Terms and Conditions

Last updated on 1 May 2024 © Union Swiss Brokers Holding AG, May 2024

1.1.

These Terms and Conditions (hereinafter “T&Cs”) apply to all business relationships between Union Swiss Brokers Holding AG (hereinafter “USB” or the “Insurance Broker” and the policyholder (hereinafter the “Client”). The T&Cs in effect at the time of the conclusion of the contract, as published on the USB website, apply. USB expressly reserves the right to amend the T&Cs at any time.

1.2.

USB is an independent insurance broker covering all branches of insurance. It enters into cooperation agreements with insurance providers under the best possible conditions. USB may act either independently (own mandate) or on behalf of third-party insurance agents (co-broker mandate).

1.3.

USB, its advisors and all co-brokers are each registered as insurance brokers with the Swiss Financial Market Supervisory Authority (FINMA) in accordance with Article 42 of the Swiss Insurance Oversight Act (IOA).

These T&Cs apply to all business activities of USB in the field of review, design, management, administration and brokerage of insurance products and services in the interest of its clients.

3.1.
A separate insurance brokerage agreement (main contract) will be concluded between USB and the Client, authorising USB in particular to obtain quotes and negotiate with insurance providers. These T&Cs form an integral part of the main contract and must be provided to the Client before the conclusion of the main contract. Deviations from these T&Cs are only valid if agreed upon in writing and accepted by both parties. Upon conclusion of the main contract, the T&Cs shall also be deemed accepted.

3.2.
All offers made by USB are non-binding unless USB expressly issues a binding offer. The offer will be considered accepted as soon as the Client signs and returns the offer, declares their acceptance of the offer via electronic means or takes delivery of the corresponding service.

4.1.
USB provides various services in the insurance sector, including consulting, brokerage and the creation of individual analyses and tailored insurance portfolios. The expertise of USB and its co-brokers extends to insurance for natural and legal persons and covers all forms of personal, property, asset and life insurance.

4.2.
On behalf and in the name of the Client, USB shall obtain quotes from insurance providers and conclude contracts for the corresponding insurance services with the consent of the Client. For the determination and assessment of insurance services, only the original policies, the applicable General Insurance Conditions (GIC) of the respective insurance provider and the questionnaires submitted and completed by clients are decisive.

4.3.
Furthermore, USB or, in the case of a co-broker mandate, the co-broker according to the main contract may take over the management of previously concluded insurance policies in the interest of the Client (insurance mandate). This includes the following services: risk analysis and assessment, definition of insurance framework values, legal advice and support in the event of a claim by the Client.

5.1.
USB has cooperation agreements with all major insurance providers licensed in Switzerland but is not legally, economically or otherwise bound to any insurance provider in accordance with the IOA.

5.2.
USB arranges insurance contracts for the following insurance providers (in alphabetical order): ASGA, Allianz Suisse, Asisa, AXA, Baloise, Building Insurance of the Canton of Bern, CAP Legal Protection, Coop Legal Protection, Dextra, Emmental Insurance, Epona, Fortuna, Generali, Helsana, Helvetia, Liechtenstein Life, Medpension vsao, Mobiliar, ÖKK, Orion, Pax, Protekta, Servisa, Solida, Swiss Life, Sympany, Tellco AG, TSM Insurance, Vaudoise, Visana and Zurich. This list is not exhaustive. The complete list can be viewed at www.unionsb.ch/partners.

5.3.
USB or, in the case of a co-broker mandate, the co-broker according to the main contract shall manage the insurance contracts of the Client in agreement with the relevant insurance providers. By doing so, USB or, in the case of a co-broker mandate, the co-broker according to the main contract also provides services that partially relieve the workload of insurance providers.

Where it appears reasonable and necessary for the purposes of fulfilling any obligations arising from the main contract outside Switzerland, USB or, in the case of a co-broker mandate, the co-broker according to the main contract is authorised, following consultation with the Client, to cooperate with a local insurance broker abroad.

7.1.
As a rule, the insurance premium paid by the Client (policyholder) is generally collected directly by the insurance provider.

7.2.
USB agrees on a market-standard commission/brokerage fee for insurance mediation, which is paid by the insurance provider. The brokerage fee is calculated as a percentage of the insurance premium paid by the Client and is included in the premiums offered by the insurance providers. In the field of life insurance, USB or, in the case of a co-broker mandate, the co-broker according to the main contract will receive a commission upon conclusion of the insurance contract.

7.3.
For additional advisory services provided at the request of the Client, USB or, in the case of a co-broker mandate, the co-broker according to the main contract and the Client shall agree in advance on a separate form of compensation.

7.4.
Prices are quoted in Swiss francs (CHF), excluding any applicable VAT. USB assumes no liability for the correct declaration and payment of any taxes by the Client.

Upon conclusion of the contract, the Client will be assigned a personal advisor. The advisor is a consultant employed by USB or, in the case of a co-broker mandate, the co-broker according to the main contract.

9.1.
The information provided by consultants employed by USB and/or, in the case of a co-broker mandate, the co-broker according to the main contract is based on their extensive experience as insurance intermediaries. However, this information is no substitute for any legal, financial or tax advice provided by lawyers, financial advisors, tax experts or the relevant authorities in individual cases.

9.2.
USB or, in the case of a co-broker mandate, the co-broker according to the main contract will be liable in the event of negligence, error or incorrect information in connection with the brokerage activity. In such cases, the Client must submit their complaint in writing to the relevant management body as specified in the main contract.

USB shall ensure that all personal data processed in connection with the initiation, execution and termination of the main contract are handled in accordance with the principles of the Swiss Data Protection Act (DPA). Regarding data protection and data security, reference is also made to the USB Privacy Policy, as amended, and, if applicable, to that of the co-broker in accordance with the main contract.

The mandate is concluded for an indefinite period and may be terminated by either party in writing by registered letter with a notice period of two months to the end of a calendar month. If necessary, USB shall inform the insurance providers concerned after the notice period has expired and terminate the mandate.

12.1.
The main contract is governed by substantive Swiss law.

12.2.
Any disputes arising from these T&Cs and the main contract, including those concerning validity, legal effect, amendment and termination, will be settled by the ordinary courts at the registered office or domicile of the Client in Switzerland.

13.1.
Any amendments or additions to the T&Cs (including this clause) must be made in writing. The written form requirement is also met by electronic signatures.

13.2.
Should this contract be or become invalid, either in whole or in part, the remaining provisions will remain unaffected. The parties undertake to replace the invalid provision with a valid provision that most closely reflects the original economic purpose of the invalid provision. The same applies in the case of any loopholes.

13.3.
A delay in exercising rights by one of the parties or a failure to exercise rights (even partially) by one of the parties does not constitute a waiver of those rights and will not result in their forfeiture.