Documente Academic
Documente Profesional
Documente Cultură
7138 10/2018 EN
2 | Table of contents 7138 10/2018 EN
Page
3 The Insurance shall not give rise to any right to an insurance benefit if after
ARTICLE 1 Introductory Provisions the inception of the Insurance, there has been a change in the parties to the
contract entered into between the Insured and the Beneficiary (hereinafter
1 Česká pojišťovna a.s., registered office Spálená 75/16, Nové Město, 110 00 referred to as the „Contract“), defined in the Insurance Policy, or a change in
Prague 1, The Czech Republic, Company identification No. 45272956, Tax the Insured‘s liability (debt) arising from the Contract, without prior written
identification No. CZ 699001273, registered in the Commercial Register, consent of the Insurance Company to such changes.
Municipal Court in Prague, File reference B 1464 (hereinafter referred to
as the „Insurance Company“), provides insurance in accordance with Act
No. 277/2009 Coll., as amended. These General Insurance Terms and Condi- ARTICLE 4 Premium
tions for Guarantee Insurance VPPZAR-P-01/2018 (hereinafter referred to as
„VPPZAR-P“) govern the conditions of guarantee insurance losses and are 1 The premium is to be paid as a single payment.
effective from 1 May 2018. 2 It may be agreed in the insurance contract that premium is to be paid in instal-
2 The rights and obligations related to the insurance are governed by legislation ments by the insured.
of the Czech Republic, particularly by Act No. 89/2012 Sb., the Civil Code as 3 The Insurance Company is entitled to the whole amount of premium for the
amended (hereinafter referred to as „the Code“), particularly by provisions period for which the insurance has been arranged.
§ 2758-2872, these VPPZAR-P conditions, the schedule of fees and the insu- 4 If the policyholder is to pay outstanding premiums, fees and accessories to
rance contract. outstanding premiums, any payment by the policyholder will be first used for
3 Provisions of the insurance contract deviating from the Code or these VPPZA- the outstanding premium in such a manner that the premium, or premium
R-P take precedence. instalment with the earliest due date will be settled first, then fees according
4 The guarantee insurance (hereinafter referred to as the „Insurance“) is a priva- to their due dates, then costs of outstanding premium recovery and finally late
te insurance and is arranged as indemnity insurance. payment interest. There is no interest imposed on fees, costs of outstanding
5 In case of non-life insurance, customers have the option to resolve the dispute premium recovery and late payment interest.
out of court through The Czech Trade Inspection Authority (CTIA) www.coi.cz. 5 Premium is considered to be paid at the moment when it is cradited to the
account of the insurance company.
ARTICLE 3 Exclusions from Insurance 1 The Insured shall refer to a person for whom the Insurance Company provides
a guarantee specified in detail in the Insurance Policy.
1The Insurance shall not cover the Beneficiary‘s damages resulting from: 2 The Beneficiary shall refer to a person that becomes entitled to an insurance
a war events, uprising rebellion or other violent mass disturbance, strikes, benefit due to an insured event.
lock-outs, terrorist acts (i. e. violent actions of political, social, ideological,
racil, national or religious motivation), or due to interventions imposed by
government or other official authorities ARTICLE 7 Insurance Benefit
b nuclear energy, nuclear radiation, nuclear contamination, asbestos or for-
maldehyde 1 The Insurance Company shall not initiate an investigation and the Beneficiary
c force majeure events, such as a natural disaster. shall not be entitled to an insurance benefit if the claim is not made within the
2 The right to indemnity from insurance does not arise if it would put the in- terms and in the manners set out in clauses 2 and 3 of this Article.
surance company in conflict with sanctions, bans or restictions imposed by 2 The claim for an insurance benefit shall be exercised in writing and shall de-
UN resolutions, trading or economic sanctions, laws or regulations of the Eu- signate the Beneficiary, identify the guarantee period and the Contract or the
ropean Union or the United States of America (USA), with the International guarantee contract (policy), describe the failure to meet the Contract, deter-
Sanctions Act No. 69/2006 Sb., as amended or with a generally binding legal mine the nature, place and time of occurrence of the loss and the requirement
regulation replacing the Act. for its compensation.
