childbirth

The insurance by this Extension isextended to pay for damage to cashcarrying devices or clothing and personaleffects belonging to the Insured or anyEmployee of the Insured up to a limit of£500 in respect of any one person

7 Freezer Contents

Loss or damage to frozen or chilled stockin any freezer cabinet deep freezer coldroom cold store or chilled cabinet due tochange in temperature resulting from anycause other than loss or damage

i) following the deliberate act of anypublic electricity authority intermination disconnection restriction orwithholding the supply of electricity

ii) caused by neglect or misuse

Provided that

a) the maximum amount payable shallnot exceed £2,000 any one loss

b) the Insured shall be responsible for20% of any loss where the frozen foodcabinet deep freezer cold room coldstore or chilled cabinet is over 10years old

8 Seasonal Increase

During the months of November andDecember the first 14 days of Januaryand for 30 days before Easter Day ineach Period of Insurance the Sum Insuredon Stock in Trade is increased by 25%

1 Death* £10,000

2 Total loss or permanent £10,000and total loss of use ofone or more limbs*

3 Total and irrecoverable £10,000loss of all sight in oneor more eyes*

4 For any period up to £100a maximum of 2 years per weekof total disablement (payable monthly)

from engaging in usual occupation

* Occurring within 2 years of sustainingthe bodily injury

Table of Compensations

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9 Outside Catering

Loss of or damage (caused by any ofthe Insured Perils 1–10) to Stock inTrade and Trade Contents up to anamount of £2,000 occurring in anybuilding where the Insured is providingoutside catering

10 Property in the Open

Loss of or damage (caused by any of theInsured Perils 1–10) to property in theopen within the boundaries of theLicensed Premises up to a maximumamount of £500 in any Period ofInsurance

11 Loss of Metered Water

The unit cost of metered water at thecurrent rate per cubic metre consumedas a direct result of loss or damage upto an amount of £2,500 in respect ofany one claim

12 Landscaped Gardens

The cost of restoring any damage doneto landscaped gardens for which theInsured is responsible by the EmergencyServices in attending the LicensedPremises as a result of any of theInsured Perils 1–9 up to a maximum of£1,000 in any one Period of Insurance

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CLAUSES Restaurants, Wine Bars and Public Houses

Clauses - Applicable to Sections 1 and 2

The Company shall indemnify the Insured inrespect of the undernoted expensesnecessarily incurred in reinstating damage tothe Property Insured caused by any InsuredPeril under Sections 1 and 2

A European Community andPublic Authorities (IncludingUndamaged Property)

Subject to the following SpecialConditions the insurance by the Sectionextends to include such additional cost ofreinstatement as may be incurred solelyby reason of the necessity to comply withthe Stipulations of

a) European Community Legislation

or

b) Building or other Regulations under orframed in pursuance of any Act ofParliament or Bye-laws or any PublicAuthority (hereafter referred to as ‘theStipulations’) in respect of

i) the lost destroyed or damagedproperty thereby insured

ii) undamaged portions thereof

Excludinga) the cost incurred in complying with

the Stipulations:

i) in respect of damage occurring priorto the granting of this Clause

ii) in respect of damage not insuredby the Section

iii) under which notice has beenserved upon the Insured prior tothe happening of the damage

iv) for which there is an existingrequirement which has to beimplemented within a given period

v) in respect of property entirelyundamaged by an Insured Peril

b) the additional cost that would havebeen required to make good theproperty lost destroyed or damaged toa condition equal to its condition whennew had the necessity to comply withthe Stipulations not arisen

c) the amount of any charge orassessment arising out of capitalappreciation which may be payable inrespect of the property or by theowner thereof by reason ofcompliance with the Stipulations

Special Conditions1) The work of reinstatement must be

commenced and carried out withoutunreasonable delay and in any casemust be completed within twelvemonths after the destruction ordamage or within such further time asthe Company may allow (during thesaid twelve months) and may becarried out upon another site (if theStipulations so necessitate) subject tothe liability of the Company under thisClause not being thereby increased

2) If the liability of the Company underthe Section apart from this Clauseshall be reduced by the application ofany of the terms and conditions of thePolicy then the liability of theCompany under this Clause shall bereduced in like proportion

3) The total amount recoverable underany item of the Section in respect ofthis Clause shall not exceed

a) in respect of the lost destroyed ordamaged property

i) 15% of its Sum Insured

ii) where the Sum Insured by theitem applies to property at morethan one premises 15% of thetotal amount for which theCompany would have beenliable had the Property Insured

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19

Restaurants, Wine Bars and Public Houses CLAUSES

at the premises where thedamage has occurred beenwholly destroyed

b) in respect of undamaged portionsof property (other than foundations)15% of the total amount for whichthe Company would have beenliable had the Property Insured bythe item at the premises where thedamage has occurred been whollydestroyed

4) The total amount recoverable underany item of the Policy shall not exceedits Sum Insured

5) All the terms and conditions of thePolicy except insofar as they arevaried hereby shall apply as if theyhad been incorporated herein

B Reinstatement Clause

In the event of the Property Insuredunder Section 1 (Buildings) and Item 1 ofSection 2 (Contents) being destroyed ordamaged the basis upon which theamount payable hereunder is to becalculated shall be the reinstatement ofthe property lost destroyed or damaged

For this purpose ‘reinstatement’ means

a) the rebuilding or replacement ofproperty lost or destroyed whichprovided the liability of the Companyis not increased may be carried out

i) in any manner suitable to therequirements of the Insured

ii) upon another site

b) the repair or restoration of propertydamaged

in either case to a condition equivalent toor substantially the same as but notbetter or more extensive than itscondition when new

Special Conditions1) The liability of the Company for the

repair or restoration of propertydamaged in part only shall not exceedthe amount which would have beenpayable had such property beenwholly destroyed

2) If at the time of reinstatement the sumrepresenting 85% of the cost whichwould have been incurred inreinstating the whole of the propertycovered by any item subject to thisClause exceeds its Sum Insured atthe commencement of any destructionor damage the liability of theCompany shall not exceed thatproportion of the amount of thedestruction or damage which the saidSum Insured shall bear to the sumrepresenting the total cost ofreinstating the whole of such propertyat that time

3) No payment beyond the amount whichwould have been payable in theabsence of this Clause shall be made

a) unless reinstatement commencesand proceeds withoutunreasonable delay

b) until the cost of reinstatement shallhave been actually incurred

c) if the Property Insured at the timeof its loss destruction or damageshall be insured by any otherinsurance effected by or on behalfof the Insured which is not uponthe same basis of reinstatement

4) All the terms and conditions of thePolicy shall apply

a) in respect of any claim payableunder the provisions of this Clauseexcept insofar as they are variedhereby

b) where claims are payable as if this Clause had not beenincorporated

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CLAUSES Restaurants, Wine Bars and Public Houses

C Architects Surveyors Legal andConsulting Engineers Fees

Such fees as are necessarily incurred inthe reinstatement or repair of theProperty Insured consequent upon itsdestruction or damage but not forpreparing any claim it being understoodthat the amount payable under the itemshall not exceed in total its Sum Insured

D Removal of Debris

Costs and expenses necessarily incurredby the Insured with the consent of theCompany in –

a) removing debris

b) dismantling and/or demolishing

c) shoring up or propping of the portionor portions of the Property Insured asa result of destruction or damagehereby insured against

The Company shall not pay for any costsor expenses

i) incurred in removing debris exceptfrom the site of such propertydestroyed or damaged and the areaimmediately adjacent to the site

ii) arising from pollution or contaminationof property not insured by Sections 1and 2

The liability of the Company under thisExtension and Sections 1 and 2 inrespect of any item shall in no caseexceed the Sum Insured thereby

E Temporary Removal Clause

a) The Property Insured (other thanStock in Trade) is covered whilsttemporarily removed for cleaningrenovation repair or similar purposeselsewhere and in transit thereto andtherefrom all in Great Britain andNorthern Ireland

b) The liability of the Company under thisClause in respect of each item ofSections 1 and 2 for any destructionor damage occurring elsewhere thanat the Licensed Premises shall notexceed 10% of the Sum Insured bythe item

c) This Clause does not apply toproperty insofar as it is otherwiseinsured nor as regards lossesoccurring elsewhere than at theLicensed Premises from which theproperty is temporarily removed tomotor vehicles and motor chassislicensed for normal road use

d) All the terms and conditions of thePolicy except insofar as they arevaried hereby shall apply as if theyhad been incorporated herein

F Capital Additions

The insurance of the Policy shall subject tothe terms and conditions of the Policyextend to cover

a) any newly acquired and/or newlyerected buildings or buildings incourse of erection (excluding anyproperty for which a buildingcontractor is responsible) and TradeContents insofar as the same are nototherwise insured

and

b) alterations additions andimprovements to buildings and TradeContents but not in respect of anyappreciation in value

anywhere in the United Kingdom provided that

i) at any one situation this cover shallnot exceed 10% of the Sum Insured or£50,000 whichever is the greater

ii) the Insured undertakes to giveparticulars of such extension of coveras soon as practicable and to effectspecific insurance thereon retrospectiveto the date of the commencement of theCompany’s liability

iii) the provisions of this Clause shall befully maintained notwithstanding anyspecific insurance effected under ii) above

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Restaurants, Wine Bars and Public Houses CLAUSES

G Automatic Reinstatement ofSum Insured

In the event of a loss the Sum Insuredhereby shall not be reduced by theamount of such loss provided that theInsured shall

a) pay the appropriate extra premium onthe amount of loss from the datethereof to the date of expiry of thePeriod of Insurance

b) if the loss results from theft give effectto any additional protective deviceswhich the Company may require for thefurther security of the Property Insured

H Notice of Unoccupancy

The Company must be notified in writingimmediately any Licensed Premisesbecomes unoccupied and a suitable extrapremium paid if required

I Amount Excluded AggregationClause

Where a claim is to be dealt with underboth Sections 1 and 2 and under theterms of the Policy the Insured isresponsible for the first £500 of loss ordamage under each Section TheCompany agrees that the Insured willonly be responsible for the first £500 ofthe claim in aggregate under Sections 1and 2

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A IndemnityThe Company shall indemnify the Insuredor any member of his family permanentlyresiding in the Licensed Premises againstloss of or damage to their property specifiedin the Schedule by any accident ormisfortune occurring anywhere within GreatBritain Northern Ireland the Channel Islandsor the Isle of Man and for up to fourteenconsecutive days elsewhere in the world

Excludinga) the first £250 of each claim

b) theft or any attempt thereat from theLicensed Premises which do notprovide sleeping accommodation forpaying guests unless the theft involvesentry or exit from the LicensedPremises by forcible and violent means

c) any property otherwise insured

d) loss or damage arising from wear andtear or from any process of cleaningdyeing restoring adjusting or repairing

e) loss or damage arising from orattributable to the action of light oratmosphere moths parasites vermincorrosion dampness marringscratching bruising or deterioration

f) loss or damage (other than by fire) toany machine or apparatus arising frommechanical or electrical breakdown orderangement or arising fromadjustment maintenance or repair

g) erasure or distortion of information oncomputer systems or their records

h) loss by official confiscation or detention

i) loss or damage to any computer orother equipment or component orsystem or item which processes storestransmits or retrieves data or any partthereof whether tangible or intangible(including but without limitation anyinformation or programs or software)and whether the property of theInsured or not where such loss ordamage is caused by programming oroperator error Virus or SimilarMechanism or Hacking

j) loss of or damage to Moneydocuments securities motor vehicles

caravans boats cycles household goodssports equipment contact or corneal lenses

k) loss or damage by theft from anunattended motor vehicle unless suchvehicle has been securely locked at allpoints of access

B ReinstatementClaims will be settled on the basis of thecost of repair or current replacement valuewithout deduction for wear and tearprovided that all the necessary repairs orreplacements are carried out without delay

C Condition of AverageIf at the time of any loss or damage thevalue of the Property Insured under anyitem is greater than its Sum Insured theInsured shall be considered as being hisown insurer for the difference and shall beara rateable share of the loss accordingly

D Inflation Protection ClauseThe Company will adjust the Sum Insuredin line with suitable indices of costs andthe renewal premium for this Section willbe based on the adjusted Sum Insured

E Automatic Reinstatement ofSum InsuredIn the event of a loss the Sum Insuredhereby shall not be reduced by theamount of such loss provided that theInsured shall


b) if the loss results from theft give effectto any additional protective deviceswhich the Company may require forfurther security of the Property Insured

F Limit of LiabilitySubject to the provisions of E AutomaticReinstatement of Sum Insured themaximum amount payable during anyPeriod of Insurance under any item is theSum Insured shown in the Schedule for theAll Risks on Specified Items Sectionadjusted in accordance with the InflationProtection Clause

Section 3 - All Risks on Specified Items

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Restaurants, Wine Bars and Public Houses SECTION 4(a)

