Dogin1.de Webservices UG

Note: For the sole purpose of better readability, we use only the masculine form in our terms and conditions and other documents. In all cases, the female and male form applies in each case.

1. General notice

1. The information on the website is non-binding. In particular, the actual offers of the insurance companies as well as their data and tariff information may differ therefrom. These are provided by the insurance companies without any claim to completeness.
2. The information on the above-mentioned website does not represent any consulting services, the offer is explicitly only an insurance brokerage (insurance mediation) and/or services in connection with the registration of the dog. The client expressly declares a waiver of consultation within the meaning of § 6 para. 3 VVG during the booking process. In this context, the client has been made aware that a waiver of consultation has a detrimental effect on his or her ability to assert claims for damages against the insurance intermediary (§ 63 VVG).

1. By using the insurance brokerage (mediation) service of Dogin1.de Webservices UG on the website meinenhundanmelden.de or registermydog.de and transmitting your data, an insurance brokerage relationship (Versicherungsvermittlungsverhältnis) is established between the user and Dogin1.de Webservices UG. This brokerage relationship (Versicherungsvermittlungsverhältnis) serves as the basis of the brokerage contract (Maklervertrages), the subject of which, however, is only the insurance product of the insurance service claimed. By concluding this brokerage contract (Maklervertrages), the user agrees that Dogin1.de Webservices UG may make or receive declarations of intent regarding insurance contracts. This is especially for the protection of the customer in case of a critical financial situation of the insurer or to avoid coverage gaps from adjustments of contracts or cancellations by the insurer.
2. The insurance brokerage (insurance mediation) contract, including these General Terms and Conditions (GTC), refers only to the insurance contracts under private law expressly named in the brokerage (mediation) contract, for which a brokerage (mediation) activity was desired or an administrative transfer to the broker (mediator) took place. The broker (mediator) currently offers exclusively the mediation of dog liability, dog health and dog surgery insurances. Insurances for “dangerous dog breeds” as defined by the respective state laws, such as American Staffordshire, Terrier, Bull Terrier, Bull Mastiff, Dogue de Bordeaux, Dogo Argentino, Fila Brasileiro, Mastiff, Mastín Español, Mastino Napoletano, Pit Bull, Staffordshire Bull Terrier, Tosa Inu as well as their crossbreeds with each other or their crossbreeds with other dog breeds can currently not be brokered (mediated). 
3. It may be agreed separately that the commission shall extend to insurance relationships already existing at the time of conclusion of this contract. These contractual relationships will then be managed by the broker (mediator) in the future, provided that the insurer transfers them to the broker’s (mediator) portfolio subject to brokerage (mediation) fees. The broker (mediator) shall mark contracts not transferred to the administration in the contract overview (contract summary) with the status “external” or “policy external”.
4. There shall be no other or further obligation to act or provide advice, except for the brokerage (mediation) and/or administration of the client’s desired insurance coverage. In particular, the brokerage (mediation) activity does not include advice or support for statutory social insurances. 
5. If the client concludes an insurance contract through another broker (mediator) after conclusion of the present contract, the present brokerage (mediation) contract shall not extend to this insurance contract concluded through the other broker (mediator). The broker (mediator) shall have no duty to advise in this respect; unless the client discloses the relevant contract to the broker (mediator) and the insurer agrees to a transfer of the insurance contract to the broker’s (mediator’s) portfolio. 
6. If, after the conclusion of the present brokerage (mediation) contract, the client requests the brokerage (mediation) of an insurance contract in addition to the contracts stipulated in the brokerage (mediation) contract and if the broker (mediator) thereupon takes up a consultation vis-à-vis the client, the concluded brokerage (mediation) contract shall also extend to this consultation and the newly brokered (mediated) insurance contract.

1. In addition, the broker (mediator) offers the service of registering the dog with the offices responsible in the opinion of the broker (mediator), such as the public order office, the tax office and the dog register of the state.
2. Not included in this service is the registration of “dangerous dog breeds” according to item 1. (1).
3. Also only owed is the registration with dog registers obligatory for the dog owner (currently Berlin and Lower Saxony), the registration with voluntary registers is not offered. This applies accordingly to the registration with the public order office, where only the obligatory registration of “large dogs” defined in the respective state laws is owed.
4. The client alone remains obligated to pay any registration fees incurred at the offices as well as the dog tax.
5. A success of the registration is not owed in this respect. In particular, the issuance of a provisional confirmation of coverage by the insurer after the application has been submitted cannot be guaranteed, on which, however, the execution of the service of the registration is dependent.