3 The exercised claim for an insurance benefit shall be delivered to the Insurance d is obliged to inform the insurance company that a loss event their occured
Company: without undue delay after the moment of discovery of the loss event;
a by the time set in special legislation, specified in the Insurance Policy, or in e is obliged to provide an official translation of any documents needed for
case of a guarantee for the fulfilment of obligations arising from special investigation of the loss event at their own expense, if so required by the
legislation; insurance company;
b prior to the date of termination of the Insurance, in case of other guarante- f is obliged to provide without undue delay true explanations of the causes
es and insurance of the carrier‘s financial eligibility. and extent of damage;
4 The Insurance Company shall provide the insurance benefit in monetary terms. g is obliged to inform the insurance company without undue delay that cri-
5 If the Insurance Policy and the issued guarantee certificate specify that the minal or administrative proceedings in connection with the loss event have
provision of the insurance benefit by the Insurance Company is conditional commenced against the insured or their employee, disclose the name and
upon the presentation of a specific document, the document shall be submi- address of his counsel and inform the insurance company about the pro-
tted at the Insurance Company‘s request or afterwards without undue delay, gress and results of the proceedings;
but always during the period of the Insurance. h is obliged to secure against another person the rights transferred to the
insurance company, particularly the right to compensation for damage or
harm as well as the right to subrogation and settlement;
ARTICLE 8 Upper limit of indemnity, limits and sublimits of indemnity i is obliged to inform the police without undue delay if there is a suspicion of
a criminal act or attempted criminal act in connection with the loss event;
1 The upper limit of indemnity is the limit of indemnity. The limit of indemnity is j is obliged to fulfil further obligations imposed by law, special legislation or
agreed in the insurance contract based on the policyholder’s proposal. the Insurance contract.
2 With each provided insurance benefit, the insurance claim limit shall be redu- 2 The Policyholder or the Insured shall:
ced by the amount paid. a submit to the Insurance Company or persons authorized by it all docu-
3 The total insurance benefits from all insured events occurring during the peri- ments relating to the management and the financial situation of the Insu-
od of the Insurance shall not exceed the insurance claim limit arranged in the red and, if necessary, other documents and data requested by the Insurance
Insurance Policy. Company, and allow a check of management records during the period of
the Insurance in the form of an inspection of the accounts and accounting
statements or access to the premises;
ARTICLE 9 Security b notify the Insurance Company without undue delay of any change in the
insurable risk that they learn of and that occurs after the execution of the
1 If arranged in the Insurance Policy, the Policyholder shall deposit a security into Insurance Policy, in particular:
the Insurance Company‘s account to the agreed amount and within the agreed b.a deterioration of the financial situation and assets of the Insured;
period of time. The security shall be deposited in the Insurance Company‘s b.b negotiations regarding loans, provision of guarantees with movable
account for the entire period of the Insurance. The security shall be considered and immovable property to third parties, negotiations on the exercise
to be paid at the time it is credited to the Insurance Company‘s account. of the right to compensation for damages from the Insured and, if
2 The Insurance Company shall preferably use the deposited security, including applicable, the Insured‘s guarantee to third parties;
retained revenues, to provide the insurance benefit to the Beneficiary. b.c change in the owner of the Insured;
3 If, during the period of the Insurance, the security falls below the limit set out b.d such organizational, legal and other changes that could have a mate-
in the Insurance Policy, the Policyholder shall replenish it to the agreed limit rial impact on their obligations arising from the Insurance Policy (filing
no later than within 1 month of the date on which they receive the Insurance a petition for bankruptcy or settlement, commencement of liquidation,
Company‘s notice that the limit has been breached. termination of the Insured without liquidation, etc.);
4 If the Insurance expires and no insured event occurs during the period of the b.e any change in the entry in the Commercial Register or another register,
Insurance, the Insurance Company shall return to the Policyholder‘s account change of domicile (seat) or address for delivering notices (hereinafter
the unused part of the security, including retained revenues, no later than referred to as „Written Documents“) no later than within eight days of
within 30 days of the expiry of the Insurance. the change;
5 If the Insurance expires after an insured event, the Insurance Company shall b.f any change of the contact person;
return the remaining part of the unused security, including retained revenues, c properly register, collect in time and immediately recover any debts incurred
to the Policyholder‘s account within 30 days of the provision of the insurance in respect of their operating activities;
benefit to all Beneficiaries who have claimed their right to an insurance benefit d where it concerns termination of the Insurance due to reasons specified in
within the specified term. the Code, return to the Insurance Company the original guarantee certifica-
te or guarantee contract (policy).
3 If the Policyholder, the Insured or the Beneficiary breaches obligations stipu-
ARTICLE 10 Salvage Costs lated in clause 1 or 2 of this Article or some other obligations stipulated in
the Insurance Contract, the insurance company, according to the severity of
1 Beyond the arranged insurance claim limit, the Insurance Company shall reim- the breach, has the right to compensation up to the amount of the indemnity
burse all reasonably incurred salvage costs specified in the Code which the Po- paid, from the person who breached the obligation.