Section 4(a) - Business Interruption

A Indemnity

In the event of loss as a result ofinterruption of or interference with theBusiness following loss or destruction ordamage to the Licensed Premises

as a result of

a) an Insured Peril under Section 2

b) glass breakage

loss destruction or damage so causedbeing termed Damage for which paymentshall have been made or liability admittedby an Insurer under any insurancecovering the interest of the Insured in theproperty at the Licensed Premises againstsuch loss destruction or damage

provided that such Damage would not havebeen excluded by Section 1 (Buildings) orSection 2 (Contents) of this Policy

the Company shall indemnify the Insuredagainst loss of profit in accordance withthe following provisions

a) By paying for the Indemnity Period anamount representing the differencebetween the sales less relativepurchases during the Indemnity Periodas compared to the difference betweenthe sales less relative purchasesduring the equivalent periodimmediately before the Damage

b) By paying any reasonable additionalexpenses incurred in maintaining salesduring the Indemnity Period but notmore than the loss avoided under a)

less any amount saved during theIndemnity Period in respect of reducedexpenses due to the Damage

In adjusting the amount paid all variationsor special circumstances affecting theBusiness shall be taken into account inorder that the amount paid shallrepresent as nearly as practicable theresults which would have been expectedif the Damage had not occurred

If the Damage occurs in the first tradingyear the payment under a) shall bebased on the trading figures immediatelyprior to the loss

The Indemnity provided under thisSection shall be void if the Business bewound up or carried on by a liquidator orreceiver or permanently discontinuedwithout the consent of the Company

No claim shall be payable under thisSection unless the Insured

i) shall take all action which may bereasonably practicable to minimise orcheck any interruption of orinterference with the Business toavoid or diminish the loss

ii) not later than 30 days after the expiry ofthe Indemnity Period (or within suchfurther time as the Company may inwriting allow) at his own expense deliverto the Company in writing a statementsetting forth particulars of his claim

ExclusionThis Section does not insure

a) Damage arising from deliberateerasure loss distortion or corruption ofinformation on computer systems orother records programs or software

b) Damage directly or indirectly causedby or arising from any programming oroperator error Virus or SimilarMechanism or Hacking includingwhere this results from the actions ofmalicious persons other than thieves

Definition(Note For the purpose of any definition

any adjustment implemented incurrent cost accounting shall bedisregarded)

Indemnity PeriodThe period beginning with the happening ofthe Damage and ending not later than thenumber of months shown in the Scheduleduring which the results of the Business areaffected as a result of the Damage

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SECTION 4(a) Restaurants, Wine Bars and Public Houses

B Professional AccountantsCharges

The Company shall indemnify the Insuredin respect of reasonable charges payableby the Insured to his professionalaccountants for producing any particularsor details contained in the Insured’sbusiness books or such other proofsinformation or evidence as the Companymay require under the terms of GeneralCondition 5 and reporting that suchparticulars or details are in accordance withthe Insured’s business booksor documents

C Alternative Trading Clause

If during the Indemnity Period goods shallbe sold or services rendered elsewherethan at the Licensed Premises for thebenefit of the Business either by theInsured or by others on his behalf themoney paid or payable in respect of suchsales or services shall be brought intoaccount in arriving at the reduction ofsales during the Indemnity Period

D Value Added Tax

To the extent that the Insured isaccountable to the tax authorities forValue Added Tax all terms in this Sectionshall be exclusive of such tax

E Automatic Reinstatement ofSum Insured




F Extensions of Cover

1 Murder Suicide or Disease

The Company shall indemnify the Insuredin respect of Damage as defined in thisSection resulting from interruption of orinterference with the Business during theIndemnity Period following

a) any human infectious or humancontagious disease (excludingAcquired Immune DeficiencySyndrome (AIDS) or an AIDS relatedcondition) an outbreak of which thelocal authority has stipulated shall benotified to them manifested by anyperson whilst in the Licensed Premisesor within a 25 mile radius of it

b) murder or suicide in the Licensed Premises

c) injury or illness sustained by any personarising from or traceable to foreign orinjurious matter in food or drinkprovided in the Licensed Premises

d) vermin or pests in the LicensedPremises

e) the closing of the whole or part of theLicensed Premises by order of acompetent public authorityconsequent upon defect in the drainsor other sanitary arrangements at theLicensed Premises

The insurance by this Extension shallonly apply for the period beginning withthe occurrence of the loss and ending notlater than three months thereafter duringwhich the results of the Business shall beaffected in consequence of the Damage

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Restaurants, Wine Bars and Public Houses SECTION 4(a)

2 Denial of Access

This Section extends to include lossresulting from Damage as defined in thisSection to property in the vicinity of theLicensed Premises which shall prevent orhinder the use of the Licensed Premisesor access thereto whether the LicensedPremises or property of the Insuredtherein shall be damaged or not (butexcluding loss or destruction of or damageto property of any supply undertaking fromwhich the Insured obtain electricity gas orwater or telecommunications serviceswhich prevents or hinders the supply ofsuch services)

3 Suppliers

This Section extends to includeinterruption of or interference with theBusiness caused by Damage as definedin this Section giving rise to destructionor damage at the premises of theInsured’s Suppliers within Great BritainNorthern Ireland the Channel Islands orthe Isle of Man

Provided that the liability of the Companyunder this Extension shall not exceed10% of the Sum Insured by this Sectionor £50,000 whichever is the greater

4 Failure of Public Supply

This Section extends to includeinterruption of or interference with theBusiness caused by Damage as definedin this Section giving rise to destructionor damage to property at any

a) generating station or sub station of thepublic electricity supply undertaking

b) land based premises of the public gassupply undertaking or of any naturalgas producer linked directly therewith

c) water works and pumping stations ofthe public water supply undertaking

d) land based premises of the publictelecommunications undertaking

from which the Insured obtains electricitygas water or telecommunication services

within Great Britain Northern Ireland theChannel Islands or the Isle of Man

G Condition of Average

If the Sum Insured under this Section isless than the difference between salesand purchases in the twelve months (or aproportionately increased multiple thereofwhen the Indemnity Period exceedstwelve months) before the Damage thenthe amount payable shall beproportionately reduced

H Limit of Liability

Subject to the provisions of E AutomaticReinstatement of Sum Insured themaximum amount payable during anyPeriod of Insurance is the Sum Insuredshown in the Schedule for the BusinessInterruption Section plus ProfessionalAccountants Charges

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SECTION 4(b) Restaurants, Wine Bars and Public Houses

Section 4(b) - Loss of Accounts Receivable

A Indemnity

In the event of any of the Insured’s booksof account or other business books orrecords at the Licensed Premises orelsewhere within Great Britain NorthernIreland or the Isle of Man being sodestroyed or damaged by

a) an Insured Peril under Section 2

b) glass breakage

as to render it impossible for the Insuredto obtain from Customers all the sumsdue to them and outstanding at the dateof the destruction or damage

loss destruction or damage so causedbeing termed Damage for which paymentshall have been made or liability admittedby an Insurer under any insurancecovering the interest of the Insured in theproperty at the Licensed Premisesagainst such loss destruction or damage

provided that such Damage would not havebeen excluded by Section 1 (Buildings) orSection 2 (Contents) of this Policy

the Company shall indemnify the Insuredin respect of loss of Accounts Receivablein accordance with the following provisions

a) By paying the difference solely due tothe Damage between the amount ofthe Accounts Receivable at the date ofthe Damage and the total amountreceived in payment of them duringthe twelve months after the Damage

b) By paying any reasonable expenditureincurred in avoiding or diminishing theloss of Accounts Receivable but notmore than the loss avoided under a)

The Indemnity provided under thisSection shall be void if the Business bewound up or carried on by a liquidator orreceiver or permanently discontinuedwithout the consent of the Company

No claim shall be payable under thisSection unless the Insured shall

i) take all action which may bereasonably practicable to minimise orcheck any interruption or interferencewith the Business or to avoid ordiminish the loss

ii) at his own expense deliver to theCompany in writing a statementsetting forth particulars of his claim

ExclusionsThis Section does not insure Damagearising from

a) mislaying or misfiling of records and tapes

b) the deliberate act of the public supplyundertaking in restricting orwithholding electricity supply

c) deliberate erasure loss distortion orcorruption of information on computersystems or other records programs or software

d) Damage directly or indirectly causedby or arising from any programming oroperator error Virus or SimilarMechanism or Hacking includingwhere this results from the actions ofmalicious persons other than thieves

Definitions

(Note For the purpose of these definitionsany adjustment implemented incurrent cost accounting shall bedisregarded)

Accounts ReceivableThe total amount of the balances debitedto Customers in the Insured’s accountsafter equitable allowances have beenmade for bad debts and for amountsdebited (or invoiced but not debited) andcredited (including credit notes and cashnot passed through the books at the timeof the Damage) to Customers’ accounts

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27

Restaurants, Wine Bars and Public Houses SECTION 4(b)

in the period between thecommencement of the Period ofInsurance and the date of the Damage

CustomersAll customers of the Insured who obtaingoods from or use the services of theInsured on a credit basis


The Company shall indemnify theInsured in respect of reasonable chargespayable by the Insured to hisprofessional accountants for producingany particulars or details contained in theInsured’s business books or such otherproofs information or evidence as theCompany may require under the terms ofGeneral Condition 5 and reporting thatsuch particulars or details are inaccordance with the Insured’s businessbooks or documents

C Condition of Average

If the Sum Insured under this Section atthe time of Damage is less than thetotal amount of the Accounts Receivablethe amount payable shall beproportionately reduced

D Automatic Reinstatement ofSum Insured




E Limit of Liability

Subject to the provisions of D AutomaticReinstatement of Sum Insured themaximum amount payable during anyPeriod of Insurance is the Sum Insuredshown in the Schedule for the AccountsReceivable Section plus ProfessionalAccountants Charges

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Section 5 - Loss of Licence

A Indemnity

In the event of the licence for the sale ofexcisable liquors which has been grantedin respect of the Licensed Premises beingforfeited suspended or withdrawn theCompany will pay the Insured

1 The loss of profit in accordance withthe following provisions

a) By paying for the Indemnity Periodan amount representing thedifference between the sales lessrelative purchases during theIndemnity Period as compared tothe difference between sales lessrelative purchases during theequivalent period immediatelybefore the forfeiture suspension orwithdrawal of the licence

b) By paying any reasonableadditional expenses incurred inmaintaining sales during theIndemnity Period but not more thanthe loss avoided under a)

less any amount saved during theIndemnity Period in respect of reducedexpenses due to the event

In adjusting the amount paid allvariations or special circumstancesaffecting the Business shall be takeninto account in order that the amountpaid shall represent as nearly aspracticable the results which wouldhave been expected if forfeituresuspension or withdrawal of thelicence had not occurred

If the event occurs in the first tradingyear the payment under a) shall bebased on the trading figuresimmediately before the forfeituresuspension or withdrawal of the licence

2 The reduction in value of the LicensedPremises if the Insured is unable toobtain a licence for a period of twelve

months from the date of forfeituresuspension or withdrawal of thelicence and the Insured sells theLicensed Premises

3 All costs and expenses incurred by the Insured with the written consent of the Company

ExclusionsNo claim shall arise under this Section if –

a) the Insured is entitled to obtainpayment of compensation under anylegislation or Bye-law in respect ofrefusal to renew the licence

b) alterations to the Licensed Premisesrequiring the consent of the licensingor other authority shall be madewithout that consent

c) the Licensed Premises is closed forany period not required by law

d) the Licensed Premises is notmaintained in a good state of sanitarycondition or repair

e) any direction or requirement of thelicensing or other authority is notcomplied with

f) the forfeiture or refusal to renew thelicence occurs wholly or partly by orthrough the misconduct procurementconnivance neglect or omission of theInsured or by any omission by theInsured to take any step necessary tokeep the licence in force

g) prior or subsequent to the refusal torenew or forfeiture of the licence theLicensed Premises is required for anypublic purpose or if surrender orrefusal to renew or forfeiture arisesunder or results directly or indirectlyfrom any scheme of town or countryplanning improvement orredevelopment or surrender reductionor redistribution of licences inconnection with post-war

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29

reconstruction or from any alterationof the law affecting the grantsurrender refusal to renew or forfeitureof licences

Exclusions b) to f) inclusive shall notapply where the Insured or any otherclaimant under this Section proves to thereasonable satisfaction of the Companythat the matter was completely beyondtheir power or control

Definition

Indemnity PeriodThe period beginning with the loss of licence and ending not later thantwelve months thereafter during whichthe results of the Business shall beaffected in consequence of the loss oflicence provided that if the LicensedPremises is disposed of within the twelvemonths after the loss of licence theIndemnity Period shall terminate either

i) upon disposal or

ii) 12 months from the loss of licence

whichever is the earlier


The Company will indemnify the Insured inrespect of reasonable charges payable bythe Insured to his professional accountantsfor producing any particulars or detailscontained in the Insured’s business booksor such other proofs information orevidence as the Company may requireunder the terms of General Condition 5and reporting that such particulars ordetails are in accordance with the Insured’sbusiness books or documents

