Terms and conditions

TERMS AND CONDITIONS

TERMS AND CONDITIONS

regarding the electronic issuance method of insurance policies ordered through the ComodAsig application of the company COMOD ASIG GRUP SRL INSURANCE-RESEARCH BROKER.

 

Please, as a visitor to our website, carefully read the Terms and Conditions on the COMOD ASIG application. Your continued use of the website and the placement of your insurance quote request, processing and issuing insurance policies, represents your agreement to these Terms and Conditions.

For all information on this website, the copyright is held by the COMOD ASIG GRUP S.R.L. INSURANCE-RESURGENCY BROKER. No material on this website or in this document may be reproduced in part, in whole or modified without the express consent of BAR ”COMOD ASIG GRUP” SRL, or by the holder of this right.

 

Contents:

  1. Legal data and general information about COMOD ASIG GRUP S.R.L. INSURANCE-RESASURANCE BROKER

  2. Notions.

  3. Privacy policy regarding the processing of personal data.

  4. Cookie information policy.

  5. Insurance conditions.

  6. Obligations of the insurer and the insured.

  7. Placing the online quote request (and calculating the insurance premium).

  8. Conclusion of insurance contracts.

  9. Language of the insurance contract.

  10. Payment of the insurance premium and online payment conditions.

  11. Other expenses related to the conclusion of the insurance contract.

  12. Amendment, termination, cancellation and nullity of the insurance contract.

  13. Complaints.

  14. Amendment of information in this document.

 

 

1. Legal data and general information about B.A.R COMOD ASIG GRUP SRL

Name: COMOD ASIG GROUP INSURANCE-RESURRECTION BROKER SRL

Address: Chisinau, Mihail Lomonosov str., 38, ap. (office) 40

e-mail: comodasig@gmail.com 

tel./fax: 068628826

Fiscal code: 1025600012513

Bank code: MD88AG000000022516590956

BC: BC "Moldova-Agroindbank" SA AGRNMD2X

Administrator: Rebeja Vadim

 

2. Notions.

2.1. General insurance concepts:

insurance activity - activity consisting mainly of: offering, negotiating and concluding insurance and reinsurance contracts, collecting premiums, settling claims, carrying out recourse and recovery actions;

insurance agent - a natural person or legal entity carrying out professional activity based on the mandate granted by the insurer, having the right to conclude, in the name and on behalf of the insurer, insurance contracts with third parties, according to the conditions stipulated in the mandate contract, without having the quality of insurer, non-insurer, bancassurance agent or insurance and/or reinsurance broker;

insurance - transfer of a possible risk, including the risk of financial loss and/or material damage, from the insured to the insurer, in accordance with the insurance contract;

insured - a person who has concluded or for whom an insurance contract has been concluded with the insurer;

insurer (reinsurer) - a legal entity registered in the Republic of Moldova which, under the law, holds a license to carry out insurance (reinsurance) activity;

supervisory authority - the National Financial Market Commission;

insured event - insured risk, provided for in the insurance contract, the occurrence of which gives the insured the right to be indemnified or compensated by the insurer;

acquisition costs - expenses incurred in concluding insurance contracts. They include both directly attributable expenses, such as acquisition commissions and expenses for opening a file or accepting insurance contracts in the portfolio, and indirectly attributable expenses, such as advertising expenses or administrative expenses related to processing applications and issuing insurance policies;

insurance conditions - a set of rules and conditions approved by the insurer for the purpose of regulating the underwriting of risks specific to insurance products and establishing legal relations between insurance subjects.

insurance contractor – a person who concludes an insurance contract to insure a risk concerning another person and obliges himself to the insurer to pay the insurance premium, without obtaining the status of insured;

deductible – part of the damage suffered by the insured, which is established as a fixed amount or a percentage of the insurance indemnity or of the insured amount and which is provided for in the insurance contract;

gross written premium – premium calculated by the insurer (reinsurer) according to an insurance (reinsurance) contract, before deducting any amounts from it;

risk – inconvenient, possible and future event that could affect the property, working capacity, life or health of the person;

insured risk – phenomenon, event or group of phenomena or events provided for in the insurance contract which, once produced, may generate damage to the property or the insured person. (In life insurance, the phenomenon of survival and the phenomenon of death fall under the notion of insured risk); reinsurance - partial or full transfer of risks underwritten by an insurer, called reinsured (cedant), to another insurer, called reinsurer (assignee), which, in turn, undertakes to recover a corresponding part of the insurance compensation granted;

 

