Terms & Conditions
General Terms and Conditions
"AKTUELL" RAIFFEISEN VERSICHERUNGS-MAKLERDIENST GESELLSCHAFT M.B.H.
GISA number 24113656; FN 60385 b
A-1020 Vienna, Friedrich-Wilhelm-Raiffeisen-Platz 1
Valid from July 2023
§ 1 General, subject matter of the contract
(1) "Aktuell" Raiffeisen Versicherungs-Maklerdienst Gesellschaft m.b.H., Friedrich-Wilhelm-Raiffeisen-Platz 1, 1020 Vienna (hereinafter referred to as "insurance broker") shall broker insurance contracts between the insurance company on the one hand and the customer on the other hand independently of its or third-party interests, in particular independently of insurance companies.
(2) The customer (hereinafter referred to as "customer") commissions the insurance broker with the brokerage of insurance contracts within the scope of the power of attorney during the entire term of the contract. It is noted that the authorization of the insurance broker by the client is made in a separate document (the "power of attorney").
(3) It is expressly agreed between the contracting parties that the present General Terms and Conditions shall also apply to new orders, order amendments or order extensions.
(4) The insurance broker shall provide his services in accordance with the statutory provisions, in particular the Brokerage Act, and these General Terms and Conditions (hereinafter referred to as "GTC") with the diligence of a prudent businessman. The insurance broker may - if this appears reasonable and necessary in the interest of the customer - engage cooperation partners or sub-brokers.
(5) The customer undertakes not to place an order with any other insurance broker for the agreed insurance lines or to obtain insurance services for the agreed insurance lines exclusively through the insurance broker for a period of two years from the date on which the order is first placed. The client thus gives the insurance broker an exclusive brokerage mandate. This includes, for example, the initial brokerage of insurance contracts, conversions to existing insurance contracts, terminations of existing insurance contracts, inclusions and exclusions in existing insurance contracts, provisional cover, and tenders for newly added risks.
§ 2 Scope of Application
(1) These General Terms and Conditions shall apply upon the placement of the brokerage or advisory order with the insurance broker and shall form the basis of the entire contractual relationship between the customer and the insurance broker.
(2) Unless otherwise expressly agreed in individual cases, the insurance broker's activities shall be limited to Austria.
§ 3 Duties of the insurance broker
(1) In the course of his activities, the insurance broker shall be subject to the Ordinance of the Federal Minister for Digitization and Economic Location on Rules of Professional Conduct and Practice for Tradesmen engaged in the activity of insurance mediation (Rules of Professional Conduct for Insurance Mediation).
(2) The insurance broker undertakes to prepare an appropriate risk analysis for the client and based thereon, an appropriate coverage concept. The client acknowledges that this risk analysis and the coverage concept are based exclusively on the information provided by the client and any documents handed over to the insurance broker, and that therefore incorrect and/or incomplete information provided by the client prevents the insurance broker from drawing up an appropriate coverage concept. The insurance broker shall advise and inform the client in a professional manner and in accordance with the respective client's needs and shall arrange the best possible insurance cover according to the circumstances of the individual case.
(3) The mediation of the best possible insurance cover by the insurance broker shall take place with the corresponding processing time, considering the price-performance ratio. When selecting an insurance company, various parameters such as the amount of the insurance premium, the insurance company's expertise, its administration and organization in handling claims, its willingness to be fair, the term of the contract, the possibility of terminating the contract in the event of a claim and the amount of the deductible shall be used as assessment criteria.
(4) Prior to the conclusion of an insurance contract by the customer, the insurance broker shall determine the customer's wishes and needs on the basis of the information provided by the customer and shall provide the customer with objective information on the insurance product in a comprehensible form so that the customer can make a well-informed decision.
(5) The insurance broker shall assess the solvency of the insurance undertaking within the scope of the professional information available to him, insofar as this is necessary in the selection of the insurance undertaking for the careful protection of the client's interests in the individual case.
(6) The insurance broker shall inform the client of the legal transactions carried out on his behalf and hand over to the client a copy of his contract declaration, provided that this was made in writing. In addition, the insurance broker shall hand over to the client the policy together with the insurance conditions underlying the insurance contract, including the provisions on the determination of the premium, and shall examine the policy. These obligations (§ 28 no. 4 and no. 5 of the Brokerage Act) shall apply to the insurance broker exclusively in relation to consumers as defined by the Consumer Protection Act and shall be expressly waived in relation to entrepreneurs.
(7) The obligations of the insurance broker pursuant to § 28 Z 6 and Z 7 MaklerG, namely to support the customer in the handling of the insurance relationship before and after the occurrence of the insured event, namely also in the observance of all deadlines that are important for the customer, as well as the ongoing review of the customer's existing insurance contracts and, if necessary, the submission of suitable proposals for an improvement of the insurance cover, shall be waived unless expressly agreed otherwise in a possible brokerage contract.
§ 4 Client's duty to inform and cooperate
(1) In order to perform the services described in § 3 carefully and conscientiously, the insurance broker requires all information and documents available to the customer in order to make a sound assessment of the individual framework conditions and to be able to provide the customer with the best possible insurance cover according to the circumstances of the individual case. For this reason, the customer shall be 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 § 3. This duty of the customer to provide information shall also include the immediate and unsolicited notification of any changes relevant to the insurance cover. The insurance broker shall not be liable for any resulting gaps in coverage.
