Berthing Fees Cover: Policy
As a holder of a current 12 month berth licence with Premier Marinas, you are entitled to a complimentary insurance package which provides insurance protection in the event that you are unable to use your boat as a result of accident or injury (Insured Incident 1, Berthing fees) and for the cost of repatriation for you and your boat in the event of a marine accident (Insured Incident 2, Repatriation).
This insurance cover is arranged by Amicus Legal Ltd in conjunction with Towergate Mardon and is underwritten by DAS Legal Expenses Insurance Company Ltd.
Welcome to Berthing Fee & Repatriation Insurance Cover
To make sure that you get the most from your Berthing Fee & Repatriation Insurance Cover, please take time to read this policy document which explains the contract you have entered into. If you have any questions or would like more information, please contact Towergate Mardon on 0870 156 6377.
To register, please complete the registration form online at www.premiermarinas.com/berthingcover
The cover is complimentary to holders of a 12 month berthing licence with Premier Marinas and is subject to registration.
The role of Amicus Legal Limited
In arranging this policy of insurance Amicus acts only for one insurer, DAS Legal Expenses Insurance Company Limited of the head and registered office shown above.
In dealing with your claim under the insurance policy, Amicus acts as the agent of DAS.
The meaning of words in this policy
Accidental damage
Loss or damage caused to the insured craft which occurs outside the control of the insured person and prevents you from using the insured craft.
Berthing fees
Fees you have contracted to pay Premier Marinas for a 12 month berthing licence in respect of the insured craft at one of their marinas.
Call Assist
Call Assist Limited who operate the 24 hour control centre and who will assist in making all the necessary travel arrangements in connection with claims arising under Insured Incident 2 - Repatriation as agents of Amicus.
Date of occurrence
- the date of the event, or
- the earliest date on which the insured person could reasonably have been aware of the event which leads to a claim.
If there is more than one event arising at different times from the same originating cause, the date of occurrence is the date of the first of these events.
Insured craft
Any craft specified in the berthing contract with Premier Marinas issued with this policy.
Insured person
You and any skipper or crew who is aboard the insured craft with your permission.
Marine accident
A mechanical breakdown, collision, impact, fire or seizure of the insured craft by police or other judicial authority immediately rendering the insured craft uninhabitable.
Period of insurance
The period for which we have agreed to cover an insured person.
Serious injury/serious illness
An accidental injury or illness affecting you of such severity that you cannot use the insured craft for ANY purpose.
Territorial limit
In respect of Insured Incident 1 - Berthing Fees
The United Kingdom of Great Britain and Northern Ireland, the Isle of Man and the Channel Islands.
In respect of Insured Incident 2 - Repatriation
Worldwide excluding your normal country of residence.
Underwriters/DAS
DAS Legal Expenses Insurance Company Limited.
Uninhabitable
Not suitable for occupation by reason of damage sustained to the accommodation of the insured craft.
We/us/or Amicus
Amicus Legal Limited who have arranged this insurance and who will deal with claims under as agents of DAS.
You/your
The person who has entered into the berthing contract with Premier Marinas.
Important Note
If more than one person has entered into the berthing contract in respect of an insured craft then the insured benefit payable under Insured Incident 1 - Berthing Fees of this policy will be reduced pro rata.
The full benefit will only be paid if all persons named on the berthing contract have been prevented from using the insured craft because of their serious illness or serious injury.
Cover
DAS agrees to provide the insurance in this policy, as long as:
(a) the premium has been paid; and
(b) the date of occurrence of the insured incident is during the period of insurance; and
(c) the insured incident occurs in the territorial limit
(d) you have a current 12 month berthing licence with Premier Marinas and;
(e) Premier Marinas has not withdrawn the scheme and advised you so in writing.
What we will pay
For claims under Insured Incident 1 - Berthing Fees, DAS will pay your berthing fees. The most DAS will pay for all claims resulting from one or more event arising at the same time or from the same cause is £1,500.00.
For claims under Insured Incident 2 - Repatriation, DAS will pay travelling costs and the costs of a professional skipper hired to deliver the insured craft home. The most DAS will pay for all claims arising from one or more event arising at the same time or from the same originating cause is £3,000.00 per insured craft, per period of insurance.
Insured Incident 1 - Berthing Fees
We will pay your berthing fees if you are unable to use the insured craft due to:
(a) your serious illness or a serious injury; or
(b) accidental damage to the insured craft whilst in her home marina
for up to 5 months, or until you can lawfully cancel your berthing contract, whichever is the sooner.
Provided that:
- (i) in claims for serious illness or serious injury, medical evidence supports that you are not able to use the insured craft for ANY purpose; or
- (ii) in claims for accidental damage, berthing fees will be covered for the period the insured craft is out of the water for the accidental damage to be repaired and would otherwise have been in commission.
Insured Incident 2 - Repatriation
If the insured craft becomes uninhabitable because of a marine accident during the period of insurance, we will:
a) Indemnify the insured person against travelling costs from abroad to their home country and assist with making the travelling arrangements.
b) Provide a loan of up to £60.00 for each insured person to assist with the purchase of essential personal items.
c) If the insured person travels back to the insured craft to bring her home following repairs, an indemnity will be provided against the travelling costs.
d) If a professional skipper is hired to deliver the insured craft home following repairs, his charges of up to £3,000.00 will be covered.
The charges for a professional skipper if one is hired are included within the above limit and are not in addition to.
