Insurance conditions for traveller's insurances of foreign guests with the HanseMerkur Reiseversicherung AG (Short designation: VB- AG 02) A: General part valid for all insurances mentioned in part B § 1 Subject, scope and area of application of insurance cover (1) HanseMerkur offers insurance cover within the scope of these conditions for insured persons who are preliminarily travelling in the Federal Republic of Germany, the states of the European Union as well as in Switzerland and Liechtenstein. (2) The occurrence of an insured event in the native country of the insured person shall not be covered by insurance protection. Native country in the sense of these contract conditions is the country where the insured person has its permanent place of resident and/or the insured person's country of nationality. (3) The scope of insurance cover results from the insurance policy, possible particular agreements in writing, these general insurance conditions as well as the statutory regulations of the Federal Republic of Germany. § 2 - Insurable persons (1) Insurable in the group insurance shall persons up to the completed age of 65 and in individual insurance up to the completed age of 74, if they: a) possess a foreign nationality and only preliminarily stay in the Federal Republic of Germany, the states of the European Union or in Switzerland or Liechtenstein; b) possess the German nationality and have had their permanent place of residence abroad for more than 2 years. Abroad does not mean the territory of the Federal Republic of Germany. A group insurance can be effected from three persons travelling together and for a maximum period of 1 year. A prolongation of the insurance contract within the scope of an individual insurance shall be possible up to a total insurance period of 3 years. (2) Not insurable and despite a premium payment not insured shall be persons who: a) are persons in need of care as well as insane persons; b) perform activities as construction workers or sportsmen against payment; a person in need of care is a person who requires outside help for the activities of everyday life. § 3 - Start of insurance cover (1) Insurance cover shall start with the time indicated in the insurance policy (insurance start), however, neither prior to the entry into the Federal Republic of Germany, the states of the European Union as well as Switzerland or Liechtenstein nor prior to premium payment. No benefit shall be paid for insured events and - in traveller's health insurance - also for complaints and their consequences that occur and/or exist prior to the start of insurance cover. (2) For persons who do not possess the prerequisites to be insured as per § 2 (1) of these conditions even payment and receipt of the premium shall not constitute the conclusion of an insurance contract. Should a premium nevertheless be paid for a non-insurable person, the amount will be available for the sender after deduction of the cost of the insurance company. § 4 - Conclusion and term of the insurance contract (1) The application for concluding an insurance contract has to be made within 31 days after entry into the Federal Republic of Germany, the states of the European Union as well as Switzerland or Liechtenstein. Upon request the date of entry shall have to be proven. After expiry of one month the conclusion of an insurance contract is no longer possible. (2) If the insurance is applied for on the valid form provided by the insurance company for that purpose and premium payment is made with a post office or a credit institution, the contract shall be valid, provided the duly completed form is received by HanseMerkur, from the day of payment and/or transfer of premium (date of post office or credit institute on the voucher is authoritative). The form shall only be regarded as duly completed, if it includes clear and complete information about the start and the term of the insurance contract as well as the persons to be insured. The voucher of the printed payment form shall be taken as the insurance policy. Policyholder shall be the applicant or the payer mentioned in the printed payment form. (3) The insurance contract must be concluded for the complete period of stay. (4) Maximum insurance term: a) in group insurance is 1 year. A prolongation within the scope of an individual insurance shall be possible. b) in individual insurance is 3 years. A prolongation is only possible with the consent of the insurance company. (5) If the stay is prolonged within the maximum insurance term, the originally agreed contract term can only be prolonged, if HanseMerkur received the application for prolongation before expiry of the original insurance contract, and if HanseMerkur expressly agreed to such a prolongation. The acceptance of the premium in case of payment as per § 4 section 2 of these conditions shall not be considered as a consent to a contract prolongation. (6) In case of contract prolongation, insurance cover shall only exist for insured events and in traveller's health insurance moreover only for complaints and their consequences that newly occurred after application for prolongation (date and time of postmark). Insured events including complaints with regard to traveller's health insurance that occur after application for prolongation and before consent of the insurance company shall