Terms and Condition for Cargo Insurance and Intermediation
The Cargo Insurance is underwritten by Zurich Insurance plc (“Zurich”), acting through its branches and distributed by Maersk A/S, (“Maersk”).
Maersk, a Danish shipping and logistics company, incorporated in Denmark with registration number CVR no. 32345794 and its registered address at Esplanaden 50, DK-1263, Copenhagen (K) Denmark, is an ancillary insurance intermediary which is authorised and regulated by the Danish Financial Services Authority.
Zurich Insurance plc is an insurance company incorporated in Ireland, registered under number 13460, with registered office at Zurich House, Frascati Road, Blackrock, Dublin, A94 X9Y3, Ireland. It is authorized by the Central Bank of Ireland. You may find information on the branch through which Zurich provides cargo insurance in the Insurance Product Information Document and/or the policy wording which can be accessed in the Section 1 - “Information on the Insurance Product”.
Information on the intermediation services can be found in section 2 “Terms and Conditions for Intermediation of Cargo insurance by Maersk A/S” below.
SECTION 1 - INFORMATION ON THE INSURANCE PRODUCT
The full terms and conditions of the Policy, key features, the Insurance Product Information Document (IPID) if applicable, and important information on the conditions of cover and operation of your Policy are available here.
Cover is only available under the Policy:
i) to legal entities for commercial use only: by accepting the Policy offered, you confirm that you are a commercial undertaking using the insurance for commercial purposes.
ii) with a limit of EUR 1 Million
iii) in relation with cargo which is transported (in full or in part) by Maersk
iv) It is not offered for the commodities such as: antique and collectors’ pieces, explosives, flammables, high value pharma, flowers and plants, consolidated cargo, diplomatic goods, and personal effects. For the commodities not covered you will receive rejection at the time of requesting a quotation. We reserve the right to revisit excluded commodity list at any point of time.
Period of Cover
The cargo is covered from the time of receipt until delivery. The Policy covers door to door transportation and including any period of storage not requested by the insured, regardless of mode of the transportation or storage, or service provider. The Policy is valid from the country specified as place of receipt at the time of the booking of the cargo transport services, to the country specified as delivery country at the time of booking with Maersk.
What is the law governing the Policy?
The law governing your Policy is the law of the country where the Zurich entity underwriting the policy is established.
What do I pay?
You pay the premium which will be invoiced in your Maersk invoice. The premium and Maersk invoice currency are the same.
The premium is invoiced and collected by Maersk and passed on to Zurich in due course.
The premium is due and payable when the Maersk invoice is due and payable.
Relevant insurance premium, tax and all other local taxes, duties and charges will be invoiced together with insurance premium on Maersk invoice. The amount of tax is specified on the invoice and in the Policy Schedule you will receive by email.
If you have taken Captain Peter Premium services, you will receive a 15% discount on your insurance premium (please see below for more information on Captain Peter).
What contractual documentation do I receive?
The Policy Schedule (that outlines the cover provided under the Policy) and the complete Policy Wording will be emailed to the registered email of the party who booked the shipment after the Policy is bound.
How can I get an Insurance Certificate?
You can make a request online in your shipment binder on Maersk.com. The certificate will then be produced and emailed to you in a print direct format (PDF).
How can I cancel the Policy?
The Policy can be cancelled online until the shipment commencement date through your shipment binder on Maersk.com.
How do I make a claim?
To file an insurance claim, please follow instructions which can be found here.
How do I file a complaint?
1. If you want to file a complaint about the booking process with Maersk; or
2) If you want to file a complaint about the insurance product or claim process with Zurich, please follow instructions which can be found here.
Captain Peter is a risk mitigator tool which gives you information about the state of a RCM (Remote Control Management) fitted container and your cargo in it. Captain Peter Premium Services may be included in your reefer transport contract.
If you have taken Captain Peter Premium services, you will receive a discount of 15% of the insurance premium that you would have otherwise paid in consideration of the risks covered under the Policy.
Captain Peter Premium services and insurance Policies can be purchased separately.
