These Legal Terms and Conditions include information regarding the terms and conditions of the issuance of Border Insurance (hereinafter referred to as SEFRON, as per its abbreviation in Spanish) you have requested through the website http://assurancefrontiere.es/ (hereinafter referred to as the website).
Through this website, we offer you the following services:
- Information about SEFRON that can be requested and issued through the website.
- Access to the ‘Private Area’ where, if you have already obtained SEFRON, you can look up information about it.
- The possibility of contacting us through different channels for further information.
Access to this website and its use implies the express acceptance of these Legal Conditions. OFESAUTO reserves the right to modify them at any time, so please read them every time you use this website.
1. OWNERSHIP OF THE WEBSITE
The owner of the website http://assurancefrontiere.es/ is the OFICINA ESPAÑOLA DE ASEGURADORES DE AUTOMÓVILES (hereinafter ‘OFESAUTO’ or the ‘Company’).
Registration: Registry of Associations, Group 1, Section 1, National Number 4346.
Spanish tax ID number: G28075240
Registered office: C/ SAGASTA 18 -7ª PLANTA 28004, MADRID.
Telephone: +34 91 446 03 00
Main Office: C/ SAGASTA 18 -7ª PLANTA 28004, MADRID.
Policyholder Service: firstname.lastname@example.org.
OFESAUTO is authorised as a National Insurance Bureau in the administration and management of Border Insurance.
In the performance of its functions and development of its activity, it is governed by the following regulations:
- As a National Insurance Bureau, referred to in Directive 2009/103/EC of the European Parliament and of the Council of 16 September on the approximation of the laws of the Member States relating to insurance against civil liability arising out of the use of motor vehicles, as well as the control of the obligation to insure this liability, with the status of law given by Article 6.13 of Spanish Law 20/2015, of 14 July, on the regulation, supervision and solvency of insurance and reinsurance companies; a provision developed by article 21 of the Regulation on compulsory insurance of civil liability in the circulation of motor vehicles, approved by Spanish Royal Decree 1507/2008, of 12 September; as well as by the rules for the development thereof and any others that may be issued in the future on the same subject supplementing or modifying them.
- As a compensation body, also within the framework of Directive 2009/103/EC, of the European Parliament and of the Council, of 16 September 2009, on insurance against civil liability arising from the use of motor vehicles, as well as the control of the obligation to insure this liability, by Spanish Law on civil liability and insurance in the circulation of motor vehicles, rewritten text approved by Spanish Royal Legislative Decree 8/2004, of 29 October, modified by Spanish Law 35/2015, of 22 September, on the Reform of the system for the valuation of damages caused to persons in traffic accidents; which also finds its regulatory development in Article 22 of the aforementioned Regulation on compulsory civil liability insurance in the circulation of motor vehicles, which, as mentioned above, was approved by Spanish Royal Decree 1507/2008, of 12 September. 2.3. In addition, in its capacity as administrator of the border insurance co-insurance framework, in the performance of other functions and in general, by Order EIC/764/2017, of 26 July, which lays down the rules relating to the operation of the Spanish Motor Insurers’ Bureau.
- In its capacity as administrator of the border insurance co-insurance framework, in which the new Article 9 of the Articles of Association also reproduces Article 9 of Order EIC/764/2017, of 26 July, which lays down the rules relating to the operation of the Spanish Motor Insurers’ Bureau. In this condition, two essential notes should be highlighted: the first of these is that its function is management, i.e., that of ‘administering co-insurance at the border’, not an insurance activity which, as stated above, does not correspond to it as it is not an insurance company; and secondly, that the co-insurance agreement administered by OFESAUTO is not an exclusive insurance market framework, but rather a guarantee that, in the end, there will always be the possibility of concluding an insurance agreement at the border, since the ultimate aim of this co-insurance is to avoid possible public order problems at borders precisely because there is no possibility of concluding motor insurance agreements.
2. BORDER INSURANCE
WHAT IS IT?
Consequently, Border Insurance can only be issued when the country where the vehicle to be insured is normally based is not a member of Section III of the General Regulation of the Convention of National Bureaus (former Multilateral Guarantee Convention) or is not a member of the Green Card system.
To enter the European Economic Area, vehicles from other countries need to either have an International Certificate Motor Carde (IMIC), formerly the “Green Card”, issued by a National Insurance Bureau or to take out Border Insurance in the State through which they enter or circulate within the European Economic Area.
OFESAUTO assumes the obligations derived from the control of issuing, managing and administering Border Insurance.
Border Insurance is issued on a co-insurance basis between the entities that work in the Motor Liability Branch and on the basis of the legal compliance indicated, as well as by Insurance Contract Law and the LOSSEAR (Spanish Law on the regulation, supervision and solvency of insurers and reinsurers).
WHAT IS IT FOR?
Border Insurance is merely a temporary International Certificate Motor Carde (IMIC), formerly the “Green Card”. It must be acquired when you enter a non-EEA country with your vehicle if you do not have a IMIC (formerly Green Card) issued by a Spanish insurer.
