Terms of Business
TRAVERS & CO. INSURANCES LTD – TERMS OF BUSINESS – EFFECTIVE FROM 30th JULY 2018
Travers & Co. Insurances Ltd, 7 Upper Main Street, Arklow, Co. Wicklow. Y14 KT63.
REGULATED AND AUTHORISED STATUS
These Terms of Business set out the general terms under which our firm will provide business services to you and the respective duties and responsibilities of both the firm and you in relation to such services. Please ensure that you read these terms thoroughly and if you have any queries we will be happy to clarify them. If any material changes are made to these terms we will notify you.
Travers & Co. Insurances Limited trading as Travers & Co. Insurances, Travers & Co. Financial is regulated by the Central Bank of Ireland. The firm is regulated by the Central Bank of Ireland (C38101) as an
- Insurance/Reinsurance Intermediary – Insurance/reinsurance intermediary under the European Communities
(Insurance Mediation) Regulations, 2005 (as amended).
- Investment Business Firm – Investment Business Firm under Section 10 of the Investment Intermediaries Act, 1995 (as amended).
- Investment Product Intermediary – Financial Service Providers holding appointments from IIA product producers, including intermediaries that may issue appointments, appearing in the register maintained under Section 31 of the Investment Intermediaries Act (as amended).
- Credit Intermediary – Registered as a credit intermediary with the Competition and Consumer Protection Commission.
Copies of our various authorisations, listed above, are available upon request or can be viewed at www.centralbank.ie.
Our firm is subject to and complies with various codes of conduct including the Handbook of Prudential requirements for Investment Intermediaries, Consumer Protection Code, Minimum Competency Code and the Fitness and Probity standards as laid down by the Central Bank of Ireland. These codes offer protection to consumers and can be found at www.centralbank.ie.
Travers & Co. Insurances Ltd provides advice and assistance in the arrangement and placing of General Insurance (Motor, Property, Liability, Marine etc.) Life and Pensions, Savings and Investments. In addition we provide insurance related risk management advice and assistance in claims negotiation and settlement. We will offer advice on a fair analysis basis i.e. providing services on the basis of a sufficiently large number of contracts and product producers available on the market to enable us to make a recommendation, in accordance with professional criteria, regarding which contract would be adequate to meet the your needs. On receipt of your instructions we will transmit orders on your behalf to one or more Insurers/Product Producers. A full list of Insurers/Product Producers that we deal is available on request. This firm does not have any “tied” relationships with any institution which would compromise our ability to offer you product advice and choice.
REMUNERATION AND FEES
Travers & Co. Insurances Ltd is remunerated by a professional service fee for the initial work, activity and time spent in the seeking and arrangement of the best terms, advice, product and Insurer/Product Producer for your specific needs. A professional service fee is also charged for the activity involved in the renewal of the policy and also any alterations that take place during and at termination of a policy. A scale of our Standard Professional service fees are noted below.
Scale of Standard Professional service fees
|Type||Initial Arrangement / Renewal Fee||Alteration / Cancellation Fee|
|Personal Insurances||Up to a max of 50% of Insurer/Product Producer quoted terms
|Up to a max of 50% of Insurer/Product Producer quoted terms
|Commercial Insurances||Up to a max of 50% of Insurer/Product Producer quoted terms
|Up to a max of 50% of Insurer/Product Producer quoted terms
|Directors & Consultants – €190 per hour, Account Executives – €130 per hour,
Support Staff – €75 per hour.
We reserve the right to amend these fees should the complexity of the product require a higher fee. We will confirm and agree this fee with you prior to any increased charge being applied. A fee of €25 may be charged for driving experience letters, and all duplicate documentation both for existing and past clients. Please note an administration fee may apply to policies payable by direct debit and some Insurers/Product Producers may collect our professional service fee on policies payable by direct debit. We do not charge for payments made by credit/debit cards. Any bank fees charged on unpaid cheques together with currency transfer differences/shortfalls will be charged back to the client and are payable in full together with any other outstanding balances. All fees and charges applied by Travers & Co. Insurances Ltd will be declared on our renewal notices/invoices/credit notes and/or in other correspondence issued to clients.