be immediately indicated to HanseMerkur in writing. § 5 - General restriction of insurance cover Insurance cover shall not be granted for losses caused by strike, war-like events, civil disorders, nuclear energy as well as for those events caused by the policy holder or the insured person through wilful intent. § 6 - End of insurance cover Insurance cover - in case of traveller's insurance even for pending insured events - shall end: (1) at the agreed time, (2) at the latest with the end of the stay in the Federal Republic of Germany, the states of the European Union as well as Switzerland or Liechtenstein, (3) if the prerequisites for a preliminary stay in the Federal Republic of Germany or the states of the European Union as well as Switzerland or Liechtenstein no longer are met. § 7 - Premium (1) The premium is a single premium resulting from the applicable premium chart and has to be paid when concluding the contract. (2) Portions of the lump-sum premium that remain unused because of an earlier departure shall not be refunded by HanseMerkur. § 8 - Payment of indemnity (1) HanseMerkur shall be entitled to pay indemnity to the deliverer or sender of due evidence, unless there is reasoned doubt regarding the proof of identity of the deliverer or sender. (2) Cost that occurred in a foreign currency shall be converted at the exchange rate of the day when the supporting documents are received by HanseMerkur into the currency being valid in the Federal Republic of Germany then. For trade currencies, the exchange rate of the day shall be the official exchange rate Frankfurt/Main, for non-traded currencies the exchange rate as per "Währungen der Welt", publications of Deutsche Bundesbank Frankfurt/Main, latest version, unless the foreign currency required for paying the invoices had been purchased at a more unfavourable exchange rate which can be proven. (3) Additional cost incurring by the fact that HanseMerkur have to make transfers abroad or that the insured person selects special forms of transfer can be deducted from the insurance benefits. § 9 - General obligations after occurrence of an insurance event and consequences of breach of obligations (1) After occurrence of an insurance event, policy holder and insured person are obliged a) to avoid everything that might lead to an unnecessary increase of cost; b) to indicate the insurance event immediately to HanseMerkur, at the latest, after the end of the travel; c) to entitle HanseMerkur to perform any reasonable examination concerning reason and amount of their liability, to give every appropriate information, to present original supporting documents, if necessary, to relieve attending physicians and other insurance companies from their professional discretion as well as to present appropriate certificates in the event of death. (2) Upon request of the insurance company, the insured person shall be obliged to be examined by a physician appointed by HanseMerkur. (3) Should the policy holder / the insured person violate one of the contractually agreed obligations, HanseMerkur shall be discharged from liability unless the violation is caused by intent or gross negligence. In case of a grossly negligent violation, HanseMerkur shall remain liable insofar as the violation has had no influence on the determination of the claim nor on the determination or the scope of the liability to be performed by the insurance company. Note: Please also pay attention to the particular obligations mentioned in part B of the indicated insurance types. § 10 - Reasons of forfeiture, limitation period, statutory limitation (1) HanseMerkur shall be discharged from liability, if: a) the policy holder or the insured person have caused the insured event wilfully; b) the policy holder or the insured person want to deceive HanseMerkur concerning the reasons that had been of importance for reason or amount of the liability. (2) Liability shall also be cancelled, if a refund has been rejected and the claim for benefit has not been legally asserted within six months. The time limit shall start only after HanseMerkur have rejected in writing the claim made indicating the legal consequences connected with the expiry of the time limit. (3) Claims from this insurance contract become statute-barred in two years. The statutory limitation period shall start with the end of the year which the benefit can be claimed in. If a claim of the policy holder has been presented to the insurance company, statutory limitation shall be suspended until receipt of the written declaration of the insurance company. § 11 - Claims towards third parties Claims of the insurance holder or the insured person towards third parties shall pass over to HanseMerkur in the statutory scope, insofar as HanseMerkur have compensated the damage. If necessary, the insurance holder or the insured person shall be obliged to make a declaration of assignment towards HanseMerkur. If the policy holder or the insured person give up such a claim or any right serving as a protection of the claim without the consent of the insurers, the latter shall be discharged from their liability obligation insofar as they could have obtained compensation from the claim or right. § 12 - Compensations from other insurance contracts (Subsidiary clause) If in case of an insurance event compensation can be claimed from