Please know that it does not cover roadside assistance damage to your vehicle, legal costs, etc. It is a temporary ‘third party’ insurance for insured driving in the country where it is requested.
For example, if you are travelling to Morocco you can get this Border Insurance through their sales points.
The way the Border Insurance system works is similar to an insurance company: the cost is calculated, the premium is charged and the documentation is handed over. If the vehicle subsequently causes an accident within the policy period, the damage caused to third parties is paid for.
If you are going to travel to any of the countries that are part of the System and you have not obtained an International Certificate Motor Carde (IMIC, formerly the “Green Card”), we recommend you seek information on how to obtain border insurance through your National Insurance Bureau.
WHAT COVERAGE DOES IT INCLUDE?
SEFRON only covers compulsory civil liability.
Other coverage included in the policies such as roadside assistance, legal defence or fire are therefore excluded from this policy.
WHAT IS THE DURATION OF BORDER INSURANCE?
This policy is temporary and can be contracted for different periods of time: 15, 30, 90 or 180 days.
In this way, the insured person can adapt the duration of the policy to their time in Spain.
3. PRICE AND PAYMENT
The SEFRON price varies according to the period the coverage lasts as well as the type of vehicle. The final price is indicated at the end of the contract.
The SEFRON price will be the price indicated on our website at any given time, except in cases when there clearly is a mistake. Our website is operated in good faith and displays accurate information at all times.
The SEFRON price indicated on the Website is in Euros and will not generate taxes or other charges of any other kind. The final price will be indicated at the end of the contract.
The means of payment for the SEFRON will be as detailed on the payment platform, where the various means of payment accepted are listed: credit or debit cards. For credit card payments, the transaction must comply with the relevant contractual conditions formalised separately between the Customer and the credit card issuer.
Amounts shall be debited from the Customer’s credit card only after:
- Verification of the credit card details;
- Having received authorisation for the card from the issuer of the card used by the insured person.
In the event of a dispute between you and the credit card issuer, lender, etc. about the price or any other obligation in connection with payment on our Website, you and that third party will resolve the dispute.
4. RIGHT OF WITHDRAWAL
In accordance with the regulations in force, for products contracted through remote communication techniques, you have the right to withdraw from the contract without having to indicate the reason and without suffering any penalty, except in the case of compulsory insurance for the policyholder, as in this case.
As stated above, SEFRON is a temporary compulsory motor vehicle liability insurance which allows vehicles from third parties not signatories to Section III of the General Regulation of the Convention of National Bureaus to access the European Economic Area.
Therefore, on that basis, you may not exercise the right of withdrawal and once SEFRON has been issued, you will not be entitled to reimbursement of the price.
5. ISSUING OF SEFRON
To purchase SEFRON over the website, follow these steps:
a) Fill in the technical details of the vehicle to be insured, registration number or chassis, as well as the category, group, make and model of the vehicle and the country the vehicle is registered in.
b) Fill in the form providing the effective date and duration of SEFRON, as well as the province through which entry will occur.
c) Information on the driver’s personal details and contact e-mail address.
d) Payment, detailing the various means of payment accepted: Credit or Debit Cards.
e) Once the purchase has been confirmed, SEFRON is generated with a locator whose data will be stored for management or modification if necessary. A message will automatically be sent with the SEFRON and its locator to the e-mail address provided.
f) The insured person must carry the SEFRON to travel and may carry it printed out or in electronic format.
Please note that inaccuracy of the data provided to contract the SEFRON may lead to the cancellation of the insurance policy in accordance with art. 10 of the LCS (Spanish Insurance Contract Act).
SEFRON purchase over the Website implies full acceptance of the Legal Conditions applicable to the insurance contracted.
6. WRITTEN COMMUNICATION
Applicable legislation requires that certain information or communications that we send must be in writing. By using this Website, you agree that communications with us will be conducted primarily electronically.
We will contact you by e-mail or provide you with information through notices on our Website. For contractual purposes, you agree to these electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide you with electronically comply with legal requirements that such communications be in writing.
7. RIGHT TO MODIFY THESE LEGAL CONDITIONS
Please be advised that OFESAUTO has the right to revise and amend these Legal Conditions as we deem appropriate and where necessary to comply with applicable law and regulatory requirements regarding SEFRON.
You will therefore be subject to the Legal Conditions for the issue of the SEFRON in force at the time you make your application for issue and payment, and you should therefore read them when you make your application.
8. LEGISLATION AND JURISDICTION
These Legal Conditions and, therefore, the SEFRON contracted are governed by and must be interpreted in accordance with the legislation in force at any given time.
Any dispute arising from the interpretation, validity and/or execution of these Legal Conditions will be submitted to the corresponding court in the place of residence or domicile of the insured person.
Otherwise, you may decide to access the alternative extrajudicial dispute resolution platform provided by the European Commission, available on the website http://ec.europa.eu/odr.