GENERAL TERMS AND CONDITIONS OF BROKERAGE


The brokerage contract between you (the "Client") and your broker or brokerage company, better identified in the information document to which these general conditions are attached (the "Broker"), is governed by these general conditions, any special conditions expressly agreed between the parties, as well as by the laws and regulations in force in the Grand Duchy of Luxembourg and the practices generally applicable and followed in the field of insurance brokerage in Luxembourg, without prejudice to any mandatory provisions of the Client's country of residence/establishment that may be applicable.

I. Important information for all new contracts

All your questions should be answered by your Broker and the insurance company you are about to buy insurance from (the "Company") before you sign an application for insurance.

The insurance contract itself

The life insurance contract issued by the Company is a set of documents consisting, among others and depending on the insurance company, of a prior information document, an insurance application, general conditions and special insurance conditions.
Be sure to read the explanations of how the policy works when you are bidding for the different insurance companies. You will find these explanations in the general terms and conditions of the proposed contract and ask your broker for explanations if necessary.

The type of life insurance policy may depend on your country of residence/establishment. The contract may provide for different additional or optional benefits. We invite you to have these explained to you before signing an insurance proposal.

Purpose of the brokerage contract

By entering into this relationship and this brokerage contract, you authorise the Broker, in the first instance, to obtain personalised offers for you from various insurance companies, and then to represent you with the insurance company of your choice in the context of the services which are the subject of this contract.

Depending on your instructions, the Brokerage may obtain copies (or originals) of any communication or information from the Company, relating to your policy, to give to you or to enable us to accompany and assist you.

II. General conditions

1. Insurance distribution services

The Broker provides insurance advice, carries out preparatory work for the subscription or conclusion of insurance contracts, or assists in their management and execution. He undertakes to act honestly, impartially and professionally at all times in the best interests of the Client. He shall comply with the rules of conduct relating to the distribution of insurance as set out in the Luxembourg law of 7 December 2015 on the insurance sector, the regulations adopted in implementation of this law and the regulations adopted by the authorities of the European Union in implementation of the directives on the distribution of insurance, without prejudice to any mandatory rules of foreign law which may be imposed on the Broker when he carries out his activity outside the Grand Duchy of Luxembourg.

The Broker may provide insurance distribution services, such as

  • obtain personalised offers from insurance companies for the Customer,
  • send requests for information to insurance companies,
  • take out insurance policies on behalf of the Client,
  • Generally speaking, to represent the Client with insurance companies.


2. Entering a relationship

The Broker is free to accept or refuse any business relationship. No business relationship shall be opened on behalf of a Client until the Client has completed, to the satisfaction of the Broker, all documents, vouchers and information that it deems useful.
    2.1. At the beginning of the relationship, the Client shall provide the Broker with the exact data concerning his identification (name, domicile, nationality, civil status, profession, tax residence, etc.) as well as any constraint that may be linked to a political function, a professional activity or any other nature. The Client shall provide the supporting documents requested by the Broker (in particular a copy of the identity card) to enable it to fulfil its legal obligations. The Broker must be notified immediately in writing of any changes to the data.

    2.2. Legal entities must also produce a true copy of their updated articles of association, an up-to-date extract from the trade and companies register (or any other similar document), the identification of the economic beneficiaries, the list of persons authorised to commit them and represent them in relation to third parties, any documentary evidence justifying the authorisation to take out this insurance policy on behalf of the company and, where applicable, a true copy of the domiciliation contract concluded with a duly authorised domiciliation agent. They must also produce a copy of the valid identity document of the representative/manager and the economic beneficiary(ies) of the legal entity.

    2.3. The specimen signatures of the bodies, proxies and agents, who may bind the Broker and represent him, may be consulted by the Client on request. Only the documents bearing these signatures are binding on the Broker.



3. Information provided by the Client - Advice and offers - Client's choice

    3.1. The Broker will request information from the Client regarding his requirements and needs in relation to the insurance product he is seeking, as well as, where applicable, information regarding the health of the insured(s), the Client's knowledge and experience in insurance matters. 3.2. The Broker draws the Client's attention to the potentially damaging nature for the Client of data (referred to in Article 2.1) or information (referred to in Article 3.1) that is incorrect or not up to date. Any change in such data or information must be reported to the Broker immediately in writing.