2.2. Specific concepts of compulsory civil liability insurance for damages caused by motor vehicles:

motor vehicle accident - an unforeseen, accidental event caused by one or more motor vehicles, which causes damage to persons and which may give rise to claims for compensation;

compulsory civil liability insurance for damage caused by motor vehicles (hereinafter referred to as compulsory motor liability insurance) - an insurance contract, proven by the RCA insurance policy and/or "Green Card" insurance certificate, by which an insurer licensed, under the terms of this law, to practice compulsory motor liability insurance undertakes, based on a premium paid by the insured, to compensate for the damage caused by a motor vehicle accident during the validity period of the insurance contract;

motor vehicle - a self-propelled land mechanical system, except for one that circulates on its own, for the transport of passengers, luggage and goods or that performs any other works and services related to transport - cars, buses, minibuses, trolleybuses, trucks, including specialized ones, motorcycles, tractors.

partial damage – damage to the vehicle to the extent that the reconditioning or replacement of the component parts and damaged parts is possible and the value of the actual damage incurred does not exceed 75% of the value of the vehicle at the date of the accident;

total damage – destruction or damage to the vehicle to the extent that the reconditioning or replacement of the component parts and damaged parts is no longer possible or where the value of the actual damage incurred exceeds 75% of the value of the vehicle at the date of the accident;

claim file – file that includes all the documents necessary to establish and resolve the insurance case;

injured party – any person entitled to receive insurance compensation for any damage or bodily injury caused as a result of a vehicle accident;

RCA insurance policy - compulsory motor third party liability insurance policy valid within the territory of the Republic of Moldova, which proves the conclusion of the compulsory motor third party liability insurance contract;

"Green Card" insurance certificate - international insurance document, issued in the name of a national office, which certifies the existence of compulsory motor third party liability insurance valid outside the territory of the issuing country, in accordance with Recommendation No. 5 of January 25, 1949, adopted by the Road Transport Subcommittee of the Inland Transport Committee of the United Nations Economic Commission for Europe;

vehicle owner - the legal owner of the vehicle, as well as the person who owns the vehicle under a rental agreement, leasing agreement or other titles provided for by law;

damage - negative effect suffered by the injured individual or legal entity as a result of the occurrence of a risk covered by a compulsory motor third party liability insurance contract; General Regulations of the Council of Bureaux - official document, adopted by the Council of Bureaux in Rethymno (Crete) on May 30, 2002, which incorporates all the mandatory provisions governing the relations between the national bureaux of insurers in the member states of the International Insurance System "Green Card";

vehicle user - any person who drives the vehicle: the insured, the persons provided for in the insurance contract, other persons who drive the vehicle with or without the consent of the owner; in the framework of driver training courses, the person who provides training in driving the vehicle is considered a user;

Bonus-Malus system - a system of reductions and increases in the compulsory motor third party liability insurance premium granted depending on the history of insurance and claims;

residual value - the value of the parts of the vehicle that remain undamaged, can be dismantled and can be used in the event of a total loss of the vehicle.

 

2.3. Other notions:

IP address - is a number used exclusively by all information technology equipment (routers, modems, computers, smartphones, etc.) that allows them to identify themselves and communicate with each other in a computer network;

electronic communication channel - mechanism through which a person can initiate a discussion with the insurer and receive responses, such as: official email, chat integrated into the site (JivoChat), official page in social networks and other applications or online messaging platforms accepted by the insurer;

bank card - credit or debit card, issued by a bank, constituting a cashless payment instrument, which offers the holder the opportunity to perform electronic settlement operations with monetary means;

cookies - special text files, kept by the site visitor's browser, stored on his device, which can be used to recognize visitors, to adapt the page to the previously displayed content and/or implement the "shopping cart" system;

link – is a reference to a web page, through which the User of the web page is offered the possibility of navigating from one page to another, to access the reference the User must click on the provided link;

offer – the price proposal and insurance conditions submitted by the insurer, through various communication channels, as a result of completing an electronic form, in written form or verbal request and providing by the applicant the data necessary to form the respective offer, including the provision of personal data;

online payment – ​​performing electronic settlement operations of funds, with bank cards, by providing a unique link on the bank's secure web page.

electronic insurance policy – ​​the insurance policy issued by the insurer based on a written application or electronic request, as a result of the agreement of the contractor/insured on these Terms and Conditions, the payment of the insurance premium by electronic means of payment and the transmission of the insurance policy to an electronic address indicated in the application/request;

website visitor – natural person or legal entity representative who, through electronic means, opened the website www.comodasig.md in order to obtain some information, contact the company or initiate an online purchasing procedure; also considered to be a browser or user of the website.

