General conditions

 

GENERAL TERMS AND CONDITIONS CONCORDIA NV

 

 

1. Concordia NV is a public limited liability company incorporated under Belgian law, with registered office at 9000 Gent, Sassevaartstraat 46/301, registered at the Crossroads Bank for Enterprises (CBE) under no. 0427.391.205 and registered with the FSMA under number 022714. Concordia Risk Management & Benefits is a trade name of Concordia.

Concordia has the status of an independent insurance broker and the activity of insurance brokerage forms its main activity. In addition, Concordia provides other consultancy services on an occasional basis.

 

2. These General Terms and Conditions apply to all services that Concordia provides to its clients, at present and in the future, subject to changes to them. When a client invokes the services of Concordia, he is deemed to know the General Terms and Conditions of Concordia and accepts them without reservation. The legal successors of the client, irrespective of their title, are obliged to comply with the General Terms and Conditions. The Terms and Conditions can be consulted at any time on the website of Concordia (www.concordia.be/en/general-conditions).

Any conflicting General Terms and Conditions of the client will only be applicable with the express prior written acceptance thereof by Concordia. Without this acceptance, the General Terms and Conditions of Concordia will always take precedence over all General or Special Terms and Conditions of the client, or on any other terms of the client. The General Terms and Conditions also apply to all special agreements that Concordia concludes with a client.

In case of doubt about the interpretation of a clause of the General Terms and Conditions, the agreement will always be interpreted in the most favourable sense for Concordia, contrary to Article 1162 of the Civil Code.

These General Terms and Conditions will also invoke those natural persons or legal entities who are directly or indirectly affiliated with Concordia and are in any way involved in the services of Concordia to its clientele.

 

3. In case the contractual agreements between Concordia and the client are contained in a written agreement made in the official language, only the language of the initial agreement has binding force, and any translations can only be regarded as free text, without any interpretative value.

 

4. Invoices or payment notifications originating from Concordia are payable within thirty (30) calendar days after the invoice date or payment notification date.

From the due date of the invoice or payment notification, interest is owed by right and without notice of default, interest at the legal interest rate + 1% (or, if applicable, the interest rate in accordance with the Law on Payment Arrears) and a reimbursement of collection costs equal to 10% of the principal sum, without prejudice to the right of Concordia to claim the actual damage and/or collection costs incurred if these are higher, including the indirect damage suffered by Concordia.

Concordia is entitled to impute the amount of its undisputed, or at least reasonably indisputable, amount of its outstanding receivables on any claim payment, compensation or sums, of whatever nature, which it receives on behalf of the client and is held to disburse to the client.

 

5. In the processing of personal data, Concordia observes the applicable legal provisions regarding the protection of privacy. Concordia processes the client's data, including the name, address and residence details, the policy details and other (personal) data that are necessary for entering into the insurance policy or for carrying out other services by Concordia. This information is stored in one or more databases.

Concordia processes the personal data of the client in accordance with Concordia’s Privacy Statement, the text of which can be consulted on www.concordia.be/en/concordia-gdpr-statement as well as at the registered office of Concordia.

 

6. Concordia undertakes to treat the information and/or data of the client of which it has taken notice pursuant to Article 5 of the General Terms and Conditions as strictly confidential and not to divulge them to third parties without the client's consent, subject to an order from the court or order from the government.

 

7. The advice, opinions, writings etc. drawn up by Concordia are protected by the intellectual property right and may in no case be used or reproduced without the explicit written and prior consent of Concordia. Any advice given by Concordia only serves the client and is only given in the context of the client's relevant file. It may not be disclosed to third parties without written permission from Concordia unless, if necessary, to other professional advisors of Concordia, but without any obligation or liability of Concordia towards them.

 

8. Any complaints regarding the invoice amount or the amount of the payment notification or regarding the services provided by Concordia must be expressed within 7 days after receipt of the invoice or the payment notification, or, if the service is not yet the subject of an invoice, within 7 days from the occurrence of the fact that gave rise to the complaint, or, as the case may be, from the day on which the client is reasonably expected to take notice of this fact.

In any event, any claim for damages against Concordia will lapse if the claim has not been notified to Concordia in writing within the year following the fact that gave rise to this claim.

 

9. Concordia is only obliged to make an obligation of means in its services, subject to explicit prior written agreement on any deviation. Concordia is therefore not obliged to guarantee a certain result and cannot be held liable by the client in this respect. In general, the liability of Concordia cannot be invoked by the client, except for proven intentional or gross mistake.

Concordia checks the solvency of the insurers when they place and renew the insurance contract, but is not liable if an insurer turns out to be or becomes insolvent afterwards.

Concordia is also not liable for damage suffered by the client due to incorrect calculation or estimation of the premium and statutory levies that apply to the insurance. Concordia is also not liable for the consequences of providing incomplete or incorrect information by the client.

Insofar as Concordia, exclusively for commercial reasons and without being obliged to perform any contractual obligation, delivers a certain service to the client, any liability is excluded for Concordia.

Concordia is also not in any way whatsoever bound to any indemnification of the client for damage caused by services provided by natural persons or legal entities directly or indirectly affiliated to Concordia and in any way involved in the services of Concordia (such as co-brokers and/or sub-agents, etc.).

Concordia is under no circumstances liable, not even in case of intent or gross mistake on the part of Concordia, for business, consequential or indirect damage (including loss of turnover and/or lost profit).

Concordia's liability is in any case limited to the amount of the professional insurance policy she subscribes and within the limits of the cover. If, for whatever reason, the professional liability insurer refuses all or part of its intervention, the liability of Concordia is limited to the amount of the services charged by her, with a maximum of 5.000 Euro.

In any event, any claim for damages against Concordia will lapse if the claim is not made in writing to notify Concordia, within the year following the fact that gave rise to this claim.

 

10. In the event that the cooperation with the client is governed by a written, special agreement of indefinite duration and/or with successive performances, it can be terminated by both parties at any time, subject to a written notification to the other party, whereby a notice period of six (6) months is taken into account. Concordia will at that moment transfer its final invoice for the last delivered services and the remaining fees until the day of termination of the agreement.

In the event of termination by the client of a contract of a certain duration or for a specific performance, in the course of the duration or the execution of the agreement, the client shall be obliged to pay Concordia all the fees that the client had to pay Concordia, should the agreement have been continued. 

 

11. The legal relationship between Concordia and the client is exclusively governed by Belgian law, in particular the Law on the Non-Marine Insurance Agreement of 25 June 1992 and the Insurance Act of 4 April 2014.

Without prejudice to the right of the client to resort to the mediation by the Insurance Ombudsman in Belgium, where appropriate, in the event of disputes, the courts of Ghent have exclusive jurisdiction, on the understanding that Concordia has the right to bring the dispute before the courts of the domicile or the registered office of the client.

 

Only the Dutch text of the General Conditions has binding force, this translation in English can only be regarded as free text, without any interpretative value.