Non Tidal Motor Boat Sample Policy

Thank you for choosing Craftinsure.ie Craftinsure Ireland Ltd provides an online insurance facility on behalf of Tokio Marine Europe SA. We can assist you with both policy and claims administration but most policy administration can be carried out by you online. As Craftinsure is an online insurer it is intended for this policy to be viewed in electronic format. A definition applies to any word shown in bold italics. To view the definition, simply click on the word. You can also view and download the definitions at www.craftinsure.ie.

Governing Law

Your policy is governed by the law that applies to where you reside in the Republic of Ireland.

Relevant to the entire policy

• This policy is an agreement between you, Mr A Sample, and us. It is based on the information you gave to us for the Insurance of Motor Boat (Non-Tidal), “Boat Name”, €50,000, and is in place following payment of the premium for the period DD/MM/YYYY to DD/MM/YYYY.
• This policy is non-transferable.

Definitions:

Click on words when viewing this policy online to see their definition.

Territorial Scope:

Ashore or afloat on inland non tidal waters and interconnecting tidal waterways of Ireland.

Accidental Damage & Theft cover. What is covered:

We will pay for physical loss or damage to “Boat Name” whilst ashore or afloat, being lifted, hauled out or launched, or in transit by road within the Republic of Ireland (provided by professional road haulier if over 30ft in length).

What is not covered:

• Loss or damage due to wear and tear, depreciation, gradual deterioration, or mildew.
• Theft from the interior of “Boat Name” or place of storage ashore unless following forcible and violent entry, or theft of gear and equipment from the exterior of the boat unless violence and force are used.
• Loss or damage resulting from electrolysis, osmosis or similar conditions.
• Loss or damage to motors, electrics, batteries and their connections unless directly caused by “Boat Name” grounding or sinking (provided not due to a cause excluded within this policy), or by fire, contact with an external substance (other than water), malicious damage, theft, sudden accidental incursion of water following an identifiable and unexpected occurrence, dropping off or falling overboard of outboard motors, or by frost (providing all manufacturer’s recommendations have been followed).
• Theft of outboard motors whilst attached to “Boat Name” or her tender(s) unless securely locked by an anti-theft device which prevents retaining bolts or clamps being undone, and unless you have recorded the engine serial number.
• Loss of or damage to consumable stores or moorings.
• Protective covers more than 3 years old split by the wind or blown away.
• The cost of making good any defect in repair or maintenance, or replacing or renewing any defective part, or making good any fault or error in design or construction.
• Claims for loss of use of “Boat Name”

Conditions which apply:

• We will pay the reasonable cost of repair for loss or damage not exceeding €50,000 Reasonable replacement or repair may not result in the appearance and condition being the same as that prior to the claim. In the event of total loss or constructive total loss, we will pay €50,000 or at our option, provide a replacement boat of a similar age, size and type.
• In the event of Constructive Total Loss, we will be entitled to retain any salvage.
•  We will not pay for unrepaired damage in the event of a subsequent total loss.
•  In the event of loss or damage to outboard motors, and only where the serial number is supplied, We will pay the reasonable cost or repair or reinstatement but not exceeding the market value at the time of loss which will be calculated as the new replacement price less a deduction of 10% per year since new, up to a maximum deduction of 70%. In respect of Outdrive Leg units over 5 years old, a deduction of 5% per year since new, up to a maximum deduction of 50% will apply where replacement is required.
•  We will pay reasonable costs of inspecting the bottom of your boat after grounding, provided incurred specifically for that purpose, even if no damage is found.
•  We will pay reasonable costs incurred, including salvage, in preventing or minimising a loss covered by this insurance.

Personal Effects. What is covered:

The personal effects of “Mr A Sample” are covered against loss or damage whilst on board or used in connection with “Boat Name” up to a limit of €1,500.

What is not covered:

• any article valued over €500 unless agreed in writing by us.
• Wear, tear, gradual deterioration, damp, mould, moth, mechanical and electrical failure or breakdown.
• Breakage of items of a fragile nature unless caused by “Boat Name” grounding, or being in collision, or due to fire, theft or attempted theft.
• Loss of cash, travellers cheques, credit or debit cards, postage stamps, and any other negotiable instruments or documents with a monetary value or cost to reinstate.
• Loss or damage to jewellery, antiques, works of art, software, spectacles, or mobile phones.
• Theft unless following forcible and violent entry or exit, or following forcible and violent removal from the exterior of your boat.

