BELVEST Insurance Solutions GmbH

BELVEST Insurance Solutions GmbH
Piaristengasse 1/3
A-1080 Vienna
T. +43 1 440 31 12
office@belvest.group
http://www.belvest.group/

Managing Director: Thomas Belhaven
Company registration number: FN 83667s
Commercial Court: Commercial Court Vienna
UID: ATU70236568
GISA number: 24944724

Chamber membership
Vienna Chamber of Commerce - Insurance Broker and Consultant in Insurance Matters

Liability notice
Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content. We point out that the information on the websites is of a general nature and not tailored to the particular needs of an individual case.

Data protection
If within the internet offer there is the possibility to provide personal or business data, such data will be used exclusively for the stated purpose and in accordance with the applicable data protection regulations to share information necessary for assessing the risk to be insured.

Photo credit
The pictures purchased and used on this website come from: de.123rf.com

Applicable law
Access to this website and all related processes, claims, and obligations are subject to Austrian law.

General Terms and Conditions of BELVEST Insurance Solutions GmbH
in the following "the insurance broker"

Preamble

(1) The insurance broker arranges insurance contracts between the insurance company (insurer) on one hand and the insurance customer on the other, independently of his or third-party interests, particularly independently of the insurance company. The insurance broker commissioned by the insurance customer to safeguard his interests in private and/or business insurance matters is legally and economically on the side of his client.

The insurance broker provides his services in accordance with legal regulations, particularly the Broker Act, these General Terms and Conditions (hereinafter referred to as "GTC"), and an insurance brokerage contract concluded with the insurance customer, with the care of a diligent entrepreneur.

1. Scope

(1) The terms and conditions apply from the conclusion of the contract between the insurance broker and the insurance customer and supplement any insurance brokerage agreement that may have been concluded with the insurance customer.

(2) The insurance customer declares their consent that these terms and conditions form the basis of the entire contractual relationship between them and the insurance broker, as well as all future insurance broker agreements to be concluded.

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

2. The duties of the insurance broker

(1) The insurance broker undertakes to create an appropriate risk analysis for the insurance client and, based on this, to develop an appropriate coverage concept. The client acknowledges that this risk analysis and coverage concept are based solely on the information provided by the client and any documents possibly handed over to the insurance broker; therefore, incorrect and/or incomplete information from the insurance client can prevent the preparation of an appropriate coverage concept.

(2) The insurance broker must provide professional advice and clarification to the insurance customer according to the respective customer needs, and mediate the best possible insurance coverage based on the circumstances of the individual case. The insurance customer acknowledges that the safeguarding of their interests is generally limited to insurance companies with a branch in Austria, and therefore, foreign insurance companies are only involved in the event of an explicit order from the insurance customer against a separate fee due to the correspondingly increased effort.

(3) The provision of the best possible insurance coverage by the insurance broker takes place with due processing time, considering the price-performance ratio. Therefore, when selecting an insurance, besides the amount of the insurance premium, criteria such as the insurance company's expertise, its management in handling claims, its willingness to be accommodating, the contract duration, the possibility of termination in the event of a claim, and the amount of the deductible can be used as evaluation criteria.

3. Customer's Duty of Disclosure and Cooperation

(1) The insurance broker requires all relevant information and documents available to the customer for the careful and conscientious provision of the services described in § 2, in order to make a well-founded assessment of the individual conditions and to be able to provide the customer with the best possible insurance coverage based on the circumstances of the individual case. For this reason, the insurance customer is obliged to submit all documents and information required for the execution of the services to the insurance broker 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.

(2) The insurance customer is obliged, if necessary, to participate in a risk inspection by the insurance broker or the insurance company after prior notification and appointment scheduling, and to point out special hazards on their own initiative.

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

(4) The insurance customer acknowledges that an insurance application signed by him or on his behalf by the insurance broker does not yet effect insurance coverage, but rather requires acceptance by the insurance company, 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 considered a consumer within the meaning of the KSchG, undertakes to review all insurance documents transmitted through the mediation of the insurance broker for factual inconsistencies and any deviations from the original insurance application and, if necessary, to notify the insurance broker for correction.