another insurance contract, the other contract shall have priority over this contract. If the insured event is first indicated to HanseMerkur Reiseversicherung AG, they will make an advance performance. In addition, § 11 of these insurance conditions shall apply. § 13 - Set-off The insurance holder or the insured person can only set-off against claims of HanseMerkur, if the counterclaim is uncontested or final and absolute. § 14 Declarations of intent and notices Declarations of intent and notices towards HanseMerkur shall be made in writing. Insurance brokers shall not be entitled to accept them. § 15 - Jurisdiction / applicable law Place of jurisdiction shall be Hamburg or the place of business of the insurance broker. If legally possible, German law shall apply. B: Particular part concerning individual insurance types I. Traveller's health insurance § 1 - Description of insurance cover (1) HanseMerkur award compensation for insured events acutely occurring during travels. (2) In case of insurance contracts with a term of a least one year, insurance cover shall remain active even with a preliminary return into the native country of the insured person - this is limited to max. 6 weeks for all stays in the native country per insurance year. Insurance year shall be a period of 12 months counting from the start of insurance. Upon request of the insurance company, start and end of each interruption are to be proven by the insured person. (3) Insured event is the medically required curative treatment of an insured person because of a disease or the consequences of an accident. The insured event starts with the curative treatment and ends after there is no longer any necessity for a curative treatment according to medical findings. If the curative treatment has to be extended to a disease or to the consequences of an accident that are not causally related to the ones treated so far, a new insured event exists. An insured event shall also be a) examination and medically required treatment because of pregnancy unless said pregnancy already existed prior to the beginning of insurance cover. b) death. § 2 - Qualifying periods (1) Qualifying periods shall count from the start of insurance and in case of contract prolongation from start of prolongation. (2) Qualifying time for deliveries shall be 6 months. § 3 - Benefits I. General (1) In Germany, the insured person may select from the established and qualified physicians and dentists. According to the contractual scope, the cost for curative treatment for activities of the treating person shall be reinforced insofar as said person may invoice in accordance with the official scale of medical fees for physicians and dentists. In the states of the European Union as well as in Switzerland or Liechtenstein the insured person may select from the legally recognised and appointed physicians and dentists in the country of residence insofar as they invoice in accordance with the official scale of medical fees for physicians and dentists - if existing - or the fees in accordance with local custom. (2) Medicine, dressing material, medicaments and supplies must be prescribed by the treating persons mentioned in section 1 - moreover, medicine must be procured at the chemist's. a) Processed foodstuff and restoratives, mineral water, disinfectants and cosmetics, diet and baby food and the like - even if prescribed as such - shall not be regarded as medicine. (3) In case of a medically required in-patient hospital stay the insured person may freely select from the public and private hospitals that have a permanent medical supervision, possess sufficient diagnostic and therapeutic possibilities, maintain clinical histories and do not perform any cures or sanatorium treatment or accept any convalescents. (4) Within the contractual scope the insurance company shall pay benefits for examination and treating methods and medicine that are mainly approved by classical medicine. They moreover pay benefits for methods and medicine that have proven to be successful in practice or that are used since no other methods or medicine of classical medicine are available. The insurance company, however, shall be entitled to reduce their benefits to that amount that would have accrued with the use of available methods or medicine. (5) The insurance company shall pay benefits within the contractual scope for conveyance and funeral cost, if death of the insured person occurs through an event that falls under the liability of this contract. II. Cost of therapeutic treatment (1) The insurance company shall reimburse the cost accrued for a medically required therapeutic treatment - less a retention of 25.00 EUR per insured event in individual insurance. There is no retention in group insurance. Therapeutic treatment in the sense of these conditions is: a) medical treatment including pregnancy examinations, pregnancy treatment, unless the pregnancy already existed at the start of the insurance or prolongation contract, and treatment because of miscarriage; b) medically prescribed medicine and dressing material; c) medically prescribed ray, light and other physical treatments; d) medically prescribed massages, medical packages and inhalations; e) medically prescribed supplies that become necessary because of an accident first and serve for direct treatment of the