A cargo ship capsized in Taiwan Strait 90 nm west of Kaohsiung, on January 16, with all of the crew being rescued.
According to reports, the ship reported water ingress, and developed a portside list, after which it requested assistance.
Further information notes that some or all of the crew had to jump into water, but fortunately all 8 were rescued by a helicopter, and are now safe.
Eventually, the ship capsized and sank.
BRANDENBURG MARINE INSURANCE BROKERS LTD
TERMS OF BUSINESS
We, Brandenburg Marine Insurance Brokers Ltd., are fully regulated by the Superintendent of Insurance of the Republic of Cyprus under license number 5331. You can verify our licence to provide insurance broking services by visiting the website of the Insurance Companies Control Service in Cyprus.
Purpose of these Terms of Business – To clearly and concisely establish a contractual framework for the provision of our services to you.
Our Values – We are a specialist marine insurance broker committed to providing the best marine insurance solutions to our clients. We strive to provide transparent broking activities to our clients and ensure that their risks are placed with the best securities in the market at the most competitive rates.
Our Services – As an insurance broker, we normally provide some or all of the following services according to these Terms of Business:
- negotiating and placing insurance covers for our clients
- providing our clients with their insurance covering documents
- advising our clients on their insurance covers
- assisting in presenting our clients’ insurance claims and liaising with their insurers.
Negotiating and Placing Insurance Cover – Prior to approaching any insurers we will request you to provide us with all the information we require in order to fully understand your insurance needs. We will then commence negotiations with suitable insurers in order to obtain competitive quotations appropriate for your insurance needs. Where we consider it appropriate or when same is required by relevant law, we may approach insurers via other insurance intermediaries (brokers). In some instances, we may ask you to issue a Letter of Appointment to us prior to us approaching any potential insurer.
Completing Application Forms – Obtaining quotations for your required insurance may need completion of application forms/questionnaires. You must complete them accurately. While we can provide our guidance to you for filling out the application forms/questionnaires, we cannot sign them for you.
Duty of Disclosure of Information – During your insurance application, you have the responsibility to disclose to the prospective insurer every material circumstance known to you or ought to be known to you. Such circumstances may influence the insurer's decision to accept the policy and/or what terms to apply. Failure to disclose material circumstances may result in cancellation of your policy or full or partial rejection of your insurance claim under the policy. If you are in any doubt whether any circumstances are material, you should disclose them. This duty applies not only during your insurance application but also at renewal and when amending your policy.
Solvency of Insurers – While we will only place your insurance cover with insurers that are considered to be financially sound or with insurers for which you have provided us your specific written instructions, solvency of the insurer cannot be and is not guaranteed.
Binding Insurance Cover and Your Agreement to These Terms of Business – Your instructions to us to bind an insurance cover for you shall be deemed your signed, written agreement that provision of our services to you shall be subject to these Terms of Business and any additional agreement concluded between you and us, and our commercial relationship shall formally commence at that moment.
The Form of Insurance Documents – Once the insurance cover has been bound, we will receive your insurance documents from your insurer, including but not limited to your Certificate of Insurance (Cover Note) and the applicable policy terms and conditions, for their further forwarding to you. Insurance documents are usually provided in electronic form. Should you wish to receive your insurance documents also as hard copies, please inform us accordingly.
Responsibility for Checking Insurance Documents and Seeking any Required Clarification – As soon as we provide you with your insurance documents, it is your responsibility to read them carefully and let us know if you require any clarification regarding your insurance cover. Lack of thorough understanding of your policy may prevent you from taking actions required under your policy or lead you to taking actions not allowed under your policy, thus resulting in you being in breach of the policy terms and conditions. In particular, we would like to stress to you the importance of complying with all the warranties/subjectivities applied on your policy as it may affect validity of your policy and your ability to obtain claim reimbursement under the policy. Please also note that it is important to handle your policy and relevant insurance documents in a safe manner.
Payment of Insurance Premium – It is of utmost importance that you comply with all your policy’s terms regarding payment of premium or any instalment thereof. Please note that failure to make any payment by the due date may lead to insurers cancelling your policy. Please also note that insurance premium may include applicable tax (if any) which is not refundable in case of subsequent policy cancellation.
Our Remuneration – As an insurance broker, we earn our commission from the insurance premiums of policies placed via our services. Such commission is included in any insurer’s quotation we provide to you. Our commission is deemed earned in full at the moment of binding your insurance cover. Therefore, please note that in case of policy cancellation we retain the earned commission in full and it is not refundable.
