TERMS AND CONDITIONS
Brokerage in insurance and reinsurance
General business conditions for insurance mediation
INTRODUCTION
The issuer of these General Terms and Conditions for Insurance Brokerage (hereinafter: General Terms and Conditions) is Qualis
Protectus, brokerage business in insurance and reinsurance, owner Damir Božičević, Ljudevita Posavskog 36B, 10000 Zagreb,
The Republic of Croatia (hereinafter: Intermediary), registered in the trade register in Zagreb with decision Class: CLASS: UP/I-311-
02/22- 001/397, URBROJ: 251-06-11-1/007-22-3, dated February 22, 2022. MBO: 98376179, OIB; 26917743473, Data
verifiable in the trade register (www.or.portor.hr). The competent body for supervising the operations of the Intermediary is the Croatian Agency for
supervision of financial services (hereinafter: HANFA). By decision of December 2, 2021. , HANFA issued a license to the Intermediary
for the performance of insurance and reinsurance distribution and is registered in the register of insurance and reinsurance brokers. It is also
registered in the Register of Trades for Brokerage in Insurance and Reinsurance maintained by HANFAe. Data from the registry
HANFA can be verified on the website www.hanfa.hr.
GLOSSARY
Certain terms used in the General Terms and Conditions have the following meaning:
Client/Party: a legal or natural person who occasionally or permanently uses the business services of the Intermediary – brokerage firm
business in insurance and reinsurance, which at the behest of the party performs insurance distribution business. Authorization to mediate: is
a written document by which the Client unequivocally expresses his will to become a Client and authorizes the Intermediary for tasks related to
by negotiating with the insurance company, the purpose of which is to ensure that the Client, as a future policyholder, is in accordance with
his requirements, that is, his needs, enable the conclusion of an insurance or reinsurance contract.
Order for mediation: is an instruction submitted by the Client to the Intermediary, which requests the execution of one or a series of Jobs
intermediary in insurance and reinsurance.
Insurance intermediary/broker jobs: are insurance distribution jobs at the behest of the Client in connection with the activities
by negotiating with the insurance company, the subject of which is the effort to provide the future policyholder, in accordance with his
requirements, i.e. needs, enable the conclusion of contracts on insurance, i.e. reinsurance and jobs related to
preparation for concluding an insurance or reinsurance contract and assistance in exercising rights from the insurance contract,
i.e. reinsurance, concluded with the mediation of the Intermediary, and especially when resolving compensation claims addressed to the company
for insurance.
Mediation/brokerage in insurance (when performed by an insurance brokerage): is distribution
insurance at the behest of the Client, which includes activities based on established requirements or needs of the client/party
initiating, proposing or performing preparations for concluding an insurance or reinsurance contract, assistance with
exercising the rights from the insurance contract, and especially when dealing with compensation claims addressed to the insurance company.
Consultation:
When distributing insurance and reinsurance, the broker acts according to the order of the party in such a way that, before concluding the contract, o
insurance based on information received from the client/party provides the client/party with objective information about the product
insurance so that the client/party can independently make an informed decision about concluding or not concluding a contract
insurance, whereby it does not give advice on the insurance products it distributes.
1/4 General business conditions for insurance mediation
Brokerage in insurance and reinsurance
1. SCOPE OF THE MEDIATOR’S SERVICE
1.1 Authorization for insurance mediation is considered a written agreement on the provision of services to the extent determined. General
terms of business under the definition of Businesses of insurance brokers. 1.2 The mediator is obliged to work as a mediator in
undertake insurance only on the basis of an express Mediation Order.
2. FEE
2.1. The Intermediary has no right to demand payment of a commission or any other payment from the Client unless it is expressly agreed with the Client
otherwise agreed in writing.
3. OBLIGATIONS AND RESPONSIBILITIES OF INTERMEDIARIES
3.1. Obligations of the Intermediary
The intermediary is obliged to perform his activities in such a way as to protect the interests of the Client. The mediator is obliged to make an offer for the conclusion of the contract
to prepare the insurance based on the data he collected from the Client, based on the requirements and needs that the latter expressly informed him about
notified, and on the terms of acceptance of such offers, on behalf of the Client, conduct negotiations with those interested in insurance. He is a mediator
obliged to act within the framework of the instructions and requests of the Client contained in the Mediation Order. The final decision on acceptance of rights i
receiving the fulfillment of the obligations of the insurance policyholder, that is, the insured under the insurance contract, is brought by the Client. The mediator will
mediate in the conclusion of insurance, check the content of insurance policies and other acts related to the insurance contract
in order to confirm their identity with the conditions agreed upon by the Client with the insurers, inform the Client about the procedure
report claims and promptly provide assistance to the Client for the duration of the insurance contract concluded by the Client
through.