consequences of accident; f) X-ray diagnosis; g) in-patient treatment in general nursing class (multiple-bedded room) without freedom of choice (private doctor treatment); h) ambulance service to in-patient treatment in the next suitable hospital and to first medical care after an accident to the next suitable physician and back; i) operations; j) deliveries - after expiry of qualifying period. (2) Cost of dental treatment The insurance company shall reimburse the cost accrued during travelling - less a retention of 25.00 EUR in individual insurance (there is no retention in group insurance - for: a) painkilling preserving dental treatment including simple filling; b) measures for restoring the function of dental prosthesis (repairs). For a) and b) max. a total of 300,00 EUR with contract terms up to 6 months including any contract prolongation and with contract terms of more than 6 months including any contract prolongation up to a total of 600,00 EUR per insurance year / insured person. Insurance year is a period of 12 months. III. Conveyance / funeral cost With the exception of a stay in the native country, HanseMerkur shall pay (1) in case of death of an insured person the additional cost up to 10,000.00 EUR accruing for the conveyance of the deceased to his native country; (2) the cost for a funeral up to the amount that would have accrued for a conveyance - at the most up to 10,000.00 EUR. IV. Secondary liability If a disease requires a therapeutic treatment beyond the end of the insurance cover since a return journey is impossible owing to a proven lack of transportability, there will be a liability within the scope of this tariff a) with contract terms of up to 6 months including any contract prolongation up to the restoration of transportability, max. for the period of one further month. b) with contract terms over 6 months including any contract prolongation up to the restoration of transportability, max. for the period of three further months. V. Reimbursement of cost (1) The cost accrued in the official currency of the foreign country shall be reimbursed. (2) Original vouchers have to be presented including the following information: a) name and address of the treating person; b) name of the treated person; c) designation of disease; d) period of treatment; e) type of services rendered. (3) Prescriptions have to be presented along with the physician's invoice or the invoice for medicine and supplies. (4) In case of a conveyance, a medical certificate indicating the cause of death has to be presented. § 4 - Limitation of insurance cover (1) There is no liability: a) for diseases and complaints and their consequences existing and known at the beginning of insurance cover or the beginning of contract prolongation as well as for the consequences of such diseases and accidents that had been treated during the last six months prior to start of insurance; b) for such diseases including their consequences as well as for the consequences of accidents and for deaths that are caused by warlike events or the active participation in riots and that are not expressly included in insurance cover; c) for diseases and accidents including their consequences resulting from wilful intent; d) for cure and sanatorium treatment as well as measures of rehabilitation; e) for withdrawal treatment including withdrawal cures; f) for out-patient therapeutic treatment in a spa or health resort. This limitation is dropped, if the therapeutic treatment becomes necessary through an accident that happened there. In case of diseases it is dropped, if the stay of the insured person in the spa or health resort is only preliminary and not for curative purposes; g) for treatments by spouses, parents or children. Proven material cost will be reimbursed according to tariff; h) for treatments of persons who the insured person lives together with in the own or the guest family. Proven material cost will be reimbursed according to tariff; i) for a treatment or accommodation caused by invalidism, needing care or institutionalisation; j) for psychoanalytic and psychotherapeutic treatment; k) for terminations of pregnancy; l) for measures of immunisation; m) for supplies; n) for treatments caused by disturbances and defects of reproductive organs; o) for treatments of HIV infections and their consequences; p) for dental prosthesis, post crowns, inlays, crowns and orthodontic treatments, implants, occlusal overlays and gnathologic measures. (2) If a therapeutic treatment exceeds the medically required level, the insurance company may reduce their benefits to an appropriate amount. (3) If a claim exists for benefits from statutory accident or pension insurance, from statutory medical care or accident care, the insurance company may deduct the statutory benefits from the insurance benefits. II. Traveller's accident insurance § 1 - Description of insurance cover (1) HanseMerkur shall pay benefits for accidents during a travel that lead to the death or a permanent invalidity of the insured person. (2) An accident exists, if the insured person involuntarily suffers from an impairment of health caused by a sudden event (accident) acting on the person's body. (3) An accident also exists, if - through an increased effort at extremities or spinal column a joint is luxated or muscles, tendines, ligaments or capsules are