Our Terms of Business Agreement sets out the terms and conditions on which we agree to provide services for you, our regulatory and statutory responsibilities, and your contractual obligations. This (“Agreement” or “Contract”) is by and between La Playa Ltd (“La Playa” or “we” or “us”) and Client (“you”), collectively the parties.
The agreement supersedes any previous written agreement or oral understanding between you and La Playa. No statements, assurances, descriptions or promises made or given to you shall be binding upon La Playa unless expressly contained in this Agreement.
We specifically draw your attention to the section ‘Disclosure of Information’ – it’s an important read.
About La Playa
La Playa is a general insurance broker registered in England and Wales. Our registered office is located at Merlin Place, Milton Road, Cambridge, CB4 0DP and registration number is 03605982.
We’re authorised and regulated by the Financial Conduct Authority (‘FCA’) and our permitted activities are advising on, arranging, dealing as agent in, and assisting in the administration and performance of general insurance contracts. Our FCA Firm Reference Number is 305655 and our authorisation details can be verified on the Financial Services Register by visiting the FCA website at https://register.fca.org.uk/ or by contacting the FCA on 0800 111 6768.
We act on your behalf to access insurance products and services provided by a number of UK and international insurers. We advise you on your insurance needs and arrange the necessary insurance policies with an appropriate insurer. Additionally, we help you make any changes to your insurance policy after inception if you need it, remind you when your insurance policy is due for renewal, and in the event a claim should occur, we provide you with assistance in submitting the claim and obtaining settlement from the insurer.
We don’t offer advice in relation to tax, accounting, regulatory or legal matters.
We’re careful in our selection of insurers that we use to place your business with. Our insurer selection process includes gathering publicly available information which includes reports produced by credit rating agencies. We don’t guarantee the financial status of any insurer and we shall not be liable to you for any financial loss suffered by you in the event of the financial failure or the insolvency of an insurer.
Disclosure of Information (Insurance Act 2015)
It’s your responsibility to disclose complete and accurate information to insurers (including statements and facts on proposal forms, claims forms and other documents), at the inception of your policy, throughout the life of your policy and at renewal of your insurance policy. This information includes every material fact which is known to you or ought to be known to you in your regular course of business. You’re required to carry out a reasonable search to obtain all material information in order to present your risk fairly to the insurer. A reasonable search includes consulting with all senior management* and anyone that has knowledge or information relating to the risk you’re insuring. Information is ‘material’ if it would influence the judgement of a prudent insurer in setting the premium or determining whether to insure your risk. If you’re not sure whether something is material, you should disclose it. All information should be presented in a clear and accessible manner to the insurer – it’s only fair.
If you deliberately or recklessly fail to disclose material information or change of circumstances at any time during the policy period, your insurers may invalidate your insurance cover. This means they may be entitled toretain all premiums, treat the policy as if it never existed and refuse to make any claims payments. You could also be obliged to repay any claims payments that had already been made. If you fail to present the risk fairly, but your failure was neither deliberate nor reckless, the insurer’s response will depend upon what would have happened if you had complied with your obligations.
We advise that the information provided is checked thoroughly prior to submission and that you keep a record of all correspondence supplied in relation to the arrangement of your insurance cover.
*A senior manager is anyone who plays a significant role in the making of decisions about how your activities are to be managed or organised, regardless of whether or not that individual is a member of your board or is formally in a management role.
We’re normally remunerated by way of commission or fees for our insurance broking services to you. The commission we’re paid is a percentage of the insurance premium paid by you and given to us by the insurer we placed your business with.
We reserve the right to charge additional administration fees or reasonable charges that we will agree in advance with you. The fees and charges would be in addition to any insurance premiums for the administration, arranging, amending, renewing, and cancelling of any policy of insurance. You’re entitled to request further information regarding earnings that we receive as a result of placing your business.
You should notify us immediately of all incidents that may result in a claim against your insurance policy. If you don’t, an insurer may refuse to deal with your claim, or may reduce the amount that you receive from them. We’ll provide you with assistance and advice in submitting any claim and help obtain a settlement from the insurer on the basis that we agree with your claim. Our office is open during normal office hours. If you’re unable to contact us, please refer to your policy summary or your policy document to notify a claim direct to the insurer using the contact details provided.
Unless the policy state otherwise, you may have a statutory right to cancel this insurance within a short period. Please refer to your policy summary or your policy document for further details. If you cancel, you’ll receive a pro rata refund of premium from the insurer. If you wish to cancel outside this period you may not receive the pro rata refund of premium. We may also keep an amount that reflects our administrative costs of arranging and cancelling the insurance.
It’s our intention at all times to treat customers fairly and provide high quality service. However, if you have a complaint about our service you should contact La Playa’s Chief Executive Officer at the address listed above so the matter can be properly addressed. We handle all complaints promptly and fairly in accordance with the procedure outlined in the FCA rules. If you cannot settle your complaint with us, you may be entitled to refer the matter subsequently to the Financial Ombudsman Service.
Financial Services Compensation Scheme
We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the type of business and the circumstances of the claim. Insurance advising and arranging for non-compulsory insurance is covered for 90% of the claim with no upper limit. For compulsory classes of insurance, insurance advising and arranging is covered for 100% of the claim, without any upper limit. Further information about compensation scheme arrangements is available from the FSCS at http://www.fscs.org.uk/.
All personal information about you will be treated as private and confidential (even when you’re no longer a customer), except where the disclosure is made at your request or with your consent in relation to administering your insurance, and except where the law requires it. The FCA may ask us to provide it with access to our customer records in order that it may carry out a review of our activities.
Some or all of the information you supply to us in connection with your insurance proposal may be passed to insurance companies for underwriting and claims purposes. Under the Data Protection Act 1998 you have a right of access to see personal information about you that is held in our records, whether electronically or manually. If you have any queries, please write to La Playa’s Chief Executive Officer at the above address.
At your request or with your consent we may pass your details to La Playa Financial Management LLP.
Either Party may terminate this Agreement without liability to the other party, under any of the following conditions:
The invalidity or illegality of any portion of this Agreement shall not affect the validity or enforceability of any other part of this Agreement.
Third Party Rights
A person who is not party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term contained in this agreement.
This Agreement shall be construed and enforced under the laws of England and shall be subject to the exclusive jurisdiction of the court of England & Wales.
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