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B-2.2 Legal consequences of late payment of the first or single premium, Watercraft Liability Insurance, Basis
From Watercraft Liability Insurance, Basis, AVB WSH Basis (1-2025nam). German law applies to the contract and the German wording alone is binding. This English text is a courtesy so that you can read what you are buying. It is not a contract document. Where the English and the German text differ, the German text decides: read this clause in German.
1 If the first or single premium is not paid on time, the insurer may rescind the contract for as long as payment has not been made. Rescission is excluded if you are not responsible for the non payment. After rescission the insurer charges you an appropriate handling fee of 20 €. The insurer determined the amount of the handling fee on the basis of flat rate assumptions. The burden of proving that the handling fee is appropriate lies with the insurer. If, in a dispute, the insurer has proved general appropriateness, it is then for you to prove that the flat rate assumptions applied by the insurer do not apply, or apply only in part, in your specific individual case, and that the handling fee must therefore be lower in that case. If that proof is provided, no handling fee, or only a correspondingly reduced one, is charged. 2 If the first or single premium is not paid on time and an insured event occurs before the first or single premium is paid, the insurer is not obliged to pay. That release from the obligation to pay applies only if you are responsible for the late payment. In that case cover begins only for insured events occurring after payment. The insurer is released from the obligation to pay only if it drew your attention to this legal consequence by a separate notification in text form or by a conspicuous notice in the policy schedule.
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