Terms of Business
Chill Insurance Limited
These terms of business set out the terms under which Chill Insurance Limited t/a Chill Insurance (“Chill Insurance”) will provide insurance services to you. Please ensure that you read through this document carefully. If you require further clarification regarding any matter we will be happy to deal with your queries. These terms shall apply to any service provided to you by Chill Insurance and will remain in force until further notice. They also contain details of our regulatory and statutory obligations and the respective duties of both Chill Insurance and you in relation to such services. Please note that by proceeding with your Chill Insurance quotation or policy you agree to the terms as laid out in this Terms of Business document. By accepting these Terms of Business you acknowledge that you have read and understand them; and you have read and understand the information contained within your chosen quotation and/or policy, which is also contractually binding on you.
Regulatory & Authorised Status
Chill Insurance Limited t/a Chill Insurance, Chill Insurance House, Ravenscourt Office Park, Sandyford, Dublin 18, D18 K267 Tel: 01 4003400 Fax: 01 2799851, Email: email@example.com Website: www.chill.ie ("our Website") is an insurance intermediary and provides the following services:
Chill Insurance is regulated by the Central Bank of Ireland as an insurance intermediary registered under the European Union (Insurance Distribution) Regulations, 2018; and as a Mortgage Intermediary authorised under the Consumer Credit Act, 1995, and as a Mortgage Credit Intermediary under the European Union (Consumer Mortgage Credit Agreements) Regulations 2016. Copies of our regulatory authorisations are available on request. The Central Bank of Ireland holds registers of regulated firms. You may contact the Central Bank of Ireland on +353 (0)1 224 5800 or alternatively visit their website at www.centralbank.ie to verify our credentials.
Chill Insurance is subject to and must comply with the Central Bank of Ireland’s Consumer Protection Code, Minimum Competency Code and Fitness and Probity Standards which offer protection to consumers. The codes are available for inspection on the Central Bank of Ireland’s web site www.centralbank.ie Chill Insurance is registered with the Competition & Consumer Protection Commission (CCPC) as a credit intermediary for Close Brothers Premium Finance (Ireland) Limited (to arrange the provision of premium credit) and Chill Insurance Ltd t/a Chill Money for AvantCard DAC for the arrangement of personal loans and credit facilities.
Our principal business is to provide advice on the most suitable products and arrange transactions on behalf of customers in relation to Life and Non Life insurance products. Receiving and transmitting orders to insurance companies. Advice to clients is based on a fair and personal analysis of the available market. This means that the analysis is on a sufficiently large number of insurers and product producers available on the market, who deal with insurance intermediaries, to enable Chill to make a recommendation, in accordance with professional criteria, regarding which product is the most suitable. We will identify and select a suitable insurance company and on receipt of your instructions we will transmit orders on your behalf to one or more insurance companies. We will offer assistance in relation to existing policies in processing changes to policies and in seeking renewal terms. The following products are not offered on a fair analysis basis: Health Insurance is provided by Irish Life Health dac; Travel Insurance, Breakdown Assist and Home Protect are provided by Mapfre Assistance and Gadget insurance is underwritten by Zurich Insurance. Business insurance is arranged on a limited analysis of the market. A full list of insurers and product producers with whom we deal with is available on request.
Fair and Personal Analysis
The concept of fair and personal analysis describes the extent of the choice of products and providers offered by an intermediary within a particular category of life assurance, general insurance, mortgages, and/ or a specialist area. The number of contracts and providers considered must be sufficiently large to enable an intermediary to recommend a product that would be adequate to meet a client’s needs. The number of providers that constitutes ‘sufficiently large’ will vary depending on the number of providers operating in the market for a particular product or service and their relative importance in and share of that market. The extent of fair analysis must be such that could reasonably be expected of a professional conducting business, taking into account the accessibility of information and product placement to intermediaries and the cost of the search. In order to ensure that the number of contracts and providers is sufficiently large to constitute a fair and personal analysis of the market, we will consider the following criteria:
- the needs of the customer,
- the size of the customer order,
- the number of providers in the market that deal with brokers,
- the market share of each of those providers,
- the number of relevant products available from each provider,
- the availability of information about the products,
- the quality of the product and service provided by the provider,
- cost, and
- any other relevant consideration.
Chill Insurance is a member of the Investor Compensation Scheme operated by the Investor Compensation Company dac. The scheme was established under the Investor Compensation Act, 1998 (as amended) (the “Act”). A right to compensation will only arise where money or investment instruments held by us on your behalf cannot be returned either for the time being or for the foreseeable future and where you fall within the definition of eligible investor as contained in the Act. In the event that a right to compensation is established, the amount payable is the lesser of 90% of your loss, which is recognised as being eligible for compensation, or €20,000. Further information is available from www.investorcompensation.ie.