All such fees and charges are non-refundable. Any Third Party fees or charges that apply in connection with your policy will be included in the total amount charged and are non-refundable. Travers & Co. Insurances Ltd will, if necessary, exercise its legal rights to receive any payment of fees due to it from clients.
We are also remunerated by commission received from the Insurer/Product Producer for the work involved in placing an order and finalising the product with them on your behalf. Where premium finance loans and/or some Insurer direct debits are arranged for a client we may earn additional commission of up to 4% of the financed amount. Commission paid by Insurers/Product Producers may from time to time include contingent or override commission based on volume and/or profitability. Some product producers do not pay a commission. Details of commission arrangements are available on request.
Should you be entitled to a refund this will be issued to you within five business days in line with the Consumer Protection Code regulations. Refunds will be issued once the Insurer has confirmed same to Travers & Co. Insurances Limited. The firm will obtain written agreement from you before deducting an administration fee or other charge from a refund due to a consumer. We offer a number of options to you regarding the processing of refunds:
- A reduction from another premium currently due.
- A donation of the refund to a registered charity.
- All refunds will be issued by cheque; a refund may upon request be credited to a credit/debit card where a relevant past card payment exists.
- Card refunds can take 7-10 working days to be processed by our Merchant Services provider
- Cheque refunds are processed once weekly, sent by post, once lodged these may take up to an additional 8 working days to clear.
Travers & Co. Insurances Ltd operates a policy of strict Credit Control and premiums must be paid in full prior to or on the renewal/inception date of the insurance policy, unless otherwise agreed in writing.
All quotations provided will have a validity date stipulated on the written quotation. Quotations for insurance are indicative only. The final premium can only be confirmed upon receipt and acceptance by Insurers/Product Producers of proposal forms and relevant documentation.
PAYMENT DEFAULT AND POLICY CANCELLATION
Cancellation by Travers & Co. Insurances Ltd
Travers & Co. Insurances Ltd. reserves the right, notwithstanding delivery of policy document or receipt of same by the insured, to cancel the policy of insurance and obtain a credit from the Insurer/Product Producer, apply same in the reduction of the amount due by the insured in the event of the following:
- Non-payment of a policy premium, in whole or in part, due at inception, renewal or following a mid-term alteration.
- Non-payment of Professional service fee, in whole or in part, due at inception, renewal, for mid-term alteration.
- Default of a payment of a direct debit premium.
- Default of a payment in respect of a Premium Finance agreement.
- Your bank returns a cheque due to insufficient funds or for any other reason.
- Non-receipt of required documentation.
- Non-disclosure of relevant information.
- Insurer enforced cancellation.
- Failure to comply with policy conditions imposed by insurers.
If you have a loan with a premium finance provider and if there is a return of premium calculated by the Insurer, this will be offset against the outstanding premium due and any balance will be refunded provided that no incident giving rise to a claim has occurred in the current period of insurance. In this case you will be entitled to a proportionate return of the premium for the un-expired period of insurance unless the policy is on a minimum and deposit basis, and if this is the case, no return will be allowed and this would be noted on your policy schedule. If you cancel during the first year (outside of the Cooling Off period) short term rates apply, please see policy terms and conditions. In the case of cancellation of motor insurance you must return the Certificate of Insurance and Windscreen Insurance Disc to Travers & Co. Insurances Ltd. The firm will exercise its legal rights to obtain any monies owed following policy cancellation from clients.
Cancellation by Insurers
Insurers normally reserve the right to cancel policies at any time by giving appropriate notice to your last known address. Please refer to your policy terms and conditions. Your Insurer may cancel your policy in certain circumstances. These conditions are clearly outlined on all policy documents, which you should read and take note of. Please note in the event of default payments, Insurers/ Product Producers:
- Reserve the right to instigate cancellation proceedings.
- Reserve the right to withdraw Benefits or Cover.
