KOTAX hunting liability insurance

Notification pursuant to § 19 para. 5WG on the consequences of a breach of the statutory duty of disclosure

To enable us to examine your insurance application properly, it is necessary that you answer the enclosed questions truthfully and completely. Circumstances to which you attach only minor importance must also be stated.
Please note that you will jeopardize your insurance cover if you provide incorrect or incomplete information. Further details on the

The consequences of a breach of the duty of disclosure can be found in the following information.

What are the pre-contractual disclosure obligations?
Until you submit your contractual declaration, you are obliged to truthfully and fully disclose all risk-related circumstances known to you which we have asked about in text form. If we ask about risk-related circumstances in text form after your contract declaration but before accepting the contract, you are also obliged to notify us in this respect.

1. withdrawal and discontinuation of insurance cover

What consequences can occur if a pre-contractual duty of disclosure is breached?
If you breach the pre-contractual duty of disclosure, we may withdraw from the contract. This does not apply if you can prove that neither intent nor gross negligence is involved. In the event of a grossly negligent breach of the duty of disclosure, we shall have no right of rescission if we would have concluded the contract even if we had been aware of the undisclosed circumstances, albeit on different terms.
There is no insurance cover in the event of withdrawal. If we declare our withdrawal after the occurrence of an insured event, we shall nevertheless remain obliged to pay benefits if

you can prove that the circumstance not stated or not stated correctly

• neither for the occurrence or determination of the insured event
• nor for the determination or the scope of our obligation to perform

was the cause. However, our obligation to pay benefits does not apply if you have fraudulently breached the duty of disclosure. In the event of withdrawal, we shall be entitled to the portion of the premium corresponding to the contractual period that has expired by the time the declaration of withdrawal takes effect.

2. termination

If we cannot withdraw from the contract because you have merely breached the pre-contractual duty of disclosure through simple negligence or without fault, we can terminate the contract subject to a notice period of one month.
Our right of termination is excluded if we would have concluded the contract even if we had been aware of the undisclosed circumstances, albeit on different terms.

3. contract amendment

If we cannot withdraw from or terminate the contract because we would have concluded the contract even if we had been aware of the undisclosed risk circumstances, albeit under different conditions, the other conditions shall become part of the contract at our request. If you have negligently breached the duty of disclosure, the other conditions will retroactively become part of the contract. If you have culpably breached the duty of disclosure, the other conditions will only become part of the contract from the current insurance period.
If the change to the contract increases the premium by more than 10% or if we exclude the risk cover for the undisclosed circumstance, you can terminate the contract without notice within one month of receiving our notification of the change to the contract. We will inform you of this right in our communication.

4 Exercise of our rights

We can only assert our rights to withdraw from, terminate or amend the contract in writing within one month. The period shall commence at the time at which we become aware of the breach of the duty of disclosure which justifies the right asserted by us. When exercising our rights, we must state the circumstances on which we base our declaration. We may subsequently state further circumstances to justify this if the deadline in sentence 1 has not expired. We may not invoke the rights to withdraw from, terminate or amend the contract if we were aware of the undisclosed risk circumstance or the inaccuracy of the notification. Our rights to withdraw from, terminate and amend the contract shall expire five years after conclusion of the contract. This does not apply to insured events that occurred before the expiry of this period. The period is ten years if you have deliberately or fraudulently breached the duty of disclosure.

5. substitution by another person

If you are represented by another person when concluding the contract, the knowledge and fraudulent intent of your representative as well as your own knowledge and fraudulent intent must be taken into account with regard to the duty of disclosure, withdrawal, termination, retroactive amendment of the contract and the preclusive period for exercising our rights. You can only claim that the duty of disclosure has not been breached intentionally or through gross negligence if neither your representative nor you are guilty of intent or gross negligence.

---

Information on data processing and your rights under the General Data Protection Regulation (GDPR)

In accordance with Art. 13 GDPR, we would like to provide you with information on data processing. The controller responsible for data processing is Gothaer Allgemeine Versicherung AG, Gothaer Allee 1, 50969 Cologne, Germany, e-mail: info@gothaer.de. All further information in accordance with Art. 13 GDPR can be found in the corresponding information sheet, which is attached to this application. In particular, this contains information on how to contact the data protection officer, the purpose and legal basis of data processing, the recipients of personal data, the storage period, your rights as a data subject and any automated decision-making that may be used. The current version of the information sheet can also be found at www.gothaer.de/datenschutz.

Contribution equalization

The possibility of a contribution adjustment pursuant to para. Reference is made to Section 15 of the General Insurance Conditions for Liability Insurance (AHB).

New and replacement insurance

n the case of new insurance policies and supplements that extend the insurance cover, the insurance cover comes into force after immediate payment of the full redemption premium on the agreed commencement date, but not before the date stated in the insurance policy.

Other notes

There are no separate fees or costs for the inclusion of the application.
Return fees from SEPA direct debits and costs of a dunning procedure will be claimed.

Notification in the event of a claim

Report the damage immediately to your personal advisor or report the damage to Gothaer Allgemeine Versicherung AG, 50598 Cologne, telephone 0551 701-54267 or fax 0551 701-964267 and ensure that the damage is minimized as far as possible. Please also notify the police immediately in the event of damage caused by burglary, vandalism, robbery, loss of insured property or willful damage.

Contact person/supervisory authority/arbitration board

Please refer to the insurance policy/addendum to the insurance policy or the relevant correspondence letter for your contact person. The supervisory authorities and the arbitration boards for the out-of-court settlement of disputes can be found in the customer information provided to you before submitting your application.

Contractual bases

The mutual rights and obligations are governed by this application, a copy of which will be given to me upon submission of the application, any written declarations made in this regard, the statutory provisions of the Federal Republic of Germany and the aforementioned insurance conditions and customer information, which I received for inspection before submitting the application. Verbal collateral agreements are invalid.