(1) If the difficulty in assessing the insurance being offered, or the policyholder himself or herself and his or her situation, gives occasion thereto, the insurer must ask him or her, prior to concluding the insurance contract, about his or her wishes and needs and, also bearing in mind an appropriate relation between the time and effort spent in providing this advice and the insurance premiums to be paid by the policyholder, the insurer advises the policyholder, and states reasons for each of the pieces of advice, in respect of a particular insurance policy. He or she documents this, taking into account the complexity of the contract of insurance being offered.
(2) Section 6a applies to the transmission of the advice given, and to the reasons therefor.
(3) The policyholder may waive the right to advice, and documentation thereof, in accordance with subsections (1) and (2) by a separate written declaration in which the insurer explicitly indicates that such waiving may have an unfavourable effect on his or her option for asserting a claim for damages against the insurer in accordance with subsection (5). In the case of a distance contract within the meaning of section 312c of the Civil Code, the policyholder may waive the contract in text form.
(4) The obligation under subsection (1) sentence 1 also applies after the contract has been concluded for the entire term of the insurance agreement, insofar as it is clear that the insurer recognises that the policyholder requires information and advice; subsection (3) sentence 2 applies accordingly. The policyholder may in individual cases waive the right to advice by written declaration.
(5) If the insurer breaches an obligation under subsections (1), (2) or (4), he or she is liable to indemnify the policyholder for any loss or damage resulting therefrom. This does not apply if the insurer is not responsible for the breach of obligation.
(6) Subsections (1) to (5) do not apply to contracts of insurance covering a jumbo risk within the meaning of section 210 (2), or if the contract is negotiated with the policyholder by an insurance broker.