- HanseMerkur provides insurance cover to the insured person during trips abroad in the event that, based on statutory liability provisions under private law, the insured person is held responsible by a third party for the consequences of a loss event (insured event) that occurs during the term of insurance, resulting in personal injury, property damage or financial losses. A loss event is thereby an event that has directly caused damage to the third party. The specific time of the occurrence of the damage or whether the third party is aware that the damage has occurred is irrelevant.
- Non-Insured Risks
Unless otherwise agreed, there is no insurance cover:
- for claims – even in cases for which there is a statutory entitlement –
- related to the fulfilment of contracts, supplementary performance, self-remedy, withdrawal from contracts, price reductions, compensation offered in lieu of performance;
- due to damage caused to enable supplementary performance;
- due to the fact that the object of the contract cannot be used or due to the lack of success owed as a result of the contractual services;
- for the reimbursement of wasted costs incurred in reliance upon proper contractfulfilment;
- for the reimbursement of financial losses caused by delay in the performance;
- due to substitute performances provided in place of fulfilment;
- due to substitute performances that are also of punitive nature (punitive damages);
- for liability claims that go beyond the scope of statutory requirements;
- for liability claims that result from any of the following sports events or from participation in the preparation (training) of such events
- Races (with horses, bicycles and cars);
- Martial arts (e.g. judo, karate);
- for liability claims due to damage to third party items that the insured person has rented, leased, borrowed or obtained by illegal interference. Insofar as expressly agreed, liability claims against an insured person who, while travelling temporarily, uses rented accommodation in buildings for personal purposes (e.g. hotels, rooms in guest houses, holiday apartments, bungalows), as well as the dwelling/house of the host family, are also insured. Liability claims are excluded if they arise out of the following:
- Damage to movable objects, such as pictures, furniture, television sets, dishes, etc.,
- Damage due to wear-and-tear, deterioration, overuse,
- Damage to heating systems, machine installations, boiler systems, water heating equipment as well as electrical and gas appliances,
- recourse claims falling within the scope of the general damage events to which the recourse waiver agreement with fire insurers applies.
- für Haftpflichtansprüche wegen Schäden, die an fremden Sachen durch eine gewerbliche oder berufliche Tätigkeit der versicherten Person an oder mit diesen Sachen (z. B. Bearbeitung, Reparatur, Beförderung, Prüfung und dgl.) entstanden sind; bei Schäden an fremden unbeweglichen Sachen gilt dieser Ausschluss nur insoweit, als diese Sachen oder Teile von ihnen unmittelbar Gegenstand der Tätigkeit gewesen sind.
Sind die Voraussetzungen der obigen Ausschlüsse in der Person von Angestellten, Arbeitern, Bediensteten, Bevollmächtigten oder Beauftragten des Versicherungsnehmers oder der versicherten Person gegeben, so entfällt gleichfalls der Versicherungsschutz und zwar sowohl für den Versicherungsnehmer wie für die durch den Versicherungsvertrag mitversicherten Personen;
- for liability claims arising out of damage caused to third party property due to the insured person’s commercial or professional activity in respect of such property (e.g. processing, repair, transportation, testing, etc.); in the case of damage caused to a third party’s immovable property, this exclusion shall only apply to the extent that such property or parts thereof were the direct object of the activity. In the event the exclusions mentioned above regarding the individual person being an employee, worker, servant, representative or agent of the policyholder or of the insured person, there likewise will be no insurance cover, neither for the policyholder nor for the persons insured under the insurance contract;
- for liability claims arising out of damage due to work or objects that the insured person manufactured or delivered (or had manufactured or delivered by a third party on their behalf or on their account), if the damage is caused by the manufacturing or delivery of those items;
- for liability claims due to damage directly or indirectly connected to high-energy ionising radiation (f. ex. alpha, beta and gamma rays from radioactive substances, as well as neutrons or radiation from particle accelerators), as well as laser or maser beams;
- for liability claims
- from family members of the insured person who live in the same household. The term family members is defined as spouses, parents and children, adopted parents and children, parents-in-law, brothers-in-law, sisters-in-law, stepparents, stepchildren, grandparents and grandchildren, siblings as well as foster parents, foster children (persons who have a family-like, long-term relationship similar to that of parents and children),
- between several insured persons within the same insurance policy,
- from the legal representatives of persons who are legally incompetent or who have limited legal competency,
- from partners of unincorporated companies who have unlimited personal liability,
- from legal representatives of legal entities of private or public law as well as unincorporated associations,
- from liquidators.
The exclusions in b. – f. extend to liability claims from family members of those persons named, if they live together in the same household;
- for liability claims which can be attributed to the fact that the policyholder or the insured person has not removed particularly dangerous circumstances within a reasonable time period, where the removal of such circumstances could have been and has been reasonably requested by the insurer. A circumstance that has led to damage is automatically classified as particularly dangerous;
- for liability claims arising out of personal injury resulting from the transmission of a disease from the insured person, as well as property damage that occurs because of a disease that comes from an animal that belongs to, is held by, or is sold by the insured person;
- for liability of the owner, holder, keeper or driver of a motor vehicle, aircraft or watercraft (except watercraft listed in §11, paragraph 2, section 4a. and b. due to damage caused by the use of such vehicle. Motorised vehicles also include vehicles with motorised starting assistance or assisted pedalling (f. ex. pedelecs) as well as self-propelled machines such as fork lift trucks etc. Self-propelled wheelchairs do not qualify as vehicles;
- for the liability as owner, keeper or guardian of animals;
- for liability while hunting;
- for liability related to performing duties in, being an officer of (including volunteer duties) or working for any kind of association;
- for liability of the insured person resulting from letting, lending or transferring an object to third parties;
- for liability arising out of professional activities. If the insured person works as an au pair under a written contract, the travel liability insurance does include professional liability for him or her. Liability cover only applies to activities that the insured person is permitted to exercise based on his or her level of education or training. This insurance cover only comes into effect if a claim is brought directly against the insured person and if the insured person has no alternative insurance cover or has insufficient insurance cover, f.ex. within the scope of the personal liability insurance of the host family. Liability is, however, excluded for damage to movable goods within the household of a host family, such as pictures, furniture, household goods, technical appliances, dishes, etc.