3.2 Liability of the Intermediary
The Intermediary’s liability for damage, which may arise from the business relationship between the Intermediary and the Client, is limited accordingly
provisions of the Insurance Act in the amount of at least € 1.330.955 per claim and a total of € 1,957.661 for all compensation claims in one year.
4. OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT
4.1 Principle of responsibility
In his relationship with the Intermediary, the Client is obliged to act in accordance with the principle of conscientiousness and honesty and with the attention of good
businessman.
4.2. Informing the Intermediary For the regular and smooth development of the business relationship, it is necessary that:
a) during the preparation for concluding or renewing the insurance contract, the Client provides the Intermediary with all information and facts available to him
are known, and are significant for risk assessment, and that, during the duration of the insurance contract, without delay the Intermediary’s notification of
to any change in circumstances that may be significant for risk assessment (whether it is an increase or decrease and that
regardless of whether the change occurred due to the Client’s action or without his participation)
2/4 General business conditions for insurance mediation
Brokerage in insurance and reinsurance
b) The Client shall notify the Intermediary without delay of the occurrence of a harmful event and provide the Intermediary with such notification
information about the circumstances and consequences of the said event, his obligation to communicate the Relevant Circumstances and Application
adverse event, as defined in this point.
4.3 Content and delivery of the Mediation Order
The client is obliged to submit to the Intermediary in a timely manner the Mediation Order, which must contain precise information and
guidelines.
5. KEEPING CONFIDENTIAL INFORMATION AND PERSONAL DATA
5.1. The Intermediary will treat all information, data, facts and circumstances about an individual Client at its disposal as confidential.
The Intermediary will keep all confidential information it has about an individual Client as a business secret and will only use it
for the purpose of providing insurance intermediary services to the client in question.
5.2 The Client authorizes the Intermediary to exchange secret and personal data to the necessary extent with insurers (current and
potential) and entries in the documentation that is created in connection with the performance of Insurance Intermediaries.
6. PERIOD OF AUTHORITY
6.1 The authorization to mediate insurance is granted for an indefinite period of time, and each party has the right to cancel it in writing,
with a notice period of 30 days during which each party is obliged to properly, completely and conscientiously fulfill the obligations assumed.
7. PROCEDURE FOR RESOLVING CLIENT COMPLAINTS
7.1 The client, i.e. all entities that are defined as interested persons by the applicable regulations, and the Intermediary will make every effort
to resolve any disputes arising from the Mediator’s services amicably, in a peaceful procedure.
7.2 Complaints about the provision of services or the performance of the intermediary’s obligations can be filed by the insured or the policyholder or
the beneficiary from the insurance contract within 15 days of learning about the complaint.
7.3 The complaint is submitted to the Intermediary in writing to the address of the trade’s headquarters, Qualis Protectus, a brokerage business in
insurance and reinsurance vl. Damir Božičević, Ljudevita Posavskog 36B, 10000 Zagreb or by e-mail to the address: db@qualis-
protectus.hr
7.4 The complaint should contain:
a) name and surname and address of the complainant who is a natural person or his legal representative, i.e. company, registered office and
name and surname of the responsible person of the complainant who is a legal entity,
b) reasons for the complaint and requests of the complainant,
c) evidence that confirms the allegations from the complaint when it is possible to attach them, and it may also contain documents that were not there
considered in the procedure in which the decision for which the complaint is filed was made, as well as proposals for the presentation of evidence,
d) the date of filing the complaint and the signature of the complainant or the person representing him,
3/4 General business conditions for insurance mediation
Brokerage in insurance and reinsurance
e) power of attorney for representation, when the complaint is submitted by proxy.
7.5 After analyzing and verifying the allegations from the complaint, the Mediator will respond in writing to the applicant within 15
days from the date of receipt of the complaint.
7.6 If the complaint is submitted by e-mail or the complainant specifically requests it, the response to the complaint can be sent
by electronic mail, in compliance with the regulations governing the protection of personal data.
7.7 All disputes arising from or in connection with the insurance relationship, including disputes related to issues of its
of valid origination, breach or termination, as well as the legal effects arising from it, can be referred to mediation at one of
organization for reconciliation in the Republic of Croatia (Croatian Insurance Office, Croatian Chamber of Commerce, etc.). Competent authority
the Croatian Financial Services Supervision Agency (HANFA), Ulica Franje, is responsible for supervising the performance of insurance distribution operations Račkog 6, 10 000 Zagreb, www.hanfa.hr
7.8 In the event that despite efforts to resolve the dispute amicably, a peaceful resolution of the dispute cannot be achieved, a local
jurisdiction of the competent court in Zagreb.
The general terms and conditions for insurance mediation apply from February 22, 2022.