 

3. Privacy policy regarding the processing of personal data.

  1. The processing of personal data is carried out with the consent of the applicant after having read this document. COMOD ASIG GROUP INSURANCE-RESURRECTION BROKER S.R.L. processes personal data in accordance with the provisions of LAW No. 133 of 08.07.2011 on the protection of personal data.
  2. In the event of the incapacity or limited capacity of the subject of personal data, consent to the processing of personal data is granted, in writing, by his legal representative. And the signing of the insurance contract can only be carried out with the legal representative.
  3. By submitting personal data, the user agrees to their processing for the purpose of obtaining offers, contracts and insurance policies as well as other information or documents. If the User does not wish to provide his/her personal data online, through electronic communication channels, then he/she will contact the territorial offices directly to resolve the request. Users who do not wish to transmit personal data through electronic communication channels cannot benefit from online and electronic offers and/or insurance services.
  4. COMOD ASIG GRUP S.R.L. INSURANCE-RESAGREMENT BROKER obtains information about the IP address of the User's device. This information is not used to identify individuals.
  5. In accordance with the provisions of art. 12–18 of Law no. 133 of 08.07.2011 on the protection of personal data, the subject of personal data has the right to information, the right to access personal data, the right to intervene in personal data, the right to object of the subject of personal data, the right not to be subject to an individual decision, the right to access justice.
  6. COMOD ASIG GRUP S.R.L. INSURANCE-RESURGENCY BROKER respects the confidentiality and security of personal data processing and the other provisions of LAW No. 133 of 08.07.2011 on the protection of personal data.

 

4. Cookie information policy.

The site https://comodasig.md/ uses cookies, and accepting this document and continuing to browse and/or place an order represents your acceptance of the use of cookies.

 

5. Insurance conditions.

  1. The insurance conditions of the insurer are binding on the insured if the contract expressly provides for their application and if they are set out in the text of the contract or on the back or are an integral part of the contract in the form of an annex. If the insurance conditions are presented in annexes to the insurance contract, the fact of the handing over of the annexes by the insurer to the insured shall be notified in the text of the contract.

  2. The insured has the right to familiarize himself with the insurance conditions of the insurer, specific to the insurance products, before signing the insurance contracts. The issuance of RCA insurance policies and "Green Card" insurance certificates takes place on the basis of Law no. 414 of 22.12.2006 on compulsory civil liability insurance for damage caused by motor vehicles and other normative acts in force.

  3. Specific insurance conditions for issuing a voluntary health insurance policy for citizens temporarily going abroad, electronically, are:

    • If at the time of placing the order and paying for the electronic insurance policy, the insured person is not on the territory of the Republic of Moldova, the insurer's liability begins after 72 hours, calculated from the date of receipt of payment, even if the insurance policy has entered into force.

    • Payment takes place via electronic means of payment or transfer.

    • The issuance of the electronic insurance policy takes place only after receipt of payment by the insurer.

    • The policy is sent via email and optionally via other electronic communication channels, to a recipient indicated by the contractor/insured.

    • The contractor/insured is obliged to confirm receipt of the insurance policy and the correctness of the information entered as a response through the same communication channel. Thus, recognizing the legal relationships based on the received insurance policy and the insurance conditions.

 

6. Obligations of the insurer and the insured.

Obligations of the insurer.

 The insurer is obliged:

  • To inform the insured, in an appropriate form, of the insurance conditions;
  • To make the payment, upon the occurrence of the right of the insured or the insurance beneficiary to collect the insured amount or the insurance compensation, within the term established in the insurance conditions;
  • To compensate the insured for the expenses related to avoiding the occurrence of the insured event or the timely limitation of the damages subject to compensation;
  • To maintain the confidentiality of information about the insured and the insured persons, of which he became aware in the insurance process;
  • The law and the insurance contract may also provide for other obligations for the insurer;

 

Insurer's obligations:

The insured is obliged:

  • To inform the insurer, upon conclusion of the contract, of all essential circumstances relating to the extent of the risk being insured;
  • To inform the insurer of other insurance contracts concluded on the respective object;
  • To pay insurance premiums on time;
  • To take actions dependent on him to avoid the occurrence of the insured event or to limit the damage caused by its occurrence;
  • To inform the insurer of the occurrence of the insured event as soon as he learns about it;
  • The law and the insurance contract may also provide for other obligations for the insured;

 

7. Placing the online quote request and calculating the insurance premium.

  1. The online application is placed by filling out the specific form. The application can only be processed if the site visitor has read this document and has manually and consciously checked "I have read the terms and conditions and agree to them".

