Terms and Conditions

General Terms and Conditions for Insurance Brokers

Preamble: Who we are and what we do

We, SureIn GmbH, are the operator of the internet platform www.surein.de. We act as an insurance broker within the meaning of Section 34d (1) of the German Trade Regulations (Gewerbeordnung - GewO). We are entered in the commercial register of the district court of Charlottenburg under the number HRB 231297 B.

What do we do for you?

We represent our customers actively and passively towards the insurers. We

  • make all necessary declarations of intent and

  • also accept them,

  • conclude new contracts,

  • amend existing contracts, and

  • terminate existing contracts.

We always act only with your express consent. You can manage your existing contracts online on our portal. This can be done either on a desktop or on mobile devices via an app.

 

1 Scope of Application: What do these conditions regulate?

1.1 These conditions (hereinafter "GTC") regulate the entire contractual relationship between you (hereinafter "Customer") and us (hereinafter "Broker"). The GTC apply to all business transactions that you conduct via our internet platform, via app or in direct contact with us, provided, of course, that the GTC effectively became part of the contract before the business transaction was concluded. The GTC only become part of the contract between you and us if we explicitly draw your attention to the GTC before concluding the contract and you have the opportunity to acknowledge their content.

1.2 The GTC apply in the version valid at the time of the order. You can find these GTC online at: http://www.SureIn.de/de/agb

1.3 Deviating GTC only apply if we have agreed to them in writing.

1.4 Under Section 15 of the Insurance Mediation Ordinance (Versicherungs-Vermittlungsverordnung), we must provide you with information upon initial contact. You can access and download this initial information at https://www.SureIn.de/de/erstinformation

 

2 Object of Service: How can you use our portal?

2.1 You can easily and digitally manage existing insurance policies on our internet platform or app. You can also optimize your contracts or conclude new insurance contracts. You can use our internet platform or app free of charge and terminate usage at any time.

2.2 Using our services on our internet platform or app does not change anything about your contracts. We do not automatically take over or change your insurance contracts.

2.3 We only act as a broker for you if you expressly commission us. If you have commissioned us accordingly, we can act as follows:

  • Add existing contracts to our internet platform or app and display them to you,

  • conclude new contracts,

  • amend existing contracts,

  • terminate contracts.

2.4 We strive to make our services accessible to you at all times in the best possible way via our internet platform. However, we do not owe or guarantee that you will be able to reach our internet platform or app. We are not liable - except in the case of intentional or grossly negligent action - for outages resulting from:

  • technical reasons, e.g.:

    • disrupted hardware,

    • defective software,

    • maintenance work.

  • reasons beyond our control, e.g.:

    • force majeure,

    • fault of third parties.

The above limitation of liability does not apply to damage to health and life, or to typically foreseeable damage arising from a breach of an essential contractual obligation (so-called cardinal duties).

 

3 Terms of Use: What rules must you observe when using our portal?

3.1 To use our services in full, you must register on our internet platform or app. Individual functions are also available without registration.

3.2 Only the following persons with unlimited legal capacity are entitled to use and register:

  • natural persons of legal age,

  • partnerships,

  • legal entities.

Partnerships and legal entities must register via an authorized representative, stating the first and last name.

3.3 When you use our services, you must answer all questions completely and truthfully. You must also provide data completely and correctly. If we have doubts that the information is correct and complete, we can end the cooperation at any time and undo your registration. Regarding the processing of data, our privacy policies apply. You can view and download them at www.SureIn.de/de/datenschutz. You have no right to a user account; we can temporarily block your access if there is a legitimate interest. In doing so, we respect your interests and our interests in equal measure. If we block your user account, we will inform you in text form. Text form means: email, SMS or fax, not necessarily a letter.

3.4 By using our services, a contract of use is concluded between us. The details of usage are regulated in these GTC.

3.5 If our internet platform or app provides a corresponding offer, it enables you to do the following:

  • You can search for suitable insurance free of charge and without obligation.

