(1) If the difficulty of assessing the insurance being offered, or the person wishing to take out insurance himself or herself, and his or her situation, gives occasion thereto, the insurance intermediary must ask the person wishing to take out insurance about his or her wishes and needs and, also bearing in mind the relations between the time and effort spent providing the advice and the premium to be paid by the policyholder, must advise the person wishing to take out insurance, and state reasons for each piece of advice given in respect of a particular insurance. He or she must document this in accordance with section 62, taking account of the complexity of the contract of insurance being offered.
(2) The person wishing to take out insurance may waive the right to the advice or documentation in accordance with subsection (1) by separate written declaration in which he or she is explicitly informed by the insurance intermediary of the fact that a waiver of the right may have an unfavourable effect on the option the person wishing to take out insurance has of asserting a claim for damages against the insurance intermediary in accordance with section 63. If the contract is a distance contract within the meaning of section 312c of the Civil Code, the policyholder may waive the right thereto in text form.