  2. Persons placing requests for offers have full capacity to exercise. The insurer has the right, prior to signing the insurance contract, to identify the contractor/insured who submitted the online request.

  3. In order to calculate the insurance premium and possibly issue the insurance contract, the insurer's representative has the right to request other information not specified in the form.

  4. The method of communication and completion of the application can be done in writing, through electronic methods of communication and correspondence or verbally.

  5. The calculation of the insurance premium is carried out by the Insurer based on the applicant's request. Processing takes place through electronic systems and according to the tariffs approved by the Insurer.

 

8. Conclusion of the insurance contract.

  1. To conclude the insurance contract, the insured submits a written proposal (application) to the insurer, including electronically, in which he indicates his own interest and that of the insurance beneficiary, or verbally declares that he wishes to conclude an insurance contract.

  2. The insurance contract can be concluded in favor of several beneficiaries.

  3. The insurance contract is concluded in written form.

  4. The insurance contract consists of the contractor's application, the insurance policy issued by the insurer and the applicable general insurance conditions, as well as other contractual conditions included in the contract according to the law.

  5. The provisions of p. 8.4 do not affect the right of the parties to draw up a single document that will include the entire insurance contract.

  6. The insurance contract cannot be proven by witnesses, even if there is a beginning of written evidence.

  7. Proof of the conclusion of the insurance contract also results from the submission of an insurance document, such as an insurance policy (certificate), from the request for payment of the premium or from the document stating that this payment has been made or from any document from which the fact of the conclusion of the contract emerges.

  8. The insurer is obliged to deliver to the insured a copy, signed by him, of the insurance policy.

  9. If the insurance contract, including RCA, is concluded using electronic means, and the person has not applied the advanced qualified electronic signature, it is presumed that by paying the insurance premium, the contractor has consented to the conclusion of the contract.

  10. The insurance policy will indicate:

    • name or denomination, domicile or registered office of the contracting parties;
    • where applicable, name or denomination, domicile or registered office of the insured and/or beneficiary; object of insurance; risks insured;
    • beginning and duration of the insurance period;
    • the insured amount and, if agreed, the part of the damage that the insurer does not compensate (deductible);
    • insurance premium, place and terms of payment;
    • other data, according to the law or agreement between the parties

  11. The steps taken on the ComodAsig application to conclude the insurance contract/policy by the User:

    • takes note of this document - "Terms and Conditions" and agrees to the processing of personal data,
    • provides additional information necessary for the submission of an offer by the operator BAR COMOD ASIG GRUP SRL,
    • receives the insurance offer, grants acceptance for the received offer and the insurance conditions,
    • chooses the payment method and makes the payment,
    • receives a copy of the insurance contract/policy.

 

9. Language of the insurance contract.

The language used in legal relations between the insurer and the policyholder is the state language.

 

10. Payment of insurance premium and online payment conditions.

  1. The insurance premium represents the amount that the insured is obliged to pay to the insurer, upon issuance of the insurance policy, in the manner and within the term provided by the insurance contract, in exchange for the insurer taking over the insured risk.

  2. Payment of the insurance premium is made in full or in installments payable on the due dates provided for in the contract, at the headquarters of the insurer or its representatives, unless otherwise provided for in the insurance contract.

  3. The insurance premium is paid in full for the entire insurance period specified in the RCA insurance policy and/or in the "Green Card" insurance certificate.

  4. Proof of payment of the insurance premium lies with the insured, the document proving it being the cashier's check or payment order.

  5. Online payment can be made through:

    • MAIBPAY secure module of BC "Moldova-Agroindbank" S.A.,
    • through Payment Service Providers: "Qiwi-M" SRL, "BPAY" SRL. "MMPS COM" SRL

  6. The operator B.A.R COMOD ASIG GRUP S.R.L. may request that the contractor submit the document confirming the online payment in order to optimize the time for issuing the insurance policy.

  7. Through the VISA and MasterCard payment systems.

 

11. Other expenses related to the conclusion of the insurance contract.

The contractor does not bear any additional costs associated with concluding the insurance contract, except for the payment of the insurance premium.

 

12. Amendment, termination, resolution and nullity of the insurance contract.

  1. The modification and termination of insurance contracts can be carried out based on a written request, submitted to the representative offices, territorial offices or the central office of COMOD ASIG GRUP S.R.L. INSURANCE-RESURRECTION BROKER, by the contractor/insured or another person authorized to do this act.

