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 is between La Playa Ltd (“La Playa” or “we” or “us”) and Client (“you”), collectively the parties. It 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 supersedes any written agreement or oral understanding previously made or entered into by you and La Playa Ltd. No statements, assurances, descriptions or promises made or given to you shall be binding upon La Playa Ltd unless expressly contained in this Agreement.
La Playa specifically draws your attention to the Data Protection and Duty of Disclosure sections – these are important reads.
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 insurers and Lloyd’s syndicates. We advise you on your insurance needs and arrange the necessary insurance policies with a well suited 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.
As independent insurance intermediaries we act as the agent of our clients. However, in certain circumstances we may also act for and owe duties of care to other parties (for example, where we operate under Delegated Authority arrangements on behalf of insurers).
We do not offer advice in relation to tax, accounting, regulatory, or legal matters.
Your Rights and Obligations
Your obligations will differ depending on whether you are classified as a consumer or a non-consumer client.
Disclosure of information
Under the Consumer Act 2012, you have the responsibility to take reasonable care not to misrepresent information to insurers. You are required to make sure all statements and facts disclosed on proposal forms, claim forms, and other documents are answered fully and honestly.
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 to retain 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.
It is 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 the Chief Executive Officer at Merlin Place, Milton Road, Cambridge, CB4 0DP, 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, which is an independent complaints resolution service. The website for the Financial Ombudsman Service is www.financial-ombudsman.org.uk.
If your policy is insured in the Lloyd’s market and you are not satisfied with our response or you have not heard from us within 2 weeks you are entitled to refer the matter to Lloyds. You may contact Lloyd’s at:
One Lime Street
London EC3M 7HA
Financial Service Compensation Scheme
We are covered by the Financial Conduct 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.
Further information about compensation scheme arrangements is available from the FSCS.
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 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. In the event that an insurer becomes insolvent or delays making settlement we don’t accept liability for any unpaid amounts. 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 to the insurer directly using the contact details provided.
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. We may keep a portion of any pro rata refund to reflect the administrative costs of arranging and cancelling the insurance.
Security of Insurers
We are 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. However, we do not 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.
La Playa is committed to keeping your data confidential and processing all information in accordance with the General Data Protection Regulation.
We collect and use relevant information about you to provide you with your insurance cover (or the insurance cover that benefits you) and to meet our legal obligations.
This information includes details such as your name, address and contact details and any other information that we collect about you in connection with the insurance cover from which you benefit. This information may include more sensitive details such as information about your health and any criminal convictions you may have.
In certain circumstances, we may need your consent to process certain categories of information about you (including sensitive details as outlined above)). Where we need your consent, we will ask you for it separately. You don’t have to give your consent and you may withdraw your consent at any time. However, if you don’t give your consent, or you withdraw your consent, this may affect our ability to provide the insurance cover from which you benefit and may prevent us from providing cover for you or handling your claims.
If you provide personal data to us relating to any person other than yourself, you must ensure that they understand how their personal data will be used and that you are authorised to disclose it to us, and to consent to its use on their behalf.
We may share your information with third parties in order to provide our service to you. We will only disclose your personal information in connection with the insurance cover that we provide and to the extent required or permitted by law. These third parties may include but are not limited to:
You have the right to see what personal information we hold about you and you can ask us to correct inaccuracies, delete or restrict personal information or ask for some of your personal information to be provided to someone else. You have the right to object to how we use your personal information.
We are remunerated by way of commission 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’ll 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 are entitled to request further information regarding earnings that we receive as a result of placing your business.
Prior to your premium being forwarded to the insurer, and for your protection, we either hold your money as agent of the insurer, or hold it in a client bank account on trust for you in a statutory trust account in accordance with the FCA Client Assets Sourcebook (CASS) rules. The purpose of the statutory trust is to protect you in the event of the failure of our firm, the failure of the bank or a third party at which the money may be held.
A copy of the CASS rules are available on request.
The Criminal Finances Act 2017
We’re committed to zero tolerance towards tax evasion, bribery and other financial crimes. The new corporate offence of ‘failure to prevent the facilitation of tax evasion’ was introduced by the Criminal Finances Act 2017 (CFA). In accordance with the new legislation, our processes include reasonable procedures to prevent the facilitation of tax evasion as well as other financial crimes. The CFA puts responsibility on firms to comply with this legislation, and we expect all commercial customers to comply with the requirements of the CFA.
We operate in compliance with the UK Bribery Act 2010 and bribery laws in all countries in which we transact business. We’re committed to the prevention, deterrence, and detection of bribery.
We’re obliged to report to the Serious Organised Crime Agency any suspicion of money laundering or terrorist financing activity and we’re prohibited from disclosing any such report.
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.
Our Agreement will continue until terminated by either of us giving seven days’ written notice to the other. Additionally, either Party may terminate this Agreement immediately, by giving notice in writing, under any of the following conditions:
In the event that this Agreement is terminated, we will no longer provide you with any services, including claims handling, except where we’re required to continue handling your claim under the terms of our delegated authority from certain insurers. Any commission or fee is considered to be fully earned when your insurance(s) incept and any unpaid commission or fee will be due and payable to us upon termination.
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.
Thanks for reading – you’ve earned a cup of tea!
Alison McQueen, Author