licyholder, the Insured or the Beneficiary incurs to avert an imminent insured 4 The Insurance Company shall:
event or to mitigate the consequences of an insured event, up to the amount a if it learns that there has been a violation of the Contract that could result
of CZK 10,000. in a loss event, initiate an investigation without undue delay to determine
2 If the Policyholder, the Insured or the Beneficiary suffers from any damages in and verify the occurrence, cause and scope of the violation;
connection with the payment of salvage costs, the Insurance Company shall b after completion of the investigation necessary to determine the existence
provide a reimbursement for this damage up to the amount of CZK 10,000. and scope of obligation to pay indemnity, to inform the person who asser-
3 The insurance company is obliged to reimburse costs spent with its consent ted the right to indemnity of the result. On request from the person, the
in full. insurace company will explain in writing the amount of indemnity or reason
for its refusal;
c to pay indemnity within 15 days of completion of the investigation unless
ARTICLE 11 Obligations Arising from the Insurance otherwise agreed in the insurace contract;
d return to the Policyholder, the Insured or the Beneficiary, upon request, the
1 The Policyholder, the Insured or the Beneficiary: documents they have sent or submitted to the Insurance Company, unless
a is obliged to inform and prove to the insurance company without undue they are essential for the administration of the Insurance or provision of an
delay any changes to the facts provided when arranging the insurance that insurance benefit;
may occur within the period of insurance; e inform the Insured without undue delay that the Beneficiary has exercised
b is obliged to enable the insurance company to check any documents nece- their right to an insurance benefit.
ssary for premium calculation and inspection is required by the insurance
company;
after a loss event:
c is obliged, if a loss event has already occurred, to take necessary measures
to mitigate its consenquences and if possible ask the insurance company
for instructions and act in accordance with them;
ARTICLE 12 Right of the Insurance Company to Compensation for Provi- 5 Parties to the insurance are obliged to inform the insurance company without
ded Insurance Benefits undue delay about changes in all facts relevant for delivery and inform each
other of their new postal or electronic address or telephone numbers.
The Insurance Company shall have the right to claim compensation for insurance 6 If the addressee has deliberately obstructed the delivery, it is deemed that
benefits provided by it under the Insurance from the Insured. an act or communication have been properly delivered. The deliberate ob-
struction means particularly the situation in which the addressee does not
communicate in a timely way any change in facts relevant for delivery (particu-
ARTICLE 13 Forms of Legal Acts and Communications larly change of name, surname, corporate name, change of postal or electronic
address, etc.), if the addressee does not receive the document in writing within
1 All legal acts as well as communications related to the insurance are required the period that the item is held at the post office, if the addressee does not
in writing, unless further stipulated otherwise. mark their mailbox sufficiently, if the addressee refuses to receive the docu-
2 A written form is not required in respect for: ment in writing.
a notifying change in name or surname of the policyholder or the insured, in 7 Documents in writing are deemed delivered to the addressee’s sphere:
postal address electronic address, phone number. a if the addressee refused to receive the document; the day of such refusal
b notifying the contact person of the injured will be the moment of delivery;
3 The Policyholder is entitled to take any other legal acts in relation to the b if deposited at the postal services operator; the last day of the period that
insurance company such as a proposal for change in the insurace contract, the item is held at the post office will be the moment of delivery.
proposal for agreement on termination of the insuracne or proposal for any
other two-party legal act in respect of the insurance. Such a proposal made
by the policyholder in a non-written form is accepted at the moment when ARTICLE 15 Release from the duty of confidentiality, authorization
a consenting legal act of the insurance company in writing or confirmation of
acceptance of the policyholder’s proposal in writing is delivered to the policy- 1By entering into the insurance contract the policyholder:
holder. a in the case of loss event occurrence releases the prosecuting attorney’s
4 The policyholder, the insured and beneficiary are also entitled to give other office, police and other investigative, prosecuting and adjudicating bodies
notifications in respect of the insurance in a non-written form. Such a non-wri- or a body in charge of administrative proceedings, fire brigade, medical do-
tten notification in considered to be valid if the insurance company confirms in ctors, medical facilities, the ambulance service and health insurance compa-
writing that they have received the notification or starts to act in compliance nies from duty of confidentiality;
with it. b authorizes the Insurance Company or its representative, in all proceedings
5 Legal acts and communications which do not have to be in writing can be relating to the loss event, to inspect court, police or other official docu-
made in writing, by phone on the phone number of the insurance company ments and make copies or extracts therof;
designated for this purpose and published, through an internet application of c authorizes the Insurance Company or its representative to inspect the do-
the insurance company, through an electronic form available on the official cuments of other insurance companies in connection with handling loss
website of the insurance company or electronically to the electronic address events and their obligation to provide indemnity.
of the insurance company designated for this purpose. Legal acts and com- 2 The consents and authorizations mentioned above apply also to the period
munications which do not have to be in writing must be put in writing if the after the death or termination of the existence of the policyholder as a legal
insurance company requests it. entity.