C Alternative Trading Clause

If during the Indemnity Period goods shallbe sold or services rendered elsewherethan at the Licensed Premises for thebenefit of the Business either by theInsured or by others on his behalf themoney paid or payable in respect of suchsales or services shall be brought intoaccount in arriving at the reduction insales during the Indemnity Period

D Value Added Tax

To the extent that the Insured isaccountable to the tax authorities forValue Added Tax all terms in this Sectionshall be exclusive of such tax

E Special Conditions

1 The Insured shall on becoming awareof any

a) complaint against the LicensedPremises or its control

b) proceedings against or convictionof the licence holder managertenant or occupier of the LicensedPremises for any breach of thelicensing law or any other matterwhatsoever where the character orreputation of the person concernedis affected or called into questionwith respect to his honesty moralstanding or sobriety

c) change in the tenancy ormanagement of the LicensedPremises

d) transfer or proposed transfer of the licence

e) alteration in the purpose for whichthe Licensed Premises is used

f) objection to renewal or othercircumstances which mayendanger the licence or its renewal

immediately give notice in writing tothe Company and supply suchadditional information and give suchassistance as the Company mayreasonably require

2 In the event of the death bankruptcyor incapacity of the Insured ordesertion of the Licensed Premises orconviction for any offence (where suchconviction affects the character orreputation of the convicted personwith respect to his honesty moralstanding or sobriety) of the tenantmanager occupier or licence holderthe Insured shall where practicableand at the request of the Companyprocure a suitable person to replace


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30

him and one to whom the justices willtransfer the licence or grant thelicence by way of renewal

3 In the event of the licence beingforfeited or refused renewal theInsured shall

a) give notice in writing to the Companywithin 48 hours of receivingknowledge of such event stating thegrounds upon which the licence wasforfeited or refused renewal

b) give all such assistance as theCompany may require for thepurpose of an appeal against suchforfeiture or refusal to renew andallow the Company and itssolicitors full discretion in theconduct of such proceedings

c) apply if practicable and if required bythe Company for the grant of suchnew licence for the same oralternative premises as may enablethe Insured to continue the Businessin a similar or alternative form

d) provide a statement of theInsured’s loss if any together withsuch documents statements andaccounts as may be reasonablyrequired by the Company to verifythe same and also if required bythe Company make a statutorydeclaration as to the truth accuracyand comprehensiveness thereofand give the Company free accessto the Licensed Premises and thebooks and accounts thereof asmay be necessary for ascertainingthe value of the property and thegoodwill of the Business

F Limit of Liability

The maximum amount payable duringany Period of Insurance is the SumInsured shown in the Schedule for theLoss of Licence Section plus ProfessionalAccountants Charges

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Section 6 - Business Liability

Sub Section 1Employers Liability Indemnity

The Company will indemnify the Insuredagainst all sums that the Insured shallbecome legally liable to pay as damagestogether with costs and expenses shownbelow in respect of Injury sustained withinthe Territorial Limits during the Period ofInsurance by any Employee arising out ofhis employment by the Insured in the courseof the Business

Limit of Indemnity

The liability of the Company under this SubSection for damages costs and expensespayable in respect of any one claim againstthe Insured or series of claims against theInsured arising out of one event shall notexceed the amount stated in the Schedule

Costs and expenses shall be deemed to mean

1 costs and expenses of claimants forwhich the Insured is legally liable

2 other costs and expenses incurred withthe Company’s written consent in respectof any claim which may be the subject ofindemnity under this Sub Section

3 solicitors fees incurred with theCompany’s written consent for

a) defence in any Court of SummaryJurisdiction of any proceedingsbrought against the Insured in respectof breach or alleged breach of anystatutory duty resulting in Injury

b) representation at a Coroners Court orFatal Accident Inquiry in respect ofany death

which may be the subject of indemnityunder this Sub Section

4 legal costs and expenses incurred by theInsured and at the request of the Insuredany director or Employee with the

Company’s written consent and costsawarded against the Insured or directoror Employee arising in connection with aprosecution (including an appeal againstany conviction resulting from aprosecution) as a result of an allegedoffence occurring during the Period ofInsurance under the Health and Safety atWork etc Act 1974 or similar safetylegislation of Great Britain NorthernIreland the Channel Islands or the Isle ofMan provided that

a) the proceedings relate to the healthsafety or welfare of Employees

b) the Company will not indemnify theInsured in respect of

i) fines or penalties

ii) costs and expenses insured by anyother policy

Right of Recovery

This insurance is deemed to be inaccordance with the provisions of any lawrelating to compulsory insurance of liability toEmployees in Great Britain Northern Irelandthe Channel Islands or the Isle of Man butthe Insured shall repay to the Company allsums paid by the Company which theCompany would not have been liable to paybut for the provisions of such law

Unsatisfied Court Judgements

This Sub Section shall extend to include the following

In the event of Injury to an Employeesustained during the Period of Insurance andarising out of his employment by the Insuredin the course of the Business which resultsin a judgement for damages being obtainedby such Employee or his personalrepresentatives and which remainsunsatisfied in whole or in part six monthsafter the date of such judgement theCompany will at the request of the Insured

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32


pay to the Employee or his personalrepresentatives the amount of any suchdamages and any awarded costs to theextent that they remain unsatisfied provided that

a) the judgement for damages is obtained

i) in a court of law within Great BritainNorthern Ireland the Channel Islandsor the Isle of Man

ii) against a company partnership orindividual other than the Insuredconducting a business at or frompremises within the territoriesdescribed in a) i) above

b) there is no appeal outstanding

c) this judgement relates to Injury whichwould otherwise be within the terms ofthe Policy

d) if any payment is made under the terms ofthis Extension the Employee or thepersonal representatives of the Employeeshall assign the judgement to the Company

Radioactive Contamination

So far as concerns the liability of anyprincipal or liability assumed by the Insuredunder agreement and which would not haveattached in the absence of such agreementthis Sub Section shall not apply to anyliability of whatsoever nature directly orindirectly caused by or contributed to by orarising from

a) ionising radiations or contamination byradioactivity from any nuclear fuel or fromany nuclear waste from the combustion ofnuclear fuel

b) the radioactive toxic explosive or otherhazardous properties of any explosivenuclear assembly or nuclear component thereof

Vehicles

This Sub Section does not provide indemnityin respect of any liability for whichcompulsory motor insurance or security isrequired under the Road Traffic Act 1988 asamended by the Motor Vehicles (CompulsoryInsurance) Regulations 1992 and the RoadTraffic (Northern Ireland) Order 1981 as

amended by the Motor Vehicles (CompulsoryInsurance) Regulations (Northern Ireland)1993 or any other compulsory Road TrafficAct legislation

Sub Section 2Public Liability Indemnity

The Company shall indemnify the Insuredagainst all sums that the Insured shallbecome legally liable to pay as damagesand costs and expenses of claimants inrespect of accidental

a) Injury to any person

b) loss of or damage to material property

c) obstruction trespass nuisance orinterference with any right of way air lightor water or other easement

d) wrongful arrest detention imprisonment oreviction of any person or invasion of theright of privacy

occurring within the Territorial Limits duringthe Period of Insurance

i) happening in the course of the Business

or

ii) caused by the nature or condition ofanything sold or supplied by the Insured(or its container) in the course of theBusiness

Limit of Indemnity

The liability of the Company for all damagespayable to any claimant or number ofclaimants as a result of any one occurrenceor all occurrences of a series consequentupon or attributable to one source or originalcause shall not exceed the Limit ofIndemnity stated in the Schedule but theLimit of Indemnity shall be the maximumamount payable in any one Period ofInsurance in respect of liability arising fromanything sold or supplied by the Insured

Costs

The Company will in addition

1 pay all other costs and expenses incurredwith its written consent in respect of anyclaim which may be the subject ofindemnity under this Sub Section

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33

2 pay solicitors fees incurred with its writtenconsent for

a) defence in any Court of SummaryJurisdiction of any proceedingsbrought against the Insured in respectof breach or alleged breach of anystatutory duty resulting in Injury

b) representation at a Coroners Court orFatal Accident Inquiry in respect ofany death

which may be the subject of indemnityunder this Sub Section

3 indemnify the Insured and at the requestof the Insured any director or Employeein respect of legal costs and expensesincurred with the Company’s writtenconsent and costs awarded against theInsured or director or Employee arising inconnection with a prosecution (includingan appeal against any convictionresulting from a prosecution) as a resultof an alleged offence occurring during thePeriod of Insurance under the Health andSafety at Work etc Act 1974 or similarsafety legislation of Great BritainNorthern Ireland the Channel Islands orthe Isle of Man provided that

a) the proceedings relate to the healthsafety or welfare of persons otherthan Employees




4 indemnify the Insured in respect of legalcosts and expenses incurred with theCompany’s written consent in the defenceof any criminal proceedings brought or inan appeal against conviction arising fromsuch proceedings in respect of a breachof Part II of the Consumer Protection Act1987 provided that

a) the proceedings relate to an offencealleged to have been committed in thecourse of the Business during thePeriod of Insurance




Exclusion and Limitation Clause –Pollution or Contamination –applicable to Sub Section 2

a) This Sub Section excludes all liability inrespect of Pollution or Contaminationother than caused by a suddenidentifiable unintended and unexpectedincident which takes place in its entiretyat a specific time and place during thePeriod of Insurance

All Pollution or Contamination whicharises out of one incident shall bedeemed to have occurred at the timesuch incident takes place

b) The liability of the Company for allcompensation payable in respect of allPollution or Contamination which isdeemed to have occurred during thePeriod of Insurance shall not exceed inthe aggregate the Limit of Indemnitystated in the Schedule

c) For the purpose of this Clause ‘Pollutionor Contamination’ shall be deemed to mean

i) all Pollution or Contamination ofbuildings or other structures or ofwater or land or the atmosphere

and

ii) all loss or damage or Injury directly orindirectly caused by such Pollution orContamination


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Exclusions to Sub Section 2

The Company shall not be liable for anyclaim in respect of

a) Injury to any Employee

b) loss of or damage to

i) property belonging to the Insured

ii) property which is leased let rentedhired or lent to or which is the subjectof a bailment to the Insured

iii) property belonging to the Insured or toa guest

c) any costs incurred in recalling ormodifying any product supplied

d) the costs of remedying any defect oralleged defect in land or premises sold ordisposed of by the Insured or for anyreduction in value thereof

e) the cost or value of any products suppliedor replacement repair removal rectificationor reinstatement thereof where legalliability arises from a defect in or theunsuitability of such products supplied

f) the ownership possession or use by or onbehalf of the Insured of any craft (air orwaterborne) or mechanically-propelledvehicles (including power assisted cycles)other than mechanically-propelled gardenimplements used within the grounds ofthe Licensed Premises

g) lack of care or skill in the giving ofprofessional or other advice or treatment fora fee in connection with the Business (otherthan first aid treatment)

h) any action for damages brought in a Courtof Law of any territory outside GreatBritain Northern Ireland the ChannelIslands or the Isle of Man in which theInsured has a branch or subsidiary or isrepresented by a party domiciled in suchterritory or by a party holding the Insured’sPower of Attorney

i) liability assumed by the Insured underagreement unless the conduct andcontrol of claims is vested in theCompany but indemnity shall not in anyevent apply to

i) liquidated damages fines or penalties

ii) legal liability which attaches by virtue of anexpress warranty indemnity or guaranteegiven or entered into by the Insured inconnection with any Products Suppliedand which would not have attached in theabsence of such warranty or guarantee

j) the first £100 of each and every claim fordamage to property

k) Injury or loss or damage to propertycaused by or in connection with anythingsold or supplied by the Insured which tothe knowledge of the Insured are directlyor indirectly exported to the United Statesof America or Canada

Cross Liabilities

If more than one Insured is referred to in thePolicy Schedule this Sub Section shall applyto each one as if a separate Policy had beenissued to each provided that the total amountof indemnity payable to all parties in respectof damages shall not exceed the Limit of Indemnity

Defective Premises Act

The Company will indemnify the Insured inrespect of Injury or loss or damage toproperty which the Insured may incur asowner by virtue of the Defective Premises Act1972 in connection with any premises whichhave been disposed of by the Insured andwhich prior to disposal were occupied by theInsured in connection with the Business

Provided that the Company shall not beliable for

a) any liability for which the Insured isentitled to indemnity under any otherpolicy of insurance

b) Injury or loss or damage happening prior to such disposal

c) the cost or repairing replacing orreinstating any defect giving rise to such claim or for the rectification of faulty workmanship

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Contingent Motor Liability

Notwithstanding Exclusion f) of this SubSection the Company shall indemnify theInsured against legal liability in respect ofInjury loss or damage arising out of the usein connection with the Business of any motorvehicle not owned or provided by the Insured

The indemnity will not apply to legal liability

a) in respect of loss or damage to suchvehicle or to goods conveyed therein or thereon

b) in respect of Injury loss or damagearising while such vehicle is being

i) driven by the Insured

ii) driven with the general consent of theInsured or of his representative by anyperson who to the knowledge of theInsured or his representative does nothold a licence to drive a vehicle unlesssuch person has held and is notdisqualified from holding such a licence

iii) used elsewhere than in Great BritainNorthern Ireland the Channel Islandsor the Isle of Man

c) in respect of which the Insured is entitledto indemnity under any other insurance

