Terms and conditions of use of the platform/app “Cargofort App” https://app.cargofort.com/ 

  1. General Information

“CARGOFORT” Ltd, UIC 206388476, registered office and registered address. registered office and registered address: 11 Petko R. Slaveykov Sq., Fl. 7, 1000 Sofia, Bulgaria, is a registered insurance broker, entered by decision No. 641-ZB/31.08.2021 in the register of insurance brokers maintained by the Financial Supervision Commission, using the website www.cargofort.com and/or the mobile application “Cargofort App”, available on the website https://app.cargofort.com/

These General Terms and Conditions (GTC) regulate and govern the relationship between “CARGOFORT” Ltd as an Insurance Broker and the Users of insurance services (as consumers) arising in connection with the provision of insurance intermediary services at a distance.

  1. Definitions

“User of Insurance Services” – a natural or legal person who, through the functionality provided by the mobile application “Cargofort App” expresses the intention to make an electronic order, conclude a distance insurance contract, and/or pay the due insurance premium. A user of insurance services is also a person for whom rights have arisen under an insurance contract, as well as a natural or legal person who shows an interest in using the services provided by the Insurance Broker/Insurer in connection with its business subject.

“Insurance Policy” – part of the insurance contract containing the names of the parties to the contract, addresses, insurance coverage, limits and conditions, insurance premium, insurance terms, and the signatures of the parties to the contract.

“Electronic Order” – a request for the provision of insurance services made through the mobile application “Cargofort App” where the user manually enters personal and/or third-party data within the request for the insurance policy.

“Questionnaire” – a set of questions aimed at determining the object of insurance, the insurer, the insured person, the risk profile, and other information and data relevant to the conclusion of the insurance contract.

“Brokerage Agreement” – the agreement concluded through the “Cargofort App” by which the user authorizes and entrusts the insurance broker to conclude, on behalf and for the account of the user, an insurance contract.

“Distance Financial Services Agreement” is any agreement concluded between a provider and a consumer as part of a distance financial services system organized by the provider, where from the submission of the offer to the conclusion of the contract, the parties use exclusively means of distance communication.

“Mobile Application” is software designed for a smartphone or mobile device.

“Policyholder” is the person who is a party to the insurance contract. The policyholder, under the conditions of the insurance contract, may also be the insured or a third-party beneficiary.

“Insured” is the person whose property and/or non-property interests are the subject of insurance protection under the insurance contract.

“Insurance Event” is the occurrence of a covered risk under the insurance policy during the insurance coverage period.

