Site notice & GTC
Gandler Risk Management Versicherungsmakler GmbH
Insurance brokers and consultants in insurance matters
Legal form: GmbH
Associate: Ing. Walter Gandler, MBA
Managing Director: Ing. Walter Gandler, MBA
Commercial register-number: 52145i
Commercial register-court: Commercial Court Salzburg
VAT-No.: ATU 33669303
Chamber affiliation: Chamber of insurance brokers
Complaints office: Federal Ministry of Science, Research and Economics
Stubenring 1, 1010 Vienna, www.bmwfw.gv.at
General terms and conditions of Austrian insurance brokers (AGB-Versmakler)
Passed by the state committee of insurance brokers and consultants in insurance matters on 7 March 2001
The insurance broker (IC in short) brokers independently of his and any third-party interests, in particular independently of the insurance company (insurer), insurance contracts between the insurer and insurance customer (IC in short). The IB commissioned by the IC with the protection of his interests in private, company insurance matters acts for both parties of the insurance contract, but is to primarily protect the interests of the IC. The IB performs as pursuant to the Brokerage Act, the general terms and conditions (GTC in short) and a brokerage contract concluded with the IC with the due diligence of a prudent businessman. The GTC are the agreements forming a binding basis for IC and IB in the business relationship between the two and when processing the business cases.
Obligations of the insurance broker (IB):
- The safeguarding of interests includes the professional consultation and explanation to the IC regarding the insurance protection to be brokered, corresponding to the respective needs and requirements. The IB prepares an adequate risk analysis and an adequate coverage concept based on the information he has been given and the documents issued to him.
- The IB is obligated to broker the best possible insurance protection for the IC, as according to the circumstances of the individual case. The safeguarding of interests is limited to insurance providers with office in Austria, to others only in exchange for remuneration for the increased effort. Brokerage of the best possible insurance protection by the IB takes place with corresponding processing time allowing for the price-performance-ratio: apart from the amount of the insurance premium, this in particular also means the professional competence of the insurance provider, his discretionary management when settling claims, his willingness to show goodwill, the contract period, the possibility to cancel the policy after a damage event has occurred, the amount of any deductibles, etc.
- The IB is only obligated to render services as pursuant to § 28 Z. 4 (announcement of legal proceedings, etc.) and Z. 5 (inspecting the certificate of insurance) Brokerage Act if remuneration has been agreed on. Does not apply to consumer business.
- The IB is only obligated to render services as pursuant to § 28 Z. 6 (support in insurance case, etc.) and Z. 7 (ongoing inspection, etc.) Brokerage Act.
- The IB is bound to secrecy, is to safeguard business and trade secrets of the IC divulged to him as part of his advisory role and to pass on to the insurance provider only such information which is required for assessing the party to be insured or the risk to be insured. The IC consents to the automation-supported processing of his personal data.
Obligations of the insurance customer (IC):
- The IC will disclose all necessary, relevant data, information and documents truthfully and in full, which are necessary for the IH (Insurance Holder) to correctly perform his assignment to take out the requested insurances. Likewise, he will inform the IB of any changes relevant to the insurance cover, in particular change of address, change of occupation, any work abroad, any increase of risk, etc. promptly and unrequested in writing. The IC shall – when required – take part in a risk inspection by the IH or insurance provider following prior communication and appointment and point out in particular any special hazards on his own accord.
- The IC acknowledges that an application signed by him or by the IB on his behalf does not yet effect any insurance coverage and requires the acceptance of the insurance provider. The IC acknowledges that between signing the insurance contract and its acceptance by the insurance provider, a period not covered may exist. The IC will examine all insurance documents passed on by means of the IB’s brokerage for any factual discrepancies and deviations from the original order and inform the IC of these for correction.
- The IH acknowledges that any verbal ancillary agreements with the IH and/or his staff are void and that all orders and instructions are to be issued to the IB in writing; Any deviations from this requirement must be in writing. Does not apply to consumer business.
- The IC acknowledges that as insurance holder he has to comply with any obligations resulting from the law and insurance terms and conditions in an insurance case, the non-compliance of which may lead to the insurance provider being released from any obligation to perform.
- Due to the large number and variety of the business cases, the liability of the IB is limited to intent and gross negligence for the entire business relationship; for consumer business, the exclusion of liability applies only to others than personal damage. Except for consumer business, liability in case of gross negligence is restricted to the statutory minimum amount of damages and does not extend to loss of profit.
- Claims for damages against the IB can be asserted in court by the IC only within 6 months – for consumers within 3 years – after becoming aware of the damage, but no longer than within 3 years from the conclusion of the facts and circumstances giving rise to the damage.
- The contracting parties will transfer the GTC to any legal successors and confirm that the GTC apply also if IC and IB change their legal form, contribute their company or assets to a corporation, enter into a merger agreement or changes to the legal entity of the IC or the IB occur in any other way. The obligation to undertake all legal acts necessary for the GTC to continue to apply is agreed. Does not apply to consumer business.
- The contracting parties are obligated to announce to the other party any changes in the person of the contracting parties, promptly and in writing.
The wordings chosen on this website have been chosen neutrally for the purpose of the gender clause.
Claim for remuneration:
In connection with contracts brokered, the IB's remuneration is the commission, in addition the IB is entitled to remuneration and upon written agreement and in accordance with 1.2, 1.3 and 1.4 adequate remuneration by the IC.
Local area of validity:
- The work of the IB, unless otherwise expressly agreed in any individual case, is limited to Austria.
- But for any operation of law applicable to any individual case, Austrian law shall apply exclusively; place of performance is the place of business of the IB.
- In case of disputes, the court having subject matter jurisdiction at the place of the IB's place of business shall be appealed to exclusively – for consumers at the place of their residentce, his habitual residence or his occupation –, but for any operation of law applicable to any individual case.
Exclusion of liability:
The company Gandler Risk Management assumes no responsibility for the up-to-dateness, correctness, completeness or quality of the provided information. Liability claims against the company Gandler Risk Management, which allude to either material or non-material damages that have arisen because of the utilization or non-utilization of the provided information or because of the utilization of incorrect and incomplete information are strictly ruled out, provided that no demonstrable voluntary or wantonly negligent default on part of the company Gandler Risk Management is on hand. All offers are subject to change and non-binding. The company Gandler Risk Management expressly reserves the right to modify, supplement or delete pages of the offer or the complete offer without special prior notification, or to terminate the publication temporarily or finally.
Any agreements deviating from the GTC are governed by a separate, written brokerage contract. Any voidness of individual articles shall not affect the validity of the other articles in the GTC. The request for insurance contracts as well as any cancellation of insurance contracts can only take place by means of express order (customer's signature).
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