Tenants Liability

If the Licensed Premises is leased let rentedhired or lent to the Insured Exclusion b) ii) ofthis Sub Section shall not apply providedthat the indemnity will not apply to legalliability in respect of

a) loss or damage arising under agreementunless liability would have attached to theInsured in the absence of suchagreement

b) the first £100 of any claim causedotherwise than by fire or explosion

c) loss or damage caused by fire or anyother Insured Peril against which atenancy or other agreement stipulatesthat insurance shall be effected by or onbehalf of the Insured

In addition the Company will indemnify theInsured for legal liability in respect of allsums which the Insured may be legally liable

to pay as tenant for the cost of repairingaccidental damage to cables andunderground pipes and drains (and theirinspection covers) on the premises of theLicensed Premises or connecting them tothe public mains

Liability for Guests Property

Notwithstanding Exclusion b) iii) this SubSection subject otherwise to its termsextends to indemnify the Insured againstlegal liability (not being liability assumedunder contract) for

a) loss of or damage to guests property(other than motor vehicles and thecontents thereof) contained in theLicensed Premises

b) loss of or damage to guests’ motorvehicles and the contents thereof in the garage or car park of the Licensed Premises

Provided always that

i) this Extension shall not apply to guests’property which is expressly offered to theInsured or an authorised Employee forsafe custody unless it is accepted anddeposited in a locked safe approved bythe Company

ii) if the Licensed Premises is anestablishment to which the HotelProprietors Act applies the Insured havedisplayed a copy of the notice set out inthe Schedule of the Act in a conspicuousposition at or near the reception office ordesk or where there is no reception officeor desk at or near the main entrance tothe Licensed Premises

iii) the Insured’s garage shall be securelylocked overnight

iv) the liability of the Company in respect of orarising out of any one occurrence or of alloccurrences of a series consequent upon orattributable to one source or original causeshall not exceed

a) £10,000 for property deposited forsafe custody


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36


b) £25,000 in all for any one claim

The Company shall in addition pay all legalcosts and expenses recovered against theInsured by any claimant and/or incurred withthe written consent of the Company

Overseas Personal Liability

The Company will indemnify the Insured andif the Insured so requests any director orpartner of the Insured or any Employee orspouse of such person against legal liabilityincurred in a personal capacity whilsttemporarily outside Great Britain NorthernIreland the Channel Islands or the Isle of Man

The indemnity will not apply to legal liability

a) arising out of the ownership oroccupation of land or buildings

b) in respect of which any person referred toabove is entitled to indemnity under anyother insurance

Subject otherwise to the terms exclusionsand conditions of this Policy

USA and Canada

Insofar as this Section applies to legal liabilityarising in the United States of America orCanada or if an action for damages iscommenced therein or in any subsequentaction in connection therewith is broughtelsewhere in the world

a) the liability of the Company in respect ofall damages payable together with thecosts and expenses of claimants and anyother costs and expenses incurred withthe Company’s written consent shall notexceed the Limit of Indemnity

b) the indemnity will not apply in respect ofpunitive damages and/or exemplarydamages and/or aggravated damagesand/or any additional damages resultingfrom the multiplication of compensatorydamages or by way of fines or penalties

Cloakrooms

This Sub Section extends to indemnify theInsured against liability for loss of or damageto property (excluding gold and silver articles

jewellery watches and the like) belonging topatrons caused by theft or accidental meanswhilst such property is deposited in thecloakroom of the Licensed Premises occupiedby the Insured

provided always that

a) this extension shall not insure againstloss or damage caused by or due to fireand/or explosion

b) the liability of the Company under thisExtension shall not exceed the sum of£1,000 in respect of any one cloakroomor the sum of £100 in respect of anyone article

c) the cloakroom shall be locked-upwhenever it is left unattended whenpatrons property is deposited therein

d) the Insured shall issue numbered ticketsto each patron in respect of propertydeposited in the cloakrooms and shallprominently display in each cloakroomnotices reading as follows

‘This cloakroom is provided for theconvenience of patrons and noresponsibility can be accepted for thesafety of property left therein although allpossible precautions will be taken’

Discharge of Liability

The Company may pay the Limit ofIndemnity or any lesser amount for whichany claim or claims against the Insured canbe settled and the Company shall be underno further liability in respect of such claim orclaims except for costs or expenses incurredprior to the date of such payment

Extensions to Sub Sections 1 and 2

1 Additional Persons Insured

1) In the event of the death of any personentitled to indemnity under this Sectionthe Company will indemnify in the termsof this Policy the deceased’s legalpersonal representatives but only inrespect of liability incurred by suchdeceased person

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37

2) At the request of the Insured theCompany will indemnify in the terms ofthis Section

a) i) any principal in respect of liabilityarising out of the performance bythe Insured of any agreemententered into by the Insured with theprincipal to the extent required bysuch agreement

ii) any director of the Insuredor Employee in respect ofliability arising in connectionwith the Business

provided that the Insured would havebeen entitled to indemnity under theSection if the claim had been madeagainst the Insured

b) i) any officer committee or member ofthe Insured’s canteen sports socialor welfare organisations firesecurity first aid medical orambulance services in theirrespective capacities as such

ii) any director or senior official of theInsured in respect of private workundertaken by any Employee forsuch director or senior official

provided that

i) each person shall as though he were the Insured observe fulfiland be subject to the terms of thisPolicy insofar as they can apply

ii) the Company shall retain the soleconduct and control of all claims

iii) where the Company is required toindemnify more than one party thetotal amount of indemnity payableto all parties in respect of damagesshall not under Sub Section 2exceed the Limit of Indemnity

2 Compensation for CourtAttendance

In the event of any of the undermentionedpersons attending court as a witness at therequest of the Company in connection with aclaim in respect of which the Insured isentitled to indemnity under this Section theCompany shall provide compensation to theInsured at the following rates per day foreach day on which attendance is required

a) any director or partner of the Insured £100

b) any Employee £50


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Section 7 - Computer Breakdown

Property Insured

Item 1 Computer EquipmentComputer and auxiliary equipment used forelectronic processing communication andstorage of data including

a) fixed disks interconnecting wiring andtelecommunications systems

b) temperature and environmental controlequipment power supply voltageregulating and other protective equipmentused exclusively in connection with theComputer Equipment

Item 2 Computer RecordsAll current and back up computer records(excluding fixed disks and paper records ofany description) incorporating storedprograms and/or information stored thereonthe property of the Insured or leased hired orrented to the Insured on the premises oranywhere within Great Britain NorthernIreland the Channel Islands or the Isle of Man

A Insured Perils

The Company shall indemnify the Insuredagainst loss or damage to PropertyInsured caused by the undernoted perils

1) breakdown or failure of any part of the Computer Equipment orComputer Records whilst in ordinaryuse arising from either mechanical or electrical defect causing astoppage of normal functions

2) failure or fluctuation of the supply ofelectricity to the Computer Equipment

3) erasure destruction corruption ordistortion of software contained ordata stored on fixed disks orComputer Records

Excluding1) loss destruction or damage to the

Property Insured

a) occasioned by its own breakdownunless there is in force anApproved Maintenance Agreementproviding a minimum service of oncall remedial and/or correctivemaintenance at inclusive costs

b) for which any manufacturersupplier agent or maintenanceundertaking is responsible underthe terms of a guarantee ormaintenance agreement

c) for which the Insured is relieved ofresponsibility under any rental hireor lease agreement

d) caused by any of the Insured Perilsstated in Section 2 (Contents)whether insured or not

e) caused by or consisting of wearand tear deterioration due toatmospheric or climatic conditionsbut this Exclusion shall not apply tosubsequent loss destruction ordamage which itself results from acause not otherwise excluded

f) caused by a deliberate act of asupply undertaking in withholdingthe supply of electricity ortelecommunication services unlessfor the sole purpose ofsafeguarding life

g) caused by the inability of thesupply undertaking to maintain thesupply system due to industrialaction by its employees

h) caused by the use oftelecommunications equipmentwhich is not approved by thetelecommunications authority

i) caused by it undergoing anyprocess of production packagingtreatment testing commissioningservicing or repair

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39

j) caused by the use of unprovensoftware which has not beenfinalised or which has not passedall the testing procedures or whichhas not been successfully proven

k) caused by programming errors ordesign defects in software

2) The first £250 of each and every loss

3) a) in respect of Property Insured lossor damage to Computer Equipmentor other equipment or componentsystem or item which processesstores transmits or retrieves dataor any part thereof whethertangible or intangible (includingwithout limitation ComputerRecords any information orprograms or software) directly orindirectly caused by occasioned byor arising from programming oroperator error Virus or SimilarMechanism or Hacking

b) in respect of paragraph FExtensions of Cover any loss costor expense incurred inconsequence directly or indirectlyof programming or operatorerror Virus or Similar Mechanismor Hacking

B Inflation Protection Clause


C Limit of Liability

The maximum amount payable duringany Period of Insurance including anypayment made under the SpecialConditions is

Item 1 Computer Equipmentthe Sum Insured shown in the Scheduleadjusted in accordance with the InflationProtection Clause

Item 2 Computer Records£5,000

D Reinstatement Clause

In the event of loss damage ordestruction to Item 1 the basis uponwhich the amount payable hereunder isto be calculated shall be thereinstatement value of the property lostdestroyed or damaged


a) the rebuilding or replacement ofproperty lost or destroyed whichprovided the liability of the Companyis not increased may be carried out

i) in any manner suitable to therequirement of the Insured


b) the repair or restoration of property damaged

in either case to a condition equivalent toor substantially the same as but notbetter or more extensive than itscondition when new

Special Conditions1) The liability of the Company for the

repair or restoration of propertydamaged in part only shall not exceedthe amount which would have beenpayable had such property beenwholly destroyed

2) If at the time of reinstatement the sumrepresenting 85% of the cost whichwould have been incurred inreinstating the whole of the propertycovered by any item subject to thisClause exceeds its Sum Insured atthe commencement of any destructionor damage the liability of theCompany shall not exceed thatproportion of the amount of thedestruction or damage which the saidSum Insured shall bear to the sumrepresenting the total cost ofreinstating the whole of such propertyat that time


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40


3) No payment beyond the amount whichwould have been payable in theabsence of this Clause shall be made

a) unless reinstatement commencesand proceeds without unreasonabledelay




a) in respect of any claim payableunder the provision of this Clauseexcept insofar as they arevaried hereby

b) where claims are payable asif this Clause had not beenincorporated

E Subrogation Waiver

The Company agrees to waive any rightsof subrogation against any user of theComputer Equipment provided that

a) such user has the authority of the Insured to use the ComputerEquipment and

b) such user shall as if they were theInsured observe fulfil and be subjectto the terms Exclusions andConditions of this Section

F Extensions of Cover

In addition the Insured will be indemnifiedagainst

1 Additional ExpenditureThe additional expenditure necessarilyand reasonably incurred by the Insured to

a) prevent or minimise the interruption of or interference with the worknormally carried out by or on theComputer Equipment

b) recompile or restore data or softwareor replace third party proprietarysoftware in direct consequence of lossor damage to Property Insured causedby Insured Peril 1 (exclusion f shallnot apply)

Provided that the liability of the Companydoes not exceed £10,000 in any onePeriod of Insurance

2 Incompatibility of Computer RecordsThe costs of

a) modification of the Computer Equipment

or

b) replacement of Computer Recordstogether with reinstatement ofprograms and/or information thereonwhichever is the lesser amount toachieve compatibility in the event thatthe loss of Computer Equipment hasresulted in undamaged ComputerRecords being incompatible with thereplacement Computer Equipment

Provided that the liability of the Companydoes not exceed £5,000 in any one Periodof Insurance

3 Additional RentalThe additional rental arising out of thereplacement of a lease/hire agreement in respect of the Property Insured by anew contract for a similar propertyconsequent upon loss or damage insuredby this Section

Provided that the liability of the Companyshall not exceed £5,000 in any one Periodof Insurance

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In consideration of the payment of thePremium in respect of the Period ofInsurance the cover provided under theSections shown under the Terrorism Sectionof the Schedule of this Policy is extended toinclude loss destruction or damage to theProperty Insured as defined in Sections 1and 2 or Damage as defined in Sections 4(a) and 4 (b) where covered occasioned byor happening through or in consequence ofTerrorism as hereinafter defined for thepurposes of this Section

Terrorism is defined for the purposes of thisSection only as

1 An act of any person(s) acting on behalfof or in connection with any organisationwhich carries out activities directedtowards the overthrowing or influencingby force or violence of any governmentde jure or de facto as certified by HerMajesty’s Government or H M Treasuryor any successor relevant authority

or

2 An act of any person(s) acting alone andnot on behalf of or in connection with anyorganisation who carries out activitiesdirected towards the overthrowing orinfluencing by force or violence of anygovernment de jure or de facto and suchact not being certified by Her Majesty’sGovernment or HM Treasury or anysuccessor relevant authority and in theevent of any challenge to such non-certification the refusal to certify beingupheld by a Tribunal ruling confirmingsuch non-certification

