General Terms and Conditions

Preamble
(1) The insurance broker provides his services (advice and mediation) to the insurance customer, regardless of his or third parties’ interests, in particular independently of insurance companies (insurers). The insurance broker commissioned by the insurance customer to protect his interests in private and/or company insurance matters acts in the overriding interest of the insurance customer.
(2) The insurance broker shall provide his services in accordance with the statutory provisions, in particular the Broker Act, these General Terms and Conditions (hereinafter referred to as the “KSGA GTC”) and an insurance brokerage contract concluded with the insurance customer with the care of a prudent entrepreneur.

§ 1 Scope of Application
(1) The General Terms and Conditions of the KSGA shall apply from the conclusion of the contract between the insurance broker and the insurance customer and shall supplement any insurance brokerage contract concluded with the insurance customer.
(2) The insurance customer agrees that the general terms and conditions of the KSGA shall be the basis for the entire contractual relationship between him and the insurance broker as well as for all insurance brokerage contracts to be concluded in the future.
(3) Unless expressly agreed otherwise in the individual case, the activity of the insurance broker shall be 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 to develop an appropriate coverage concept based on this. The insurance customer acknowledges that this risk analysis and the coverage concept are based exclusively on the information provided by the insurance customer and the documents that may be handed over to the insurance broker and that incorrect and/or incomplete information by the insurance customer therefore prevents the development of an appropriate coverage concept. (2) The insurance broker shall advise and inform the insurance customer in a professional manner and in accordance with his or her respective needs, and shall provide the best possible insurance cover according to the circumstances of the individual case. The insurance customer acknowledges that the insurance broker’s interests are generally limited to insurers with a branch in Austria or to insurers who are licensed in Austria on the basis of the provision of services, and that foreign insurers are only included for a separate fee due to the correspondingly increased effort in the case of an explicit mandate from the insurance customer. (3) The insurance broker shall arrange the best possible insurance cover with a corresponding processing time, taking into account the price-performance ratio. When selecting an insurance policy, therefore, in addition to the amount of the insurance premium, the insurer’s expertise, its management in claims settlement, its willingness to act as goodwill, the term of the contract, the possibility of terminating claims and the amount of the deductible can be used as assessment criteria.

§ 3 Duty of the insurance customer to inform and cooperate
(1) In order to provide the services described in § 2 of the General Terms and Conditions of the KSGA, the insurance broker needs all the relevant information and documents available to the insurance customer in order to make a well-founded assessment of the individual framework conditions and to be able to provide the insurance customer with the best possible insurance cover according to the circumstances of the individual case. 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 a timely and complete manner and to inform the insurance broker of all circumstances that may be relevant to the services of the insurance broker described in § 2 of the KSGA GTC.
(2) The insurance customer is obliged, if necessary, to take part in a risk inspection by the insurance broker or the insurer after prior notification and appointment and to point out special dangers on his own initiative.
(3) The insurance broker may use the information and documents received from the insurance customer after thorough enquiries as the basis for the further provision of his services to the insurance customer, provided that they are not manifestly incorrect.
(4) The insurance customer acknowledges that an insurance application signed by him or on his behalf by the insurance broker does not yet provide insurance cover, but rather still requires acceptance by the insurer, so that there may be an uncovered period between the signing of the insurance application and its acceptance by the insurer.
(5) The insurance customer, unless he is to be regarded as a consumer within the meaning of the Consumer Protection Act, undertakes to check all insurance documents transmitted through the mediation of 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 claim notification or an inspection order does not yet result in a guarantee of cover or benefits on the part of the insurer.
(7) The insurance customer acknowledges that he, as the policyholder, must comply with obligations under the law and the applicable insurance conditions in the event of an insured event, non-compliance with which may lead to the insurer’s exemption from payment.

§ 4 Delivery, electronic correspondence
(1) The address of the insurance customer shall be the address last disclosed to the insurance broker.
(2) The insurance customer acknowledges that due to isolated and technically unavoidable errors, the transmission of e-mails may under certain circumstances lead to data being lost, falsified or becoming known. The insurance broker only assumes liability for these consequences if he is at fault for this. The receipt of e-mails does not yet provide provisional cover and also has no effect on the acceptance of a contract offer.

§ 5 Copyrights
The insurance 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 sector, not in relation to consumers
(1) The insurance broker is only liable for any property damage and financial loss suffered by the insurance customer in the event of intent or gross negligence. In the case of intent, liability is also for lost profits. In any case, the liability of the insurance broker is limited to the amount of the sum insured by the insurance broker’s existing professional liability insurance. Claims for damages against the insurance broker must be asserted within six months of becoming aware of the damage.

§ 7 Confidentiality, data protection
(1) The insurance broker is obliged to treat confidential information that comes to its knowledge as a result of the business relationship with the insurance customer confidential and to keep it secret from third parties. The insurance broker is obliged to transfer this obligation to his employees. The protection of the customer’s personal data is an important concern for the insurance broker. Data processing is carried out exclusively in compliance with the legal provisions (GDPR, Data Protection Act) as well as on the basis of the contract concluded with the customer and, if applicable, a declaration of consent given by the customer.

§ 8 Rights of withdrawal of the insurance customer
(1) Pursuant to § 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 contractual declaration outside the business premises of the contractor or a stand at a trade fair. This withdrawal can be declared until the conclusion of the contract or thereafter within 14 days of the week. The period begins with the delivery of this contract document, but at the earliest with the conclusion of this contract. In the case of insurance contracts, the right of withdrawal expires no later than one month after the conclusion of the contract.
(2) The declaration of withdrawal shall not be bound to any specific form. The withdrawal period is met if the declaration of withdrawal is sent within the deadline.

§ 9 Temporal validity
This insurance brokerage contract is concluded for an indefinite period of time. The contractual relationship can be terminated by both parties to the contract with a notice period of one month. The date of the registered postal posting is decisive. The insurance brokerage contract and the power of attorney are transferred to the respective legal successors. To this end, the contracting parties agree on a proper transfer to any legal successors. They then have the right to terminate the insurance brokerage contract within one month of the conclusion of the sale agreement.

10 Final Provisions
(1) Should individual provisions of these General Terms and Conditions be or become invalid or ineffective, this shall not affect the remaining contract. In the b2b sector (business transactions), in such a case, the invalid or ineffective provision is replaced by one that comes as close as possible to the economic purpose of the invalid or invalid provision.
(2) The contracts between the insurance broker and the insurance customer shall be subject to Austrian law. With the exception of consumers within the meaning of the Consumer Protection Act, the court in whose district the insurance broker’s permanent establishment is located shall have jurisdiction for any disputes arising out of or in connection with this contract. However, the insurance broker is entitled to bring any action before any other court with jurisdiction over the subject. Notwithstanding this, the court in whose district the consumer’s domicile, habitual residence or place of employment is located has jurisdiction for consumers within the meaning of the Consumer Protection Act.