    3.3. The Broker is entitled to rely on the information provided by the Client. The Broker assumes no responsibility for checking the accuracy or completeness of such data and information. The Client shall be solely liable, to the exclusion of the Broker, for any damage caused by the provision of false, inaccurate, out-of-date or incomplete data or information, unless the Broker knew or ought to have known that such data or information was manifestly false, inaccurate or incomplete.

    3.4. Based on the data and information obtained, the broker approaches one or more insurance companies to obtain personalised offers.

    3.5. For Clients whose country of residence / establishment is Luxembourg: The Broker always provides the Client with advice based on an impartial and personalised analysis, unless the Client expressly waives this.

    3.6. The Broker shall provide the Client with the personalised offers obtained (in accordance with the applicable deadlines specific to each insurance company), the standardised information documents on the insurance products concerned, as well as its advice (if applicable), as soon as possible after receipt of the companies' offers.

    3.7. The final assessment of the advice and offers, and the choice of the insurance product and the insurance company, is the Client's. If the Client decides not to follow the advice given by the Broker, he shall explicitly renounce this advice.

    3.8. The Broker shall assist the Client in completing the insurance proposal for the insurance product chosen by the Client and shall communicate it to the insurance company without delay.


4. Communication between the Client and the Broker

    4.1. From the moment the Client has communicated his e-mail address, the Broker will mainly communicate with him by this electronic means, unless the Client has expressly opted to send paper documents.

    4.2. Any communication from the Broker to the Client shall be sent to the last known address (postal or electronic). Proof of sending is validly established by the production of a copy of the correspondence or e-mail duly dated. A postal letter is presumed to have reached the addressee within 3 working days of being sent. A fax or e-mail is deemed to have reached the addressee on the date and time it was sent. If a client has not received an expected communication within the normal timeframe, he/she should inform the Broker as soon as possible.

    4.3. Where correspondence is returned to the Broker or gives an undeliverable message, the Broker will attempt to contact the Client by another means (e.g. phone). If this attempt is also unsuccessful, the Broker will retain any communication intended for the Client at the Client's risk until the Client resumes contact with the Broker or provides a new address.
    4.4. Any communication by the Client with the Broker must be in writing. The burden of proof of the existence, content and communication lies with the Client.

    4.5. Where there is more than one Client, the Broker will only accept joint and concurring instructions (unless expressly agreed otherwise in writing).

    4.6. The Broker does not, in principle, execute orders given other than by written instruction. However, the Client may request to be able to transmit instructions to the Broker other than by signed letter, by electronic means of communication such as telephone or e-mail.

    4.7. Given that these methods of communication are only used by the Broker at the special request of the Client, it is expressly agreed that the Broker's records alone prove that the instructions were given as executed.

    4.8. The Broker draws the attention of the Client to the fact that the delivery, authenticity and confidentiality of the content of messages exchanged by electronic means are never fully guaranteed. The Broker and the Client undertake to use their best efforts to avoid any misuse, fraud or intrusion. Subject to compliance with this obligation, the Broker shall not be liable for any harmful consequences that may result from errors, delays or failures to receive, duplication of work, or the like, linked to the use of electronic communication media.


5. Professional secrecy

    5.1. The Broker is bound by professional secrecy as organised and applied by virtue of article 300 of the Luxembourg law of 7 December 2015 on the insurance sector. Thus, the Broker is obliged to keep secret the information entrusted to him by the Client in the framework of his professional activity.

    5.2. However, the obligation of secrecy does not exist with regard to insurance companies, banking institutions, professionals in the insurance sector (PSA) or professionals in the financial sector (PSF), if the information is communicated by the Broker within the framework of a service contract.

    5.3. In addition, the Client expressly agrees to the lifting of the Broker's professional secrecy to allow the communication of information to third parties, possibly located in countries other than the Grand Duchy of Luxembourg, when such communication is necessary or useful to provide advice, carry out preparatory work for the subscription or conclusion of insurance contracts, or assist in their management and execution. In the case of personal data concerning a natural person, this communication will be carried out in accordance with the Data Protection Policy.

    5.4. The obligation of professional secrecy on the part of the Insurance Company does not exist with regard to the Broker in respect of information relating to contracts for which the Broker has acted as intermediary.