Provided always that the insurance providedby this Section is

A in respect only of the insurance providedby paragraph 1 of this Section not subjectto the General Exceptions of the Policybut is subject to the following War andAllied Risks exclusion

Loss destruction or damage to theProperty Insured or Damage occasionedby riot civil commotion war invasion act offoreign enemy hostilities ( whether war isdeclared or not ) civil war rebellionrevolution insurrection or military orusurped power nationalisationconfiscation requisition seizure ordestruction by the government or anypublic authority

B in respect only of the insurance providedby paragraph 2 of this Section not subjectto General Exception 6

C subject to the following additionalexclusions

1) Electronic Risks Exclusion

This insurance does not cover any losseswhatsoever directly or indirectly causedby or contributed to by or arising from oroccasioned by or resulting from

loss destruction or damage to anycomputer or other equipment orcomponent or system or item whichprocesses stores transmits or retrievesdata or any part thereof whether tangibleor intangible (including but withoutlimitation any information or programs orsoftware) and whether the property of theInsured or not or Damage where suchloss destruction or damage or Damage iscaused by Virus or Similar Mechanism orHacking or Denial of Service Attack

Section 8 - Terrorism Insurance


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2) Excluded Property

This insurance does not cover any losseswhatsoever directly or indirectly caused byor contributed to by or arising from oroccasioned by or resulting from lossdestruction or damage to the PropertyInsured or Damage in respect of

i) any property located outside EnglandWales and Scotland

ii) any nuclear installation or nuclear reactor

iii) any property which is specificallyexcluded elsewhere in this Policy

iv) any property which is insured by or wouldbut for the existence of this Policy beinsured by any form of transit aviation ormarine policy

D. subject to the following additional Policyterms and conditions

1) In any action or other proceedingswhere the Company alleges that anyloss destruction or damage to theProperty Insured or Damage is notcovered by this Section the burden ofproving that such loss destruction ordamage to the Property Insured orDamage is covered shall be upon the Insured

2) Except where otherwise indicated inthis Section the insurance provided bythis Section is subject to all the termsdefinitions exclusions conditions andprovisions of this Policy Subject to anylimits stated within this Section theCompany’s liability in respect of alllosses arising out of any oneoccurrence and in the aggregate inany one Period of Insurance shall notexceed the limits as otherwisespecified under this Policy

E. in respect only of the insurance providedby paragraph 2 of this Section subject tothe following additional Policy term

the liability of the Company in respect ofloss destruction or damage to theProperty Insured or Damage directly orindirectly caused by contributed to byresulting from or arising out of or inconnection with biological chemical ornuclear pollution or contamination will besubject to a limit of up to £25,000,000any one loss and in the aggregate duringany one Period of Insurance

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Section 9 – Legal Expenses

The Cover

The Company agrees to indemnify theInsured against Legal and ProfessionalExpenses and Awards of Compensation asspecified in this Section and the Schedule

The Company will only indemnify the Insuredagainst claims made brought or commencedwithin the Territorial Limits in respect ofactivities within the scope and extent of theBusiness of the Insured The Company willnot be liable to indemnify the Insured inrespect of claims made in respect of orrelating to or arising out of the Exclusionsspecified in this Policy

This is a ‘claims made’ Section of the PolicyIt only covers claims notified to the Companyduring the Period of Insurance

Limits of Liability

The maximum liability of the Company underthis Section is limited to

1 £50,000 Any One Claim

2 £500,000 All claims or legal proceedingsmade and or notified during the Period of Insurance

Covers Applicable to this Section

1 Contract DisputesLegal Expenses incurred by reason of thedefence or pursuit of legal proceedings ina contractual dispute with a ContractingParty where the contract is for the sale orhire of goods or the supply of a servicewithin the Sale of Goods Act 1979 theSupply of Goods and Services Act 1982

a) Legal Expenses incurred in the pursuitof a dispute shall be limited to 75% ofthe amount in dispute

b) the amount in dispute exceeds £250and is less than £5,000

c) where the dispute relates to moniesowed to the Insured and liability for thedebt is not contested the Insuredrefers the debt to the Debt CollectionService within thirty days of the Due

Date and agrees use of the serviceshall be paid for by the Insured If theDebt Collection Service exhausts itsnormal recovery procedure andrecommends to the Company legalproceedings are necessary theInsured shall immediately submit aclaim under this Section

Exclusions applicable to 1 Contract Disputesa) the first £250 of Legal Expenses

incurred in Any One Claim

b) breach or alleged breach of the duty ofa professional

c) bills of exchange credit and securitiesor guarantee or contracts governed byor disputes relating to the ConsumerCredit Act 1974

d) assignment agency franchise orbailment other than hire

e) employment disputes or any dispute inrespect of a contract of service

f) landlord and tenant disputes

g) any dispute to be determined at Arbitration

h) construction contracts as defined bythe Housing Grants Construction andRegeneration Act 1996

i) insurance contracts

j) disputes arising out of motor vehicles

2 Employment Disputesa) Legal Expenses incurred by the

Insured in defending legal proceedingsfollowing a dispute with an Employeeex Employee or prospective Employeeconcerning their contract ofemployment with the Insured or abreach of employment relatedlegislation and

b) Awards of Compensation in respect ofsuch legal proceedings

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44

provided in respect of a) – g) below theInsured has sought and followed with duediligence the advice of the Legal AdviceLine as to the procedure to be adoptedand has received specific authorisationfrom the Legal Advice Line

a) prior to carrying out any disciplinaryprocedure or action

b) prior to the dismissal of an Employee

c) prior to implementing a redundancyprogramme and prior to making anEmployee redundant

d) upon notification formally or informallyof a grievance from an Employee

e) upon notification formally or informallyof a complaint of sexual racial orreligious discrimination ordiscrimination relating to disability orsexual orientation

f) prior to any adverse variation of theterms of conditions of employment(including altering the hours or time orplace worked or demotion or deductionfrom or reduction in an Employee’s remuneration)

g) on becoming aware of any event orcircumstance that may be deemed tobe constructive dismissal includingabsence from work following anEmployee walking out with or without notice

Exclusion applicable to 2 Employment Disputesa) Legal Expenses and Awards of

Compensation under any contractualor legislative provision insofar as anyclaim arises from or is connected withany business transfer falling within thescope of the Transfer of Undertakings(Protection of Employment)Regulations 1981 or the AcquiredRights Directive

3 Criminal Prosecution DefenceLegal Expenses incurred in defending aprosecution in a court of criminaljurisdiction including an appeal by theInsured against the service of anImprovement or Prohibition Notice underthe Health & Safety at Work Act 1974 orthe Food Safety Act 1990

Exclusions applicable to 3 CriminalProsecution Defencea) the ownership possession hire or use

of a motor vehicle

b) any prosecution relating to or arisingfrom investigations by the InlandRevenue HM Customs and Excise orthe Department of Social Security

c) any prosecution alleging violence or dishonesty

4 Property DisputesLegal Expenses incurred in the pursuit or defence of legal proceedings in respect of

a) a dispute over the possession offreehold or leasehold Property

b) a dispute in respect of actual oralleged negligence nuisance ordamage to Property including fixturesand fittings

provided the Insured will suffer financialloss if the Insured fails to pursue ordefend the claim or legal proceedings

Exclusions applicable to 4 Property Disputesa) mining or other subsidence or heave

however caused

b) a contract other than agreement for use

c) any dispute relating to rent or servicecharges tax planning or buildingregulations/decisions compulsorypurchase orders or renewal of acontract for use


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45

5 Data ProtectionLegal Expenses incurred in defending legalproceedings arising out of the DataProtection Act 1998 including an appeal bythe Insured against a refusal of anapplication for registration or alteration ofregistered particulars or an appeal againstan Enforcement Deregistration or TransferProhibition Notice The Company furtheragrees to indemnify the Insured againstcompensation awards which the Insured isordered to pay consequent upon the holdingloss or unauthorised disclosure of data asdefined in Section 13 of the Data ProtectionAct 1998 Provided that any compensationaward follows the unsuccessful defence of anaction arising out of the Data Protection Act1998 to which the Company has consented

6 Tax ProtectionProfessional Expenses incurred by theInsured in any Inland Revenue Investigationor VAT Dispute against the Insured in respect of

Sub-Section 6A – Inland Revenue Investigationsa) representation of the Insured in an Inland

Revenue detailed investigation (‘FullEnquiry’) into an Insured’s SelfAssessment Return only insofar as the enquiry relates to the Insured’sbusiness affairs

b) representation of the Insured at an InlandRevenue Employer Compliance disputeinto the business’s PAYE returns

c) appeals by the Insured at an InlandRevenue Commissioner’s Hearing(‘Hearing’) following a claim in respect ofa) and b) above and at an appeal againsta decision following such Hearing

provided that

i) in the case of a Full Enquiry the InlandRevenue has issued a Notice which (1) isissued under either S9A TaxesManagement Act 1970 (‘TMA 1970’) orS12AC TMA 1970 or S24 (1) Schedule 18

Finance Act 1998 and (2) has requestedthe examination of all the Insured’sbusiness books and records

ii) in the case of an Employer Compliancedispute there is a reasonable prospect ofreducing the liabilities alleged by theInland Revenue and the dispute followsan audit visit by the Inland Revenue

iii) the Company has consented torepresentation at a Hearing and anysubsequent appeal

Sub-Section 6B – VAT Disputesa) representation of the Insured in

respect of the local review procedure inorder to reach agreement with HMCustoms and Excise

b) representation of the Insured at a VATand Duties Tribunal

c) representation of the Insured at an appealagainst a VAT and Duties Tribunal decision

provided that

i) a written decision assessment orstatement of alleged arrears has beenmade by HM Customs and Excise into Value Added Tax and/or Value Added Tax default surcharges andmisdeclaration penalties

ii) the dispute follows a control visit by HM Customs and Excise and there is areasonable prospect of reducing theliabilities alleged by HM Customs and Excise

iii) the Company has consented torepresentation at a VAT and DutiesTribunal and any subsequent appeal

Exclusions applicable to 6 Tax Protectiona) technical or routine treatment of matters

not connected with nor arising out of anexpression of dissatisfaction with theInsured’s affairs

b) the defence of a criminal prosecution


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46

c) taxation proceedings which arise out ofnegligent misstatements or omissionsmade by or on behalf of the Insured inrespect of returns or accounts or wherethere has been a lack of reasonable care in the keeping of business booksand records

d) any claim or proceedings which resultsolely from investigation of earlieraccounts or records

e) any claim made where the CorporationTax Self Assessment Return is submittedoutside the statutory time limits and/or ina penalty position under Part II Schedule18 Finance Act 1998

f) any claim made where the Income TaxSelf Assessment Return is submittedoutside the statutory time limits and/or ina penalty position under S7TMA1970and/or S93TMA1970

g) the preparation and/or correction of SelfAssessment Returns accounts IncomeTax Returns P11Ds P35s VAT returns orany other statutory returns

h) any investigation undertaken by any ofthe Special Compliance Offices andSpecial Investigations Section of theInland Revenue or any enquiry underSection 60 of the VAT Act 1994 or mattershandled by the National InvestigationsService of HM Customs and ExciseInvestigation Office

i) an enquiry into the validity of a claim forWorking Families Tax Credit or a disputeconcerning the payment of the WorkingFamilies Tax Credit by an employer

j) any dispute in connection with thepayment of the National Minimum Wage

k) a dispute or enquiry in respect of the non-compliance with the IR35 legislation

7 Statutory LicenceLegal Expenses incurred in the defenceof the suspension revocation imposedalteration of or refusal to renew a licenceor certificate of registration issued understatute or statutory instrument or bygovernment or local authority to theInsured

provided that

a) such licence or certificate ofregistration is necessary to engage inthe Business activity of the Insuredand has been declared to theCompany in the Proposal or RenewalDeclaration

b) the Insured has sought the advice ofthe Legal Advice Line as to theprocedure to be adopted immediatelyupon receipt of any verbal or writtenwarning from a person in authoritywhich in any way either directly orindirectly affects or may affect theInsured’s licence or certificate ofregistration and has acted on all suchadvice with due diligence

Exclusions applicable to 7 Statutory Licencea) the first £250 of Legal Expenses

incurred in Any One Claim

b) disciplinary or internal hearingsconducted by authorities charged withthe regulation of the Insured in theperformance of Professional Duty norfor any appeal

c) any claim or legal proceedings arisingout of an alteration or refusal to renewa licence or certificate of registrationwhich is imposed by Act of Parliament

d) any costs incurred in complying with anotice or order whether incidental or not

e) any claim or legal proceedings arisingout of the use or ownership of a motor vehicle


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47

General Exclusions Applicable to Section 91 The defence of the Insured in civil legal

proceedings arising from

a) injury or disease

b) loss destruction or damage of or to property

c) alleged breach of any Professional Duty

d) any tortious liability (other than asspecified in Cover 4 Property Disputes)

