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B-3 Obligations, Watercraft Hull Insurance, Basis Plus

Clause B-3, Obligations, from Watercraft Hull Insurance, Basis Plus, AVB WSK Basis Plus (5-2025nam).

German law applies; only the German wording is binding.

This English text is a courtesy so you can read what you buy, not a contract document.

Where the two differ, the German text decides:

read Hull Basis Plus B-3 in German.

B-3.1 Duty of disclosure B-3.1.1 Completeness and accuracy of information about circumstances material to the risk. Up to the point at which you make your contractual declaration you must disclose to us all risk circumstances known to you about which we have asked in text form and which are material to our decision to conclude the contract with the agreed content. You are also under a duty of disclosure so far as we ask questions within the meaning of the first sentence after your contractual declaration but before acceptance of the contract. Circumstances are material to the risk where they are capable of influencing our decision to conclude the contract at all, or to conclude it with the agreed content. Where the contract is concluded by your representative and that representative knows of the circumstance German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only. material to the risk, you must be treated as though you had known of it yourself or had fraudulently concealed it.

B-3.1.2: same wording in Hull Basis, clause B-3

B-3.1.3 Change of premium or right of cancellation. If our right of rescission is excluded because the breach of a duty of disclosure was based neither on intent nor on gross negligence, we may cancel the contract giving one month's notice. The right of cancellation is excluded if you prove that we would have concluded the contract even had we known the undisclosed circumstances, albeit on different terms. If we can neither rescind nor cancel because we would have concluded the contract even had we known the undisclosed circumstances, but on different terms, those other terms become part of the contract retrospectively at our request. If you are not responsible for the breach of duty, the other terms become part of the contract from the current insurance period. If the contractual adjustment increases the premium by more than 10 per cent, or if we exclude cover for the undisclosed circumstance, you may cancel the contract without notice within one month of receiving our notification. We must assert the rights available to us under B-3.1.2 and B-3.1.3 in writing within one month. The period begins at the point at which we learn of the breach of the duty of disclosure on which the right asserted is based. We must state the circumstances on which we base our declaration; we may state further circumstances subsequently in support of our declaration if the one month period has not expired for them. We have the rights under B-3.1.2 and B-3.1.3 only if we drew your attention to the consequences of a breach of the duty of disclosure by separate notification in text form. We cannot rely on the rights named in B-3.1.2 and B-3.1.3 if we knew of the undisclosed risk circumstance or of the incorrectness of the disclosure.

B-3.1.3 to B-3.2.2: same wording in Hull Basis, clause B-3

B-3.2.3 You are obliged to answer all questions put to you in connection with the insured event correctly and completely, to the best of your knowledge and belief. German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only.

B-3.2.4 to B-3.3: same wording in Hull Basis, clause B-3

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