  • In addition, you can manage and optimize existing contracts in a clear layout.

  • All objective and recognized evaluation standards for insurance products are taken into account.

3.6 You can also check your existing insurance for utility and completeness. This verification process is based on objective and generally recognized standards. Please note the following: Over time, your needs may change. An existing insurance policy may no longer meet your needs at a later stage of your life. It may also deviate from the standards used by the software. We assume no guarantee that existing contracts we take over represented:

  • the most suitable,

  • the best,

  • the most sensible choice for you at the time of conclusion.

3.7 Using our internet platform or app cannot necessarily replace personal advice. Therefore, upon request, we offer to advise you individually. The necessary contact for this can take place through various channels. We will either advise you personally or commission a competent third party to do so.

3.8 If you want us to manage your contracts, you must grant us a power of attorney. A power of attorney authorizes us, among other things, to:

  • view your existing contracts with the insurers and

  • transfer the data of your existing contracts into our system.

We assume no guarantee that the data we receive from the insurers is complete or correct.

3.9 You undertake to use the offered services only in accordance with their purpose. You must not integrate the software into your own computer programs or, using them,

  • assemble,

  • sell,

  • rent,

  • lend,

  • distribute,

  • sublicense,

  • integrate into other programs,

  • link with other programs,

  • use for illegal purposes.

3.10 We are entitled at any time to:

  • stop providing the internet platform or app, or

  • terminate your right to use it.

This applies in particular if you violate the terms of use.

3.11 You can request at any time that we delete your user account. Regarding the storage of data beyond the business relationship, our privacy policies apply. You can view and download them at www.SureIn.de/de/datenschutz.

3.12 You are responsible for keeping your access data safe. You must treat the access data confidentially. This means that you must keep the data secret. Third parties must not see them. If there is a suspicion of misuse of the data, you must inform us immediately. Please send us an informal email to info@SureIn.de

3.13 You must take appropriate precautions to backup your data used on our internet platform or app. This refers to all data on the internet platform that is:

  • entered,

  • uploaded,

  • stored,

  • otherwise transmitted to us, or

  • sent by us to you.

You must backup this data and content regularly and appropriately in relation to the risk, and create your own backup copies. This ensures that you can restore the data and information yourself in the event of loss.

3.14 We may record and store telephone conversations with you if you expressly consent to this. This is done on the basis of legal obligations and for the purpose of legally required evidence. Upon request at the beginning of the phone call, you can explicitly consent to the recording of the conversation. Our employees can listen to the conversations later. We are authorized to make transcriptions of the recordings. Should a legal dispute arise, we can use the conversations as evidence if you have not explicitly rejected the recording.

 

4 Power of Attorney: What applies to the power of attorney?

4.1 You grant us your power of attorney in one of two ways:

  • Digital signature: We capture your signature digitally and enter it into the power of attorney. We can also use other procedures to digitize your signature.

  • Handwritten signature: You sign the power of attorney by hand and send us the signed power of attorney by post.

4.2 We store your signature in our system. We also use your signature for other documents after you have previously expressly consented to its use. We forward the signed power of attorney - if necessary - to insurers or other authorized third parties.

4.3 We have the right to refuse a power of attorney at any time and without giving reasons.

4.4 The scope of the power of attorney is based on your respective order. In its scope and range, it corresponds to a power of attorney standard for this industry. The power of attorney extends, for example, to:

  • obtaining your data,

  • supporting and managing your contracts,

  • arranging new contracts,

  • assistance in settling insurance claims.

4.5 You can revoke the power of attorney at any time. We also have this right. However, we may only revoke the power of attorney at times unfavorable to you if there is an important reason for doing so.

 

5 Mediation of Insurance Contracts: How do we source a suitable insurance for you?

5.1 You can commission us to conclude insurance contracts for you. Then we are obliged to base our proposal on a sufficient number of contracts and insurers offered on the market. Based on this, we will give you professional advice on which contract appears suitable to meet your needs. This does not apply if we point out a limited selection of companies and products in individual cases before the contract declaration is submitted.