2 Any claim or legal proceedings madebrought or commenced outside theTerritorial Limits

3 Legal Expenses or ProfessionalExpenses incurred without the Company’sprior written consent

4 Fines or other penalties imposed by acourt or tribunal

5 Any dispute with Government or LocalAuthority departments concerning theimposition of statutory charges

6 Disputes between Insureds as specifiedin the Schedule or any endorsementthereto or with any parent or subsidiarycompany or partner

7 Any claim arising out of the deliberateconscious intentional or negligentdisregard by the Insured of the need totake all reasonable steps to avoid andprevent claims or legal proceedings

8 Any claim arising out of intellectualproperty or breach of confidentiality orpassing off actions whether related tointellectual property or not

9 Any Legal Expenses incurred inconnection with a judicial review

10 Any claim relating to or arising from anycause event or circumstance occurringprior to or existing at inception of thisPolicy and which the Insured knew orought reasonably to have known maygive rise to a claim dispute or legalproceeding by or against the Insured

11 Legal Expenses or ProfessionalExpenses incurred by the AppointedRepresentative for the routinepresentation of the Insured’s affairs or formatters which go beyond the immediatescope of the claim or legal proceedings

12 Appeals arising out of legal proceedingsto which the Company has not granted consent

13 Any claim or legal proceedings in respectof which the Insured is or but for theexistence of this Certificate would beentitled to indemnity under any otherinsurance policy or legal aid certificate orrepresentation order

14 Any claim consequential loss legal liabilityor any loss or damage to property directlyor indirectly caused by or contributed toby seepage pollution or contamination ofany kind

15 Any dispute between the Insured theCompany or the Appointed Representative


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48

Special Conditions for ClaimsSettlement Applicable to Section 9

1 Claims ProcedureThe Company is to be notified in writingimmediately the Insured becomes awareof any cause event circumstance disputeor investigation which has given rise ormay give rise to a claim or legalproceedings involving the Insured

For queries in this regard please contact0870 600 1489

2 The Company’s ConsentIt is a condition precedent to theCompany’s liability for Legal ExpensesProfessional Expenses or Awards ofCompensation that the Company’sconsent to incur Legal Expenses orProfessional Expenses must firstly beobtained in writing The Company willgrant consent if the Insured can satisfythe Company

a) it is reasonable to incur LegalExpenses or Professional Expenses

and

b) i) the Insured has reasonable prospects of recovery of damagesor other remedy

or

ii) the Insured has reasonableprospects of a successful defence

or

iii) where the Insured enters a guiltyplea in respect of a criminalprosecution (Part 3) there arereasonable prospects of significantmitigation of the Insured’s fines or penalties

If during the course of the claim theInsured ceases to satisfy the Company inrespect of a) and b) above indemnity willbe withdrawn in respect of LegalExpenses and Awards of Compensationand Professional Expenses

The Company at its discretion may requirethe Insured to obtain an opinion fromCounsel at the Insured’s expense as tothe merits of a claim or legal proceedings

If the Insured elects to proceed with thepursuit or defence of a claim or legalproceedings to which the Company’sconsent has been refused through lack ofreasonable prospects and if the Insured issuccessful in such pursuit or defence theCompany will indemnify Legal Expensesor Professional Expenses incurred afterthe Company has refused consent as ifconsent had been granted

3 Conduct of Claima) Choice of Appointed Representative

Where recourse is necessary to alawyer and proceedings are issued theInsured is free to choose an AppointedRepresentative with the Insuredpaying the first £1000 of LegalExpenses incurred in respect of AnyOne Claim

In all other cases the Company willchoose an Appointed Representativeto act on behalf of the Insured in any claim

The name and address of theAppointed Representative the Insuredproposes to instruct must be notified inwriting to the Company The Companymay accept such nomination providedthe Company is satisfied thenominated Appointed Representativewill co-operate and enable the Insuredto comply with the terms of this Policyand provided the Company and thenominated Appointed Representativereach agreement as to the AppointedRepresentative’s fees

In all cases the AppointedRepresentative shall be appointed in thename of and on behalf of the Insured


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49

b) Disclosure to the Appointed RepresentativeThe Insured must give to theAppointed Representative allnecessary help and informationincluding a complete and truthfulaccount of the facts of the case and allrelevant documentary or otherevidence in the Insured’s possessionThe Insured must provide obtain orexecute all documents as necessaryand attend meetings or conferencesas requested Cover may be withdrawnif the Insured fails to co-operate at allor within a reasonable time with theAppointed Representative’s requests

c) The Company’s Access toInformationThe Company is entitled to receivefrom the Appointed Representativeany information document or advice inconnection with any claim or legalproceedings even if privileged Onrequest the Insured will give to theAppointed Representative anyinstructions necessary to secure therequired access

d) Recovery of Costs and Payment ofLegal Expenses and ProfessionalExpenses All bills the Insured receives from theAppointed Representative must beforwarded to the Company withoutdelay If the Company so requires theInsured must ask the AppointedRepresentative to submit the bill ofcosts for assessment or certification bythe appropriate Law Society or court

The Insured is responsible forpayment of all Legal ExpensesProfessional Expenses or Awards ofCompensation The Company willreimburse the Insured or may settlethese direct if requested by theInsured to do so

The Insured must not enter into anyagreement with the AppointedRepresentative as to the basis of

calculation of Legal Expenses withoutthe Company’s written consent

Whenever the Insured is awardedcosts or under the terms of anysettlement where costs are includedthose costs are to be repaid to theCompany whether actually recoveredor not

The Insured and their AppointedRepresentative must make every effortto make a full recovery of costs Wherea settlement purports to be a global ora without costs settlement the Insuredagrees that a fair and reasonableproportion of that settlement will bedeemed costs and due to the Company

e) Value Added TaxIf the Insured is registered for VAT theCompany will not pay the VAT elementof any Legal Expenses or ProfessionalExpenses bills

f) Instruction of Counsel and ExpertsIf in the course of any claim or legalproceedings the AppointedRepresentative wishes to instruct Counsel or an expert their name andan explanation of the necessity forsuch instruction must be submitted tothe Company for consent to theproposed instruction which will not be unreasonably withheld

g) Offer of SettlementIt is a condition precedent to theCompany’s liability hereunder that theInsured must inform the Company inwriting as soon as an offer to settle aclaim or legal proceedings is receivedand before the Insured proposes tomake an offer In any settlement theInsured must have regard to LegalExpenses or Professional Expensesincurred or likely to be incurred and therecovery thereof Under nocircumstances must the Insured enterinto any agreement to settle withoutthe Company’s prior written consentwhich will not be unreasonably


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50

withheld If the Insured unreasonablyrejects an offer of settlement that theCompany recommends acceptance ofno further indemnity shall be providedby the Company

4 Appeal Procedure

If following legal proceedings to which theCompany has consented the Insuredwishes to appeal against the judgment ordecision of a court or tribunal the groundsfor such appeal must be submitted to theCompany through the AppointedRepresentative immediately or as soon aspracticable so the Company may considerwhether to consent to such further actionIf an appeal is lodged against a judgmentor decision of a court or tribunal made infavour of the Insured following legalproceedings to which the Company hasconsented the Insured must notify theCompany immediately in order that covershall continue The Company will informthe Appointed Representative of itsdecision If the Company so requires it theInsured must co-operate in an appeal against the judgment or decision of a court or tribunal

5 Insolvency or Liquidation of the InsuredIf the Insured becomes insolvent or isplaced in liquidation during the course ofany claim or legal proceedings to whichthe Company has consented theCompany shall reserve the right towithdraw that consent The Insured shallbe deemed insolvent or in liquidationupon the appointment of an office holderwithin the meaning given by theInsolvency Act 1986 or upon theappointment of a receiver within themeaning laid down in the Companies Act 1985


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51

(Clauses 1 2 3 4 and 6 applicable only if the Clause numbers areentered in the Schedule Clause 5 applicable only if referred to inthe Schedule)

Special Clauses

1 Building Sum InsuredProtection – Day One Average

A Subject to the following SpecialConditions the basis upon which theamount payable in respect of theProperty Insured by Section 1(Building) is to be calculated shall bethe reinstatement of the property lostdestroyed or damaged


a) the rebuilding or replacement ofproperty lost or destroyed whichprovided the liability of theCompany is not increased may becarried out

i) in any manner suitable to therequirements of the Insured


b) the repair or restoration of property damaged

in either case to a condition equivalentto or substantially the same as but notbetter or more extensive than itscondition when new

B The Insured having stated in writingthe Declared Value (shown as theDeclaration Value in the Schedule) ofthe Property Insured the premium hasbeen calculated accordingly

‘Declared Value’ means the Insured’sassessment of the cost ofreinstatement of the Property Insuredarrived at in accordance withparagraph A a) at the level of costsapplying at the inception of the Periodof Insurance (ignoring inflationary

factors which may operatesubsequently) together with insofar asthe insurance by the item providesdue allowance for

a) the additional cost of reinstatementto comply with Public Authorityrequirements

b) professional fees

c) debris removal costs

Special Conditions1) At the inception of each Period of

Insurance the Insured shall notify theCompany of the Declared Value of theProperty Insured In the absence ofsuch declaration the last amountdeclared by the Insured shall be takenas the Declared Value for the ensuingPeriod of Insurance

2) If at the time of loss or damage theDeclared Value of the Property Insuredbe less than the cost of reinstatement(as defined in paragraph B above) atthe inception of the Period ofInsurance then the Company’s liabilityfor any loss or damage shall notexceed that proportion thereof whichthe Declared Value bears to such costof reinstatement

3) The liability of the Company for therepair or restoration of propertydamaged in part only shall not exceedthe amount which would have beenpayable had such property beenwholly destroyed

Restaurants, Wine Bars and Public Houses SPECIAL CLAUSES

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52

SPECIAL CLAUSES Restaurants, Wine Bars and Public Houses

4) No payment beyond the amount whichwould have been payable in theabsence of this Special Clause shall be made

a) unless reinstatement commencesand proceeds withoutunreasonable delay




a) in respect of any claim payableunder the provisions of this SpecialClause except insofar as they arevaried hereby

b) where claims are payable as if thisSpecial Clause had not beenincorporated except that theSum(s) Insured shall be limited to115% of the Declared Value(s)

2 Subsidence Extension

The following Insured Peril (10 in respectof Section 1 and 11 in respect of Section2) is added to Paragraph A of Sections 1and 2

Subsidence or Ground Heave of any partof the site on which the LicensedPremises stands or Landslip excluding

a) the first £1,000 of each and every lossas ascertained after the application ofany Condition of Average

b) destruction or damage to yards carparks roads pavements walls gatesand fences unless also affecting abuilding insured hereby

c) destruction or damage caused by orconsisting of

i) the normal settlement or beddingdown of new structures

ii) the settlement or movement ofmade-up ground

iii) coastal or river erosion

iv) defective design or workmanship orthe use of defective materials

v) fire subterranean fire explosionearthquake or the escape of waterfrom any tank apparatus or pipe

d) destruction or damage whichoriginated prior to the inception of this cover

e) destruction or damage resulting from

i) demolition construction structuralalteration or repair of any property

or

ii) groundworks or excavation

at the Licensed Premises

Special ConditionInsofar as this insurance relates todestruction or damage caused bySubsidence Ground Heave or Landslip

a) the Insured shall notify the Companyimmediately they become aware ofany demolition groundworksexcavation or construction beingcarried out on any adjoining site

b) the Company shall then have the rightto vary the terms or cancel the cover

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53

3 Alarm Clause

It is a condition precedent to liability for lossdestruction or damage following entry orattempted entry to or exit from the Premisesby forcible and violent means that

a) the Premises are protected by an IntruderAlarm System designed installed andmaintained to British Standard BS4737 or EN50131 including where stipulated bythe Company or the local Police AuthorityCode of Practice DD243

b) the intruder alarm installation andmaintenance company must be both

i) a member of an Alarm Inspectoratewhich is accredited by UKAS to EN45011 or EN 45012

and

ii) accredited and operate a QualityManagement System in accordancewith EN ISO 9000

c) The Intruder Alarm System shall bemaintained in full and efficient workingorder under a contract to provide bothcorrective and preventative maintenanceas per the requirements of BS4737 or EN 50131 with the installing company or such other company as agreed withthe Company