Brokers Ireland Compensation Fund
As a member of Brokers Ireland , Chill Insurance 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 aggregate) may be discharged by the Fund on its behalf if the member firm is unable to do so, where the above detailed Investor Compensation Scheme has failed to adequately compensate any client of the member. Further details are available from Brokers Ireland www.brokersireland.ie.
Handling Clients’ Money
Chill Insurance will accept payments by cheque or by credit/debit card in respect of all non-Life classes of insurance. Premiums are due on or before renewal date or inception date of the policy or before any policy changes which result in an additional charge. It is your responsibility to ensure that your payment has reached us and that your policy has been incepted/renewed/amended. If we do not receive your renewal payment on or before your renewal date, your policy will lapse and no cover will be in place. Chill Insurance will not charge or refund customers where there is an outstanding balance amounting to €1 or less. Where payment is made to Chill Insurance by credit or debit card, any subsequent refund due may be refunded to the card used to make the initial payment.
All quotations are valid on the day the quotation is offered. All quotations and cover are issued subject to acceptance by the insurer. Insurers who do not return a quotation and instead go into referral or decline will not be considered. A full copy of the insurers’ policy wording, terms and conditions is available upon request. You are required to answer all questions posed by us or the insurer honestly and with reasonable care – the test will be that of the ‘average consumer’. Average consumer as per Directive No. 2005/29/EC of the European Parliament and of the Council of 11 May 2005 is reasonably well informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors. Failure to disclose all relevant information, when asked or misrepresenting any fact which may influence the decision to accept the risk or the terms offered could result in your policy being cancelled, claims not being paid, difficulty in getting insurance elsewhere and in the case of property insurance failure to have property insurance in place could lead to a breach of the terms and conditions attaching to any loan secured on the property. Payment for a quotation sought through the Chill Insurance website does not automatically constitute evidence of cover, unless written confirmation has been issued to you from Chill Insurance. Otherwise, you may be contacted by phone following receipt of your payment to reconfirm your details and have your policy arranged. Cover does not come into force until it has been confirmed to you by Chill Insurance. The terms of your chosen policy shall take precedence over any statement, representation, act or omission which may have been made by Chill Insurance and which conflicts with any terms of your chosen policy. You must check all details on any proposal form or statement of facts and pay particular attention to any declaration you are asked to sign. It is important that you read all documents issued to you and ensure that you are aware of the cover, limits, warranties, conditions and other terms that apply. Failure to disclose all relevant information could result in your policy being cancelled, claims not being paid and difficulty in getting insurance elsewhere.
Chill Insurance reserves the right to request any facts about you which it reasonably believes it needs to know in order to comply with the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 - 2018.
Chill Insurance is remunerated by a professional fee for the initial work and time spent in seeking the most suitable terms, product and insurance company for your specific needs. An administration fee is also charged for the activity involved in the renewal of the policy and any alterations that take place during and at termination of a policy. Our fees are outlined below. We may earn our remuneration on the basis of fee, commission and any other type of remuneration, including a non-monetary benefit or on the basis of a combination of these methods. A non-monetary benefit will only be accepted if it enhances the quality of the service to our clients. We are usually remunerated by commission received from insurance companies for work involved in placing an order and finalising the product on your behalf and for the provision of advice regarding life and non life business. Commission is deemed fully earned by Chill Insurance at inception and/or renewal of every policy. A summary of the details of all arrangements for any fee, commission, other reward or remuneration paid or provided to Chill Insurance which it has agreed with product producers is available on the Chill Insurance website www.chill.ie, remuneration section. Where an override commission is received, this will be disclosed to you in general terms. Fees are charged on the under noted scale, and cover the sourcing of the product, administration costs, and standard advice on product placement. Clients may pay in full for the service provided by means of a fee which will be agreed, in writing, with the client by Chill Insurance in advance of the provision of service. The amount of any commission received by Chill Insurance will not be deducted from any fee payable. All prices quoted by Chill Insurance are inclusive of the applicable Government Levy.
