General Terms and Conditions for the use of the kasko2go App
Thank you for choosing kasko2go's future-oriented motor vehicle insurance. This solution is based on innovative telematics technology to satisfy the individual requirements of customers and is fundamentally different from traditional vehicle insurance. Thank you for choosing kasko2go's future-oriented motor vehicle insurance. This solution is based on innovative telematics technology to satisfy the individual requirements of customers and is fundamentally different from traditional vehicle insurance. These General Terms and Conditions provide you with greater detail on how this insurance works, its special features and the rights and obligations associated with the use of the kasko2go app.
1. For whom do these T&Cs apply to? The following terms apply to the use of the kasko2go app and govern the reciprocal rights and obligations between kasko2go and the app users.
2. Where do you find the terms for the insurance contract? The motor vehicle insurance contract is effected between Simpego Versicherungen AG (referred to below as the "Insurer") and the policyholder. The relevant Simpego general terms and conditions can be found at the following link: https://www.simpego.ch/de/service/downloads
3. What does the kasko2go app offer? With kasko2go's app you can take out fully digital motor vehicle insurance based on your individual needs. Part or all of the premium for your insurance contract is based on the number of kilometers you drive with the insured vehicle and the score (rating) for your driving performance calculated by kasko2go. If a fixed premium is agreed, it is due regardless of the kilometers driven and the kasko2go score. Furthermore, with our insurance solution you will be invoiced for your premium monthly rather than annually.
The app also includes a series of relevant functions so that you can benefit from an insurance solution tailored to your individual requirements. Some of these functions are listed below:
Pay As You Drive (PAYD); the amount of your premium for third-party liability and fully comprehensive insurance cover including collision (Vollkasko) is based on the number of kilometers you drive in the insured vehicle. You benefit from this element if you drive less than 12,000 km a year. If you drive more than 12,000 km a year, our solution would never cost you more than what you would pay for a conventional, traditional insurance premium. In other words, our solution will only benefit you and save you money.
Pay How You Drive (PHYD); your driving performance and other factors such as the weather during the journey, the current road conditions or traffic situation are incorporated in a model that scores your journey (on an assessment scale of 0 to 100). The better and safer you drive, the higher your score. The score obtained determines whether you are entitled to a reduction and how much this will be. The higher the score, the higher the refund you are entitled to.
Maximum amount/premium: The maximum annual premium due (maximum amount) is set out in your insurance contract. If the maximum amount has been reached, no further premiums are debited for the rest of the insurance year, providing no changes are made to the contract.
Variable element: Those elements (cover) of the insurance for which the price is influenced by PAYD and PHYD are termed the variable element or indicate variable premiums:
– Third-party liability – Collision insurance – Fixed element: The price of the cover below is not influenced by either PAYD or PHYD, i.e. they are fixed premiums: – Comprehensive insurance excluding collision (Teilkasko) – Parking insurance – Roadside assistance (24h Assistance)
4. How does what kasko2go offers differ from traditional motor vehicle insurance policies? kasko2go's insurance solution takes into account both the number of kilometers (km) traveled and the driving style. Our premiums therefore vary for the forms of cover that are linked to driving style and performance (third-party and collision insurance).
The level of premiums for both these forms of cover may be substantially influenced by the two components Pay As You Drive and Pay How You Drive.
4.1. How does Pay As You Drive (PAYD) work? The Pay As You Drive offer determines the premium on the basis of the number of kilometers traveled with the insured vehicle. You record the number of kilometers traveled once a month using the kasko2go app and receive an appropriate invoice based on the number of kilometers traveled during this month.
At present, the maximum number of kilometers in an insurance year is 12,000 km (status as at April 2019), i.e. users who drive less than 12,000 km during the insurance year benefit from the PAYD offer. All other users who reach or exceed this kilometer limit will pay the maximum premium due per year (maximum amount) that is set out in their insurance contract.
