In addition to our liability in accordance with point 12, we shall also be liable, subject to the rules set out below, for the loss of the vehicle through theft, misappropriation, robbery and extortion (the aforementioned loss events shall hereinafter be referred to as “theft”) as well as for the destruction or damage of the vehicle in connection with its theft in accordance with the following regulations.
- Conditions of liability
Our liability presupposes that the Customer has first attempted to use of its comprehensive cover insurance at its automobile insurance provider, but without success. In the case of resale or rental of the flinkey box, the customer must prove that the user of the flinkey box has first used his vehicle insurer. We shall be liable only if the Customer’s comprehensive cover insurer or in the case of resale or rental of the flinkey box of the user’s comprehensive insurance justifies its decision not to provide insurance cover on the grounds that the insurance cover lapses due to use of the flinkey Box, and substantiates this appropriately.
We shall further only be liable in the case of theft if the following conditions have been met:
- At the time of reporting the Customer’s loss, there must be a valid flinkey Go agreement for the flinkey Box between us and the Customer relating to the stolen vehicle. If the flinkey box is resold or leased, an effective contractual relationship which reflects the present Framework Conditions must also exist with regard to the use of the flinkey box between the customer and his customer at the time the vehicle is stolen,
- the stolen vehicle and the flinkey box were locked at the time of its stealing and the original vehicle key was deposited in the flinkey box. The locking of the flinkey box was done by means of the flinkey app or an app which was created by the customer or the customer of the customer himself (and which was approved by us). The user of the vehicle has confirmed via the app before locking that the original vehicle key was stored in the flinkey box at the time of locking. If an app created by the customer or by the customer of the customer himself is used, the customer ensures that such a confirmation is requested by the user in the app before locking,
- a flinkey Box as well as a flinkey service were allocated to the car at the time it was stolen, which are on file in the flinkey App, and the current vehicle registration which is noted on the driver’s license is specified in the flinkey App. If the Customer or the customer of the customer has produced its own App for unlocking and locking the vehicle, it undertakes to ensure that the stolen vehicle can be allocated to a flinkey Box,
- The customer has duly fulfilled its obligations arising from the purchase agreement and flinkey Go agreement. In the event of resale or rental of the flinkey box, the customer must ensure that the obligations arising from these Framework Conditions and from the purchase contract and the flinkey Go agreement are accordingly imposed on the user of the flinkey box; the user must have duly fulfilled these obligations,
- the customer has met its notification obligations in accordance with point 13.3.,
- the Customer has its registered office within the geographical boundaries of Europe or in non-European territories which are under the jurisdiction of the European Union,
- the vehicle concerned must be registered in a city, have a current valid motor vehicle registration and have its usual location in a city which is within the geographical borders of Europe or in non-European territories which are under the jurisdiction of the European Union,
- in non-European territories which are under the jurisdiction of the European Union,
- the vehicle was insured with comprehensive cover insurance with an automobile insurer at the time that it was stolen. We shall assume no liability for vehicles which only have third-party liability insurance.
- Scope of liability
In the event that the vehicle is stolen, our liability shall be limited to the fair value of the vehicle at the time of its theft; however, to a maximum of EUR 50,000 per vehicle. The liability limitation shall not apply in the case of an intentional or grossly negligent violation of duty on our part in connection with the theft of the vehicle as well as in the case of injury to life, limb or health caused by us. In such cases, we shall be fully liable in accordance with statutory requirements.
- Conduct and notification obligations of the Customer
In the case of loss, the Customer must provide the following documentation/information to us:
- A copy of the official rejection letter from the comprehensive cover insurance provider in which it refuses to meet its obligation to provide insurance cover. The rejection letter must detail why the comprehensive cover insurance provider refuses to pay for the damage caused;
- written confirmation from the Customer that the vehicle was fitted with a flinkey Box, in which the original vehicle key was deposited at the time of the theft;
- submission of the name and address of the policyholder of the comprehensive cover insurance and the current age of the vehicle;
- the vehicle registration document, vehicle license, any available original keys as well as a copy of the police report and the accident report to the comprehensive insurance company.
The Customer agrees that we may have access to the following data to examine the claim for compensation:
- all user, vehicle, contractual or flinkey Box data which was deposited in the flinkey App at the time the vehicle was stolen; if the Customer or the customer of the customer has produced its own app to lock and unlock the car, it undertakes to make the afore-mentioned data available to us,
- existing authorization to access the stolen vehicle in the period when the theft occurred,
- vehicle access (locking and unlocking the vehicle) in the period when the theft occurred,
- the relevant user data on the above points.