strained or ruptured. § 2 - Benefits The amounts insured for benefits in case of invalidity and death as well as for recovery cost result from the contractual stipulations. For the accrual of the claim and the determination of benefits the following conditions apply. I. Invalidity benefit (1) If the accident leads to a permanent impairment of physical or mental capacity (invalidity) of the insured person, a claim for capital payment out of the amount insured for the case of invalidity exists. Invalidity must have occurred within one year after the accident and be medically established and asserted before the expiry of a period of further three months. (2) The amount of benefits results from the degree of invalidity. a) Fixed degrees of invalidity (to the exclusion of the evidence of a higher or lesser invalidity) in case of loss or inability to function are one arm in shoulder joint 70 % one arm up to above the elbow joint 65 % one arm below the elbow joint 60 % one hand in wrist joint 55 % one thumb 20 % one index finger 10 % another one finger 5% one leg over the middle of the thigh 70 % one leg up to the middle of the thigh 60 % one leg up to below the knee 50 % one leg up to the middle of the lower leg 45 % one foot in ankle joint 40 % one big toe 5% another one toe 2% one eye 50 % audition in one ear 30 % sense of smell 10 % sense of taste 5% b) In case of a partial loss or inability to function of one of these parts of the body or sense organs the appropriate portion of the percentage as per a) is taken as the basis. c) If parts of the body or sense organs are affected by the accident the loss or inability to function of which is not stipulated as per a) or b), it shall be authoritative for them to what extent the normal physical or mental capacity is impaired under exclusive consideration of medical aspects. d) If several physical or mental functions are impaired by the accident, the invalidity degrees as per § 2, item 2 will be added. More than 100 percent, however, shall not be assumed. (3) If a physical or mental function that had already been permanently impaired is affected by the accident, there will be a deduction amounting to the degree of this previous invalidity which is to be assessed as per § 2, item 2 a to c. (4) If death occurs by accident within one year of the accident, there will be no claim for invalidity benefit. (5) If the insured person dies for reasons not being connected with the accident within one year after the accident (irrespective of the cause) or later than one year after the accident and a claim for invalidity benefit as per § 2, item 1 was existing, benefits have to be paid according to the degree of invalidity which would have to be calculated on the basis of the last medical findings. (6) Additional benefits from an invalidity degree of 90 percent a) If an accident without participation of diseases or ailments as per the assessment principles of § 2, items 2 and 3 leads to a permanent impairment of physical or mental capacity of at least 90 percent, HanseMerkur shall pay double invalidity benefits. b) Additional benefits are limited to at most 150,000.00 EUR per insured person. If there are further accident insurance covers for the insured person with HanseMerkur Reiseversicherungs AG, the maximum amount shall apply for all insurance contracts together. II. B e n e f i t i n c a s e o f d e a t h If the accident leads to the death of the insured person within one year, the heirs shall be entitled to receive benefits according to the amount insured for the case of death. For the assertion of claims refer to § 5, item 5. III. C o s t o f r e c o v e r y (1) If the insured person met with an accidence that is covered by the insurance contract, HanseMerkur shall reimburse - up to the contractually stipulated amount - the accrued necessary cost for: a) search, rescue or recovery measures of public or private rescue services, if the customary fees therefor are invoiced, b) transport of the injured person to the next hospital or to a special clinic, if medically required and prescribed, c) additional cost for the return of the injured person to the person's permanent place of residence, if the additional cost result from medical prescriptions or are unavoidable because of the type of injuries, d) in case of death, conveyance to the last place of permanent residence. (2) If the insured person has to satisfy cost as per 1. a) although no accident was met but such an accident had been imminent or to be reckoned with according to the concrete circumstances, HanseMerkur shall also be liable for damages. (3) If another person being liable for damages pays, the claim for reimbursement towards HanseMerkur can only be asserted with regard to the remaining cost. If another person being liable for damages denies its liability, the insured person may directly have recourse to HanseMerkur. (4) If the insured person has several accident insurance covers with HanseMerkur, insured recovery cost can only be claimed from one of these contracts. § 3 - Due date of benefits (1) As soon as HanseMerkur have received documents that the insured person has to present with regard to the circumstances and the consequences of the accident as well as to the completion of the therapeutic treatment required for assessing the invalidity, HanseMerkur shall be obliged