Where remote alarm signalling is requiredthe signal transmission must be transmittedto an Alarm Receiving Centre fully compliantwith BS5979:2000 and operated by acompany accredited and operating to aQuality Management System in accordancewith EN ISO 9000

d) No alteration to or substitution of

i) any part of the Intruder Alarm System

ii) the maintenance contract

iii) the structure of the Premises orchanges to the layout of the Premiseswhich would affect the effectiveness of the Intruder Alarm System

iv) the procedures agreed with theCompany for Police or any otherresponse to any activation of theIntruder Alarm System

be made without the written agreement of the Company

e) The Alarmed Premises shall not be leftunattended without the agreement of theCompany

i) unless the Intruder Alarm System isset in its entirety with the means ofcommunication used to transmitsignals ( including both alarmtransmission systems for dualsignalling systems ) in full operation

ii) if the Police have withdrawn theirresponse to alarm activations

f) The Insured shall maintain secrecy ofcodes for the operation of the IntruderAlarm System and detail of such codesand all keys to the Intruder Alarm Systemshall be removed from the Premiseswhen the Premises are left unattended

g) The Insured shall appoint at least twoKey Holders and lodge written details(which must be kept up to date) with thealarm company and either the Police orthe Alarm Receiving Centre

h) In the event of notification of anyactivation of the Intruder Alarm System orinterruption of means of communicationincluding one or both alarm transmissionsystems in respect of dual signallingsystems during any period the IntruderAlarm System is set a Key Holder shallattend the Premises as soon asreasonably possible

i) In the event of the Insured receiving anynotification

i) the Police attendance in response toalarm signals/calls from the IntruderAlarm System may be withdrawn orthe level of response reduced ordelayed

ii) from a Local Authority or Magistrateimposing any requirement forabatement of nuisance

iii) that the Intruder Alarm System cannotbe returned to or maintained in fullworking order

the Insured shall advise the Company assoon as possible and comply with anysubsequent requirements stipulated by the Company

Restaurants, Wine Bars and Public Houses SPECIAL CLAUSES

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SPECIAL CLAUSES Restaurants, Wine Bars and Public Houses

Definitions

Intruder Alarm SystemThe component parts including the means ofcommunication used to transmit signals tothe alarm-receiving centre

Alarmed PremisesThe Premises or those portions of thePremises protected by the IntruderAlarm System

Key HolderThe Insured or any person or key holdingcompany authorised by the Insured who is available at all times to accept notificationof faults or alarm signals to the IntruderAlarm System attend and allow access to the Premises

PremisesThe buildings occupied by or under thecontrol of the Insured (unless otherwisestated in the Schedule)

4 Temporary Cover

The first premium has been calculated totake into account the cost of temporarycover (in accordance with particularslodged with the Company) pending issueof this Policy

5 Long Term Agreement

The discount shown in the Schedule isallowed off the net premiums on thisPolicy in consideration of the Insuredhaving given an undertaking expiring onthe date stated in the Schedule to offerannually the insurance under this Policyon the terms and conditions in force atthe expiry of each Period of Insuranceand to pay the premium annually inadvance it being understood that

a) the Company shall be under noobligation to accept an offer made in accordance with the above-mentioned undertaking

b) where appropriate the Sum Insuredmay be reduced at any time tocorrespond with any reduction in valueor in the Business

The above-mentioned undertaking appliesto any Policy (or Policies) which may beissued by the Company in substitution for

this Policy and the same discount shall beallowed off the net premiums on anysubstituted Policy (or Policies) issued bythe Company as aforesaid

Payment of the premium due at theexpiry date shown in the Schedule shallbe deemed acceptance by the Insured ofthe terms of this clause

6 Theft by Employees

The following extension of cover is addedto paragraph E of Section 2

Any direct loss caused by an act of fraudor dishonesty committed by anyEmployee in the course of the Businessand occurring during the Period ofInsurance excluding

a) the first £250 of each and every claim

b) acts committed prior to thecommencement of this Special Clause

c) losses occurring during the currencyof this Special Clause and notdiscovered within fourteen days of theexpiry of the Period of Insurance

d) any monies which would have beenpayable by the Insured to an Employeebut for the Employees dishonesty

Provided that

i) the liability of the Company under thisSpecial Clause shall not exceed£5,000 in any one Period of Insurance

ii) the conditions of employment and theprecautions and checks taken by theInsured to prevent dishonesty on thepart of the Employees shall remainwhile this Policy is in force in allrespects as have been agreed in thevarious statements constituting thebasis of this contract and anyomission or neglect of suchprecautions or checks on the part ofthe Insured or any variation in theoccupation and duties of theEmployees or any alteration in themode of remuneration of theEmployees except by increase insalary shall relieve the Company of allliability whatsoever hereunder

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55

General Exceptions of the Policy

This Policy does not cover

1 Pressure Waves

Loss destruction or damage directlyoccasioned by pressure waves caused byaircraft or other aerial devices travellingat sonic or supersonic speeds

2 War and Nuclear Risks

Except in respect of claims arising fromaccidents to Employees admissible underSection 6 Sub Section 1

a) loss or destruction of or damage toany property whatsoever or any lossor expense whatsoever resulting orarising therefrom or any consequentialloss or legal liability of whatsoevernature directly or indirectly caused byor arising from

i) ionising radiation or contaminationby radioactivity from any nuclearfuel or from any nuclear waste fromthe combustion of nuclear fuel

ii) the radioactive toxic explosive orother hazardous properties of anyexplosive nuclear assembly ornuclear component thereof

(b) any contingency occasioned by orhappening through war invasion act offoreign enemy hostilities (whether warbe declared or not) civil war rebellionrevolution insurrection or military orusurped power

3 Requisition or Confiscation of Property

Loss or damage occasioned by orhappening through confiscation orrequisition or destruction by order of theGovernment or any Public Authority

4 Heat Processes

Loss or damage to property due to itsundergoing any process necessarilyinvolving application of heat

5 Electrical Plant

Damage to or destruction of any electricalplant or electrical appliance ie dynamotransformer motor or other workingelectrical machinery apparatus or fittingsdirectly caused by its own over-runningshort-circuiting excessive pressure orself-heating but should fire extend to anddamage or destroy any other part of theplant or appliances or other PropertyInsured hereby such damage ordestruction is not excluded by the Policy

6 Terrorism Exclusion

Except in respect of claims arising under theLiability Section this Policy does not cover

Loss damage cost or expense of whatsoevernature directly or indirectly caused byresulting from or in connection with

1 Any act of Terrorism regardless of anyother cause or event contributingconcurrently or in any other sequence tothe loss

2 Any action taken in controlling preventingsuppressing or in any way relating to anyact of Terrorism

If the Company alleges that by reason of thisException any loss damage cost or expenseis not covered by this Policy the burden ofproving the contrary shall be upon the Insured

In the event any portion of this Exception isfound to be invalid or unenforceable theremainder shall remain in full force and effect

DEFINITION – TerrorismFor the purpose of this Exception an act ofTerrorism shall mean an act including but notlimited to the use of force or violence and orthreat thereof of any person or group(s) ofpersons whether acting alone or on behalf ofor in connection with any organisation(s) orgovernment(s) committed for politicalreligious ideological or similar purposesincluding the intention to influence anygovernment and or put the public or anysection of the public in fear

Restaurants, Wine Bars and Public Houses GENERAL EXCEPTIONS

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GENERAL EXCEPTIONS Restaurants, Wine Bars and Public Houses

56

WAR CIVIL WAR POLITICAL RISK ANDTERRORISM LIMITATIONApplicable only to Section 6 Sub Section 1Employers Liability

The liability of the Company under this SubSection for damages costs and expensespayable in respect of any one claim againstthe Insured or series of claims against theInsured arising out of one event shall notexceed £5,000,000 This limitation shall onlyapply in respect of any liability of whatsoevernature directly or indirectly caused by orcontributed to by or arising from War Civil WarTerrorism or Political Risk as defined below

For the purposes of this Exception ‘War CivilWar or Political Risk’ means war invasionacts of foreign enemies hostilities or warlikeoperations (whether war be declared or not)civil war mutiny civil commotion assumingthe proportions of or amounting to popularrising military rising insurrection rebellionrevolution military or usurped power martiallaw confiscation or nationalisation orrequisition or destruction of property by orunder the order of any Government or publicor local authority Terrorism or any actiontaken in controlling preventing suppressingor in any way relating to any of the above

For the purposes of this Exception‘Terrorism’ means an act or acts (whetherthreatened or actual) or any person orpersons involving the causing or occasioningor threatening of harm of whatever natureand by whatever means made or claimed tobe made in whole or in part for politicalreligious ideological or similar purposes

WAR AND TERRORISM COVERAMENDMENT CLAUSEApplicable only to Section 6 Sub Section 2 Public Liability

The insurance provided by this Sub Section issubject to the following Terrorism Limitations

1 The liability of the Company under thisSub Section for all damages costs andexpenses payable in respect of alloccurrences of Terrorism during any onePeriod of Insurance shall not exceed inthe aggregate the sum of £2,000,000 or

the Limit of Indemnity shown in theSchedule whichever is the lesser

2 Notwithstanding paragraph 1 above theindemnity will not apply to legal liability ofwhatsoever nature directly or indirectlycaused or occasioned by or happeningthrough or in consequence of Terrorismor any action taken in controllingpreventing suppressing or in any wayrelating to Terrorism

a) arising by through or in connection with

i) the provision of Police fire orsecurity services of any kind

ii) any public or private utility includingtelecommunications electricity gaswater radio and television

iii) public transport services whetherrail road sea or air

b) arising out of the ownership operationor occupation of or work in at or on

i) airports airfields ports rail orunderground stations freight orpassenger terminals

ii) government military or localauthority establishments

iii) buildings of more than 20 floors inheight including basements andunderground car parks

iv) facilities for the manufactureprocessing refining distribution orstorage of liquid or gaseous fuel oilpetrochemical chemicalsexplosives or ammunition

v) tunnels bridges viaducts aqueductsdams river or sea defences

vi) schools colleges universities orplaces of education or religiousworship

vii) sports stadiums theatres orentertainment areas amusementparks exhibition or conference halls

For the purpose of this ExceptionTerrorism means an act or acts (whetherthreatened or actual) of any person or

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57

persons involving the causing oroccasioning or threatening of harm ofwhatsoever nature and by whatevermeans made or claimed to be made inwhole or in part for political religiousideological or similar purposes

7 Date Recognition

Any claim directly or indirectly caused byor contributed to by or arising from thefailure of any computer or otherequipment data processing serviceproduct microchip micro processorintegrated circuit embedded chip orsimilar device computer softwareprogram or process or any otherelectronic system or any design or advicein connection with any of the foregoingirrespective of ownership possession oruse and whether occurring before duringor after the Year 2000

i) correctly to recognise any date asits true calendar date

ii) to capture save or retain and/orcorrectly to manipulate interpret orprocess any data or information orcommand or instruction as a resultof treating any date otherwise thanas its true calendar date

iii) to capture save or retain orcorrectly to process any data as aresult of the operation of anycommand which has beenprogrammed into any computersoftware being a command whichcauses the loss of data or theinability to capture save retain orcorrectly to process such data onor after any date

but this shall not exclude in respect ofSections 1 (Buildings) 2 (Contents) 3 (AllRisks) 4a (Business Interruption) 4b(Loss of Accounts Receivable) & 5 (Lossof Licence) subsequent loss or damagenot otherwise excluded which itselfresults from fire lightning explosion theftaircraft or other aerial devices or articlesdropped therefrom riot civil commotion

strikers locked out workers personstaking part in labour disturbancesmalicious persons earthquake storm floodescape of water from any tank apparatusor pipe or impact by any road vehicle oranimal provided such contingency isinsured by the Section

This Exception is not applicable toSection 6 Sub Section 1 (Employers Liability Indemnity)

8 Northern Ireland Exclusion

Loss destruction or damage in NorthernIreland occasioned by or happening throughor in consequence directly or indirectly of

i) riot civil commotion and (except inrespect of loss or Damage by fire orexplosion) strikers locked-out workers orpersons taking part in labourdisturbances or malicious persons

ii) Terrorism as defined in the Terrorism Exclusion

In any action suit or other proceedingswhere the Company alleges that by reasonof this definition any loss or Damage is notcovered by this Policy the burden of provingthat such loss or Damage is covered shallbe upon the Insured

Restaurants, Wine Bars and Public Houses GENERAL EXCEPTIONS

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GENERAL CONDITIONS Restaurants, Wine Bars and Public Houses

General Conditions of the Policy

1 Policy TermsIt is a condition precedent to any liability onthe part of the Company under this Policythat the terms hereof so far as they relate toanything to be done or complied with by theInsured are duly and faithfully observed andfulfilled by the Insured and by any otherperson who may be entitled to beindemnified under this Policy

2 Reasonable PrecautionsThe Insured shall

a) take all reasonable precautions toprevent occurrences which may give riseto loss destruction or damage

b) take all reasonable steps to comply withstatutory requirements obligations andregulations imposed by any authority

c) take immediate steps to make good orremedy any defect or danger whichbecomes apparent or take such additionalprecautions as circumstances may require

