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=U5= Sec676f -- Section 676f Typical contractual duties in a current account contract
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=S=> BGB 676f By a current account contract , the banking institution is put under a duty to open an account for the customer , to credit incoming payments to the account and to process completed bank transfer contracts to the debit of this account . The banking institution must notify the customer of any information relating to the person of the transferor and of the purpose of the bank transfer that is forwarded .
=U5= Sec676g -- Section 676g Credit claim of the customer
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=S=> BGB 676g. 1 If a transfer amount has been received by the banking institution of the customer , the banking institution must credit this amount to the customer within the agreed period of time or , if there is no agreement on a period of time , within one banking day after the day on which the amount was credited to the banking institution , unless prior to receipt of the transfer amount it received notification under section 676d ( 2 ) sentence 1. If the amount transferred is not credited to the account of the customer in good time , then the banking institution must pay the customer interest on the transfer amount for the duration of the delay , unless the transferor or the customer is responsible for the delay . Section 676b ( 1 ) sentence 2 applies . The credit , even if it is made subsequently , must be undertaken in such a way that value dating of the incoming amount on the customer's account , to the extent not otherwise agreed with entrepreneurs , coincides with the date on which the amount is made av ailable to the banking institution .
=S=> BGB 676g. 2 If the banking institution , when it credits the amount to the account of the customer , has in breach of contract reduced the transfer amount , then it must credit the deficit to the beneficiary free of fees and expenses . The claim of the banking institution to a fee agreed in the current account contract for the crediting of incoming payments remains unaffected .
=S=> BGB 676g. 3 If an interbank payment contract is not executed by a banking institution that has been instructed to receive it by the banking institution of the beneficiary , then the latter must credit its customer with the transfer amount up to an amount of 12,500 euros without additional fees and charges .
=S=> BGB 676g. 4 Claims under subsections ( 1 ) to ( 3 ) do not require fault . More extensive claims that require fault are unaffected . The banking institution of the customer must in this context assume the same responsibility for fault on the part of an intermediate banks it instructed as for its own fault . Liability under sentence 3 may be limited to 25,000 euros for bank transfers to an account abroad . Liability for damage arising from delay in or non-execution of the bank transfer may be limited to 12,500 euros ; this does not apply to intent and gross negligence , to loss of interest receipts and risks specifically assumed by the banking institution . The claims are excluded to the extent that the error in execution of the contract is due to force majeure .
=S=> BGB 676g. 5 To the extent not otherwise provided there , deviation from the provisions of subsection ( 1 ) to ( 4 ) to the disadvantage of the beneficiary is only allowed in the case of bank transfers of the type specified in section 676c ( 3 ) .
=U5= Sec676h -- Section 676h Abuse of payment cards* )
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=S=> BGB 676h The banking institution may only demand reimbursement of expenses for use of payment cards or of their data if the latter have not been abused by a third party . If the payment card is not based on a current account contract but another contract for the management of the affairs of another , sentence 1 applies with the necessary modifications to the issuer of the card .
=S=> BGB 676h.* ) Official note : This provision serves to implement Article 8 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts ( OJ L 144 , p . 19 ) .
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