|Non-Life Personal Insurance:||Fee|
|*New Business & Renewal Set up Charge||Up to €100|
|Policy Amendment or Cancellation Charge||Up to €50|
|Duplicate documentation||Up to €25|
|Non-Life Commercial and/or Business Insurance:|
|*New Business & Renewal Set up Charge up to 50% of premium subject to a minimum of €50|
|Policy Amendment or Cancellation Charge up to 30% of premium subject to a minimum of €30|
|Duplicate documentation up to €25|
|Telematics Co-Pilot Motor Policy||Fee|
|*New Business & Renewal Set Up Charge||Up to €150|
|Policy Amendment or Cancellation Charge||Up to €60|
|Duplicate documentation||Up to €25|
|Missed appointment for device Installation||Up to €60|
|To avail of the Telematics Co-Pilot policy you must have a telematics device installed in your car within the timeframe specified. Should you miss an appointment to have your telematics device installed, please note a change of up to €60 applies. The telematics device must remain in use at all times. Failure to comply with these conditions or driving in an unacceptable manner, such as, but not limited to, driving above the legal speed limit may result in cancellation of your policy|
Where separate premium finance agreements are arranged for you via a premium finance provider we may earn additional commission of up to 6% of the annual premium. Should there be a default of a direct debit payment Chill Insurance will charge a fee for recovery of the defaulted payment of up to €25. In the event that the loan is to be reinstated following a default, a charge of up to €40 will be applied.
* Please note the New Business and Renewal set up charge is non refundable.
In respect of life assurance protection contracts we are remunerated by commission paid by the life company. If a policy is being taken out with Chill Insurance to replace an existing policy not in the agency of Chill, we are not responsible for the cancellation of the existing policy or any overlap of premium that may occur when the new policy is put in place with the chosen life company. A client must organise the cancellation with the Life company involved directly or with the broker who is named on the existing policy. All premiums quoted on application are quoted on the basis a client is accepted at standard rates and quotes are only valid for 7 days.
Where the client fails to pay or defaults
We reserve the right to instigate cancellation proceedings in the event of the following:
- Your non payment of the premium due at inception, renewal or following an alteration
- Your bank returns your cheque due to insufficient funds or any other reason
- Direct Debit default
- Non disclosure of relevant information
- Provision of incorrect or inaccurate information
- Non return of necessary documentation within the required timeframe
- Insurer imposed cancellation
In the event that you fail to pay and/or fail to provide us with a completed and signed direct debit mandate within the required timeframe, we will advise the insurance company involved and cover will be cancelled. Insurance companies may withdraw cover on default of any payments due under any products arranged for your benefit. Details of these provisions will be included in your policy/product terms and conditions. If you have a loan with Close Brothers Premium Finance, the rebate from the product provider will be added to your loan account and then the outstanding balance or refund will be determined. Chill Insurance will take such steps as may be necessary to recover any monies due to us including the instigation of legal proceedings, the appointment of a receiver and all other rights available to us. Consumer responsibilities arising out of the Consumer Insurance Contracts Act 2019 indicate that the consumer (as defined by SI No 853 of 2004) (“consumer”, in relation to a distance contract, or proposed distance contract, for the supply of a financial service, means a natural person who is acting otherwise than in the course of a business carried on by the person, and, if the rights and obligations of a consumer under a contract to which these Regulations apply have passed to another such person (whether by assignment or operation of law), includes that other person) is under a duty to pay their premium within a reasonable time, or otherwise in accordance with the terms of the contract of insurance. A court of competent jurisdiction can reduce the pay-out to the consumer where they are in breach of their duties under the Act, in proportion to the breach involved. Should there be a default of a direct debit payment Chill Insurance will charge up to €25 fee for recovery of the defaulted payment. In the event that the loan is to be reinstated following a default, a charge of up to €40 will be applied.
Please note, where you make a credit application or enter into a credit agreement for the provision of credit to you, we will require you to provide your personal public service number (PPSN) for the Central Credit Register in accordance with section 5(2) of the Credit Reporting Act 2013.
You confirm that Chill Insurance is authorised to accept instructions on your policy/quotation from any person(s) whom Chill Insurance may reasonably believe are acting on your behalf.
Either party may, at any time, cancel the policy. If you wish to cancel your policy, you must send written instructions to Chill Insurance. For Private and Commercial Motor Insurance, you must return your Insurance Certificate and Disc before your policy can be cancelled. Chill Insurance may instruct your insurers to cancel your policy. Policies can be enforced cancelled by due to, but not limited to, non payment, non disclosure, provision of incorrect information over the phone and online or where the necessary documentation is not submitted within a required time frame. If you cancel during the first year of insurance (outside the cooling off period) short term rates apply in accordance with the terms and conditions of your insurance policy. Please note – our set up charge is non refundable and a cancellation charge (details of which are set out above) will apply to all cancellations (outside the cooling off period). The cancellation charge may be deducted from any rebate due to you prior to being issued to you, in this event, it will be agreed in writing by you in each instance.
