A-1 Subject matter of the insurance, Watercraft Liability Insurance, Basis

A-1.1 General watercraft liability, Basis

A-1.1.1 Insured, within the scope of the following provisions, is your legal liability arising from keeping, owning and using watercraft serving sporting and recreational purposes which 1 are used exclusively for private purposes, 2 are used for occasional hiring out, that is, for no more than 30 days in the insurance year without professional crew, and 3 where an obligation to register exists, are entered in a German maritime or inland waterway register.

A-1.1.2 Where applied for and separately documented in the policy schedule, cover also applies, by way of derogation from A-1.1.1 (2), in the case of hiring out for more than 30 days in the insurance year, provided that  each hire period is no more than 30 consecutive days, and  the handover is based on a tenancy relationship under sections 535 et seq. of the German Civil Code (BGB). The insurer pays on a subsidiary basis, that is, the insurer steps in only if and so far as no other insurer is obliged to pay compensation or can be called upon. Cover exists within the scope of the insured risk named above for the case that a third party brings a claim for damages against you on the basis of statutory liability provisions of a private law nature, because of a loss event occurring while the insurance is in force (the insured event) which resulted in personal injury, property damage or financial loss arising from either. The loss event is the event as a direct consequence of which the harm to the third party arose. There is no cover for claims, even where they are statutory claims, 1 for performance of contracts, subsequent performance, for self-remedy, rescission, reduction of price, or for damages in lieu of performance; 2 for losses caused in order to be able to carry out subsequent performance; 3 for loss of use of the contractual object, or for the failure of the result owed under the contract to materialise; 4 for reimbursement of wasted expenditure in reliance on proper performance of the contract; 5 for compensation of financial loss because of delay in performance; German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only. 6 for other compensation payments taking the place of performance.

A-1.2 Hired and chartered watercraft, Liability Basis

For hired and chartered watercraft taken on hire exclusively for private purposes, the following applies in addition: 1 The user of the hired watercraft must take out their own watercraft liability insurance. Where the user of the hired watercraft has their own watercraft liability insurance, there is no cover under the watercraft liability insurance of the owner of the hired craft. 2 Cover exists within the scope of the conditions of this contract and of the following provisions. In particular, A-1.1 (1) to (3) also applies. 3 Insured is your legal liability as the responsible operator of a hired or chartered watercraft used for private purposes only. 4 The conditions for cover being granted are: the hire or charter contract must be made out in your name; the period of use of the hired or chartered watercraft must not exceed 30 days. From the 31st day of use of a hired or chartered watercraft, cover ceases. l the hire or charter contract must be made out in your name; l the period of use of the hired or chartered watercraft must not exceed 30 days. From the 31st day of use of a hired or chartered watercraft, cover ceases.