1. The client is obligated to cooperate, in particular to provide truthful information without delay and in full, insofar as this is necessary for the proper completion of the assignment. This also applies to changes in his risk or legal situation or the underlying facts after conclusion of the contract which could be relevant for the respective insurance coverage or the registration of the dog. If the client fails to provide the information without delay, there may be no or no complete claim arising from the insurance contract or the registrations within the scope of the service. In particular, the Client shall provide the broker (mediator), without being requested to do so, with all documents necessary for the execution of the order in full.
2. The processing of the brokerage (mediation) request can only be based on the facts described by the client. The facts presented shall be assumed to be complete, truthful and conclusive as a basis for consultation. 
3. The broker (mediator) is not obligated and not in a position to continuously inform himself about possible changes of the client’s circumstances after the brokerage (mediation) of the requested insurance coverage. The same applies to the information about all processes and circumstances that may be of importance for the execution of the order, even if the client himself only obtains his own knowledge later.
4. The client shall fulfill the obligations arising directly from the insurance contracts, in particular the obligation to truthfully present the risk, to pay the premium, the notification obligations, the compliance with contractual obligations, the implementation of protection recommendations and the compliance with the deadlines existing vis-à-vis the insurer, etc. The client shall be obliged to inform the insurer of all events and circumstances that may be of importance for the execution of the order, even if the client does not become aware of them until later.
5. The client is obligated to provide the broker (mediator) with the contract-related correspondence of the insurer for a desired representation of interests or to conduct the correspondence with the insurer exclusively via the broker (mediator).
6. Irrespective of the continuation of the present brokerage (mediation) contract, the client is entitled at any time to commission another broker (mediator) with the brokerage (mediation) and administration of his insurance contracts. The client is obliged to inform the broker (mediator) about the new assignment beforehand, so that the broker (mediator) can participate in the orderly takeover of the administration by the newly assigned intermediary. Then it is to be assumed that the newly commissioned intermediary will receive the remuneration from the insurer as of the authorized takeover date of the insurance contracts and will in turn provide the comprehensive management activity to the client. Therefore, there is no reason for further administrative activity of the broker (mediator) for the client. Both parties are free to terminate the cooperation in whole or in part. The broker (mediator) newly appointed by the client is independently liable to the client for his advice. There is no joint and several liability.

A contract between the broker (mediator) and the client via the website is concluded when the client clicks on “Pay now” after filling out the form provided or on “Conclude now” if insurance coverage is added, thereby submitting a binding offer to conclude a service and brokerage (mediation) contract for the brokerage (mediation) of insurance coverage. The offer can be accepted by the broker (mediator) either by directly registering the dog and arranging insurance coverage or by a declaration of receipt issued to the client.

 

6. Remuneration

1. Within the scope of insurance brokerage (mediation), remuneration shall be paid solely in the form of commissions from the insurance companies. A separate remuneration is not demanded from the client.
2. The service of registering the dog is generally compensated with the payment of the commission if the insurance coverage offered by the broker (mediator) is booked. If no insurance cover is booked, the fee incurred for this depends on the type of dog and the scope of the registration and is stated in the booking process in EUR incl. VAT.
3. The fee according to item (2) is also due if insurance coverage is booked but cannot be concluded due to circumstances within the client’s sphere of influence.

1. The broker (mediator) shall make a preselection of suitable insurers and insurance products which could correspond to the client’s wishes and needs as communicated. The broker (mediator) shall only consider those insurers who are licensed by the Federal Financial Supervisory Authority (BaFin) and maintain a branch office in the Federal Republic of Germany and offer contract terms in German language and according to German law. The broker (mediator) does not undertake any examination of the solvency of the insurers, as far as they are subject to the supervision of the Federal Financial Supervisory Authority. The broker (mediator) considers only those insurers who are willing to cooperate with him and pay him a customary brokerage (mediation) fee for his activities. Insurers who do not cooperate with brokers (mediators) or other coverage concepts not freely available on the insurance market cannot be considered by the broker (mediator).
2. The broker (mediator) shall be given sufficient time to prepare the mediation (brokerage) of an insurance contract relationship and to obtain various offers from the insurers. If the client requires immediate coverage of a risk, this request may be made to the broker (mediator) in text form. The acceptance of the assignment requires the express declaration of the broker (mediator) in text form. The agreement of immediate action by the broker (mediator) to procure provisional insurance coverage for the client requires a separate and express conclusion of the contract between the parties.
3. The broker (mediator) cannot guarantee that an insurer will promptly declare provisional coverage or even the assumption of a risk. The client’s attention is drawn to the fact that he will have provisional or desired insurance coverage only after express confirmation by the insurer and only to the extent described, provided that the client fulfills his obligations under the insurance contract.
4. The client may at any time request the broker (mediator) to review and update the brokered (mediated) insurance contracts to a changed risk, market and/or legal situation. Only after the broker (mediator) has been notified accordingly does this duty to act arise for him. The broker (mediator) shall then undertake a review of the insurance cover on the basis of the changed legal, risk and market situation and, if necessary, arrange for the insurance cover to be amended and/or extended in accordance with the client’s instructions.
5. Within the scope of the performance of the broker’s (mediators) duties, the broker (mediator) shall provide information on the brokered (mediated) contractual relationship at any time upon the client’s request.
6. The broker (mediator) undertakes to inform the insurers only in accordance with the client’s instructions. Declarations which he forwards to the insurers on behalf of his client shall be attributed to the client. Any information beyond this shall not be passed on to the insurer(s) or other third parties, insofar as this is legally permissible.

