Terms and Conditions

General terms and conditions of business

Insurance Broker

Preamble: Who we are and what we do

1.1 We, SureIn GmbH, provide a web application (hereinafter "web app") via the domain www.SureIn.de. Via the web app, users (hereinafter "customer" or "you") can, among other things, manage existing insurance policies, optimize contracts and conclude new insurance contracts. We are active as insurance brokers within the meaning of Section 34d (1) of the German Trade, Commerce and Industry Regulation Act (Gewerbeordnung GewO). We are registered in the Commercial Register of the Charlottenburg District Court under the number HRB 231297 B.

1.2 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") apply to the contract concluded between SureIn GmbH (hereinafter also referred to as "we" or "us") and you through the use of the Web App. They also apply to orders and other transactions that customers place or carry out in direct contact with us.

1.3 Deviating, contradictory and supplementary general terms and conditions shall not apply. They shall not apply even if we do not expressly object to their inclusion.

1.4 The contractual language is German.

What do we do for you?

We represent our clients actively and passively vis-à-vis the insurers. We

We always act only with your express consent.

You can manage your existing contracts online on our portal. This can be done both on a desktop and on mobile devices via an app.

2. Subject matter of the contract

You commission us as an insurance broker within the meaning of Section 59 (3) sentence 1 VVG with the brokerage and conclusion of future insurance contracts as well as the administration of existing insurance contracts using a platform provided by us, consisting of the app "SureIn" (app) and the website "www.SureIn.de" (website) in accordance with the following provisions. The content of the insurance brokerage contract is limited to the following insurance lines:

3. Terms of use of the platform

3.1 We provide you with the app and the website. The website and app together form our platform. Via the platform, you can, among other things, manage existing insurance policies, optimize contracts and conclude new insurance contracts as listed in section 1.

3.2 These Terms of Use apply to the contract that comes into existence between us and you through the use of the Platform.

3.3 The use of all functions of the platform requires registration and the creation of a customer account. You will be asked to register with your e-mail address, first name, last name, date of birth and password. Individual functions of the platform are also available to you without registration. After registration, you will receive an e-mail confirming your registration ("registration confirmation"). Upon receipt of the registration confirmation, the contract between you and us regarding the use of the platform comes into effect. The confirmation will be saved by us, but you will not be able to view or retrieve it again on the platform.

3.4 You may not disclose your password to third parties and must keep it secret and change it immediately if you have knowledge of misuse or fear such misuse. You are liable for all damages caused by third party use of the customer account, unless you are not responsible for this third party use. If there is a risk of misuse of the password, you must inform us immediately by e-mail to info@surein.de.

3.5 We ask you to take appropriate precautions to secure the data you use on our platform. This refers to all data that you have entered, uploaded, stored, sent to us or received from us on the platform. You are required to back up this data and content regularly and appropriately. This is in your own interest so that you can restore the data yourself if it is lost.

3.6 Only the following persons with unlimited legal capacity may register: natural persons of full age, partnerships and legal entities. Partnerships and legal entities may only register through a person authorized to represent them, stating their first and last name.

3.7 You are obliged to provide the data requested during registration completely and correctly. If the data provided for the platform changes during registration, you are obliged to update the data in your customer account immediately.

3.8 The customer account is not transferable.

3.9 You have no right to registration or to a user account. We can temporarily block your access to the customer account if there is a justified interest in doing so. In doing so, we will consider your and our interests to the same extent. If we block your customer account, we will inform you of this in text form, e.g. by e-mail.

3.10 You may not misuse the platform. In particular, you are prohibited from impersonating another person, forging usernames, blocking, overwriting or altering content on the platform, using the platform using a system or program that compromises the security, integrity and/or availability of the systems and app used by us or otherwise interfering with the proper and smooth functioning of the platform or giving unauthorized access to the platform.

4. Consulting services

4.1 We will ask you about your wishes and needs, insofar as there is reason to do so based on the difficulty of assessing the insurance offered or on your person and your situation, and advise you taking into account a reasonable ratio between the consulting effort and the premiums to be paid by you, as provided for in § 61 para. 1 VVG.

4.2 If you expressly request this, we will carry out a general risk analysis and check the existing insurance contracts for expediency and gaps in cover. However, without your explicit request, we will not carry out a general risk analysis and, in particular, we will not review existing contracts.

Something else only applies if there is a recognizable reason for the consultation that allows the conclusion that you want a comprehensive risk analysis. However, the mere mandate to manage the existing insurance contracts does not constitute such a recognizable reason.  

You can check insurance contracts to be concluded via the platform for usefulness and completeness on the basis of objective and generally recognized standards. In addition, we point out to you if common insurance contracts such as content insurance or liability insurance have not been posted on the platform. However, we cannot guarantee that existing insurance contracts that you place on the platform for administration correspond to your needs in whole or in part or are cost-effective.

4.3 As a rule, we will not conclude the insurance contract on your behalf; instead, the insurance application from the insurer will be sent to you directly. As a rule, we will therefore not make use of our power of attorney to conclude the contract. An exception to this is if you wish to have provisional cover or if the provision of insurance cover is urgent.

4.4 Within the framework of contract management, we will adjust or cancel the insurance contracts already concluded or propose alternative insurance contracts if necessary. To this end, we will contact you at certain intervals and actively ask whether your risk situation has changed. Incidentally, a change in the existing insurance contracts or a consultation always requires that you give us a reason for the consultation.

