for the group insurance contract no. 16.332.453 between Zurich Insurance Company Ltd (Zurich) and Sharely AG (Sharely) relating to motor vehicle insurance for rented motor vehicles

  1. Who is the insurer?

    Zurich Insurance Company Ltd, which has its main office at Mythenquai 2 in 8002 Zurich (Zurich), and is supervised by FINMA, the Swiss Financial Market Supervisory Authority (Laupenstrasse 27, 3003 Bern).

  2. Insured persons

    Those considered insured and eligible are lessor and renter (incl. additional driver) domiciled in Switzerland regarding rentals via Sharely. In order for the insurance cover to exist, the lessor must have activated it when creating the offer.

  3. Insured objects

    The insurance covers motor vehicles ( incl. motorcycles) up gross vehicle weight of 3'500 kg and motorized motor homes weighing up gross vehicle weight of 9'000 kg.

  4. Non-insurable objects

    All other objects are not protected. This includes:

    1. Caravan

    2. Motor vehicles that First Registry Date more than 15 years before the damage occurred

    3. E-bikes including trailers

    4. Watercraft of all kinds, including ships

    5. Aircraft of all kinds

    6. Movable property (see property insurance)

  5. Duration of insurance coverage

    The insurance cover applies to damage that occurs during the rental period recorded on Sharely. It is therefore important to adjust the dates on Sharely should the over- or return date change.

  6. Territorial scope

    Insurance coverage is provided for damage or losses that occur within Europe (in the geographical sense). The countries of Belarus, Moldova, Ukraine, Russia, Georgia, Azerbaijan and Kazakhstan are excluded.

  7. What is the protection?

    The insurance consists of:

    • third party liability insurance and

    • comprehensive cover

  8. Third party liability insurance

    Motor vehicles in public must have a third party liability insurance. However, the motor vehicle insurance usually includes an exclusion in the event that the vehicle is rented out commercially / for a fee. This is where this motor vehicle insurance comes in: It protects against recourse claims by the motor vehicle insurer if there is no other protection.
    The sum insured according to the collective insurance contract is CHF 100,000,000 (cumulative for all damage relating to tenancies on Sharely).
    The deductible is CHF 1,000 per event.

  9. Comprehensive cover

    The insurance covers damage due to sudden, violent external influences as well as loss, destruction or damage to the vehicle as a result of theft. In these cases, the deductible is CHF 1,000 per event.

    The following damage is also insured, with a deductible of CHF 0:

    1. Damage caused by natural hazards as a direct result of rockfalls, landslides, avalanches, snow pressure, storm (wind of at least 75 km/h covering trees or buildings in the area surrounding the vehicle), hail, rising water levels and flooding. The list is conclusive.

    2. Snow slide damage (damage caused by snow or ice falling onto the vehicle).

    3. Damage to the vehicle caused by fire, explosion, lightning, short circuit.

    4. Damage caused by collision with animals on public roads.

    5. Damage to glass (breakage of the front, side, rear and roof windows as well as to all vehicle parts made of glass or materials that serve as glass replacements).

    6. Willful or malicious breaking off of the antennas, rear-view mirrors, windscreen wipers or ornaments, puncturing the tires and spilling harmful substances into the fuel tank by a third party (note: other damage caused by the willful acts of third parties is insured under the above-mentioned cover for damage due to sudden, violent external influences as well as loss, destruction or damage to the vehicle as a result of theft). Third parties are all persons apart from the lessor, the renter and the additional driver.

    7. Damage and consequential damage caused by marten or rodent bites.

    The maximum compensation is

    • for passenger cars or vans: either CHF 50,000 or CHF 100,000 depending on the selection from the lessor on the Sharely platform. The information on the platform is decisive.

    • For motorcycles: CHF 20,000.

    In case of partial damage, the following applies:

    • If the vehicle is damaged through an insured event, Zurich will pay the reasonable costs of repair, taking into consideration the condition and age of the vehicle. Zurich will determine the repair garage.