In the event that your cargo is damaged or you make a claim, the information collected by Maersk will be shared with Zurich after a notification of loss has been received. It will help Zurich to investigate your claim, and determine the probable circumstances related to any loss or damage.
SECTION 2 - TERMS AND CONDITIONS FOR INTERMEDIATION OF CARGO INSURANCE BY MAERSK A/S
These Terms and Conditions apply to the intermediation of cargo insurance by Maersk A/S under the Danish Insurance Mediation Act, Act no. 41 of 22 January 2018, in collaboration with Zurich Insurance Plc. The Terms and Conditions may change from time to time without prior notice, and any such changes will be applicable to the intermediation of future insurances.
1. DEFINITIONS: In these Terms and Conditions:
1.1 The Intermediary shall mean Maersk A/S, a Danish company, registration number CVR no. 32345794 with its registered address at Esplanaden 50, DK-1263, Copenhagen (K) Denmark, (hereinafter “Maersk”);
1.2 The Insured shall mean the firm, company or corporation who orders Transportation and Logistics Services with Maersk for the cargo to be insured, (hereinafter “Customer”);
1.3 Insurer shall mean Zurich Insurance Plc, a member of the Zurich Insurance Group, registered number 13460, with its registered address at Zurich House, Frascati Road, Blackrock, Dublin, A94 X9Y3, Ireland, (hereinafter Zurich”);
1.4 Insurance Policy shall mean the cargo insurance policy provided by the Insurer to the Insured for Maersk transport services and related unintended storage of cargo covered by these Terms and Conditions; Insurance policy wording can be found here;
1.5 Cargo Value is the declared value of the cargo as specified in the commercial invoice, inclusive of freight charges, plus 10% buffer cost, together the Insured Value;
1.6 Cargo Owner means the lawful owner of the cargo at the time of ordering Transportation and Logistics services and/or any other party that is entitled to receive compensation in case of damage to cargo;
1.7 Currency shall be the currency used on the Commercial Cargo Invoice;
1.8 Maersk Transport Services shall mean any transport and logistic services offered by Maersk in relation to the cargo transport, including door to door transportation or unintended storage or any other logistics services irrespective of transport mode or service provider.
2. THE INTERMEDIATION
2.1 Maersk will:
i) act as ancillary insurance intermediary under the Danish Insurance Mediation Act, Act no. 41 of 22 January 2018, introducing the Customer to Zurich and the cargo insurance product; and
ii) collect payments due from the Customer and pay the premium on behalf of the Customer to Zurich.
2.2 Maersk’s Intermediation is fulfilled when the Customer has purchased the Insurance Policy and the Premium has been collected, or when Maersk returns paid premiums to Customer after Customer cancels the Policy according to Terms and Conditions of the Policy. Any further interaction in relation to the Insurance Policy (including in respect of claims) will happen directly with Zurich and/or its appointed service providers.
2.3 Maersk receives a commission from Zurich (calculated as a percentage of the premium paid by the Customer for the Insurance Policy) for intermediating the provision of the Insurance Policy from Zurich to the Customer.
2.4 By Purchasing the Policy, the Customer agrees to pay the applicable insurance premium for the Insurance Policy to Maersk.
2.5 Maersk A/S is registered as an ancillary insurance intermediary in Denmark and is under supervision of the Danish Financial Services Authority. The registration can be found in the Danish FSA’s Company Register at https://virksomhedsregister.finanstilsynet.dk/index-en.html
Maersk A/S has been granted passporting rights by relevant authorities for relevant territories where Maersk offers the cargo insurance product.
3. DATA OWNERSHIP
3.1 All data generated, created or collected for the purpose of the intermediation, including any data on commodity, the cargo owner, the origin and destination of the cargo, the Cargo Value and the performance of the Insurance Policy (the “Data”), shall be treated as confidential by Maersk and to be used by Maersk for the purpose of the intermediation agreement.
3.2 The data as described in Clause 3.1 above will be provided to Zurich for purposes quoting the insurance premium and managing the insurance policy.
4. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with Danish Law. Any dispute arising out of these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Danish Courts.