AGB

ALLGEMEINE GESCHÄFTSBEDINGUNGEN TERMS AND CONDITIONS for Insurance Brokers and Insurance Consultants 

 

(VersMakler hereinafter referred to as “insurance broker”)

 

Words importing the masculine gender shall include the feminine gender and vice versa

 

Preamble 

 

(1) Regardless of his own interests, third party interests or irrespective of the insurance company (insurer), the insurance broker shall arrange insurance agreements between the insurance company on the one hand and the insurance client on the other. The insurance broker shall be assigned by the insurance client to protect the insurance client’s interests with regard to private and/or company insurance affairs, whereas the insurance broker shall act on behalf of both contracting parties, giving top priority to the protection of the interests of the insurance client 

 

(2) The insurance broker shall provide all services with due diligence and in compliance with all legal provisions, especially in compliance with the Insurance Brokers Act, these general terms and conditions (hereinafter referred to as “GTC”) and an insurance broker agreement concluded with the insurance client.

 

Article 1 Scope of Application

 

(1) The GTC shall apply upon conclusion of the agreement between the insurance broker and the insurance client and shall complement the insurance broker agreement concluded with the insurance client. 

 

(2) The insurance client gives his consent that these GTC serve as the basis for the entire contractual relationship between the client and the insurance broker as well as all future insurance broker agreements. 

 

(3) The activities of the insurance broker shall exclusively be carried out in Austria, unless explicitly agreed otherwise. 

 

Article 2 Obligations of the Insurance Broker

 

(1) The insurance broker shall be obligated to establish an appropriate risk analysis for the insurance client and on the basis of such, draw up the corresponding coverage concept. The client acknowledges that both, risk analysis and coverage concept are only based on information provided by the client and on documents handed over to the insurance broker and that any inaccurate and/or incomplete information provided by the client may impede the drawing up of an appropriate coverage concept. 

 

(2) The insurance broker shall be obligated to provide the insurance client with professional expertise pursuant to the respective client requirements, to clarify all details and to find the best possible insurance protection corresponding to the situation in each particular case. The insurance client acknowledges that the protection of the client’s interests is limited to insurance companies based in Austria and that greater effort is required with regard to involving foreign insurance companies and that such companies are only taken into account in case of an explicit order placed by the client in return for extra fees. 

 

(3) The best possible insurance protection shall be arranged by the insurance broker in due time and in consideration of the cost-benefit ratio. Apart from the insurance premium amount, other factors such as the insurance company’s expertise, its discretionary management in terms of claims settlement, its goodwill, the term, the possibility of termination in case of damage or loss and the amount of participation can also be considered as evaluation criteria in order to select the appropriate insurance coverage. 

 

Article 3 Client’s obligation to give information and client’s obligation to cooperate

 

(1) In order to provide all services described in article 2 in a careful and diligent manner, the insurance broker needs all subject-related information and documents held by the client to guarantee a comprehensive evaluation of all individual conditions and to arrange the best possible insurance protection for the client corresponding to the situation in each particular case. For that reason, the client shall be obligated to submit in due time and in full all, information and documents that are necessary to provide such services, and shall inform the insurance broker of all circumstances relevant to the services described in article 2. 

 

(2) The insurance client shall be obligated, where applicable, to participate in a risk inspection carried out by the insurance broker or the insurance company upon prior notification and date arrangement and shall point out specific risks on the client’s own initiative. 

 

(3) The insurance broker shall use all information and documents delivered by the client after thorough enquiry as the basis for the further provision of services, provided that such information and documents do not contain obviously incorrect data.

 

(4) The insurance client acknowledges that an insurance application signed by the client or by the insurance broker on behalf of the client shall not initiate insurance protection for any reason whatsoever and that such protection requires the approval of the insurance company, which results in the fact that there might be an uncovered period of time between the signing of the insurance application and its approval by the insurer. 

 

(5) The insurance client, unless he is considered a consumer pursuant to the Consumer Protection Act, shall be obligated to check all insurance documents forwarded to him by the insurance broker for any discrepancies or possible deviations from the original insurance application and, where applicable, to inform the insurance broker for rectification.