    • If lack of maintenance, wear and tear or preexisting damage has substantially increased the costs of repair or if the repair has substantially improved the condition of the vehicle, the lessor must bear a reasonable portion of these costs himself.

    • Tires shall be indemnified based on their degree of wear.

    • If the claimant is entitled to deduct input tax, the value-added tax component will be deducted.

    • If payment is made without any repairs being carried out, the calculated repair costs will be reimbursed exclusive of VAT.

    In case of Total loss, the following applies:
    Zurich will pay benefits in accordance with the compensation table below if:

    1. The cost of repair in the first two years amounts to at least 65% of the indemnity listed in the base table below,

    2. The cost of repair reaches at least the replacement value after more than two years of service,

    3. The vehicle that has been used without permission is not recovered within 30 days of Zurich receiving notification of the theft.

    Compensation table

    Year of serviceAs a % of the vehicle replacement value as new*
    in year 1100%
    in year 295%-85%
    in year 385%-75%
    in year 475%-65%
    in year 565%-55%
    in year 655%-45%
    in year 745%-40%

    more than 7 years Replacement value
    *declared catalog price and accessories

    The replacement value is the amount that would have to be paid on the date of the loss or damage to purchase a similar vehicle of equivalent value on the open market. If no agreement can be reached regarding the replacement value, the valuation guidelines for road vehicles and trailers of the Swiss Association of Neutral Freelance Vehicle Loss Adjusters (vffs) shall apply.

    • If the indemnity is higher than the price that was paid for the vehicle, only the price paid will be reimbursed, but this may not be lower than the replacement value of the vehicle. If the replacement value is higher than the original new value, the latter will be the maximum indemnity.

    • Preexisting unrepaired damage will be deducted from the indemnity.

    • The benefit will always be reduced by the value of the unrepaired vehicle or accessories. If this amount is not deducted from the maximum benefit, the wreck will become the property of Zurich when payment is made.

    • These provisions apply mutatis mutandis to individual items of equipment and accessories, excluding tires.

    • If the claimant is entitled to deduct input tax, the value-added tax component will be deducted.

  10. Uninsured events

    The lessor must report any damage to the vehicle to Sharely immediately, but no later than within 2 days of the registered return date. Without timely notification there is no comprehensive insurance cover.

    1. Damage due to vehicle operation

      • Loss or damage due to wear and tear, vehicle operation and breakage (breakage of glass, on the other hand, is insured within the meaning of this customer information),

      • Damage due to inappropriate handling and due to the use of inappropriate fuels or fluids,

      • Damage due to lack of oil,

      • Damage due to lack of or the freezing of coolant,

      • Damage that only affects the batteries,

      • Damage caused by loaded goods (except following an event insured under collision or interior coverage),

      • Damage to the electronics caused by an internal defect.

    2. Depreciation in value and loss of use

      • Depreciation in value (reduction in the market value) due to a repair, reduced power or serviceability of the vehicle as well as loss of use,

      • Forcible damage (accident-related damage to tires only),

      • Damage to the tires, without there being damage or defects from the same event on other parts of the vehicle at the same time

      • Scorch damage.

    3. Racing and similar activities

      Damage occurring during participation in races, rallies or similar competitions or any driving on racetracks and associated secondary tracks.

    4. Illegal driving

      Loss or damage caused while the vehicle is being driven by a driver who is not in possession of the learner's or driver's license required by law, or who is not accompanied by an appropriate person as stipulated, or who is unlawfully carrying passengers, provided that the lessor could have recognized this;

    5. Unauthorized driving

      Damage occurring on journeys that are in breach of laws or official orders.