5.2 If we point out a limited selection to you, we will inform you of the market and information basis on which our proposal is made. We will also inform you of the names of the companies taken as a basis. You can waive this obligation by a separate written declaration.

5.3 We only source contracts for you that meet your individual needs. Our suggestions are based, among other things, on these criteria:

  • the relationship between price and performance,

  • reliability in processing claims, and

  • our expertise.

5.4 We only source contracts from companies:

  • which are under the supervision of the Federal Financial Supervisory Authority (BaFin) and

  • whose rulebook is written in the German language.

Foreign insurers also operate in Germany. We only source the products of these companies if their offer and reliability are comparable to a German company. There is no obligation to do so. Some companies, so-called direct insurers, only distribute their products themselves. They do not allow contracts to be concluded by third parties. We point out that we cannot source these contracts.

5.5 You must transmit all information we need for contract-compliant advice and management truthfully and within the required period.

5.6 If you have to cooperate, for example sign an application, you must:

  • submit all required declarations,

  • at our request or at the request of the insurer,

  • without delay.

  •  

6 Communication: How do we communicate with you?

We communicate with you electronically. The only exceptions are declarations that are subject to the statutory written form. We may not deviate from this.

 

7 Advisor Liability: In which cases and in what amount are we liable for insurance mediation?

7.1 With the exception of the advice and documentation obligations regulated in Sections 60, 61 of the Insurance Contract Act (VVG), our liability is limited as follows: We are liable up to an amount of 1,300,380 euros per claim if we breach contractual obligations as a result of simple negligence. In these cases, we are also liable up to a maximum of 1,924,560 euros for all claims in an insurance year. We limit our liability because professional indemnity insurance exists in the stated amount.

7.2 However, we are liable in the following case: if we breach essential contractual obligations as a result of simple negligence. Essential contractual obligations are obligations:

  • whose fulfillment makes the execution of the contract possible in the first place and

  • on whose fulfillment you may therefore regularly rely.

However, our liability is limited as follows: We are liable at most up to the amount of the typical, foreseeable damage at the time the contract was concluded. We are not liable for lack of economic success, lost profit, and indirect damage resulting therefrom.

7.3 We are only liable in unlimited amounts for damage:

  • resulting from the advice and documentation obligations regulated in Sections 60, 61 VVG,

  • which we caused intentionally and with gross negligence, or

  • arising from injury to life, body, and health.

7.4 For defects or errors on the internet platform or app, we are only liable if we have fraudulently, intentionally, or grossly negligently concealed this defect or error.

7.5 We are not liable for disruptions beyond our control. These include, for example:

  • overloaded lines or

  • failure of telecommunication connections.

7.6 The limitations of our liability presented here apply equally to:

  • our employees and vicarious agents and

  • other third parties who help us fulfill our obligations.

8 Final Provisions

8.1 If any provision of these GTC should be invalid, all other sections shall remain effective. Already existing contracts also remain unaffected. The invalid provision is omitted without replacement; the statutory provision in this regard takes its place. If it turns out that there are regulatory gaps in the GTC, all other sections remain effective. The existing contracts also remain unaffected.

8.2 If we change these GTC, this is done - unless it is merely legally advantageous to you - as follows: Before the adjusted GTC become valid, we will send you the changed sections or GTC in text form. We will point out the new passages and the planned date of entry into force to you separately. In addition, we grant you a six-week period to object. This period begins when you have received our message in text form. You then have six weeks to object. If we do not receive an objection from you within this period, the changed GTC are deemed to have been agreed. At the beginning of the period, we will point out to you separately the consequences of your silence.

8.3 The law of the Federal Republic of Germany applies. The UN Convention on Contracts for the International Sale of Goods (CISG) and all international conflict of law rules are excluded.

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