to declare within one month (in case of an invalidity claim within three months) whether and to what extent they accept a claim. Medical fees incurred by the insured person for reasoning the claim assertion shall be accepted by HanseMerkur up to max. 1 per mill of the insured amount. (2) If HanseMerkur accept the claim or if the insured person and HanseMerkur come to an agreement regarding reason and amount, HanseMerkur shall pay the benefit within two weeks. Prior to the completion of the therapeutic treatment an invalidity benefit cannot be claimed within one year after occurrence of the accident. (3) If the liability to pay benefits first is only established on the merits, HanseMerkur upon request of the insured person shall pay appropriate advances. (4) The insured person and HanseMerkur are entitled to have the degree of invalidity medically certified every year, at the longest up to three years after occurrence of the accident. HanseMerkur will have to exercise this right with their declaration according to § 3, item 1 on the part of the insured person within one month from receipt of said declaration. If the final assessment results in a higher invalidity benefit than that already paid by HanseMerkur, the additional amount shall have to bear 5 percent interest per year. § 4 - Limitation of insurance cover I. Non-insurable persons Not insurable and despite a premium payment not insured shall be persons who are in need of care as well as insane persons. A person in need of care is a person who requires outside help for the activities of everyday life. Insurance cover shall expire as soon as the insured person is no longer insurable according to sentence 1. II. Not insured accidents and impairments of health Not included in the insurance cover are: (1) accidents because of mental disorders or disturbances of consciousness even if caused by drunkenness as well as because of strokes, epileptic seizures or other convulsions attacking the whole body of the insured person; (2) accidents met by the insured person because the insured person wilfully performs or tries to perform a criminal offence; (3) accidents of the insured person that are caused by the operation of an aircraft. There is, however, insurance cover for air passengers of airline companies; (4) accidents of the insured person during parachute jumping; (5) accidents met by the insured person because the person participated in motor events aiming at achieving highest possible speeds as a driver, co-driver or passenger of a motor vehicle including the necessary test drives; (6) accidents met by the insured person when performing professional activities. Commercial activities, office, teaching and administrative activities as well as the professional activities of tourists' guide, however, are covered by the insurance; (7) health impairments caused by rays, therapeutic measures or operations, infections and poisonings unless they are caused by the accident; (8) abdominal or hypogastric hernias. Insurance cover, however, exists, if they are caused by a forcible effect coming from outside that is covered by this contract; (9) damage to intervertebral disks as well as bleeding from internal organs and cerebral bleedings. Insurance cover, however, exists, if an accident in the sense of § 1, item 3, covered by this contract is the predominant cause; (10)pathological disturbances owing to psychic reactions irrespective of their cause. III. Participation of diseases or ailments If diseases or ailments participated in the health impairment or its consequences caused by an accident, the benefit shall accordingly be reduced by the portion of the disease or ailment, if this portion is at least 25 percent. § 5 - Particular obligations after occurrence of an accident (supplement of the general obligations mentioned in § 9 of the General Part) (1) After an accident that presumably will lead to a liability a physician has to be called in immediately. The insured person has to follow the medical prescriptions and to do everything in order to minimise the consequences of the accident. (2) The accident notification sent by HanseMerkur has to be completed truthfully and to be returned to HanseMerkur immediately. (3) The insured person has to be examined by physicians appointed by HanseMerkur. HanseMerkur shall bear the necessary cost including a possible loss of earnings. (4) The physicians who treated or examined the insured person (even for other reasons), other insurance companies, insurance carriers and authorities shall be entitled to give the required information. (5) If the accident is followed by death, this has to be notified to HanseMerkur within 48 hours, even if the accident itself had already been notified. HanseMerkur has to be entitled to have a physician authorised by them perform a post-mortem examination. (6) Legal consequences for a violation of any of these obligations result from § 9 of the General Part of VB-AG 02. III. Traveller's liability insurance § 1 - Description of insurance cover 1. HanseMerkur offers insurance cover to the insured person during travelling, in case the insured person - owing to an occurrence of damage that caused the death, the injury or the health impairment of human beings (personal injury) or the damage or destruction of things (material damage) - and on the basis of statutory liability regulations of private-law contents is claimed on compensation for loss suffered by a third party. 