(2) If necessary, the client shall be obliged to participate in a risk inspection by the insurance broker or the insurance company after prior notification and appointment, and to point out special risks on his own initiative.
(3) The insurance broker may use the information and documents received from the customer after thorough enquiry as a basis for the further provision of his services to the customer unless they are obviously incorrect.
(4) The client acknowledges that an insurance application signed by him or for him by the insurance broker does not yet result in insurance cover, but rather requires acceptance by the insurance company, so that an uncovered period may exist between the signing of the insurance application and its acceptance by the insurance company.
(5) The customer undertakes to check all insurance documents submitted through the intermediary of the insurance broker for factual discrepancies and any deviations from the original insurance application and, if necessary, to notify the insurance broker thereof in writing for correction.
(6) The customer acknowledges that a notice of claim or an inspection order does not constitute a confirmation of coverage or benefits by the insurance company.
(7) The customer acknowledges that, as the policyholder, he/she must comply with obligations under the law and the applicable insurance conditions in the event of an insured event, non-compliance with which may result in the insurance company being released from its obligation to pay benefits.
§ 5 Delivery, Electronic Correspondence
(1) The customer's address for service shall be the address last notified to the insurance broker.
(2) The receipt of e-mails by the insurance broker shall not result in immediate insurance cover (provisional cover), nor shall it result in the acceptance of a contract offer by the insurance company.
§ 6 Remuneration
(1) The insurance broker shall work in connection with the insurance contracts to be concluded between the insurance company on the one hand and the customer on the other hand on the basis of a combination of commission as well as another type of remuneration pursuant to § 1 para. 9 subpara. 10 c Code of Professional Conduct for Insurance Brokers. The contracting parties expressly agree that, in deviation from § 1009 ABGB (Austrian Civil Code), all such benefits from the contractual relationship, of whatever kind, shall accrue exclusively to the insurance broker.
(2) The insurance broker shall be entitled to charge a fee for the advice given to the client if this has been agreed in detail in writing in advance.
§ 7 Copyright
The client acknowledges that every concept created by the insurance broker, in particular the risk analysis and the coverage concept, is a protected work. The dissemination, amendment, or supplementation as well as the passing on to third parties shall require the written consent of the insurance broker.
§ 8 Liability
(1) The insurance broker shall only be liable for any property damage or financial loss suffered by the client in the event of intent or gross negligence. Liability for slight negligence shall be expressly excluded in all cases.
(2) The insurance broker shall be liable exclusively for the positive damage incurred. Exclusively in the case of intent, the insurance broker shall also be liable for loss of profit. In particular, the insurance broker shall not be liable for (i) consequential damage; (ii) insurance contracts concluded by the client without the cooperation of the insurance broker; (iii) insurance contracts for risks and insurance lines outside the agreed insurance lines (§ 1 of these General Terms and Conditions conclusively regulates the scope of the subject matter of the contract); (iv) damage resulting from the determination of the insured values or sums insured, which is the responsibility of the client, or from the calculation of the insurance premium. (v) verbally given orders of the customer; (vi) verbally given promises about the scope of coverage of insurance companies; (vii) the decision whether a risk should be insured; (viii) expected profits.
(3) The insurance broker's liability - except in the case of intent - shall in any case be limited to the statutory liability insurance sum of the insurance broker's professional liability insurance existing pursuant to § 137c GewO 1994. If two or more competing injured parties assert a claim arising from an insured event, the maximum amount for each individual injured party shall be reduced according to the ratio of the claims to each other.
(4) The client acknowledges that no liability can be derived for the insurance broker if the client is informed about premium arrears and associated reminders and periods without cover, whether by the insurance broker or the insurance company. No liability of the insurance broker can be derived from this circumstance.
(5) Claims for damages against the insurance broker shall become statute-barred within 6 months after the claimant(s) knew or should have known about the damage and the damaging party, but at the latest within 2 years after the event giving rise to the claim.
§ 9 Confidentiality
(1) The insurance broker shall be obliged to treat as confidential all matters of which he becomes aware concerning the customer during his advisory activities and to disclose to the insurance company only such information as is necessary for the assessment of the risk to be insured or the insured risk.
(2) Insofar as it is necessary for the prosecution of claims of the insurance broker (in particular claims for commission or fee) or for the defense against claims against the insurance broker (in particular claims for damages of the customer or third parties against the insurance broker), the insurance broker shall be released from his duty of confidentiality. The insurance broker shall also transfer this duty of confidentiality to his employees.
(3) The insurance broker attaches great importance to the protection of the customer's personal data. Data shall be processed exclusively in compliance with the statutory provisions (DSGVO, Data Protection Act) and based on the contract concluded with the customer and, if applicable, a declaration of consent issued by the customer.
§ 10 Right of withdrawal for consumers
(1) The customer, insofar as he is a consumer within the meaning of the Consumer Protection Act (KSchG), shall be entitled, pursuant to § 3 of the Consumer Protection Act (KSchG), to withdraw from his contract application or from the contract when submitting his contract declaration outside the business premises of the insurance broker or at a stand at a trade fair. This withdrawal may be declared up to the conclusion of the contract or thereafter within 14 days. The period begins with the delivery of this document.
(2) The declaration of withdrawal is not bound to any particular form. The withdrawal period shall be deemed to have been observed if the declaration of withdrawal is sent within the period.