  2. The insurance contract terminates in the following cases:

    • By right;
    • By resolution;
    • By nullity.

  3. The legal termination of the insurance contract may occur:

    • by agreement of the parties;
    • upon the expiration of its term of action;
    • upon the fulfillment by the insurer of its contractual obligations;
    • upon the liquidation of the contractor/insured legal entity or upon the death of the insured individual;
    • upon the liquidation of the insurer, in the manner established by law;
    • in other cases provided for by law.

  4. Termination of the insurance contract:

    • Termination represents the termination of the insurance contract, at the initiative of one of the parties, as a result of the non-performance of the contractual obligations by the other party.
    • The insurance contract may be terminated, at the request of the insurer or the contractor/insured, only if the opposing party does not honor its obligations under the contract or violates the legislation, respecting a notice period of 30 days;
    • The insurer declares the termination by written declaration to the contractor even if another person has the status of insured or beneficiary of the insurance.
    • Upon termination of the insurance contract as a result of the extinction of the insured interest, the contractor/insured owes only that part of the premium that corresponds to the duration of the risk. The insurer may request an appropriate fee for the expenses and operations made to conclude the insurance contract.
    • In the event of termination of the insurance, the insurer is only entitled to the premium that is attributed to the insurance period that actually elapsed before the date of termination. However, in the event of termination of the insurance, the insurer retains the premium for the entire insurance period, if an insurance event has occurred.
    • If the termination occurred due to the unjustified failure to perform the obligation of one of the parties, the right of the other party to compensation for the damage remains unaffected. In particular, in this case, the insurer may request reimbursement or, as the case may be, may retain the management costs even if the insurance period has not run or has been suspended, as well as, under the conditions provided for in art. 942 of the Civil Code, may request late payment interest or penalty on the amounts to which it is entitled after termination.
    • Upon termination of the insurance contract, the insurance premiums for the full months remaining until the expiration of the contract are returned to the contractor, withholding the amount of the actual management costs.
    • The parties may also request termination of the insurance contract in other cases expressly provided for by law, insurance conditions or contract.
    • The termination of the insurance does not extinguish the insurer's obligation related to an insured event occurring within the insurance period that actually ran before the date of termination.
    • The termination of the insurance contract concluded for a period of 12 months cannot take place, and the insurance premium for the remaining months cannot be refunded, if the insurance contract has produced legal effects for a period of at least 10 months.
    • The termination of external motor third party liability insurance contracts with an insurance period of less than one calendar month cannot take place.
    • Nullity of the insurance contract

    • The insurance contract is null and void in the cases provided for by the legislation in force of the Republic of Moldova, or if it was concluded:

      a) under conditions that contravene the Law on Insurance and/or that disadvantage the insured person's situation in relation to the legislation in force in the Republic of Moldova;

      b) with a person not authorized to conclude contracts on behalf of the insurer;

      c) after the occurrence of the event for which the insurance contract provides for the payment of the insurance indemnity.

    • In the event of the absolute nullity of the insurance contract, the Insurer will refund to the Insured the insurance premiums collected, excluding management costs, only if the Insurer has not paid insurance indemnities based on the insurance contract declared null. The Insurer may claim compensation for the damage caused by the insurance contract declared null. The Insurer is not obliged to refund the premiums collected under the insurance contract cancelled on the grounds of fraud.

 

13. Complaints.

Any complaint can be officially registered by sending the text of the reasoned complaint to the email address comodasig@gmail.com or be physically submitted to the legal address of COMOD ASIG GROUP INSURANCE-RESEARCH BROKER S.R.L.

 

14. Changing the information in this document.

  1. The information provided on this site is subject to change. B.A.R COMOD ASIG GRUP S.R.L. has the right to change the information or part of the information contained on this page without prior notice to Users. The display on the website and the ComodAsig application of the new document is accompanied by information on the changes made. This document, as well as its amendments, are available to the User on the page https://comodasig.md/.

  2. A User's use of the Site after making changes to the "Terms and Conditions" section is equivalent to familiarizing themselves with them, understanding and accepting them.

  3. The published data has been updated:

    • Upon the emergence of new insurance products of Comod Asig Grup.
    • Upon updating the insurance conditions of Comod Asig Grup.
    • Upon the emergence of new payment methods or the updating of the conditions of existing payment methods.
    • With the emergence of new legislation or amendments to existing legislation and regulations relating to insurance.
    • With the emergence of new legislation or amendments to existing legislation.