    5.5. However, the Client may at any time object to the communication to the Broker of information concerning his contract(s). The Broker hereby draws the Client's attention to the fact that in such a case the Broker will no longer be in a position to fulfil his role adequately, will no longer be able to advise the Client, nor act in the Client's best interests. Any such opposition is therefore made at the Client's own risk.


6. Modification of these general conditions of brokerage

    6.1. The Broker may modify these General Terms and Conditions of Brokerage at any time, as well as other clauses of the brokerage contract, in order to take into account, in particular, legislative or regulatory changes, market practices, the market situation or the Broker's policy. The Client shall be informed of such a revision in accordance with the communication procedures set out in Article 4.

    6.2. Changes will be considered approved if the Client does not object in writing within thirty days from the date the information was communicated or made available, or earlier if the Client requests a distribution service from the Broker, in which case this will constitute formal approval of the new conditions.

    6.3. Amendments which are binding on the parties as a result of a legislative or regulatory change shall apply without prior notice as from the entry into force of such rules.

    6.4. The illegality or unenforceability, in whole or in part, of one or more of the clauses of the insurance brokerage contract shall not affect the enforceability of the other agreed conditions.


7. Liability and compensation

    7.1. Within the framework of its business relationship with the Client, the Broker is only liable for any action or inaction on its part for gross negligence or intentional misconduct, except in the case of personal injury.

    7.2. Unless otherwise expressly stated in the brokerage contract, the obligations of the Broker are obligations of means. In particular, with respect to any advice given by the Broker, the Broker shall act reasonably on the basis of the data and information provided by the Client and the knowledge at the time the advice is given. The Broker shall not be liable if the advice proves to be inadequate or erroneous after the fact, due to factors, circumstances or events which were not known to the Broker or could not reasonably have been foreseen by him.

    7.3. If the Client does not follow the advice given by the Broker and takes out an insurance product other than the one (or one of the ones) advised by the Broker, the Client expressly releases the Broker from any prejudicial consequences that may result for the Client from this choice.

    7.4. The Broker has taken out professional liability insurance with CGPA, policy number ___ .

    7.5. The Client undertakes to indemnify the Broker against all damages and losses (including legal and attorney's fees to the fullest extent permitted by applicable law) which the Broker may suffer as a result of the Client's failure to comply with these General Brokerage Terms and Conditions.


8. Duration and termination

    8.1. Unless expressly agreed otherwise, the brokerage contract is concluded for an indefinite period and may be terminated in accordance with the conditions laid down in these General Brokerage Conditions.

    8.2. The brokerage contract may be terminated by either party at any time by sending a registered letter with acknowledgement of receipt to the other party. The termination shall take effect on the working day following receipt of the letter. Even after termination of the brokerage contract, these General Terms and Conditions of Brokerage shall remain applicable for the termination of the current relationship.

    8.3. In the event of termination of the brokerage contract, the Broker shall inform the insurance company or companies with which the Client has taken out an insurance contract or contracts through the Broker. At the latest from the date of termination, the Client shall contact the insurance company(ies) concerned directly, or else choose another insurance distributor.

    8.4. The fact that the Client chooses another insurance distributor for one or more insurance contracts taken out through the intermediary of the Broker shall not imply the termination of the brokerage contract. This choice by the Client will only terminate the obligations of the parties under the brokerage contract insofar as they relate to the contract(s) in question. However, the brokerage contract will automatically end when the Client chooses another distributor for the last insurance contract for which the Broker was still intermediating.

    8.5. The Client acknowledges that the termination of a contract with an insurance company does not automatically result in the termination of the brokerage contract.


9. Applicable law and jurisdiction

    9.1. The brokerage contract is governed by Luxembourg law.

    9.2. In the event of disputes between the parties, they shall endeavour to settle them amicably, if necessary through the intervention of the competent complaints management body or bodies. Failing this, the dispute shall be submitted by the most diligent party to the courts of Luxembourg City. The Broker may also bring its action against the Client, at its option, before the courts of the Client's place of residence/establishment.

    9.3. If the Client is a consumer, he may bring his action against the Broker, at his choice, before the courts of his place of residence or before those of Luxembourg City, whereas the Broker must bring his action against the Client before the courts of the Client's place of residence.