Cooling Off Period
A consumer has the right to withdraw from an insurance policy within 14 working days of the start date of the policy (except in the case of travel policies whose operative period is for one month or less) without penalty and without giving any reason. This is known as the cooling off period. For Life policies the cooling off period is 30 days from the start date of the policy. The right of withdrawal may be exercised by notice in writing to Chill Insurance quoting your policy number. The right to withdraw applies provided that no claim or adjustment has been made or is intended to be made or no incident has occurred which is likely to give rise to a claim. Should this right be exercised the insurance company may charge for the period you are on cover. For motor insurance the insurance certificate and disc must be received by Chill Insurance before the policy can be cancelled. Please note that the policy set up charge is non refundable if you choose to withdraw from the policy within the cooling off period.
Post-Contract Stage & Claims
If, in respect of the insurance contract the insurer is not obliged to pay the full claim settlement amount until any repair, replacement or reinstatement work has been completed and specified documents for the work have been furnished to the insurer, the claim settlement deferment amount cannot exceed
- 5% of the claim settlement amount where the claim settlement amount is less than €40,000, or
- 10% of the claim settlement amount where the claim settlement amount is more than €40,000.
An insurer may refuse a claim made by a consumer under a contract of insurance where there is a change in the risk insured, including as described in an “alteration of risk” clause, and the circumstances have so changed that it has effectively changed the risk to one which the insurer has not agreed to cover. Any clause in a contract of insurance that refers to a “material change” will be interpreted as being a change that takes the risk outside what was in the reasonable contemplation of the contracting parties when the contract was concluded. The consumer must cooperate with the insurer in an investigation of insured events including responding to reasonable requests for information in an honest and reasonably careful manner and must notify the insurer of the occurrence of an insured event in a reasonable time. The consumer must notify the insurer of a claim within a reasonable time, or otherwise in accordance with the terms of the contract of insurance. If the consumer becomes aware after a claim is made of information that would either support or prejudice the claim, they are under a duty to disclose it.(The insurer is under the same duty). If the consumer makes a false or misleading claim in any material respect (and knows it to be false or misleading or consciously disregards whether it is) the insurer is entitled to refuse to pay and to terminate the contract. Where an insurer becomes aware that a consumer has made a fraudulent claim, they must notify the consumer advising that they are avoiding the contract of insurance. It will be treated as being terminated from the date of the submission of the fraudulent claim. The insurer may refuse all liability in respect of the claim made after the date of the fraudulent act, and the insurer is under no obligation to return any of the premiums paid under the contract.
It is in your best interests that you review, on a regular basis, the products which we have arranged for you. As your circumstances change, your needs will change which may result in you having insufficient insurance cover. We would therefore advise that you contact us to ensure that you are provided with up to date advice and products best suited to your needs.
Consumers: Duty of Disclosure
When completing documentation for new business/renewals and midterm adjustments
Sections 8 & 14 of the Consumer Insurance Contracts Act which is effective from 1st September 2021 alters consumer’s duty of disclosure:
You are required to answer all questions posed by us or the insurer honestly and with reasonable care – the test will be that of the ‘average consumer’. Average consumer as per Directive No. 2005/29/EC of the European Parliament and of the Council of 11 May 2005 is reasonably well informed and reasonably observant and circumspect, taking into account social, cultural and linguistic factors.
Specific questions will be asked. Where you do not provide additional information (after being requested to do so) it can be presumed that the information previously provided remains unchanged. An insurer may repudiate liability or limit the amount paid on foot of the contract of insurance, only if it establishes that non-disclosure of material information was an effective cause of the insurer entering into the relevant contract of insurance and on the terms on which it did.
Completed proposal forms/statement of fact
Completed proposal forms or Statements of Facts will be provided to you. These are important documents as they form the basis of insurance contract between the insurer and you the consumer. You should review and confirm that the answers contained within are true and accurate.
Commercial Customers: Non-Consumer Disclosure of Information
It is essential that you should bring to our attention any material alteration in risk such as changes of address or use of premises. Any failure to disclose material information may invalidate your claim and render your policy void.
Conflict of Interest
It is the policy of Chill Insurance to avoid any conflict of interest when providing business services to clients. However, where an unavoidable conflict may arise we will advise you of this in writing before providing any business service. If you have not been advised of any such conflict you may assume that none arises. Chill brings to your attention that Chill Insurance and Ivernia Insurance Limited have common a shareholder and directors.