6 Legal act of notification included in an attachment to an electronic message in
pdf. form or any similar form which sufficiently ensures security of the content
against change is considered to be a document in writing. ARTICLE 16 Interpretation of Terms
7 Legal act in respect of the insurance does not give rise to legal consequences
arising from usual practices in insurance business, if such act or communicati- These interpretative provisions shall apply to the terms used in these VPPZAR-P
on is signed by the relevant person in their own hand. conditions or in the Insurance Policy.
8 If a legal act or communication is carried out from an email address or a te- 1 Security shall refer to money deposited into the Insurance Company‘s ac-
lephone numebr provably provided to the insurance company by a party to count, used to secure the Insured‘s liability (debt).
the insurance, it is deemed to have been carried out by the same party to the 2 Contract shall refer to the legal arrangement between the Insured and the
insurance. For this reason, any party to the insurance is obliged to inform the Beneficiary, having the form of a written agreement.
insurance company of any possible abuse of the email or telephone (e.g. due 3 Guarantee contract (policy) shall refer to a document issued by the Insuran-
to theft, loss, disclosure of access data etc.) without undue delay. ce Company to insure the carrier‘s financial eligibility.
4 Guarantee certificate shall refer to the Insurance Company‘s statement, made
in writing. In that statement the Insurance Company confirms that, under the
ARTICLE 14 Delivery conditions set out in the Insurance Policy, to the extent of and up to the in-
surance claim limit, it shall provide an insurance benefit to the Beneficiary if
1Written Documents refer to legal acts or notices relating to the insurance, the Insured fails to meet their obligations arising from the Contract or from
written and signed. They may be in paper or electronic form. special legislation. The guarantee certificate shall not refer to the guarantee
2 The parties shall deliver written documents: contract (policy).
a in person to a representative of the other party; 5 Advance payment bond shall refer to the Insurance Company‘s written state-
b by means of an accredited certification service provider at an electronic ment that, under the conditions set out in the Insurance Policy and in the gu-
address with a secured electronic signature; arantee, to the extent of and up to the insurance claim limit, it shall reimburse
c through an operator of postal services to the postal address stipulated in the advance payments provided by the creditor to the Insured in accordance
the insurance contract, provably given by the party to the insurance after with the Contract, where such advance payments are made before the perfor-
entering into the insurance contract or to an address discovered in compli- mance of the Contract, if the Insured fails to meet its obligations arising from
ance with legislation; the Contract.
d through electronic mail to an electronic address; 6 Bid bond shall refer to the Insurance Company‘s written statement that,
e through an internet application of the Insurance Company. under the conditions set out in the Insurance Policy and in the guarantee
3 A document in writing sent to an electronic address is deemed delivered on certificate, to the extent of and up to the insurance claim limit, it shall pay for
the day when it is delivered to the addressee’s mail box, in case of doubt, it is damages incurred to the Beneficiary due to failure to enter into the Contract,
deemed to have been delivered on the day when it was sent by the sender. as stipulated in the tender conditions of the award procedure.
4 A document in writing sent through an operator of postal services is delivered 7 Performance bond shall refer to the Insurance Company‘s written statement
on the day when it reaches the address, in case of doubt, it is deemed to have that, under the conditions set out in the Insurance Policy and in the guarantee
been delivered on the third working day after its dispatch. However, if it was certificate, to the extent of and up to the insurance claim limit, it shall pay for
dispatech do an address in a foreign state, it is deemed to have been delivered damages incurred to the Beneficiary due to the Insured‘s failure to meet their
on the fifteenth working day after dispatch, even if the addressee having deli- liabilities (debt) arising from the Contract with respect to the implementation
berately obstructed the delivery, did not know about the item of mail. Unless of work, provision of services or delivery of goods.
otherwise agreed, the decision on the method of delivery (ordinary mail, regi- 8 Maintenance bond shall refer to the Insurance Company‘s written statement
stered mail etc.) is made by the sender. that, under the conditions set out in the Insurance Policy and in the guarantee
certificate, to the extent of and up to the insurance claim limit, it shall pay the
costs of maintenance of buildings and facilities after their actual completion has not retained and, instead, paid to the Insured prior to the maturity date of
or delivery in accordance with the Contract, if the Insured fails to meet their the retention fee, if the Insured fails to meet their obligations arising from the
liabilities (debt) arising from the Contract. Contract.
9 Retention bond shall refer to the Insurance Company‘s written statement that,
under the conditions set out in the Insurance Policy and in the guarantee
certificate, to the extent of and up to the insurance claim limit, it shall pay to Note: This is a translation; in case of dispute the Czech version shall prevail.
the Beneficiary the retention fee agreed in the Contract, which the Beneficiary