 

(6) The insurance client acknowledges that notification of damage or an inspection order shall not result in any coverage or compensation warranty on the part of the insurer.

 

(7) The insurance client acknowledges that he is the policy holder and if an insured event occurs he shall follow all duties in compliance with the law and all respectively applicable insurance terms and that non-compliance with such regulations shall result in the release of the insurer’s obligations.

 

Article 4 Deliveries, Electronic Correspondence

 

(1) The insurance client’s mailing address shall be the latest known address communicated to the insurance broker. 

 

(2) The insurance client acknowledges that due to sporadic, technically unavoidable errors, the transmission of e-mails might lead to loss of data could, falsified or disclosed. In such a case the insurance broker shall only be liable when and insofar the insurance broker is responsible for the damage. Access to e-mails shall not lead to provisional coverage and shall have no effects on the approval of the agreed offer. 

 

Article 5 Copyright 

 

The client acknowledges that each and every concept drawn up by the insurance broker, in particular the risk analysis and the coverage concept, represents a work protected by copyright. Any kind of distribution, changes and amendments as well as disclosure to third parties require the insurance broker’s approval in writing. 

 

Article 6 Liability

 

Note: the following liability regulations shall only be applicable for b2b relations and do not refer to customer relations.

 

The insurance broker shall be liable for possible property damage and financial losses of the insurance client only if the loss is attributable to intent or gross negligence. In case of intent the insurance broker shall also be liable for loss of profit.

 

Liability of the insurance broker is limited to the amount of coverage of the existing professional liability insurance of the insurance broker.

 

Compensation claims shall be made against the insurance broker within six months from acquiring knowledge of the damage.

 

Article 7 Confidentiality, Data Protection

 

(1) The insurance broker shall have the obligation that any confidential information disclosed to the insurance broker in the context of the business relation with the client shall be kept confidential and maintained in secrecy in relation to third parties. The insurance broker shall be obligated to impose the equivalent obligation as provided herein to its employees. Any kind of disclosure of data is subject to the Data Protection Act.

 

(2) The insurance client agrees that in compliance with the respective regulations under the Data Protection Act, all information provided may be used electronically by the insurance broker for the purpose of keeping customer records and in particular to carrying out marketing activities. The client is entitled to revoke such consent at any time without reason.

 

Article 8 Insurance Client‘s Right of Withdrawal

 

(1) In accordance with the Consumer Protection Act article 3, the client is entitled to withdraw from the agreement if the agreement was concluded outside the premises of the contractor or at an exhibition stand. The client is entitled to withdraw from the agreement until it has been signed or within one week after the signing of the agreement. The term shall commence with the execution of the contractual certificate, at the earliest upon the signing of the agreement. The right of withdrawal for insurance agreements shall end not later than one month after the signing of the agreement. 

 

(2) The contractor shall be informed about the withdrawal from the agreement in writing. The withdrawal shall be deemed submitted in due time if the notification is sent within the period of time specified in section 1. 

 

Article 9 Final Provisions 

 

(1) If any provision of these general terms and conditions shall be held to be invalid or unenforceable the remaining provisions shall not in any way be affected or impaired thereby. With regard to b2b relations (business activities) the invalid or unenforceable provision shall then be replaced by a valid or enforceable provision, with the retention of the economic, legal and commercial objectives of the invalid or unenforceable provision.

 

(2) Agreements concluded between the insurance broker and the insurance client, are subject to Austrian law. In case of disputes arising out of this agreement or in relation to this agreement, except consumers pursuant to the Consumer Protection Act, such court shall have local jurisdiction, responsible for the district in which the business premises of the insurance broker are located. The insurance broker is entitled to assert his rights in every court having jurisdiction concerning the subject-matter.

 

Without prejudice to the aforesaid, for consumers according to the Consumer Protection Act such court shall have jurisdiction responsible for the district in which the place of residence or the place of employment of the consumer is located.

 

Edition: September 2008