Liability to Others. What is covered:

• We will cover your legal liability to compensate other people if someone dies or is injured, or property is lost or damaged as a result of your interest in “Boat Name” up to a limit of €5,000,000 in respect of any one accident (which shall be deemed to include a series of accidents occurring in connection with or arising out of any one event) but unlimited in the aggregate.
• We will also pay for law costs incurred in settling or defending any claim providing we have given written consent.
• Subject to the policy terms and limitations, cover extends to any person in charge of“Boat Name” with your permission, but not to persons employed by you.
• We will pay for all expenses properly incurred by you in connection with Official Inquiries, and Coroner’s Inquests.
• We will pay reasonable costs of attempted or actual raising, removal or destruction of wreck resulting from loss or damage covered by this insurance.

What is not covered:

We will not pay for any liability claims arising from:  

• Liabilities to third parties whilst “Boat Name” is in transit by road (which should be covered by the vehicle insurance).
• Accidents or illness to any persons employed by you in connection with “Boat Name”
• Costs of defending any criminal prosecution, or the payment of any fines or penalties.
• Contractual liability

Exclusions which apply to the whole policy

The first €250 of any claim, doubled in respect of claims for damage to underwater gear.

The excess is reduced to €150 in respect of Personal Effects, tenders, and outboard motors not exceeding 10hp, or where a claim occurs within a marina.

We will not pay any claims arising from:

• Hire, charter, or any other commercial activity or use as a static houseboat.
• Any chemical, biological, bio-chemical or electromagnetic weapon.
• Malicious computer codes, or from the failure of a computer chip or computer software
• Wilful misconduct or acts of recklessness by you, or those to whom this policy extends, including but not limited to when under the influence of alcohol or drugs.
• Pollution or contamination unless directly caused by a sudden, identifiable, unintended and unexpected incident occurring entirely at a specific time and place during the period of insurance.
• Any punitive or exemplary damages and criminal prosecution or defence costs

Terrorism: Excluding any loss, damage, liability, cost or expenses of whatsoever nature directly or indirectly caused or caused by or happening through or in connection with any act of Terrorism.

Radioactive contamination: Excluding any loss of or damage to your Insured Property or additional expense following on from the event for which You are claiming or any legal liability directly or indirectly caused by or contributed to or arising from:

• ionising radiations or contamination by radioactivity from any irradiated fuel or from any nuclear waste from the combustion of nuclear fuel; or
• the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or of its nuclear component;

Sonic bangs: Excluding loss or damage by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.

War risks exclusion: In no case shall this Insurance cover loss damage liability or expense caused by war, civil war, revolution, rebellion, insurrection or civil strife arising therefrom, or any hostile act by or against a belligerent power capture, seizure, arrest, restraint or detainment (barratry and piracy excepted), and the consequences thereof or any attempt thereat, derelict mines, torpedoes, bombs or other derelict weapons of war.

Riots and civil commotion: Excluding any loss, damage or liability caused by or happening through riot or civil commotion outside the Republic of Ireland

Cyber Attack: Excluding any loss, damage, liability or expense directly or indirectly caused by or contributed to, by, or arising from the use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, malicious code, computer virus or process or any other electronic system.

Coronavirus Exclusion: excluding any claim in any way caused by or resulting from:

• Coronavirus disease (COVID-19);
• severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
• any mutation or variation of SARS-CoV-2;
• any fear or threat of the above.

Sanctions

Your Insurers shall not be deemed to provide any cover and shall not be liable to pay any claim or provide any benefit under this Policy to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose Your Insurers to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.

You have agreed:

• “Boat Name” is constructed of fibreglass, aluminium or steel and does not exceed 50ft (15.25m) in length.
• The boat will never exceed 25 knots.
• The permanent home mooring of “Boat Name” is in Ireland.
• “Boat Name” will be maintained in a proper state of repair and seaworthiness, and in the case of trailers, roadworthiness, and will exercise due care and diligence in safeguarding your boat and property.
• Any tender will be marked with the name of the parent boat.
  
• If over 30 years old and more than 23ft in length, the boat has an out of water survey report not more than 5 years old from a qualified yacht surveyor with all recommendations complied with.
  

Information you should provide

• It is important that you check the information shown in your policy documentation, as your cover is based on the information you have given us during the application process or subsequently, as confirmed in your most recent documents. Although We may undertake checks to verify your details, you must take reasonable care to ensure all the information provided by you or on your behalf is, to the best of your knowledge and belief, accurate and complete.

You must tell us immediately if at any time any of the information is incorrect or changes. If we have wrong information, this may result in an increased premium and /or claims not being paid in full, or your insurance may not be valid and claims not paid. If in doubt about any information, please contact us as soon as possible.