4.2. How does Pay How You Drive (PHYD) work? The amount of your refund for your driving performance is determined by our Pay How You Drive offer. There is an entitlement to a refund if the following prerequisites are cumulatively applicable:
Limit of 5,000 km driven reached in first insurance year: you can qualify for the discount for kilometers driven above 5'000;
Activation of the kasko2go app: The kasko2go app must be activated before and during every journey. We have developed technology that allows the kasko2go app to activate automatically (automatic start-stop) as soon as the app detects movement. Our app is also programmed to detect automatically whether you are driving or whether you are on foot. Scoring for this journey is calculated and displayed after each journey. The value of this scoring determines whether you are entitled to a PHYD refund.
Scoring value of more than 59: If your scoring result is more than 60 at the end of an insurance year, you receive a PHYD refund for the variable cover elements (liability, collision insurance). You can see the amount of the refund from the table below:
4.3. What is scoring? When you activate our app or execute it in the background, your journey will be recorded and evaluated on the basis of different parameters. Kasko2go uses this data for scoring that provides information about your driving performance, including on the basis of the following criteria:
Braking, speed, acceleration, etc. Road types, road conditions, etc.
Dynamic data (traffic jams, volumes of traffic, accidents, road works, weather, visibility, etc.)
5. Concluding a contract/opening an account The contract between you and kasko2go comes into effect when you agree to the General Terms and Conditions of the kasko2go app. To do this, you open an account in which you must enter the necessary initial personal data. You can see from our data protection declaration for the app which data is recorded here.https://public.kasko2go.com/swiss/de/policy.pdf
6. Using the app 6.1. What do I need to take into account when using the app? The use of our telematics-based insurance solution involves the following particular obligations: You give the kasko2go app access to your camera and also your movement and location data. The kasko2go app must be activated for every journey or be executed in the background so that you are entitled to our PHYD offer. In case the distance recorded via app differs more than 25% from the distance of the mileage photo, the PHYD discount is not applicable. When you register your policy with the vehicle registration authority (road traffic authorities, motor vehicle control office), you must advise us of the current km reading within 48 hours. This is convenient and easy for you to do, using the relevant function on the kasko2go app. Once the contract has started, you must send us current photos showing the current kilometre reading of the insured vehicle once a month during the term of the contract. This is convenient and easy for you to do, using the relevant function on the kasko2go app. You will be sent push notifications between the 21st and 29th of each month to ask you to take the photo and send it to us. If you deliberately send a false kilometre reading, you may be prosecuted. When the contract is terminated by anyone for any reason whatsoever, you must let us know the latest kilometre reading within 3 days. If you fail to send us the kilometre reading in good time, you are not entitled to a proportionate offset of the last monthly premium. Your attention will also be called to this fact by appropriate messages in the app.
6.2. What happens if I do not send a photo with the kilometre reading? If you do not respond to our request to report the current km reading within two months in succession, the remaining premium of the insurance contract up to the end of the contract term will become due immediately. If you do not respond to our request to report the current km reading in a month, you will be charged the price based on the difference of the two most recently provided km readings. When your policy is registered with the vehicle registration authority, if we do not receive from you a photo of your vehicle's kilometer reading within 48 hours, we will charge an amount equivalent to 1,000 (1/12 of 12,000 km) kilometres driven to your credit card at the end of the month. In the event of termination of the contract, this rule likewise applies if you fail to send us a photo of the kilometre reading within three days of termination of the contract.
7. Demo Drive kasko2go offers new customers one-off free access to the app for 14 days (referred to below as the Demo Drive mode). The Demo Drive mode allows you to test the driving behaviour functions for 14 days without having to sign a binding insurance contract for that purpose. You are under no obligation to sign an insurance contract when the Demo Drive mode ends. The functions described above are no longer available if the Demo Drive mode ends without a binding insurance contract having been signed. These general terms and conditions of business likewise apply to use of the app for the duration of the Demo Drive mode.
8. Payment conditions/method of payment You pay the premium to the insurer using the kasko2go app. The new insurance approach based on telematics brings with it a method of payment that is unusual for the industry and thus has innovative features. All important methods of payment are listed below:
Monthly payment intervals for both the fixed and variable premium: – The variable premium will be charged at the end of a month for that month.