2. Insurance cover shall apply to the statutory liability of the insured person as a private person regarding the liability risks of everyday life occurring during travels, in particular a) as the head of family and household (e.g. from the duty of supervision concerning minors). b) as a user of the preliminarily and for private purposes rented rooms in buildings for accommodation during travelling (such as hotel and boarding-house rooms, holiday flats, bungalows) as well as the rooms the use of which is foreseen and permitted in connection with accommodation (e.g. dining rooms, shared baths). Excluded, however, are liability claims because of − damage to movable goods such as pictures, furniture, TV sets, tableware, etc., − damage through wear and tear and excessive utilisation, − damage to heating, machine, boiler and water heating installations as well as electric and gas appliances, − the rights of recourse falling under the waiver of recourse according to the agreement of the fire insurance companies in case of overlapping occurrences of damage. The amount insured is 25,000.00 EUR per insured event. The total liability of HanseMerkur for all occurrences of damage within the insurance term is limited to the double amount of the aforesaid amount insured. With every insured event, the insured person has to bear 20% of the indemnification, at least 50,00 EUR. c) as a cyclist (bicycle without power drive). d) from the exercise of sports (except the sports mentioned in § 3, item 3). e) as a rider or driver in case of using unfamiliar horses and carriages for private purposes (liability claims of the keeper or the owner of animals are not insured) f) through the ownership and use of model air-crafts, unmanned balloons and kites that are neither driven by motors nor by propelling charges the flight weight of which does not exceed 5 kg and that do not possess any insurance cover. g) through the ownership and use of own or unfamiliar rowing and pedal boats as well as unfamiliar sailing boats that are neither driven by motors (outboard motors) nor propelling charges and that do not possess any insurance cover. h) from the possession, ownership, holding or use of own or unfamiliar surfboards for sports reasons. Excluded, however, is the statutory liability of the insured person from rental, lease or transferral for use to third persons. § 2 - Benefits 1. The liability of HanseMerkur includes the examination of the liability question, the defence of unjustified claims as well as the indemnification of compensation the insured person has to pay because of an acceptance given or consented to by HanseMerkur, a settlement concluded or consented to by HanseMerkur, or a judicial decision. If the appointment of a defender for the insured person in criminal proceedings because of an occurrence of damage that may result in a liability claim falling under the insurance cover is desired or consented to by HanseMerkur, HanseMerkur shall bear the cost of said defender as per scale of fees or the possibly agreed higher cost. If the insured person has to provide security by act of law for an annuity owed from an insured event or if averting the enforcement of a judicial decision is waived through provision of security or deposit, HanseMerkur shall be obliged to provision of security or deposit on behalf of the insured person. 2. For the scope of liability of HanseMerkur the contractually stipulated maximum insured amounts form the upper limit for every insured event. Several chronologically connected defects from the same cause are considered as o n e insured event. 3. If there are legal actions towards an insured event regarding the claim between the insured person and the injured party or its legal successor, HanseMerkur shall litigate on behalf of the insured person. The costs incurring therefor will be borne by HanseMerkur. 4. The expenditure of HanseMerkur for cost shall not be set off with benefits from the amount insured (however, refer to § 2, item 5). 5. If the liability claims exceed the amount insured, HanseMerkur shall only have to bear cost of litigation in the relation of the amount insured to the total amount of claims, even if there are several procedures caused by one insured event. In such cases, HanseMerkur shall be entitled to discharge themselves from further benefits by paying the amount insured and their portion of the so far incurred cost corresponding to the amount insured. 6. If the insured person has to pay annuities to the injured person, and if the capital value of the annuity exceeds the amount insured or the residual amount from the amount insured after deduction of possible other benefits from the same insured event, the annuity to be paid will only be paid in relation to the amount insured or to its residual amount. For this purpose, the capital value is determined on the basis of the mortality table of "Deutsche Aktuar-Vereinigung von 1995 für Renten (DAV 1995 R)" and an interest rate of 4% per year. 7. If the settlement of a liability claim through acceptance, satisfaction or compromise demanded by HanseMerkur fails because of the resistance of the insured person, HanseMerkur shall not be liable for the additional expenditure regarding main issue, interest and cost incurring from said refusal. § 3 - Exclusions Insurance cover does not include: 1. Liability claims going beyond the scope of statutory liability of an insured person. 