Changes in information we need to be informed of include, but are not limited to, the following examples and apply equally to all persons covered under the policy:

• Accidents or theft involving a boat, whether or not resulting in a claim
• Convictions or pending prosecutions for any criminal offence
• Make or model of boat, modifications or use of the boat, or where the boat is moored
• Any health matters affecting ability to operate the boat

Your insurance may not be valid until we have agreed to accept your changes and we will be entitled to vary the premium and terms for the rest of the period of insurance.

You should keep a record of all information supplied to us in connection with this insurance

Cancellation

• You can cancel this insurance at any time at www.craftinsure.ie by accessing your Existing Customer pages of the website, or by emailing us.
• If you have made a claim during the current period of insurance and cancel the policy, there will be no refund of premium. Please refer to the Terms & Conditions on our website.
• You can cancel cover within the first 14 day "cooling off" period, if you haven't made a claim. 

Automatic Renewal:

In accordance with the Terms & Conditions accepted when purchasing or renewing your policy, We will until further notice charge the credit or debit card registered with us when payments become due. Renewal terms will be emailed to you 30 days prior to the renewal date. We may vary the terms of the policy (including the premium) at renewal. On the renewal date, we will automatically apply for payment of the premium due. If you do not want to renew the policy, provided you tell us or cancel your policy online before the renewal date, we will not renew it.

Accidents and Claims:

Click on the heading "Claims" on our website and complete the online claim form.

• You must tell us immediately about any accidents, claims or legal proceedings in connection with this policy by e-mail to claims@craftinsure.ie or by phoning +353 (0) 1 285 9631.
• You will give us full information of the circumstances of the incident and of all claims made, with names and addresses of claimants and witnesses of the accident, as soon as possible.
• We can decide where repairs shall be carried out and may require a number of quotations.
• No liability shall be admitted, nor any offer, promise or payment made by you, nor legal expenses incurred without our consent. We shall be entitled to take over, and conduct in your name, the defence of any action.
• You must send all claims, letters, summonses or writs relating to any accident to us immediately. We will decide how to settle or defend a claim, and may bring or defend proceedings in the name of any person covered by the policy, including recovery proceedings.
• In the event of any claim arising which is also recoverable under any other insurance, we shall only be liable for our due proportion of such a claim.
• If a claim is false or fraudulent in any way, we will not make any payment and the policy will be void.

Our Complaints Procedure:

We aim to provide a high standard of service that will leave you no cause for complaint. However, if you feel we have not met the high standard you would expect of us, any enquiries or complaints regarding your policy may be addressed to complaints@craftinsure.ie or by post to the Managing Director Arachas Ltd The Courtyard, Carmanhall Rd, Sandyford Business Park, Sandyford, Dublin D18X377.

If necessary, we will arrange for your complaint to be handled by Tokio Marine Europe or their representative, however, if this is the case, the below process will still apply.

If you wish to contact Tokio Marine Europe directly, please use the following contact details:

TME Head of Legal & Compliance

26 Avenue de la Liberté

L-1930 Luxembourg

Luxembourg Email: TMEComplaints@tmhcc.com

In the case that you are still not satisfied with the final response of TME, You may still have the right to refer your complaint to the Insurance Ombudsman or the Commissariat Aux Assurances (CAA), free of charge. You can find more information on the Insurance Ombudsman and the CAA using the contact details below:

Insurance Ombudsman

Commissariat Aux Assurances

Contact us:

Craftinsure Ireland Ltd provides an online insurance facility on behalf of underwriters, Tokio Marine Europe SA We can assist you with both policy and claims administration.

The administration of your policy can be carried out on line at www.craftinsure.ie where you can: Within the Existing Customer pages, change your details, the boat details or payment method. Within the Claims pages, submit a new claim or track the progress of an existing claim

Please email us at customersupport@craftinsure.ie or if required use the TELEPHONE HELPLINE +353 (0) 1 285 9631 to advise us about any changes required to your policy and general administration matters.

To report or discuss a claim you can email us at claims@craftinsure.ie or call the TELEPHONE HELPLINE number above.

This insurance is underwritten by Tokio Marine Europe S.A. Trading as Tokio Marine HCC, which is a member of the Tokio Marine HCC Group of Companies. Tokio Marine Europe S.A. is authorised by the Luxembourg Minister of Finance and regulated by the Commissariat aux Assurances (CAA). Registered with the Registre de commerce et des sociétés, Luxembourg under No. B221975 and with registered office at 26, Avenue de la Liberté, L-1930, Luxembourg.