In some cases, we may be a party to a profit-share arrangement with product producers where we provide extra services for the provider. Agreements to this effect are in place with the Liberty Insurance DAC & Zurich Insurance DAC. Any business arranged with these providers on your behalf is placed with them as they are at the time of placement the most suitable to meet your requirements taking all relevant information, demands and needs into account.
We take complaints made against us very seriously and maintain a procedure to ensure that complaints are dealt with promptly and fairly. All complaints should be addressed to The Complaints Officer, Chill Insurance House, Ravenscourt Office Park, Sandyford, Dublin D18 K267. Chill Insurance will acknowledge in writing each complaint received within 5 business days of the complaint being received. Chill Insurance will provide the complainant with a regular written update on the progress of the investigation of the complaint at intervals of not greater than 20 business days. Chill Insurance will attempt to investigate and resolve the complaint within 40 business days of having received the complaint. When the 40 days has elapsed, if the complaint is still not resolved, Chill Insurance will inform the complainant of the anticipated timeframe within which Chill Insurance hope to resolve the complaint. At this point Chill Insurance will inform the complainant of their right to refer the matter to the Financial Services & Pensions Ombudsman, Lincoln House, Lincoln Place, Dublin 2, D02 VH29 Tel: (01) 567 7000; Email: firstname.lastname@example.org; Website: www.fspo.ie. Chill Insurance will advise the complainant in writing, within 5 business days of the completion of the investigation of the complaint, the outcome of the investigation and where applicable explain the terms of any offer or settlement being made. If the complaint relates to the pricing of an insurance premium, the complaint in that instance should be made directly to the insurer. The details of insurers’ complaints processes are outlined in their policy booklets which can be found online at www.chill.ie.
Limitation of Liability
We shall be liable to you for any losses, damages, reasonable costs or expenses (together the “Losses”) incurred by you arising directly from our negligence or omission with respect to the services that we provide but subject to the condition that the maximum aggregate liability that we will have to you (including any related company or affiliate of yours) for any and all Losses (or other claims arising in connection with the services that we provide) shall for all purposes whatsoever be limited to a maximum amount of €500,000. We shall not be liable in contract or in tort or in any circumstances to you (including any related company or affiliate of yours) in connection with the services that we provide for any special, indirect or consequential loss, loss of profits or damage to reputation.
The above noted limitation on liability shall not apply in circumstances where you are a consumer within the meaning of the Central Bank of Ireland’s Consumer Protection Code 2012 (the “Consumer Protection Code”). For the avoidance of doubt, when you are a consumer within the meaning of the Consumer Protection Code, these Terms of Business, including the above noted limitation on liability, shall not exclude or restrict, or seek to exclude or restrict:
- any legal liability or duty of care to that consumer which we have under applicable law or under the Consumer Protection Code.
- any other duty to act with skill, care and diligence which is owed to that consumer in connection with the provision to that consumer of financial services; or
- any liability owed to that consumer for failure to exercise the degree of skill, care and diligence that may reasonably be expected of us in the provision of a financial service.
Chill Insurance reserves the right to amend these Terms of Business at any time but such amendments shall not affect any rights or obligations already accrued by you or Chill Insurance. Any such revision to these Terms of Business will be notified to you by publication on our Website. You will be provided with an up to date copy of the Terms of Business at the time of entering into or renewing your policy with Chill Insurance.
Either of us may terminate this Agreement by written notice at any time but such amendments shall not affect any rights or obligations already accrued by you or Chill Insurance. Any such revision to these Terms of Business will be notified to you by publication on our Website. You will be provided with an up to date copy of the Terms of Business at the time of entering into or renewing your policy with Chill Insurance.
We will contact you by email or provide you with information by posting notices on our Website. You accept that communication with us will be mainly electronic. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control including any act, event, non-happening, omission or accident beyond our reasonable control. Our performance under these Terms of Business is deemed to be suspended for the period that such event continues and we will have an extension of time for performance for the duration of that period.
If we fail to insist upon strict performance of any of your obligations under these Terms of Business, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Business, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of the terms of this Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing by our authorised personnel.
If any of the terms of these Terms of Business are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms of Business and any document expressly referred to in it constitutes the whole agreement between us and supersedes and replaces any previous arrangement, understanding or agreement between us relating to the subject matter of these Terms of Business.
These Terms of Business are subject to the laws of Ireland and the Courts of Ireland will have exclusive jurisdiction over any dispute.
Terms of Business valid from: September 2021
Chill Insurance Limited t/a Chill Insurance is regulated by the Central Bank of Ireland.
Registered No. 506021.