General Terms and Conditions
General Terms and Conditions of Business
General Terms and Conditions of Business ("T&Cs") of Th. Funk & Sohn GmbH ("Funk") for the brokerage activity on the website www.funk-experts.de (the "Website").
§ 1 Scope
1. The following T&Cs apply exclusively to the services provided by Funk to the user in connection with this Website.
2. Contradictory, deviating or supplementary general terms and conditions on the part of the user do not become part of the contract. This is also true if Funk does not expressly contradict such terms and conditions of the user.
§ 2 Funk's services; market foundation and basis of information
1. The service provided by Funk includes advice on and brokerage of the desired insurance contracts, in each case, as well as support for these. The assessment and the regular review of the user's risk situation by Funk are not part of the service.
2. Even if Funk in principle works for a large number of insurers, this Website will exclusively broker its own, special coverage concept, which Funk has developed in order to obtain favourable conditions for our customers with leading insurers.
Therefore, Funk does not include any other insurance companies and/or insurance rates on the market in the offers on this Website. The following insurance providers are passed on to the target groups below:
Doctors of human medicine who are studying and in further training:
Professional and personal liability insurance: Bayerischer Versicherungsverband (Maximilianstraße 53, 80530 Munich)
Professional liability insurance: Signal Iduna Gruppe (Joseph-Scherer-Str. 3, 44139 Dortmund)
Members of the North German Pharmacy Data Center (NARZ/AVN):
Cyber insurance: Gothaer Allgemeine Versicherung AG (Gothaer Allee 1, 50969 Cologne)
Trade fair exhibitors:
Trade fair and exhibition risks insurance with 4 components (exhibition insurance, optional extension of coverage for round-trip transport, liability insurance and accident insurance): Allianz Versicherungs-AG (Königinstr. 28, 80802 Munich)
Immo Assekuranz Comfort Policy: Gothaer Allgemeine Versicherung AG (Gothaer Allee 1, 50969 Cologne)
3. In addition, Funk serves as a whistleblower via the website www.funk-experts.de. Funk provides information about insurance and furnishes links that lead to insurance-related offers from other providers.
4. An insurance brokerage relationship (brokerage contract) is established between the user and Funk upon transmission of the insurance application to Funk. Funk will submit the insurance application to the insurer(s) in question.
5. Any insurance contract is concluded exclusively between the user and the insurer. Whether a contract is concluded with the insurer depends on the terms and conditions of the insurer and its acceptance of the insurance application.
6. The Website is designed for permanent operation by Funk. However, the user does not obtain any entitlement to future use of the Website, and/or to the ability for it to be used. The services offered on the Website are provided by Funk at its own discretion. Funk expressly reserves the right to discontinue or reduce its range of services without further justification.
7. Funk strives to establish and maintain a high availability of services on the Website. However, Funk provides no guarantee of the availability of the Website or the range of services offered on the Website, nor does it assume any other liability in this regard. Funk furthermore assumes no liability in the event of malfunctions of, interruptions to, or any possible temporary or permanent failure of the service.
§ 3 Remuneration
For the successful brokerage of an insurance contract, Funk receives a commission from the insurer in a customary amount dependent on the premium. The commission is already taken into account by the insurer in the premium calculation as part of its acquisition, closing and administrative costs and is paid with the premium. The customer therefore does not incur any additional costs by engaging Funk. The remuneration is not to be paid separately by the user to Funk, but is already included in the insurance premium. Funk will not receive any further remuneration in connection with its brokerage activities.
§ 4 Liability
1. Funk shall perform the agreed services with the due diligence of a prudent insurance agent. Funk is only liable for damages that result from a culpable breach of these duties of due diligence.
2. In accordance with the statutory provisions, Funk shall be liable for an unlimited amount insofar as the user asserts claims for damages that are based on wilful act or gross negligence, including wilful act or gross negligence on the part of Funk's legal representatives and vicarious agents.
3. Funk shall not be liable for the consequences of any inadequate insurance coverage under contracts not brokered by Funk.
4. The liability for slightly negligent breaches of essential contractual obligations (obligations that need to be fulfilled in order to make the proper execution of the contract possible in the first place, and upon compliance with which the contractual partner may regularly rely) is limited to typical and foreseeable damage. In all other respects, Funk's liability for slightly negligent breaches of duty is excluded.
5. The foregoing restrictions and limitations shall not apply to liability for culpable injury to life, limb or health. In these cases, Funk shall be liable without restriction and without limitation.
6. Claims for damages based on a slightly negligent breach of duty shall become statute-barred after three years from the date on which the user became aware of the circumstances giving rise to the claim and the person liable for compensation, or would have had to have become aware of these facts were it not for the gross negligence, but no later than five years after termination of this contract.
§ 5 Obligations of the user
1. The user shall provide Funk with all requested information, the content of which shall be accurate and complete. The user will inform Funk of any facts known to them, the user, that are clearly important for the determination of risk or the conclusion of insurance for the user without being requested to do so.
2. The user is obliged to check the contents of the insurance certificate and to report any deviations from their application immediately.
3. The assessment of the risk situation and the determination of the required sum insured per product is the responsibility of the user. Any changes in risk (e.g., change of professional status) must be reported to Funk immediately by the user or independently implemented via the customer login, so that Funk can initiate an adjustment of the insurance cover if necessary.
4. Insofar as the insurance contract provides for obligations on the part of the policyholder, the user is responsible for compliance with these obligations, for the implementation of recommendations for protection, and for the observance of any deadlines there may be vis-à-vis the insurer. Failure to comply with these obligations – in particular, the obligation to present the risk truthfully and to pay the premium – non-compliance with recommendations for protection, and the failure to meet deadlines can lead to a restriction in benefits or even to a total lack of obligation on the part of the insurer to provide any benefits.
5. On the basis of the concluded insurance contract, the user will immediately notify the responsible insurer and Funk of any damage in writing (electronic form shall suffice), so that the insurer does not miss any exclusion periods.
6. Notifications to Funk can be issued in writing, by telephone or by email to Th. Funk & Sohn GmbH, Valentinskamp 20, 20354 Hamburg, Telephone: +49 40 359 14-663, Email: firstname.lastname@example.org.
7. The initial information was provided to the user during the application process. The user consents to the provision of information via the website within the meaning of § 16 para. 2 no. 1.b lit. bb of the Insurance Brokerage Ordinance (VersVermV).
§ 6 Data protection
§ 7 Final provisions
1. The contractual relationship with the user is subject to German law.
2. The place of jurisdiction for all claims arising from this contract is Hamburg, provided that the user is a registered trader.
3. Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of this contract. In place of the invalid or unenforceable provision, the parties shall be deemed to have agreed the valid and enforceable provision that comes as close as possible to the commercial and legal intent of the invalid or unenforceable provision. The same applies in the event that this contract has unintentionally omitted any provision. The above provision does not apply if the user uses the Websites privately. In this case, the statutory provisions apply.