B3-1 Duties of disclosure on the part of you or your representative up to conclusion, Accident Premium

of the contract B3-1.1 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 circumstances material to the risk known to you about which we have asked in text form (for example email, fax or letter) and which are material to our decision to conclude the contract with the agreed content. This duty of disclosure also applies where we ask questions within the meaning of sentence 1 in text form after your contractual declaration but before acceptance of the contract. German law applies to the contract. The German wording of the conditions alone is binding; this translation is provided for understanding only. Where the contract is concluded by a representative of yours, in applying paragraph 1 and B3-1.2 both the knowledge and fraudulent intent of the representative and your own knowledge and fraudulent intent must be taken into account. You can rely on the duty of disclosure not having been breached intentionally or through gross negligence only if neither you nor your representative is chargeable with intent or gross negligence.

B3-1.2 Legal consequences of a breach of the duty of disclosure B3-1.2.1 Rescission and loss of cover. If you breach your duty of disclosure under B3-1.1 paragraph 1, we may rescind the contract. In the event of rescission there is no cover, including for the past. We have, however, no right of rescission if you prove that you gave the incorrect or incomplete information neither intentionally nor through gross negligence. Our right of rescission for a grossly negligent breach of the duty of disclosure does not exist if you prove that we would have concluded the contract even had we known the undisclosed circumstances, on the same or on different terms. If we rescind after the occurrence of the insured event, we may not refuse cover if you prove that the circumstance disclosed incompletely or incorrectly was causal neither for the occurrence of the insured event nor for establishing or determining the extent of the payment. Even in that case, however, there is no cover if you breached the duty of disclosure fraudulently.