2. Claims for salary, pension, wages and other fixed emoluments, board, medical treatment in case of incapacity for service, welfare claims as well as claims from regulations concerning tumult damage. 3. Liability claims from damage caused by the participation in horse, bicycle or motor vehicle races, boxing and wrestling matches, physical contact sports like judo, kung-fu, and the like as well as preparations (training) therefor. 4. Liability claims because of damage (except the facts mentioned under § 1, item 2 b)) at foreign things the insured person has rented, leased or acquired by unlawful interference with the possession of another or things being subject of a particular order of custody. 5. Liability claims because of damage through environmental effect on ground, air or water (including bodies of water) and all losses resutling therefrom. 6. Liability claims a) from insured events of relatives of the insured person who live in cohabitation with the insured person. Relatives are spouses, parents and children, adoptive parents and children, parents-in-law and children-in-law, stepparents and stepchildren, grandparents and grandchildren, sisters and brothers as well as foster parents and children (persons who are related to each other like parents and children through a family-like relationship that is intended to last a longer time). b) between several insured persons of the same insurance contract. 7. Liability claims because of losses that result from the transmission of a disease of the insured person. 8. the liability of the owner, possessor, holder or operator of a motor, air or water vehicle (except the water vehicles mentioned in § 1, item 2 g and h) because of losses caused through the utilisation of the vehicle. 9. the liability as a possessor, owner or keeper of animals as well as the liability during participation in hunting. 10. the liability from performing a profession, service, office (even an honorary position) or an activity in associations of all kinds. 11. the liability of the insured person from rent, lease or transferral for use of things to third parties. § 4 - Particular obligations and procedures after occurrence of an insured event (supplement of the general obligations mentioned in § 9 of the General Part ) 1. An insured event in the sense of this contract is the damaging event that could result in liability claims against the insured person. 2. If a preliminary investigation is initiated or an order imposing punishment or a summary court notice to pay a debt is issued, the insured person will have to indicate this immediately to HanseMerkur, even if the insured event itself had already been notified. If a claim is legally asserted against the insured person who applies for legal aid or if a third party notice is served on the insured person by court, the insured person will have to indicate this immediately to HanseMerkur. The same applies in case of an arrest, a temporary injunction or proceedings for the preservation of evidence. 3. Observing the instructions made by HanseMerkur, the insured person is obliged (if possible) to care for preventing and reducing damage and to do anything that serves to clarify the case unless something inequitable is demanded. The insured person has to support HanseMerkur in defending the loss as well as determining and regulating the loss, to give detailed and true reports on the loss, to indicate all circumstances that relate to the insured event, and to present every documents that HanseMerkur consider to be important for assessing the damaging event. 4. If the liability claim is litigated, the insured person has to grant litigation to HanseMerkur, to the authorise the appointed or designated lawyer of HanseMerkur, and to give all clarifications considered necessary by said lawyer or by HanseMerkur. Without waiting for the instructions of HanseMerkur, the insured person has to make an objection in due time against any summary court notices to pay a debt or orders from administrative authorities regarding damages or to take the required remedies. 5. The insured person is not entitled without prior consent by HanseMerkur to recognise or to satisfy a liability claim in whole or in part by way of a compromise. In case of contravention HanseMerkur shall be discharged from liability unless the insured person according to certain circumstances could not deny the satisfaction or recognition without obvious inequity. 6. If owing to changed circumstances the insured person becomes entitled to demand the abolition or reduction of an annuity to be paid, the insured person shall be obliged to have this right exercised by HanseMerkur on behalf of the insured person. The provisions under § 4, items 3 to 5 shall apply accordingly. 7. HanseMerkur shall be entitled to make any declarations on behalf of the insured person that seem to be useful in settling or defending the claim. 8. Legal consequences for a violation of any of these obligations result from § 9 of the General Part of VB-AG 02.
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"A General part valid for all insurances mentioned in part B"Please download to view full document