Cancellation by You
You can cancel your policy in writing at any time, in accordance with the terms and conditions set out in your policy document and provided no incident has arisen that could give rise to a claim. Cancellations must be given in writing to our office. Should you cancel your policy outside the applicable cooling off period, short term rates or minimum and deposit premiums may apply. A notice of cancellation given in respect of a distance contract that relates to the issue of a motor vehicle insurance policy is not properly given unless the relevant Certificate of Insurance and Windscreen Insurance Disc have been surrendered to Travers & Co. Insurances Ltd.
DUTY OF DISCLOSURE
Please ensure that all material facts have been disclosed. A material fact is any information which may alter the judgement of an Insurer/Product Producer in assessing risk. It is your responsibility to provide complete and accurate information for Insurers/Product Producers. Where a proposal form/statement of fact/claim form is completed by you and/or is completed on your behalf, the accuracy of all answers, statements and/or information will be your sole responsibility. This duty of disclosure applies when you take out your insurance policy, throughout the life of that policy, when you renew your policy, when you submit any claim and to any situations in which you are required under the terms of the policy to provide information to Insurers/Product Producers.
Any material change that occurs after the arrangement of any policy must be disclosed to Insurers/Product Producers. Failure to disclose all material facts/information or to notify of all material changes may result in a) the policy cover being cancelled and/or being declared void from inception, b) in claims not being paid, c) encountering difficulty when trying to purchase insurance elsewhere and d) in relation to property insurance, failure to secure property insurance cover could lead to a breach of the terms and conditions attaching to any loan secured on that property. Insurers/Product Producers now share all claims information on the “Insurance Link database”. If you are unsure as to what constitutes material facts/information or whether you should disclose something, please disclose anyway.
CONFLICTS OF INTEREST
It is the policy of the firm to avoid any conflict of interest when providing services to you. However, where an unavoidable conflict may arise we will advise you of this in writing before providing any service. If you have not been advised of any such conflict you may assume that none arises. A full copy of our conflicts of interest policy is available on request. Travers & Co. Insurances Limited may be in receipt of soft commissions from Product Producers with whom we deal based on levels of business placed. This arrangement will not conflict with our commitment to acting in our clients’ best interest.
Whilst we are happy to receive verbal complaints, it would be preferable that any complaints are made in writing. This firm has in place a written procedure for the handling of complaints, copy available upon request. This procedure ensures that all complaints are recorded and acknowledged within 5 business days. All complaints are fully investigated and the complainant updated at intervals of not greater than 20 business days. We will attempt to investigate and resolve a complaint within 40 business days. On completion of our investigation, we will provide you with a written report of the outcome. All complaints should be directed in writing to The Complaints Officer, Travers & Co. Insurances Ltd., 7 Upper Main Street, Arklow, Co. Wicklow. In the event that a client remains dissatisfied with the handling of and/or response to a complaint you may refer the matter to the Financial Services Ombudsman or the Pensions Ombudsman.
Investor Compensation Company Ltd. (ICCL)
Travers & Co. Insurances Ltd are members of the Investor Compensation Scheme established under Section 38 of the Investor Compensation Act 1998. Compensation may be payable where money or investment instruments owed or belonging to clients and held, administered or managed by the firm cannot be returned to those clients for the time being and where there is no reasonably foreseeable opportunity of the firm being able to do so.
A right to compensation will arise only:
- If the client is an eligible investor as defined in the Act; and
- If it transpires that the firm is not in a position to return client money or investment instruments owned or belonging to the clients of the firm; and
- To the extent that the client’s loss is recognised for the purposes of the Act.
Where an entitlement to compensation is established, the compensation payable will be the lesser of:
- 90% of the amount of the client’s loss which is recognised for the purposes of the Investor Compensation Act;
- Compensation of up to €20,000.
For further information, contact the Investor Compensation Company Ltd. at (01) 224 4955.
Brokers Ireland Compensation Fund Ltd.
Travers & Co. Insurances Ltd is also a member of the Brokers Ireland Compensation Fund. Subject to the rules of the scheme the liabilities of its member firms up to a maximum of €100,000 per client (or €250,000 in the aggregate) may be discharged by the fund on its behalf if the member firm is unable to do so, where the above detailed ICCL (established by law) has failed to adequately compensate any client of the member. Further details are available on request.