  1. Pre-contractual Information about the Insurance Broker in accordance with Article 325 of the Insurance Code
    • “CARGOFORT” Ltd, with UIC (Unified Identification Code) 206388476, is an insurance broker with its registered office and management address at 11 Petko R. Slaveykov Sq., Fl. 7, 1000 Sofia, Bulgaria. It is represented and managed by Marian Atanasov.
    • “CARGOFORT” Ltd is registered as a licensed insurance broker in the register maintained by the Financial Supervision Commission (FSC) under Article 30, paragraph 1, item 12 of the Law on the Financial Supervision Commission (LFSC), with decision №641-ZB/31.08.2021. You can verify this information with the Financial Supervision Commission at the address: 16 “Budapeshta” Str., Sofia 1000, phone: 02/940 49 99, email: bg_fsc@fsc.bg , or on the website fsc.bg .
    • Certificate of Registration from the Financial Supervision Commission (FSC) under Article 309, paragraph 1 of the Insurance Code: № 776-ZB/16.09.2021.
    • “CARGOFORT” Ltd and all its employees do not have direct or indirect participation of more than 10 percent in the votes at the general meeting or in the capital of the insurer.
    • The insurer or the parent company of the insurer does not directly or through related parties own shares or stakes representing more than 10 percent of the votes at the general meeting or in the capital of the insurance broker.
    • In case of complaints about the service provided by the insurance broker “CARGOFORT” Ltd, every user of insurance services has the right to file complaints. Complaints can be submitted to the address: 11 Petko R. Slaveykov Sq., Fl. 7, 1000 Sofia, Bulgaria, or by email to marian.atanasov@cargofort.com. More information regarding the submission and consideration of complaints can be found at the following link.
    • Every user of insurance services has the right to file complaints against the insurance broker “CARGOFORT” Ltd with the Financial Supervision Commission, which is responsible for supervising insurance activities, as well as with other state authorities. Users of insurance services also have access to all forms of out-of-court dispute resolution available to them in the Republic of Bulgaria.
    • The insurance needs and requirements of the user of insurance services are determined based on the analysis of the needs of the user of insurance services performed by the insurance broker “CARGOFORT” Ltd, and the information obtained from the user.
    • “CARGOFORT” Ltd provides the user of insurance services with an information document for the insurance product.
    • Under the conditions provided by current legislation, “CARGOFORT” Ltd provides advice as an insurance broker regarding its distributed insurance products, in accordance with Article 325a, paragraph 5 of the Insurance Code—based on a fair and personal analysis.
    • Well in advance of the conclusion of an insurance contract, the insurance broker “CARGOFORT” Ltd discloses the relevant information to users of insurance services.
    • The nature of the remuneration that “CARGOFORT” Ltd receives for providing its intermediary services is a commission included in the insurance premium for insurance contracts concluded with its intermediation and is paid by the insurance company.
  2. Acceptance of the General Terms and Conditions
    • By accessing or using the platform/application “Cargofort App” you agree to these General Terms and Conditions.
  3. User registration
    • By accepting the terms and conditions of use of the website and the “Cargofort App” of “CARGOFORT” Ltd, the user agrees to the creation of a profile, which will allow him to receive relevant information about the insurance contracts concluded through “CARGOFORT” Ltd, as well as to receive information on their policies, claims or to receive offers for new insurance.
    • “CARGOFORT” Ltd reserves the right to provide the user only with information relevant to the legal relationship between the two parties, which remains confidential and strictly confidential between the parties.
    • By creating a user account, the user agrees that “CARGOFORT” Ltd will process his/her personal data in accordance with the terms of the Privacy Policy published on the Website cargofort.com , and the terms themselves can be found by following this link.
  4. Rights and obligations of the insurance broker
    • The consumer shall be promptly informed by the insurance broker about the chosen insurance company, insurance product, insurance service and insurance contract in accordance with the requirements of Article 8 of the Act on the Provision of Financial Services at a Distance, as well as in accordance with Article 324, Article 325, Article 326 and Article 328 of the Insurance Code.
    • When providing insurance services at a distance, the insurance broker is entitled to:
      • amend these General Terms and Conditions unilaterally and without prior notice to the users, and the new General Terms and Conditions shall be effective as of the date of their publication on the website cargofort.com and in the “Cargofort App”;
      • collect and store technical information, such as IP addresses, which information may be used to improve the service provided;
      • request from the User any information and documents relating to the conclusion, validity, performance and termination of the Assignment Contract and/or Insurance Contract.
    • When providing insurance services remotely, the insurance broker shall:
      • provide all necessary information about the conditions under which the insurance will be concluded;
      • advise the consumer on the conclusion of the various insurance contracts and administer their conclusion;
      • take due care that the data and information on the Website are always correct and up-to-date;
      • if requested by a user, assist in settling claims in connection with an insurance event;
      • promptly report to the relevant insurer the policies taken out and the payments received under them.
  1. User’s rights and obligations
    • When using the website and/or the “Cargofort App” of “CARGOFORT” Ltd, the user receives the following rights:
      • To obtain the policy and accompanying documents;
      • To request additional information from the insurance broker regarding the insurances for which an Electronic Order can be placed via the “Cargofort App”, for which purpose the User should make his/her enquiries via the available Quote Form;
      • To request assistance from the insurance broker in settling claims in the event of an insured event;
