General Terms and Conditions of CMA MediaInsuranceBroker GmbH for the Performance of Insurance Comparisons and Brokerage Activities
The following General Terms and Conditions apply exclusively to all contracts concluded by CMA MediaInsuranceBroker GmbH (CMA MediaInsuranceBroker GmbH) and the interested party (user) as well as to all services provided by CMA MediaInsuranceBroker GmbH-Insurances, especially consulting, calculations, rates and other data. Any terms and conditions of the user deviating from these General Terms and Conditions shall not apply.
2. Services of CMA MediaInsuranceBroker GmbH / Conclusion of contract
I. As an insurance broker, CMA MediaInsuranceBroker GmbH provides commercial users with free and non-binding information on rates and conditions of insurance and financial services companies (providers) cooperating with CMA MediaInsuranceBroker GmbH. CMA MediaInsuranceBroker GmbH brokers insurance and financial service contracts to the respective provider on the basis of an offer submitted by the user online or offline.
II. CMA MediaInsuranceBroker GmbH will act as an insurance broker according to § 34d Gewerbeordnung for the procurement of insurance in the line(s) selected by the user. Based on the information provided in the comparisons or quote requests, CMA MediaInsuranceBroker GmbH offers to procure the appropriate insurance coverage. In principle, this is done on the basis of an objective and balanced view of the market. For this purpose, CMA MediaInsuranceBroker GmbH regularly analyzes the insurance market and uses the appropriate calculation software or resorts to external ones (e.g. Circles Group S.A., Die Versicherungs-Makler Genossenschaft eG (VEMA)). Not all insurance companies and not all insurance rates available on the market can be listed in the comparisons and online calculators.
III. An insurance brokerage relationship with CMA MediaInsuranceBroker GmbH is only established upon transmission of the proposals by CMA MediaInsuranceBroker GmbH based on the actually transmitted data of the user. The user receives various proposals from providers or uses our online calculators with corresponding industry-specific content, which are calculated on the basis of the data entered by the user. Provided that the user has decided in favor of a specific proposal from CMA MediaInsuranceBroker GmbH, he/she can submit an application either online or offline to conclude a contract with a provider based on the original proposal from CMA MediaInsuranceBroker GmbH.
IV. An insurance or financial services contract is only concluded between the user and the provider selected by the user. CMA MediaInsuranceBroker GmbH has no influence on the conclusion or non-conclusion of such a contractual relationship. Whether a contract is concluded with the provider depends on the corresponding conditions of the respective provider.
V. The concrete offers of the providers may differ in individual cases with regard to individual circumstances from the individual rates or conditions calculated and offered to CMA MediaInsuranceBroker GmbH. The providers are solely responsible for the content and accuracy of the offers.
3. Guarantee of the accuracy of the information and limitation of liability
I. CMA MediaInsuranceBroker GmbH makes every effort to ensure that the data provided by the user and the comparative calculations are always up-to-date, complete and correct. However, CMA MediaInsuranceBroker GmbH is not obliged to include all insurance and financial services companies on the market in the calculations.
II. Any information on insurance and financial services or other information provided by CMA MediaInsuranceBroker GmbH does not constitute investment advice for the user, but serves to facilitate an independent investment decision by the user, over which CMA MediaInsuranceBroker GmbH has no influence. None of the information is to be understood as a promise of a guarantee or assurance. In particular, the services of CMA MediaInsuranceBroker GmbH do not include legal or tax advice. The wording of the insurance policy is binding. The user is obliged to check the exact content of the insurance policy and to report any discrepancies immediately.
III. CMA MediaInsuranceBroker GmbH shall be liable for intent and gross negligence, as well as, irrespective of the degree of fault, for damages arising from the breach of an obligation under §§ 60 or 61 of the German Insurance Contract Act (VVG), as well as for damages arising from injury to life, body or health, which are based on a breach of duty by a legal representative or vicarious agent of CMA MediaInsuranceBroker GmbH. Liability for the slightly negligent breach of material contractual obligations - i.e. obligations the fulfillment of which is essential for the proper performance of the contract and the observance of which the contracting party regularly relies on and may rely on - is limited to the typical and foreseeable damage. Otherwise, the liability of CMA MediaInsuranceBroker GmbH for slightly negligent breaches of duty is excluded.
4. Duties of the user / prohibition of commercial use
I. The entry and transmission of personal data by the user takes place online via the input masks prepared by CMA MediaInsuranceBroker GmbH or via other transmission channels expressly provided for by CMA MediaInsuranceBroker GmbH in individual cases. The user is solely responsible for the completeness and accuracy of all data entered or otherwise transmitted by the user in the input mask. If the user provides false, untrue or insufficient information, CMA MediaInsuranceBroker GmbH is entitled to leave the search request unprocessed. In the event that the user intentionally submits false or untrue personal data, CMA MediaInsuranceBroker GmbH reserves the right to exclude the user from using the services offered or made available and to demand compensation for any damages incurred as a result.
II. The use of the services of CMA MediaInsuranceBroker GmbH free of charge is only permitted to private individuals and commercial customers for purposes that cannot themselves be attributed to a commercial or self-employed professional activity within the meaning of §34d Gewerbeordnung (Trade Regulation Act) for the brokerage of insurance policies. Use of the services of CMA MediaInsuranceBroker GmbH for commercial purposes or as part of a self-employed professional activity within the scope of §34d Gewerbeordnung for the brokerage of insurance policies is expressly prohibited.
III. For each case of culpable violation of the prohibition of commercial or independent professional use, a contractual penalty in the amount of Euro 2,500 is agreed. CMA MediaInsuranceBroker GmbH is entitled to demand the contractual penalty in its entirety only after it has been forfeited several times. The combination of several individual acts into one legal unit is excluded (exclusion of the continuation connection). Notwithstanding the contractual penalty, CMA MediaInsuranceBroker GmbH may also claim damages and exclude the user from further use of the services offered or made available.
IV. All copyrights, rights of use or property rights remain with CMA MediaInsuranceBroker GmbH.
6. Final Provisions, Applicable Law
I. These General Terms and Conditions are final for the regulation of legal relations between CMA MediaInsuranceBroker GmbH and the user.
II. If any provision of these General Terms and Conditions or part of such provision is or becomes invalid, this shall not affect the validity of these General Terms and Conditions as a whole.
III. The contractual relations of the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the conflict of laws provisions of the EGBGB.
(as of Dec 2021)