(6) The insurance customer acknowledges that a damage report or an inspection request does not constitute a coverage or performance commitment from the insurer.

(7) The insurance customer acknowledges that as the policyholder, they must comply with obligations due to the law and the applicable insurance terms in the event of a claim, non-compliance with which may lead to the insurer being released from their duty to pay.

4. Deliveries, electronic correspondence

(1) The delivery address of the insurance customer is the address most recently provided to the insurance broker.

(2) The insurance customer acknowledges that due to occasionally occurring, technically unavoidable errors, the transmission of emails may lead to data being lost, corrupted, or disclosed. The insurance broker is only liable for these consequences if it has been caused by their fault. The receipt of emails does not effect temporary coverage and also has no impact on the acceptance of a contract offer.

5. Copyrights

The customer acknowledges that any concept created by the insurance broker, especially the risk analysis and coverage concept, is a copyrighted work. Any dissemination, changes, or additions as well as the transfer to third parties require the written consent of the insurance broker.

6. Liability

Note: The following liability provisions apply only in the B2B sector, not in relation to consumers:

The insurance broker is liable for any material and financial damages of the insurance customer only in the case of intent or gross negligence. In the case of intent, liability also extends to lost profits.

(2) The liability of the insurance broker is in any case limited to the coverage amount of the existing professional liability insurance of the insurance broker. The insurance broker is not liable for such damages resulting from the violation by the insurance customer

Obligations, in particular those resulting from the determination of the insurance sum.

(3) The insurance customer acknowledges that an application signed by him or on his behalf by the insurance broker does not yet provide insurance coverage and requires acceptance by the insurance company. The insurance customer further acknowledges that between the signing of the insurance application and its acceptance by the insurance company, there may be a period without coverage. From this circumstance, no liability of the insurance broker can be derived.

(4) A prerequisite for a liability relationship of the insurance broker towards the insurance customer is the existence of a written brokerage contract. No liability of the insurance broker can be derived from orally given orders.

(5) Claims for damages against the insurance broker become time-barred within 6 months after the entitled party or parties knew (or should have known) of the damage and the injuring party (relative limitation period), but no later than within 3 years from the incident giving rise to the claim (absolute limitation period). For consumers (§ 1 KSchG), a period of 3 years from the aforementioned points in time is agreed for both the relative and absolute limitation periods.

7. Confidentiality

(1) The insurance broker is obliged to treat confidential information, which becomes known to him due to the business relationship with the customer, confidentially and to keep it secret from third parties. The insurance broker is obliged to impose this obligation on his employees as well.

For the insurance broker, the protection of the customer's personal data is an important concern. Data processing is carried out exclusively in compliance with legal regulations (GDPR, Data Protection Act) and based on the contract concluded with the customer and, if applicable, a declaration of consent provided by the customer.

8. Withdrawal Rights of the Insurance Customer

(1) According to § 3 of the Consumer Protection Act (KSchG), the customer is entitled to withdraw from their contract offer or the contract itself if their declaration of the contract is made outside the business premises of the contractor or a booth at a fair. This withdrawal can be declared until the contract is concluded or within 14 days thereafter. The period begins with the issuance of this contractual document, but at the earliest with the conclusion of the contract. The right of withdrawal expires for insurance contracts at the latest one month after the contract is concluded.

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

9. Final Provisions

(1) Should individual provisions of these General Terms and Conditions be invalid or unenforceable or become so, the remainder of the contract shall not be affected. In the B2B sector (business transactions), in such a case, the invalid or unenforceable provision shall be replaced 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 according to the KSchG – the court responsible is the one in whose district the business establishment of the insurance broker is located. However, the insurance broker is entitled to bring a possible lawsuit before any other court with appropriate jurisdiction. Regardless, for consumers according to the KSchG, the court responsible is the one in whose district the consumer's residence, habitual abode, or place of employment is located.

(3) Complaints about insurance intermediaries are received by the Federal Ministry for Digital and Economic Affairs, Dept. 1/7 Stubenring 1, 1010 Vienna, or for data protection concerns, please contact the Austrian Data Protection Authority, Barichgasse 40-42 1030 Vienna