FINANCIAL INTEGRITY OF PRODUCT PRODUCERS
While this firm endeavours to recommend the most appropriate policy and insurer for your insurance requirements, we do not and cannot guarantee the solvency or continuing solvency of any Insurer/Product Producer used and clients should note that the financial position of an Insurer/Product Producer could change after policy cover has been arranged. We deny any liability in the event of the Insurer becoming insolvent.
We may record all telephone calls for regulatory, training, verification and quality assurance purposes.
COLLECTING, PROCESSING AND SHARING YOUR INFORMATION
When you purchase a product form us, this creates a contract therefore we process all your information in a lawful and legitimate way as clearly described in our privacy statement which is available to you on our website www.travers.ie.
Should you choose to select a third party to supply your information to us, in the interests of good business practice we will facilitate this on the understanding that you have given your consent to the third party to supply this information to us on your behalf. Sometimes we need your consent to use your personal information. When we use sensitive personal information about you, such as medical or unspent criminal conviction data, we ask for your consent. Before you give your consent, we tell you what information we collect and what we use it for.
You have the choice to opt out of direct marketing by us and can withdraw your consent in relation to marketing communication at any time as clearly outlined hereunder. If you have not opted out of this service we will make you aware of new and/or existing products / services / special offers / competitions which may be of interest and/or of benefit to you, these will strictly be in the context of insurance and financial services. We may do this by phone, post, email, text or through other digital media. If we ever contact you to get your feedback on ways to improve our products and services, you also have the choice to opt out. If you wish to exercise this opt out option please write to our Data Protection Officer, Travers & Co. Insurances Limited, 7 Upper Main Street, Arklow, Co. Wicklow or e-mail firstname.lastname@example.org or follow any additional opt out guidelines outlined in our communications to you. If you have more than one email address, contact number or postal address, please make sure to notify us of all of these if you wish to opt out and keep us informed of any changes to your contact details.
Travers & Co. Insurances Ltd is a Data Controller as defined in the Data Protection Acts and regulations. We collect your personal details in order to provide the highest standard of service to you. We take great care with the information provided; taking steps to keep it secure, to retain it only for as long as is necessary and to ensure it is only used for legitimate purposes. To fulfil these objectives, we may share information with other affiliated professionals. It will be necessary for us to disclose confidential information to Insurers/Product Producers and other parties where such information may be material to the risk being covered or loan sought. You have the right at any time to request a copy of any ‘personal data ‘within the meaning of the Data Protection Acts and regulations that our firm holds about you and to have any inaccuracies in that information corrected. If you would like any further information regarding your data please refer to our privacy statement which is available on our website www.travers.ie. You can also contact the Data Protection Commission in Ireland at www.dataprotection.ie for information about your rights.
Travers & Co. Insurances Ltd intent is to strictly protect the security of your personal information; honour your choice for its intended use; and carefully protect your data from loss, misuse, unauthorised access or disclosure, alteration or destruction. We have taken appropriate steps to safeguard and secure information we collect online, including the use of encryption when collecting or transferring sensitive data such as credit card information. However, you should always take into consideration that the internet is an open forum and that data may flow across networks with little or no security measures, and therefore such information may be accessed by people other than those you intended to access it.
LIMITATION OF LIABILITY
It is an express term of all of our contracts that the maximum Liability of Travers & Co. Insurances Ltd to its customers or any third parties shall not exceed €5million in respect of each and every claim.
It is an express term of this agreement that Travers & Co. Insurances Ltd will under no circumstances accept credit card charge backs on payments received from customers.
GOVERNING LAW AND LANGUAGE
The laws of Ireland form the basis for establishing relations between you and Travers & Co. Insurances Ltd. Any disputes in relation to these Terms of Business shall be subject to the exclusive jurisdiction of the Courts of Ireland. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. All contracts, terms, conditions and communications relating to any policies you may enter with this firm will be in English. Please note that any business transacted from the 30/07/2018 will be deemed an acceptance of this Terms of Business unless altered in writing and consented to in this manner by both parties hereto.