13. Risks excluded from all covers
In addition to the specific terms of each cover, in general, the following is not guaranteed under this insurance:
a. Damage caused by the use of the insured vehicle as an instrument for perpetrating malicious crimes against people or things.
b. Damage caused by earthquakes, flooding, volcanic eruptions, uprisings, plundering, terrorist acts, civil or international war or confiscations by civil or military authorities, as well as by rebellions, brawls or riots, except where the rebellion, brawl or riot is an immediate and direct consequence of an accident caused by the insured vehicle.
c. Damage caused by any modification made to the atomic structure of the material, or by the thermal, radioactive or other effects thereof, or by the artificial acceleration of atomic particles.
d. Damage caused when the insured driver is in a state of intoxication or under the influence of alcohol, drugs, poisons, narcotics or psychotropìc substances. Driving under the influence of alcohol will be considered to have occurred when the driver's blood alcohol levels exceed the legal limits established at the time or when the driver is found guilty of a specific offence of driving under the influence or, in the judgment handed down against him / her, this circumstance is included as one of the accident's concurring causes. This exclusion will not apply when the following three conditions are met:
1. The driver is an employee of the vehicle's owner
2. The driver does not habitually drink or use drugs
3. Due to the total or partial insolvency of the driver, the insured is declared vicariously liable. For the cover for own damage to the vehicle, the concurrence of the first two conditions will be sufficient for this exclusion not to apply. In all cases, the insurer will be entitled to the right of recourse against the driver. This exclusion will not affect the criminal defence.
e. Damage caused when the insured vehicle is being driven by a person who does not hold the necessary permit or licence or is violating a sentence to cancel or suspend said permit or licence, except for the rights of the insured under the theft cover when it is included in the policy, as well as his / her rights under the criminal defence cover.
f. When the driver of the insured vehicle that caused the accident is found guilty of the crime of "failing in his / her duty to aid". This exclusion will not affect the owner of the vehicle when the driver is his / her employee. Moreover, without prejudice to the insurer's right of recourse against said driver, the criminal defence cover is excepted.
g. Damage caused by robbery or theft of the insured vehicle. Where the vehicle is insured against theft by a cover included in the policy, the terms of said cover shall apply.
h. Damage caused by motor vehicles used for industrial or agricultural tasks, such as tractors, harvesters, hinged dump trucks, diggers, cement mixers, compressors, cranes or similar vehicles, when the accidents are due to the execution of the relevant industrial or agricultural taks and are not the direct consequence of the transit of said vehicles.
i. Damage caused when, because of the policyholder, insured or driver, the regulations regarding the number of passengers, the weight or size of transported objects or animals or the way they are accommodated in the vehicle are violated, provided said violation is not the main cause of the accident.
j. Damage caused due to the insured vehicle's participation in wagers or challenges.
k. Damage caused due to the insured vehicle's participation in races or contests or in preparatory trials for them.
l. Damage caused due to the insured vehicle's transit through areas not expressly authorised for traffic.
m. Damage caused when the insured vehicle is located on port or airport premises.
n. Damage caused when the insured vehicle is transporting flammable, explosive or toxic materials.
o. Damage caused before payment of the first premium.
p. Damage caused when cover under the policy has been suspended or the contract has been terminated due to a failure to pay the premiums.
At all times the insurer will be released from the obligation to pay indemnities or any other benefit if the claim is caused by bad faith on the part of the insured or of the driver s/he has authorised, as well as in the event of deliberate misrepresentation or simulation in the claim report, without prejudice to any other kind of liability that may apply.
14. Territorial scope of the insurance