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BGB 306a The rules in this division apply even if they are circumvented by other constructions .
BGB 309. E of liability for injury to life , body or health and in case of gross fault ) a)(Injury to life , body or health ) any exclusion or limitation of liability for damage from injury to life , body or health due to negligent breach of duty by the user or intentional or negligent breach of duty by a legal representative or a person used to perform an obligation of the user ; b)(Gross fault ) any exclusion or limitation of liability for other damage arising from a grossly negligent breach of duty by the user or from an intentional or grossly negligent breach of duty by a legal representative of the user or a person used to perform an obligation of the user ; letters ( a ) and ( b ) do not apply to limitations of liability in terms of transport and tariff rules , authorised in accordance with the Passenger Transport Act [ Personenbeförderungsgesetz ] , of trams , trolley buses and motor vehicles in regular public transport services , to the extent that they do not deviate to the disadvantage of the passenger from the Order on Standard Transport Terms for Tram and Trolley Bus Transport and Regular Public Transport Services with Motor Vehicles [ Verordnung über die Allgemeinen Beförderungsbedingungen für den Straßenbahn - und Obusverkehr sowie den Linienverkehr mit Kraftfahrzeugen ] of 27 February 1970 ; letter ( b ) does not apply to limitations on liability for state-approved lotteries and gaming contracts ;
BGB 310. 3 In the case of contracts between an entrepreneur and a consumer ( consumer contracts ) the rules in this division apply with the following provisos : Standard business terms are deemed to have been presented by the entrepreneur , unless they were introduced into the contract by the consumer ;
BGB 347. 1 If the obligor fails to take emoluments contrary to the rules of proper management although he could have done so , then he is obliged to compensate the obligee for the value . In the case of a statutory right of withdrawal , the person entitled must in regard to emoluments be responsible only for the care that he customarily exercises in his own affairs .