1. The liability of the broker (mediator) for a breach of his duties – with the exception of the statutory duty to provide advice and documentation pursuant to §§ 60, 61, 63 VVG – , in particular his administrative and support duties, is limited pursuant to § 9 VersVermV to the minimum sum insured per claim valid at the time of the breach of duty. A pecuniary loss liability insurance exists up to this liability sum.
2. Furthermore, the broker’s (mediator’s) liability for a breach of his statutory duties to provide advice and documentation pursuant to §§ 60, 61, 63 VVG is also limited in amount pursuant to § 9 VersVermV to the minimum sum insured per claim valid at the time of the breach of duty.
3. The broker (mediator) shall not be liable for financial losses incurred by the client as a result of a slightly negligent breach of ancillary duties.
4. Liability claims in connection with the service of registering the dog are excluded. 
5. Claims for damages of the Client arising from this contract shall become statute-barred after 2 years at the latest. The limitation period begins at the end of the year in which the claim arose and the client became aware of the circumstances giving rise to the claim and the person liable for compensation or should have become aware without gross negligence.
6. The limitations regulated in items (2) to (5) shall not apply insofar as the liability of the broker (mediator) or the resulting claims for damages of the client are based on an intentional or grossly negligent breach of duty by the broker (mediator) or on injury to life, body or health.
7. Liability for financial losses shall be excluded for incorrect advice or unsuitable advisory results due to failure to provide the client with complete, immediate or truthful information, unless the client proves to the broker (mediation) that he acted with intent or gross negligence.
8. The broker (mediator) shall not be liable for the correctness of EDP calculations, for product information or insurance terms and conditions of the insurer or other third parties acting for the client.

All rights or claims of the client against the broker (mediator) arising from this contractual relationship are not transferable, assignable or encumberable.

The client agrees already now to a possible takeover of the contract by another or further brokers (mediators), for example by sale or extension of the brokerage (mediation) house. In the event of the contract being taken over, the client shall be entitled to terminate the contract without notice. The notice of termination must be given within one month. The period shall commence from the time at which the client has become aware of the assumption of the contract and the person assuming the contract and has been informed in text form by the broker (mediator) or the person assuming the contract of his right to terminate the contract in accordance with this section.

11. Data protection

1. The Client is aware of and consents to the fact that the personal data required for the processing of the order will be stored by the Broker (Mediator) on data carriers. The client expressly agrees to the collection, processing and use of his personal data. The personal data stored will of course be treated confidentially by the broker (mediator). The collection, processing and use of the client’s personal data is carried out in compliance with the German Data Protection Regulation (DSGVO), the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). The client can find further information in the broker’s (mediator’s) data protection declaration.
2. The client has the right to revoke his consent at any time with effect for the future. In this case, the broker (mediator) is obligated to immediately delete the client’s personal data, insofar as no legal retention obligations exist.

Right of withdrawal

You may revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without giving reasons. The period begins after using the services of this website and taking note of this instruction, but not before the conclusion of the brokerage (mediation) contract. To comply with the revocation period, it is sufficient to send the revocation in time. To exercise your right of withdrawal, you must send us 

Dogin1.de Webservices UG (limited liability)

Falcon way 5

73265 Dettingen under Teck

Tel.: 015732393356

e-mail: info@meinenhundanmelden.de  

By means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample formulation of a revocation for this, but this is not mandatory. 

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. 

Consequences of revocation

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. This may mean that you must nevertheless fulfill the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with its receipt. 

Special notes

Your right of revocation expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of revocation.

End of the cancellation policy

13. Final provisions

1. Should an existing or future provision included in the contract, for whatever legal reason, be or become legally invalid, the parties agree already now that the validity of the remaining parts of the contract shall remain unaffected. This shall also apply in the event of a change in the law, a change in case law or an identifiable loophole in the contract. In this case, the parties agree that a provision shall apply which – as far as legally possible – comes closest to what the parties intended or would have intended according to the sense and purpose of the contract.
2. The place of performance and jurisdiction for all rights and obligations arising from this contract shall be the broker’s (mediator’s) registered office, insofar as both parties to the contract are merchants or a legal entity under public law or the client moves his place of residence or habitual abode outside the Federal Republic of Germany. German law shall apply.
3. Conflicting general terms and conditions of the Client, which contain deviating or conflicting provisions, shall be irrelevant. The contractual provisions agreed here shall apply exclusively.

Consumers have the possibility to use an alternative dispute resolution. The European Commission provides a platform for online dispute resolution (OS), which the client can find at https://ec.europa.eu/consumers/odr/. Information about online dispute resolution can be found there and it serves as a contact point for out-of-court dispute resolution of disputes resulting from online sales contracts or online service contracts. In addition, the broker (mediator) is obliged to participate in the dispute resolution procedure before the following consumer arbitration board in accordance with Section 17 (4) of the Insurance Mediation Ordinance: Arbitration Board for Commercial Insurance, Investment and Credit Brokerage, Barmbeker Straße 2, 2 OG, 22303 Hamburg, Germany; Phone: +49 (0)40 69 650 890, Fax: +49 (0)40 69 650 891, kontakt@schlichtung-finanzberatung.de.RemuneratioData protect