4.5 Contract management is carried out digitally. This means that all documents that are not available to us in digital form are digitized by us and made available for inspection on the platform. This applies in particular to contract documents of contracts which we have not brokered and which you place in our administration.

4.6 We can use the platform provided by us to determine the insurance needs. However, the platform is not a substitute for advice. Advice is usually given by telephone or e-mail.

5. Basis for consultation

5.1 If you wish to conclude new insurance contracts or to have existing insurance contracts assessed from an insurance law and technical point of view, we will base our advice on a sufficient number of insurance contracts and insurers offered on the market to enable us to make a recommendation on the basis of professional criteria whether existing and future insurance contracts are suitable to meet your needs.

5.2 Our proposals are based on the following criteria, among others: value for money, claims settlement practice and our experience.

5.3 However, we will not consider direct insurers and those insurance companies that do not want to work with us.

5.4 We only consider contracts from insurers that are supervised by the Federal Financial Supervisory Authority (BaFin) and whose regulations are written in German.

6. Obligations of the principal

6.1 We are dependent on your cooperation when brokering new insurance contracts and managing existing ones. In your own interest, we therefore ask you to approach us and inform us if your risk situation has changed. As long as you have not informed us that your risk situation has changed, we will not and cannot adjust existing insurance contracts to the new risk situation.

6.2 In your own interest, you will provide us with complete and truthful information. In order for us to be able to fulfil our obligations within the framework of the brokerage and administration of the insurance contracts, we ask you to provide us with all correspondence with the insurer, preferably in digital form, which is conducted after the brokerage order has been issued. This applies in particular to all correspondence that was not conducted via us.

7. Communication

We will provide you with information regarding your insurance contracts in electronic form. As a rule, communication between you and us will take place via the platform, by e-mail or by telephone. The only exceptions are declarations that require the statutory written form and whose form requirement cannot be deviated from.

8. Documentation

We will draw up a consultation protocol on consultation services in accordance with § 61 Para. 1 VVG and make it available to you before concluding the insurance contract.

9. Liability

9.1 We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

9.2 Notwithstanding the above provision, we shall be liable for damages arising from injury to life, limb or health that are based on at least a negligent breach of duty.

9.3 In other cases, we shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely on (so-called cardinal obligation), and this shall be limited to an amount of EUR 1.92 million per case of damage.

9.4 We do not assume any liability for the functioning of your internet access or other external services (e.g. mobile phone services) that are necessary for the use of the platform and our services.

9.5 We expressly point out that the use of the platform involves risks. This concerns in particular risks caused by the theft of passwords as well as manipulation, hacking and other forms of unauthorized disclosure of users' data. We will make reasonable efforts to minimize these risks. This does not constitute any obligation to indemnify. In this respect, the use of the platform is at the user's own risk.

9.6 Maintenance work, retrofits or upgrades, errors or "bugs" and other causes or circumstances may lead to interruptions or errors in the operation of the platform. We will remedy technical faults without delay within the scope of technical possibilities.

10. Power of attorney

10.1 The brokerage power of attorney granted entitles us to make all declarations of intent vis-à-vis third parties necessary for the fulfilment of the mandate and to obtain all information from insurance companies necessary for the fulfilment of the mandate. The power of attorney entitles us in particular to conclude new insurance contracts and to terminate and amend existing insurance contracts, and includes the right to assert claims arising from the insurance contract against the insurer on behalf of the principal in the event of an insured event.

10.2 However, we will only use the power of attorney to conclude new insurance contracts or amend existing insurance contracts with your prior consent. We are not authorized to accept claims payments, premium refunds or profit sharing on your behalf. Any such payments will be made directly to you.
The power of attorney is granted electronically on the platform provided by us or by hand-signed document. If you grant power of attorney electronically, we will digitize your signature and enter it in the power of attorney, or we will use other procedures for granting power of attorney electronically. If you grant us power of attorney by means of a hand-signed document, you must send us the signed power of attorney by post. If insurance companies require you to submit a written power of attorney in order to accept us as your agent, we will notify you of this and ask you to sign a power of attorney provided by us and send it directly to the relevant insurance company.

We will store your signature in our system and use it for other documents if you have expressly agreed to this.

10.3 The brokerage power of attorney granted is unlimited in time and can be revoked by you at any time.

11. Compensation

Our brokerage and advisory services are free of charge for you. As a rule, we receive a fee (brokerage fee) from the respective insurance company for our brokerage and advisory services.

12. Term/Cancellation

The insurance brokerage contract is concluded for an indefinite period and may be terminated by either party without notice. However, we will not terminate the insurance brokerage contract untimely.

13. Place of performance and jurisdiction

The place of performance and jurisdiction for all rights and obligations arising from this contract is Berlin, insofar as you are a businesswoman/man or a legal entity under public law, otherwise the statutory provisions apply.

14. Applicable law

The insurance brokerage contract shall be governed exclusively by German law.

15. Datenschutz

Please refer to our data protection information at https://www.surein.de/datenschutz.

16. First information

According to § 15 of the Insurance Mediation Ordinance, we must provide you with certain information. You can find this information under www.surein.de/erstinformation.

17. Final clauses

Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the rest of the General Terms and Conditions.

18. Provider identification

Our contact information is:
SureIn GmbH
Wattstraße 11
13355 Berlin
You will find further information in our imprint under http://www.surein.de/impressum.