3 Minimum Standards of SecurityIt is a condition precedent to the Company’sliability for loss destruction or damage bytheft or any attempt thereat that the followingminimum level of security (or alternativesecurity protections as agreed in writing bythe Company whether following a survey orotherwise) is installed at the LicensedPremises and put into effect whenever theLicensed Premises is left unattended

a) the final exit door of the LicensedPremises is to be fitted with a mortisedeadlock which has 5 or more leversand/or conforms to BS3621 A matchingboxed striking plate must also be fitted

b) all other external doors and all internaldoors giving access to any part of thebuilding not occupied by the Insured forthe purpose of the Business are to befitted with either

i) a mortise deadlock which has 5 or morelevers and/or conforms to BS3621 witha matched boxed striking plate asspecified above

or

ii) two key operated security bolts for doorsone fitted approximately 30cm from thetop of the door and the other 30cm fromthe bottom

c) aluminium or UPVC framed doors areto be fitted with integral cylinder keyoperated mortise deadlocks

d) all opening external basement groundfloor and other accessible (accessiblebeing a window that can easily bereached such as a window adjacent toa flat roof or a fire escape balconiescanopies or down pipes) windowsfanlights rooflights and skylights are tobe fitted with key operated windowlocks This requirement does not applyto windows protected by solid steelbars weldmesh or expanded metalgrilles securely fixed to the brickworksurrounding the window

e) any door or window officiallydesignated a Fire Exit by a fireauthority is excluded from the aboverequirements These are to be securedinternally by panic bolts or fire exit bolts(capable of opening at all times) anyadditional devices must be approvedby the local Fire Prevention Officer

f) each item of electronic officeequipment (for example PCs LaserPrinters or Fax Machines) with anindividual replacement value of £2,500or greater must be securely anchoredto the desk workstation or thestructure of the building by means oflock down plates the keys to whichmust have been removed from thepremises unless the premises areoccupied by the Insured or anauthorised Employee in which casethe keys are to be deposited in asecure place not in the vicinity of theelectronic office equipment

4 Alteration of RiskThis Policy shall be avoided if after thecommencement of this insurance there isany alteration in risk

a) by removal

b) by change of occupation or use of theProperty Insured

c) whereby the risk of loss or damage ofaccident or liability is increased

d) the Business is wound up or carried onby a liquidator or receiver or permanentlydiscontinued

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59

e) whereby the Insured’s interest ceases except by will or operation of law

unless such alteration is admitted by theCompany in writing

5 Claims – Insured’s DutiesOn the happening of any event which maygive rise to a claim the Insured shall

a) General – Applicable to all Sections

1. notify the Company immediately

2. take all practicable steps to recover propertylost and otherwise minimise the claim

3. inform the Police immediately if the loss ordamage has been caused by thievesmalicious persons or vandals or by riot civilcommotion strikes or labour disturbances

4. give all information and assistance theCompany may require

5. not make or allow to be made on theirbehalf any admission offer promisepayment of indemnity without the writtenconsent of the Company

b) Applicable to Sections 1, 2, 3, 5, 7and 8

within 30 days or such further time as theCompany may allow in writing deliver to theCompany a written claim providing at theirown expense all details proofs andinformation regarding the cause and amountof loss or damage as the Company mayreasonably require together with details ofany other insurances on any PropertyInsured by this Policy and (if demanded) astatutory declaration of the truth of the claimand or any related matters

c) Applicable to Sections 4 (a) and 4 (b)

within 30 days after the expiry of theIndemnity Period or within such further timeas the Company may in writing allow at theirown expense deliver to the Company astatement setting out particulars of the claimtogether with details of all other insurancecovering any part of the damage or resultingloss of Gross Profit

The Insured shall at their own expense alsoprovide the Company with such books ofaccount and other business books vouchersinvoices balance sheets and otherdocuments proofs information explanationand other evidence as may reasonably berequired by the Company for the purpose ofinvestigating or verifying such claim togetherwith (if demanded) a statutory declaration ofthe truth of the claims and any related matter

No claim under this Section shall be payableunless the terms of these conditions havebeen complied with and in the event of noncompliance therewith in any respect anypayment on account of the claim alreadymade shall be repaid to the Companyimmediately

d) Applicable to Section 6

1. Immediately forward to the Companyevery letter claim writ summons and processimmediately upon receipt withoutacknowledgement

2. Advise the Company in writingimmediately they have knowledge of anypending prosecution inquest Fatal Accidentor Ministry Inquiry

e) Applicable to Section 9

Please refer to page 48 of this Policy booklet

6 FraudIf a claim be in any respect fraudulent or ifany fraudulent means or devices be used bythe Insured or anyone acting on his behalf toobtain any benefit under this Policy or if anydamage be occasioned by the wilful act orwith the connivance of the Insured all benefitunder this Policy shall be forfeited

7 ContributionIf at the time of any loss damage or liabilityarising under this Policy there shall be anyother insurance covering such loss damageor liability or any part thereof the Companyshall not be liable for more than itsproportional share thereof

8 The Company’s RightThe Company shall be entitled –

a) on the happening of any loss or damageto enter any building where such loss ordamage has happened and to take andkeep possession of the Property Insuredand to deal with salvage in a reasonablemanner and this Policy shall be proof ofleave and licence for such purpose butthe property may not be abandoned tothe Company

b) at its option to either

i) repair or replace the property or anypart of the property for which it may beliable under this Policy

or

ii) make payment in money to the Insuredin lieu of such repair or replacement

Restaurants, Wine Bars and Public Houses GENERAL CONDITIONS

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60

GENERAL CONDITIONS Restaurants, Wine Bars and Public Houses

Reinstatement effected as nearly as may bereasonably practicable shall be deemed acomplete indemnity under this Policy

c) to undertake in the name and on behalfof the Insured the absolute conductcontrol and settlement of anyproceedings and to take proceedings atits own expense for its own benefit but inthe name of the Insured to recovercompensation or secure an indemnityfrom any third party in respect of anythingcovered by this Policy

9 ArbitrationIf any difference arises as to the amount to bepaid under this Policy (liability being otherwiseadmitted) such difference shall be referred toan arbitrator to be appointed by the parties inaccordance with the Statutory provisionsWhere any difference is by this condition tobe referred to arbitration the making of anaward shall be a condition precedent to anyright of action against the Company

10 CancellationOur Rights We shall not be bound to accept any renewalof this Policy and may at any time give 21days notice of cancellation by recordeddelivery to Your last known addressThereupon You will be entitled to the return ofa proportionate part of the premium paid inrespect of the unexpired term of this Policyprovided that there have been

• no claims made under the Policy forwhich We have made a payment

• no claims made under the Policy whichare still under consideration

• no incident likely to give rise to a claimbut is yet to be reported to Us

during the current Period of Insurance

This termination will be without prejudice toany rights or claims of the Insured or theCompany prior to the expiration of such notice

If a claim has been submitted or there hasbeen any incident likely to give rise to a claimduring the current Period of Insurance norefund for the unexpired portion of thepremium will be given

Your Rights You may cancel this Policy during the 14 daysafter the Contract has been concluded bygiving notice in writing to Your InsuranceAdviser at the address shown in theircorrespondence or to the AXA Insuranceaddress shown on your Policy schedule

Provided that there have been

• no claims made under the Policy forwhich We have made a payment

• no claims made under the Policy whichare still under consideration

• no incident likely to give rise to a claimbut is yet to be reported to Us

during this 14 day Period of Insurance We willgive a refund for the proportionate part of thepremium paid in respect of the unexpiredterm of this Policy

If a claim has been submitted or there hasbeen any incident likely to give rise to a claimduring the current Period of Insurance norefund for the unexpired portion of thepremium will be given

11 Instalments ClauseIf the premium on this Policy is payable bythe Company’s Budget Plan and You do notpay each instalment on the due date allcover under the Policy will be cancelledautomatically from the date such instalmentwas due or where statute requires the givingof prior notice the day following the expiry ofsuch notice

If the premium on this Policy is payable bythe Company’s Budget Plan and during thecurrent Period of Insurance

• a claim has been made under the Policyfor which We have made a payment

• a claim has been made under the Policywhich is still under consideration

• an incident has occurred which is likelyto give rise to a claim but is yet to bereported to Us

the annual premium remains due in full Insuch case monthly collections must continueor a one off payment be agreed to settle theoutstanding amount

Where a one off payment is not made to

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61

settle the outstanding amount You mustcontinue with the instalment paymentsAlternatively We may deduct anyoutstanding instalments from any claimpayment that may be due to You or payableon Your behalf

Any instalments payments legitimately takenprior to the notification of cancellation of theBudget Plan agreement will be retained Anyrefund of premium will be in respect of anysubsequent collections taken between thetime of notification and cancellation

12 Misrepresentation andMisdescription

The Policy shall be voidable in any event ofmisrepresentation misdescription or non-disclosure in any material particular

13 Contracts (Rights of ThirdParties) Act

The parties of this contract do not intend thatany clause or term of this contract should beenforceable by virtue of the Contracts(Rights of Third Parties) Act 1999 by anyperson who is not a party to this contract

Restaurants, Wine Bars and Public Houses GENERAL CONDITIONS

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62

MAKING YOURSELF HEARD Restaurants, Wine Bars and Public Houses

Who to contact?

The most important factors in getting Yourcomplaint dealt with as quickly and efficientlyas possible are:

• to be sure You are talking to the rightperson, and;

• that You are giving them the rightinformation.

When You contact Us

• Please give Us Your name and a contacttelephone number.

• Please quote Your Policy and/or claimnumber, and the type of Policy You hold.

• Please explain clearly and concisely thereason for Your complaint.

So We begin by establishing Your first pointof contact.

Step One – Initiating Yourcomplaint

Does Your complaint relate to:

A: Your Policy?

B: a claim on Your Policy?

If A, You need to contact the agent or AXAoffice who sold You Your Policy. Call thenumber on Your Policy document and stateYour complaint.

If B, You need to contact whoever is currently dealing with Your claim and stateYour complaint.

In either case, if You wish to provide writtendetails, the following checklist has beenprepared for You to use when draftingYour letter.

• Head Your letter ‘COMPLAINT’.

• Give Your full name, post code andcontact telephone number(s).

• Quote the type of policy and Your policyand/or claim number.

• Advise the name of Your insuranceagent/firm (if applicable).

• Explain clearly and concisely thereason(s) for Your complaint.

The letter should be sent to the persondealing with Your complaint along with anyother material required.

We expect that the majority of complaintswill be quickly and satisfactorily resolved atthis stage, but if You are not satisfied Youcan take the issue further:

Step Two – If You are stillunhappy

Should the response You receive beunsatisfactory please refer the matter usingthe relevant details below:

Does Your complaint relate to:

A: Your Policy?

B: a claim on Your Policy?

If A, ask to speak to the Branch Manager.Where they cannot assist they will ensureYou are put into contact with the person whocan resolve Your complaint.

If B, please contact the relevant ClaimsOffice, details of which You will havereceived following notifying Us of Your claim.

Making Yourself Heard

If You have cause for complaint it is important You know We arecommitted to providing You with an exceptional level of service andcustomer care.

We realise that things can go wrong and there may be occasionswhen You feel that We have not provided the service Youexpected. When this happens, We want to hear about it so that Wecan try to put things right.

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63

Step Three – Contacting AXAInsurance Head Office

If Your complaint is one of the few thatcannot be resolved by this stage, contact theHead of Customer Care who will arrange foran investigation on behalf of the ChiefExecutive:

Head of Customer Care AXA Insurance Civic DriveIpswichIP1 2AN

Tel: 01473 205926Fax: 01473 205101Email: [email protected]

Step Four – Beyond AXA

If We have given You Our final response andYou are still dissatisfied You may refer Yourcase to the Financial Ombudsman Service(FOS).

The FOS is an independent body thatarbitrates on complaints about generalinsurance products. It will only considercomplaints if;

• We have provided You with writtenconfirmation that Our internal complaintsprocedure has been exhausted.

• Your business has a turnover of less than£1,000,000.

The FOS can be contacted at:

Financial Ombudsman ServiceSouth Quay Plaza183 Marsh WallLondonE14 9SR

Tel: 0845 080 1800Fax: 020 7964 1001

Referral to the FOS will not affect Your rightto take legal action against Us.

Our promise to You

• Acknowledge written complaints promptly.

• Investigate quickly and thoroughly.

• Keep You informed of progress.

• Do everything possible to resolve Your complaint.

• Learn from Our mistakes.

• Use information from complaints tocontinuously improve Our service.

To help Us improve Our service We mayrecord or monitor telephone calls.

Restaurants, Wine Bars and Public Houses MAKING YOURSELF HEARD

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www.axa.co.uk

AXA is a world leader in wealth management and financial protection. We operate in

over 50 countries and serve more than 50 million customers worldwide. We cater

to a wide range of needs, providing advice and guidance to our individual and

corporate customers on a variety of financial products and services. In addition to

Business, Motor and Home Insurance we also offer Investments, Life Assurance,

Retirement Planning, Long Term Care, Asset Management, Medical Insurance and

Dental Payment Plans.

With our expertise and commitment to customer service and consistent,

quality care, you can rely on AXA for lasting security.

ASK ABOUT AXA’S EXCELLENT RANGE OF BUSINESS,

HOME AND MOTOR INSURANCE PRODUCTS.

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7/P

(12/

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AXA Insurance UK plcRegistered in England No 78950. Registered Office: 5 Old Broad Street, London EC2N 1AD

A member of the AXA Group of Companies. AXA Insurance UK plc is authorised and regulated by the Financial Services Authority.In order to maintain a quality service, telephone calls may be monitored or recorded.

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