    6. Alcohol/violation of traffic regulations

      Damage if, at the time of the accident, the driver has a blood alcohol level of 1.6‰ (minimum value) or more, or is unfit to drive due to the influence of medication with a narcotic effect or the influence of drugs. If an alcohol breath test has been performed instead of a blood test, the same applies for a breath alcohol concentration of 0.80 mg/l or more. Likewise, damage caused by a particularly flagrant disregard of the permissible speed limit, hazardous overtaking or participation in an illegal race with motor vehicles pursuant to Article 90 paragraph 3 of the Swiss Road Traffic Act (RTA).

    7. Special events of theft

      • Embezzlement (renter does not return vehicle),

      • Theft of fuel,

      • Motorcycle theft outdoors, in a collective garage or in an unlocked room if the motorcycle was not locked or if the steering wheel lock was not activated,

      • Vehicle thefts by people who live in the same household as the lessor or renter are not considered damage caused by theft

    8. Criminal offense

      Damage in connection with the intentional or attempted commission of criminal offenses and misdemeanors;

    9. State of emergency

      • Losses or damage arising from warlike events, violations of neutrality, revolution, rebellion, insurrection as well as in the event of earthquakes, volcanic eruptions or damages resulting from nuclear stations or devices, unless it can be proved that the loss or damage has no connection with these events,

      • Losses or damage in the event of civil unrest (acts of violence against individuals or objects at riotous assemblies, riots or disturbances) unless it can be credibly shown that reasonable precautions were taken to prevent such damage,

      • Damage occurring while the vehicle is being requisitioned by the authorities.

  11. Gross negligence

    In liability insurance and in insurance for violent damage (accidental damage), Zurich waives recourse or reduction of benefits to the insured persons if the damage event was caused through gross negligence.

    However, Zurich has recourse against the insured persons if the damage is caused:

    • in a state of intoxication or incapable of driving, or

    • by blatantly disregarding the permitted maximum speed, reckless overtaking or participation in an unauthorized race with motor vehicles in accordance with Art. 90 Para. 3 SVG.

    In the case of recourse, Zurich takes into account the degree of fault and the economic capacity of the person against whom recourse is taken.

  12. Obligations in the event of a loss

    The lessor must report any damage to the vehicle to Sharely immediately, but no later than within 2 days of the registered return date.The renter is automatically informed when the damage is reported.

    Upon the occurrence of an insured event, the insured person must report the damage or loss immediately via Sharely's online claim form, which is possible up to two days after the end of the rental period. The renter will be automatically notified in the event of a loss as soon as the loss is reported.

    In the event of theft, the insured person must report the incident to the relevant police station. If the stolen object is recovered, Zurich must be informed.

    In the event of damage caused by animals, a government body must be informed immediately (e.g.police or game warden). A report must be drawn up or the animal owner must confirm the event in text form.

    The insured person shall protect the claims to which they are entitled, to the extent necessary, cooperate with Zurich in enforcing them.

  13. Breach of obligations

    In the event of a breach of obligations, payment of insurance benefits may be declined or the benefit amount reduced. This disadvantage shall not apply if, under consideration of the circumstances, no culpable breach is discernible or the breach did not influence the occurrence and scope of the damage or loss.

  14. Place of jurisdiction and applicable law

    The lessor / renter / additional driver can choose between the following as the place of jurisdiction for disputes arising from the group insurance contract:

    1. Zurich

    2. His the Swiss place of residence.

    Swiss law applies.

  15. Sanctions

    Zurich will not provide any insurance benefits to the extent and for as long as it violates applicable economic, trade or financial sanctions.

  16. How does Zurich handle personal data?

    Zurich processes data relating to natural persons (personal data) in connection with the conclusion and performance of the contract and for other purposes. Further information on this processing (including the purposes, recipients of data, retention and rights of data subjects) can be found in Zurich's privacy policy. This privacy policy can also be viewed at www.zurich.ch/en/data-protection or obtained by contacting Zurich Insurance Company Ltd, PO box, 8085 Zurich, datenschutz@zurich.ch.

    Please note that this document is for your information only. In any case, the collective insurance contract between Sharely and Zurich is decisive.