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=S=> BGB 651k. 1 The travel organiser must guarantee that the traveller is reimbursed the price of the travel package paid to the extent that travel services fail to materialise due to insolvency or the commencement of insolvency proceedings relating to the assets of the travel organiser , and necessary expenses incurred by the traveller for return travel due to insolvency or the commencement of insolvency proceedings relating to the assets of the travel organiser . The duties under sentence 1 may only be performed by the travel organiser by means of an insurance policy taken out with an insurance company authorised to conduct business operations within the area of application of this Code , or by the promise of payment of a banking institution authorised for business operations within the area of application of this Code .
=S=> BGB 651k. 2 The insurer or the banking institution ( customer finance guarantor ) may limit its liability for the total amounts to be reimbursed by it in one year to 110 million euros . If the total of the amounts to be reimbursed by a customer finance guarantor under this law in one year exceed the maximum amounts stated in sentence 1 , then the individual reimbursement claims will be reduced in the ratio of their total amount to the maximum amount .
=S=> BGB 651k. 3 To discharge his duty under subsection ( 1 ) , the travel organiser must provide the traveller with a direct claim on the customer finance guarantor and must evidence it by handing over a confirmation ( guarantee certificate ) issued by the customer finance guarantor or at its behest . The customer finance guarantor may not invoke , in relation to a traveller to whom a guarantee certificate has been handed out , either objections under the customer finance guarantor contract or the fact that the guarantee certificate was only issued after termination of the customer finance guarantor contract . In the cases referred to in sentence 2 , the claim of the traveller against the travel organiser passes to the customer finance guarantor to the extent that the latter satisfies the claim of the traveller . A travel agent is under a duty to the traveller to check the validity of the guarantee certificate when he hands it over to the traveller .
=S=> BGB 651k. 4 The travel organiser and the travel agent may only demand or accept payments towards the package price from the traveller prior to the end of the travel package if a guarantee certificate has been given to the traveller . A travel agent is deemed to be authorised by the travel organiser to accept payments towards the package price if he hands over a guarantee certificate or if other circumstances attributable to the travel organiser show that he has been entrusted by the travel organiser to negotiate travel contracts on his behalf . This does not apply if acceptance of payments by the travel agent is excluded in relation to the traveller in a conspicuous form .
=S=> BGB 651k. 5 If , at the time when the contract is entered into , the travel organiser has his principal place of business in another Member State of the European Communities or in another contracting state to the Agreement on the European Economic Area , then the travel organiser also discharges his duties under subsection ( 1 ) if he gives the traveller security in compliance with the provisions of the other state and if those provisions satisfy the requirements of subsection ( 1 ) sentence 1. Subsection ( 4 ) applies subject to the proviso that the provision of security must be evidenced to the traveller .
=S=> BGB 651k. 6 Subsections ( 1 ) to ( 5 ) do not apply if the travel organiser only organises travel occasionally and outside his commercial activities , the travel package does not last longer than twenty-four hours , does not include an overnight stay and the package price does not exceed seventy-five euros , the travel organiser is a legal person under public law whose assets may not be the object of insolvency proceedings .
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