Conditions

For insurance brokers and consultants in insurance matters (AGB VersMakler)

(Company stamp)

(hereinafter "the insurance broker")

preamble

(1) The insurance broker brokers insurance contracts between the insurance company on the one hand and the insurance customer on the other, independently of his or third-party interests, in particular independently of the insurance company (insurer). The insurance broker commissioned by the insurance customer to safeguard his interests in private and/or business insurance matters acts for both parties to the insurance contract, but primarily has to safeguard the interests of the insurance customer.

(2) The insurance broker provides his services in accordance with the statutory provisions, in particular the Broker Act, these General Terms and Conditions (hereinafter "GTC") and an insurance brokerage contract concluded with the insurance customer with the diligence of a prudent entrepreneur.

§ 1

scope

(1) The GTC apply from the conclusion of the contract between the insurance broker and the insurance customer and supplement any insurance brokerage contract concluded with the insurance customer.

(2) The insurance customer agrees that these General Terms and Conditions form the basis of the entire contractual relationship between him and the insurance broker and also of all insurance broker contracts to be concluded in the future.

(3) Unless expressly agreed otherwise in individual cases, the activity of the insurance broker is locally limited to Austria.

§ 2

The duties of the insurance broker

(1) The insurance broker undertakes to prepare an appropriate risk analysis for the insurance customer and, based on this, to develop an appropriate coverage concept. The customer acknowledges that this risk analysis and the coverage concept are based exclusively on the information provided by the customer and any documents provided to the insurance broker and that incorrect and/or incomplete information from the insurance customer therefore prevents the development of an appropriate coverage concept.

(2) The insurance broker must advise the insurance customer professionally and in accordance with the respective customer needs, inform them and arrange the best possible insurance protection based on the circumstances of the individual case. The insurance customer acknowledges that safeguarding the interests of the insurance customer is generally limited to insurance companies with a branch in Austria and that foreign insurance companies are therefore only included in the case of an express order from the insurance customer for a separate fee due to the correspondingly increased effort.

(3) The best possible insurance cover is arranged by the insurance broker with the appropriate processing time, taking into account the price-performance ratio. When choosing an insurance policy, the insurance company’s expertise, its management of claims settlement, its willingness to show goodwill, the contract term, the possibility of terminating a claim and the amount of the deductible can be used as assessment criteria in addition to the amount of the insurance premium.

§ 3

The customer's obligation to provide information and to cooperate

(1) For the careful and conscientious provision of the services described in § 2, the insurance broker requires all relevant information and documents that the customer has in order to make a well-founded assessment of the individual framework conditions and to provide the customer with the best possible insurance protection based on the circumstances of the individual case to be able to For this reason, the insurance customer is obliged to provide the insurance broker with all documents and information required for the performance of the services in good time and in full and to inform the insurance broker of all circumstances that may be relevant to the services of the insurance broker described in § 2 .

(2) The insurance customer is obliged, if necessary, to take part in a risk inspection by the insurance broker or the insurance company after prior agreement and appointment and to point out special risks of his own accord.

(3) The insurance broker can use the information and documents received from the customer after thorough inquiries as the basis for the further provision of his services to the customer, provided they are not obviously incorrect in content.

(4) The insurance customer acknowledges that an insurance application signed by him or for him by the insurance broker does not yet result in insurance cover, but rather it still requires acceptance by the insurance company, so that between the signing of the insurance application and its acceptance by the insurer, an uncovered period can exist.

(5) The insurance customer, unless he is to be regarded as a consumer within the meaning of the KSchG, undertakes to check all insurance documents transmitted through the insurance broker for factual discrepancies and any deviations from the original insurance application and, if necessary, to inform the insurance broker of this for correction.

(6) The insurance customer acknowledges that a damage report or an inspection order does not result in a cover or service commitment from the insurer.

(7) The insurance customer acknowledges that, as the policyholder, he has to comply with obligations based on the law and the applicable insurance conditions in the event of an insured event, non-compliance with which can lead to the insurer being released from liability.

§ 4

Deliveries, electronic correspondence

(1) The delivery address of the insurance customer is the last address given to the insurance broker.

(2) The insurance customer acknowledges that due to isolated, technically unavoidable errors, the transmission of e-mails may result in data being lost, falsified or disclosed. The insurance broker is only liable for these consequences if he is at fault. The receipt of e-mails does not yet result in provisional coverage and also has no effect on the acceptance of a contract offer.

§ 5

copyrights

The customer acknowledges that every concept created by the insurance broker, in particular the risk analysis and the coverage concept, is a copyrighted work. All distributions, changes or additions as well as disclosure to third parties require the written consent of the insurance broker.

§ 6

Liability

Note: the following liability provisions only apply in the b2b area, not in relation to consumers:

The insurance broker is only liable for any property damage and financial losses of the insurance customer in the event of intent or gross negligence. In the event of intent, liability is also assumed for lost profit.

In any case, the liability of the insurance broker is limited to the amount of the coverage of the existing professional liability insurance of the insurance broker. Claims for damages against the insurance broker must be asserted within six months of becoming aware of the damage.

§ 7

Secrecy,

(1) The insurance broker is obliged to treat confidential information that he becomes aware of as a result of the business relationship with the customer as confidential and to keep it secret from third parties. The insurance broker is obliged to impose this obligation on his employees as well.

The protection of the customer's personal data is important to the insurance broker. Data processing takes place exclusively in compliance with the legal provisions (GDPR, data protection law) and on the basis of the contract concluded with the customer and, if necessary, a declaration of consent issued by the customer.

§ 8th

Withdrawal rights of the insurance customer

(1) According to Section 3 of the Consumer Protection Act (KSchG), the customer is entitled to withdraw from his contract application or from the contract if he submits his contract declaration outside the business premises of the contractor or a stand at a trade fair. This withdrawal can be declared up to the conclusion of the contract or thereafter within 14 days. The period begins when this contractual document is handed over, but at the earliest when this contract is concluded. In the case of insurance contracts, the right to withdraw expires no later than one month after the conclusion of the contract.

(2) The declaration of withdrawal is not bound to any particular form. The withdrawal period is met if the declaration of withdrawal is sent within the period.

§ 9

Final Provisions

(1) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, this shall not affect the remainder of the contract. In the b2b area (entrepreneurial transactions), the invalid or unenforceable provision will be replaced in such a case by one that comes as close as possible to the economic purpose of the unenforceable or invalid provision.

(2) The contracts between the insurance broker and the insurance customer are subject to Austrian law. For any disputes arising from or in connection with this contract - with the exception of consumers within the meaning of the KSchG - the court in whose district the insurance broker's business premises are located is responsible. However, the insurance broker is entitled to bring any action before any other competent court. Irrespective of this, the court responsible for consumers within the meaning of the KSchG is the one in whose district the domicile, habitual abode or place of employment of the consumer is located.

These terms and conditions are a non-binding template that insurance brokers can use to create their individual terms and conditions and adapt them to the needs/requirements of the respective company. This template cannot replace individual legal advice, which is why the professional association cannot assume any liability.