Example: "The invoice at the end of February is made up of the premium that is based on the kilometre reading showing the distance you have actually driven in February and also the premium for the fixed elements for the month of February".
– The fixed premium for the first insurance month will be invoiced proportionally (Example: If the insurance commences on 10 April, a charge will only be made for the days from when the insurance starts to the end of the calendar month, in other words 20 days (to 30 April). – You only receive one invoice at the end of each month. – The credit card indicated by you will be debited automatically every month – If the insurance is taken out after the 15th day of a particular month, only the fixed premium for that month will be charged. The kilometres travelled will be shown and billed on the next month's statement.
10. What security does the app provide? The app offers a secure platform and communications interface between you and the insurer. Kasko2go has programmed the software for your scoring and to do this records the necessary data for you. The kasko2go app is operated with appropriate and up-to-date technical and organizational security features, which are continuously adapted to state-of-the-art technology procedures.
11. What are kasko2go's rights and obligations? kasko2go has programmed and operates this app and uses it to collect data so that the company can provide the services described. However, malfunctions and interruptions may occasionally occur when operating software and kasko2go tries to resolve these as quickly as possible.
12. What other rights and obligations do the app users have? The app users may enter their initial data in the app and use it to take out motor vehicle insurance with the insurer and also use kasko2go's products. They use the app for these purposes only. The users also undertake to enter their correct initial data into the app and not to provide any misleading information. The users undertake only to use their access to the app personally and not to grant a third-party access to it. Users shall not use software or other data that may result in changes to the physical or logical structure of the network, the software and/or the operating system of the app.
13. Liability kasko2go shall not be liable if force majeure or maintenance causes use of the app to be interrupted, limited in full or in part or be impossible to use. Force majeure means natural events with particular intensity (avalanches, flooding, landslides, acts of war, riots, unforeseeable restrictions by the authorities, etc.). kasko2go and its hosting partner back up all the data on a redundant server at the required intervals. If a loss of data occurs, the data lost is no more than the data stored during this period that is not contained in the backup. The users bear this risk. For other cases, liability is excluded to the extent permitted by law; in particular, kasko2go's liability is limited to gross negligence and intent.
14. Terminating the contract to use the app The contract to use the app ends when the user deactivates the account or when the duration of the Demo Drive mode expires. Furthermore, kasko2go may exclude a user from using the app with immediate effect, if a serious breach of these provisions occurs (e.g. attempted manipulation or fraud). If notice to end the contract is given pursuant to Section 15 below or if the contract is terminated for other reasons, regardless of the particular reason or of the person by whom it is affected (termination of the contract), the user shall then only have limited access to the app functions and the entitlement to PHYD and PAYD reductions shall lapse. In addition, the maximum premium falling due on the insurance contract until the end of the contractual term shall then be payable in uniform monthly instalments until the ordinary contract expiry date. When the notice period expires, kasko2go is entitled, but not obliged, to delete all the data still present on the app for which there is no statutory storage requirement. Upon the expiry of the notice period, kasko2go is no longer required to store, make available or release the user's data or documents.
15. Changes to the General Terms and Conditions of Business kasko2go reserves the right to amend these provisions at any time. Such amendments will be notified in written form (e-mail) to the users at least 14 days before they take effect and shall be deemed to have been approved unless the user gives written notice to terminate the contract for use of the app before the amendment takes effect. Termination of the contract for use of the app does not alter the contractual insurance relationship with the insurer. The insurer's relevant general terms and conditions of insurance shall apply. kasko2go may make technical adjustments to the app at any time and add other product components or remove product components. kasko2go can also cease to operate the app subject to giving notice of three months. Once the notice period has expired, kasko2go will delete all data that is still on the app, unless it is data that kasko2go has a statutory obligation to retain.
16. Applicable law and competent court This contractual relationship shall be governed exclusively by Swiss law.
17. Edition of the General Terms and Conditions of Business