Provided that:
i) Each insured person gives an undertaking to repay the loan on return to their home country when seeking assistance from the control centre; and
ii) The maximum claim under this insured incident is £300.00 for each insured person aboard the insured craft at the time of the incident, subject to an overall limit of indemnity of £3,000.00 per insured craft, per period of insurance.
What is not covered by this policy
1. A claim for berthing fees where at the time of taking out or renewing your berthing licence you were aware, or should reasonably have been aware, of a serious injury or a serious illness which would prevent you from using the insured craft for ANY purpose.
2. A claim for berthing fees following the insured craft being damaged in her home marina and the cause of that damage was within the control of the insured person.
3. A claim for berthing fees following the insured craft being damaged outside her home marina.
4. A claim for berthing fees following the insured craft being damaged as a result of wear and tear or other depreciation.
5. A claim following the insured craft being damaged as a result of mechanical or electrical failure or breakdown, except where the claim arises under Insured Incident 2 - Repatriation.
6. A claim following the insured craft being damaged as a result of a malicious act.
7. A claim where you have failed to notify us of the insured incident within a reasonable time of it happening.
8. An insured incident arising before the start of this policy.
9. A claim intentionally brought about by an insured person.
10. A claim arising from an insured craft not insured at least in respect of liability risks with a recognised marine insurer.
11. There is no cover for the first month's berthing fees following the insured incident.
12. A dispute with us or the underwriters, not otherwise dealt with under Condition 5.
13. Apart from us or the underwriters, you are the only person who may enforce all or any part of this policy and the rights and interests arising from or connected with it. This means that the Contract (Rights of Third Parties) Act 1999 does not apply to the policy in relation to any third party rights or interest.
14. A claim which is fraudulent, exaggerated or dishonest or where an allegation of dishonesty or violent behaviour has been made against the insured person.
15. A claim caused by, contributed to by or arising from:
(a) ionising radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from burning nuclear fuel;
(b) the radioactive, toxic, explosive or other hazardous properties of any nuclear assembly or nuclear part of it;
(c) war, invasion, foreign enemy hostilities (whether war is declared or not), civil war, rebellion, revolution, military force or coup; or
(d) pressure waves caused by aircraft or any other airborne devices travelling at sonic or super sonic speeds.
16. Any claim directly or indirectly caused by or resulting from any device failing to recognise, interpret, or process any date as its true calendar date.
17. Any claim for travel costs not authorized by Call Assist in advance.
Conditions which apply to the whole policy
- You must:
(a) keep to the terms and conditions of this policy;
(b) try to prevent anything happening that may cause a claim;
(c) provide everything we ask for, in writing;
(d) give us full details of any claim immediately;
(e) give us any information we need.
2. You must maintain and continue to maintain the insured craft in a seaworthy and reliable condition.
3. You can cancel this policy by telling us within 14 days of taking it out; or at any time afterwards as long as you tell us at least 14 days beforehand. The underwriter can cancel this policy at any time as long as the underwriter tells you at least 14 days beforehand.
4. The underwriter will not pay any claim covered by any other policy, or any claim that would have been covered by any other policy if this policy did not exist.
5. If there is a disagreement about the way we handle a claim that is not resolved through our internal complaints procedure, you can contact the Financial Ombudsman Service for help.
6. This policy will be governed by English law.
Andy Tomkins, Chief Executive Officer
Amicus Legal Limited
How we can help
To make a claim under Insured Incident 1 (Berthing Fees) of your policy, please telephone us on 01206 366500 Monday to Friday between 9am and 5:30pm. Remember to quote Premier Marinas - Berthing Fees. We will ask you about your claim. At this point we will not be able to tell you whether you are covered or not but we will explain what to do next and send you a claim form for completion and return together with supporting documentation in evidence of your claim.
Completed claim forms and supporting documentation should be sent to:
The Claims Department,
Amicus Legal Limited
The Old Exchange,
64 West Stockwell Street,
Colchester,
CO1 1HE
To make a claim under Insured Incident 2 (Repatriation) of your policy, please telephone +44 1206 714322 when dialling from abroad. Remember to quote Premier Marinas -Repatriation. The control centre is operated by Call Assist who has extensive experience of providing assistance 24 hours a day, 365 days a year. Call Assist will help in making all the necessary travel arrangements for you.
Documentation in support of your claim and the repayment of any loans should be sent to:
The Control Centre Supervisor
Call Assist Limited
Axis Court,
North Station Road,
Colchester,
CO1 1UX
Problems
Amicus and DAS are committed to providing a first class service at all times. A copy of the internal complaint handling procedure for Amicus and DAS is available on request. If a complaint arises, then this should be addressed in the first instance to:
The Operations Manager
Amicus Legal Limited
The Old Exchange,
64 West Stockwell Street,
Colchester,
CO1 1HE
Telephone: 01206 366500
If the complaint is not resolved to your satisfaction, then the matter may be referred to DAS' Customer Relations Department at their address shown below:
DAS' Head and Registered Office is:
DAS Legal Expenses Insurance Company Limited
DAS House, Quay Side,
Temple Back,
Bristol, BS1 6NH
Registered in England and Wales, number 103274
Website: www.das.co.uk
If you are still not satisfied, you can contact the Insurance Division of the Financial Ombudsman Service at:
South Quay Plaza, 183 Marsh Wall, London, E14 9SR
You can also contact them on 0845 080 1800
Website: www.financial-ombudsman.org.uk
(Using this service does not affect your statutory right to take legal action.)
DAS Legal Expenses Insurance Company Limited and Amicus Legal Limited are authorised and regulated by the Financial Services Authority. DAS is a member of the Association of British Insurers.