      • Request assistance from the insurance broker in relation to the use of the “Cargofort App”;
      • Record, archive and reproduce information contained in the “Cargofort App” for personal use only. Except as provided in the preceding sentence, information contained in the “Cargofort App” may only be recorded, archived, reproduced and distributed with the prior written consent of the insurance broker;
      • The user has the right to request additional information from the insurance broker in relation to the offers provided to him;
      • The user may not enter into an insurance contract on behalf of another person, unless he/she is the insurer and has the express consent of the insured person(s).
    • When using the website and/or the “Cargofort App” of “CARGOFORT” Ltd, the User shall also:
  • strictly monitors and complies with its obligations under the insurance contract;
  • use the “Cargofort App” in accordance with the current regulations and not to perform any actions that could disrupt its normal functioning;
  • assist the insurance broker;
  • By placing an electronic order for the delivery of insurance through the available form, the user agrees and expressly voluntarily to receive the insurance policy and the accompanying documents selected by him and to pay the insurance premium due before the expiry of the period within which he may withdraw from the contract concluded with the insurance broker for the provision of a financial service at a distance, as required by Article 13, paragraph 1, of the Regulation. 1, second sentence and paragraph 2 of the Distance Financial Services Act;
  • Users of the service offered through the “Cargofort App” undertake to provide complete, true and accurate information when filling in the data in the electronic order for the selected product, and declare that they are informed that the validity and validity of the contract concluded through the intermediary service provided by “CARGOFORT” Ltd depend on it;
  • The user of the “Cargofort App” is obliged to provide correct and accurate personal data or the data of the company whose interests are subject to insurance, on the basis of which “CARGOFORT” Ltd can make identification;
  • By accepting these terms and conditions, the user agrees that “CARGOFORT” Ltd shall record, store and use for the purposes of insurance mediation, any information, data and documents provided through the “Cargofort App” in connection with the award and performance of the services of remote insurance mediation and that the information, data and documents shall have evidentiary value for establishing the circumstances contained therein.
  • By accepting these terms and conditions, the user expressly consents within the meaning of Art. 13, para. 1, second sentence of the Distance Financial Services Act, the execution of the contract of assignment to commence before the expiry of the 14-day period for the exercise of the right of withdrawal pursuant to Art. 12 para. (1) and (2) of the Distance Financial Services Act;
  • The User undertakes to use the “Cargofort App” in accordance with the applicable legislation.
  1. Privacy Policy
    • “CARGOFORT” Ltd, as a personal data controller, processes the personal data provided by users in accordance with the Privacy Policy, which can be consulted at the following link.
    • When creating a user profile, by ticking the appropriate box, the user declares that he/she is aware of and agrees to the “CARGOFORT” Ltd Privacy Policy.
  2. Intellectual property
    • All intellectual property rights with respect to the information resources and content of the “Cargofort App” are owned and exercised by “CARGOFORT” Ltd They are protected by the Copyright and Related Rights Act and any use of content from the “Cargofort App” without the consent of “CARGOFORT” Ltd is a violation of the law, which may result in civil, administrative or criminal liability.
    • In the event of copying and/or reproduction of information outside of what is permissible, as well as in the event of any other violation of intellectual property rights on the resources of “CARGOFORT” Ltd, the latter shall be entitled to claim compensation for direct and indirect damages in full.
  3. Limitation of liability
    • “CARGOFORT” Ltd takes the necessary measures to keep the content of the “Cargofort App” up to date, but is not responsible for the actual timeliness of the same. In this regard, “CARGOFORT” Ltd shall not be liable for any damages, including direct and indirect damages, including lost profits, which a user of the “Cargofort App” may incur under any circumstances related to the use of the App. By using the ““Cargofort App”, users assume all risks associated therewith, including any risk to end user devices, software or user data.
    • Insofar as the content of the “Cargofort App” contains references to content positioned outside the same, the user is aware of the fact that “CARGOFORT” Ltd has no control over the same and is not responsible for the consequences of activating references leading outside the “Cargofort App”.
    • The Operator shall not be held liable for any malicious actions by third parties to which the User may become subject when using the “Cargofort App”. The user uses the ““Cargofort App” at his own risk.
  4. Modification of General Terms and Conditions
    • “CARGOFORT” Ltd reserves the right to amend these terms and conditions at its sole discretion and as and when necessary, and at any time the current terms and conditions of use of the “Cargofort App” will be available on the App.
  5. Applicable Law
    • The provisions of the current legislation of the Republic of Bulgaria shall apply to all matters not covered by these General Terms and Conditions.
  6. Contact information
    • For questions regarding these Terms and Conditions, you may contact “CARGOFORT” Ltd via email: atanasov@cargofort.com
  7. Additional provisions
    • Information for users of insurance services under Article 325 of the Insurance Code is available on the website of “CARGOFORT” Ltd, at this link.
    • Rules for the submission and handling of complaints by users of insurance services are available on the website of “CARGOFORT” Ltd
  8. Final Provisions
    • These General Terms and Conditions for the provision of insurance services at a distance have been prepared and adopted in compliance with the requirements of the Distance Financial Services Act, the Consumer Protection Act and the Insurance Code. The terms and conditions are generally available to all customers of “CARGOFORT” Ltd.