Our Debit and Credit Notes – Our Debit Notes will show the premium, deductible or any other amounts or fees due from you to your insurer or us. While Our Credit Notes will show claim settlement, reimbursement of condition survey costs or any other amounts or fees credited to you by the insurer or us.
Amendments to Your Policy – Should you require any amendments to your policy, we will need your written instructions thereof. Upon insurer’s confirmation of the amendments having been effected, on most occasions they will provide us with an endorsement. However, for some amendments, the insurer will merely provide a written confirmation in a form of an email. We will forward such endorsement to you or inform you of the written confirmation having been provided by the insurer.
Prompt Notification of Claims – If you need to notify an actual or potential insurance claim, it is important to notify us immediately, so that we may advise your insurer accordingly. You may also refer to your policy for full details of insurance claims’ notification requirements, should you prefer to report the claim directly to your insurer. Please note that it is your responsibility to monitor the time limitation periods under your policy applying to your insurance claims.
Claims Handling – As your insurance broker, we act for you by assisting in presenting your claim and liaising with your insurer for the period of our appointment. However, in order for us to fully exercise such assistance in an efficient manner and ensure that we proceed in accordance with your wishes and decisions, we will need your input in providing the required documents/information/confirmations/instructions as the case may be. Your responsiveness and full cooperation in providing the above and complying with the applicable deadlines is therefore crucial for efficient processing of your insurance claim. Please note that on a case by case basis and in case of complex claims, we may charge claims handling fees. Please also note that grounds for making an insurance claim under your policy may also arise after the termination of your policy. Therefore, it is important to handle all relevant documents and evidence in a safe manner.
Electronic Communication – During the course of providing our services to you, we may communicate with you and with other relevant parties by electronic mail, sometimes attaching further electronic data, such as scanned copies of documents and email exchanges. By using electronic means of communication, we and you accept the risks inherent thereto, such as but not limited to security risks of interception of or unauthorised access to such communication and the risks of viruses and malware. Neither of us will challenge the legal evidential standing of an electronic document, and the Brandenburg Marine Insurance Brokers Ltd. system shall be deemed the definitive record of electronic communications and documentation.
Confidentiality – All information provided by you to us during your insurance application, policy negotiations, duration and renewal of your policy will be treated as confidential, except where:
- disclosure is required in order for us to provide your solicited services;
- disclosure is requested by you;
- the information is available in public domain;
- disclosure is required by applicable law.
Exclusive Use of Our Information – All data, recommendations, proposals, reports and other information provided by us to you in connection with our services are provided for your exclusive use only. You undertake not to permit access by any third party to such information without our express written permission.
Client Money – In accordance with the applicable regulations, our clients’ funds are kept in separate bank accounts from our own funds.
Our Administrative Fees/Charges – We reserve the right to make charges to cover the administration of your insurance and making relevant transfers of funds. Such charges are not refundable, including in case of cancellation or amendments to your policy. Our current charges are as follows while we reserve a right to amend them at any time without prior notice in order to reflect any change in the actual costs to us:
|TYPE OF FEE/CHARGE||AMOUNT (USD*)|
|Bank transfer (per transaction)||50|
|Policy cancellation||200 - 500|
* or equivalent in EUR
Change in Circumstances - In case of any changes in your circumstances that may affect our services provided or to be provided to you, you must advise us as soon as reasonably possible.
Complaints Procedure – We endeavour to provide our clients with the best possible service, however, we recognise that every client has a right of complain, should he/she feel unsatisfied with the level of service provided by us. You can access our complaints procedure here.
Termination – Our appointment as your insurance broker according to these Terms of Business may be terminated as follows:
- with immediate effect, if either party becomes insolvent or is subject to a winding up or similar procedure; or
- by one party giving a 60 days’ prior written notice to the other party by registered mail to the relevant party’s registered address or by email to the main email address(-es) actively used for the latest communication between you and us. Notice served by registered mail is deemed received on the third day after its posting, while a notice served by email is deemed received on the next working day after it was sent.
Upon the termination according to the above, we will be entitled to receive any remuneration earned or payable at the relevant date, including by off-set.
Limit of our Liability – Please kindly note that our total liability to you that may arise from or in relation to us providing our services to you under these Terms of Business is limited to USD 500 000 (USD five hundred thousand only.
Applicable Law and Jurisdiction – These Terms of Business are governed by Cyprus law. Any dispute arising from or in connection to these Terms of Business shall be subject to the exclusive jurisdiction of the courts of Cyprus.
Amgad Wanis – Managing Director
Amgad is the Managing Director of Brandenburg Marine. He has a Bachelor degree in Management and has carried out additional insurance studies from the Chartered Insurance Institute in London. Before moving to Cyprus, Amgad worked for Munich Re Group in Germany, as well as in Egypt for 5 years. Since 2002,
Direct line: +357 25 345518
Mobile: +357 99851681
Debbie has been working in the insurance industry since 2001, and particularly in the Marine Insurance sector since 2008. Previous to her work experience in the insurance industry, she was employed in the shipping sector involved in the operations side as well as chartering. Debbie is assisting Amgad in the Underwriting Department.
Direct line: +357 25 345516
Jekaterina Badejeva – Senior Claim Handler
Before joining Brandenburg Marine Jekaterina worked for a fixed premium P&I/FD&D facility. Her professional experience also includes working for a leading regional law firm in the Baltic states and an internship with a top maritime law firm in Spain. Jekaterina has
Email: email@example.com / Jekaterina.firstname.lastname@example.org
Direct line: +357 25 345526
Mobile: +357 99876433
Pambos Stamataris - Accountant
Pambos is a member of AAT (Association of Accounting Technicians) and has worked in the banking industry for 16 years prior to moving to the private sector in different positions. Since 2005 he has gained experience in the accounting side of the marine insurance industry.
Direct line: +357 25 345517
Nicholas Stavrinides - Accountant
Nicholas is a BA (Hons) graduate in Accounting & Finance and has worked in the Shipping industry for almost 20 years prior to moving to the Construction industry for a 4 years contract in managerial positions abroad.
Direct line: +357 25 345523
Rodoula Aristeidou – Survey Department
Rodoula is a holder of an LLB Law with Honours from Leeds Beckett University, UK. She has been working in the survey department of the marine insurance industry since 2019. She is also responsible for Loss Prevention Advice, as well as monitoring vessels' condition surveys.
Email: email@example.com / firstname.lastname@example.org
Direct line: +357 25345529 / Mobile: +357 99860292
Katerina Dimitriou – Underwriting Department
Katerina began her Law studies at Leeds Beckett University in UK and completed her LLB (Department of Law) at the University of Nicosia in Cyprus. She has an LLM degree in Maritime Law and Shipping Management from the Frederick University in Cyprus. She is a qualified Attorney at Law in the Cyprus Bar Association, and a certified Mediator by the Cyprus Consumer Centre to Alternative Dispute Resolution.
Direct line: +357 25 345528 / Mobile: +357 99880584
The procedure to follow when submitting a complaint is as follows:
Brandenburg Marine recognises that every client (herein after referred to as the ‘Complainant’) has a right to complain. Our complaints handling process affords you the opportunity to do so. Your feedback is valued as it allows us to continuously improve our service and processes, and affords us the opportunity to change bad experiences into positive ones.
How to complain to Brandenburg Marine
Your complaint must be in writing or telephonically conducted with an official of Brandenburg Marine.
Accepted written formats are:
Brandenburg Marine require the following provisions from the Complainant:
· Name and Address Details, Policy Number and Claim Number of the insured.
· Be specific about the complaint and provide all the important facts (including events) that may have a bearing on the complaint.
· Provide copies of all documents that have relevance to the complaint (i.e. letters, quotations, previous correspondence etc.)
Our Complaint Process
All complaints will be acknowledged in writing and sent to you either via post, e-mail or fax, depending on the communication method chosen by yourself.
Once the complaint has been received, it will be allocated to the appropriate area for resolution. A letter of acknowledgement for the receipt of the complaint will be despatched within two (2) business days. Please note that as delivery of e-mails to Brandenburg Marine cannot be guaranteed, should no acknowledgement of a complaint submitted be received within three (3) business days, kindly contact Brandenburg Marine directly in order that we may follow up on the matter.
Where a complaint cannot be addressed within fifteen (15) business days of receipt thereof, Brandenburg Marine will inform you accordingly.
You will be notified of the outcome of your complaint. If the outcome of the complaint is not favourable to yourself, full written reasons will be provided within six (6) weeks of receipt of your complaint.
If within six weeks of receipt of your complaint Brandenburg Marine has been unable to resolve the complaint to the satisfaction of yourself, and if you wish to pursue the matter further, your complaint may be lodged with the Financial Ombudsman.
The contact details for the Ombudsman for the Republic of Cyprus are as follows:
13 Lordos Vyronos Avenue,
Tel. +357 22848900
Telefax: + 357 22660584 or 22660118