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deuxième
BGB 123. 2 If a third party committed this deceit , a declaration that had to be made to another may be avoided only if the latter knew of the deceit or ought to have known it . If a person other than the person to whom the declaration was to be made acquired a right as a direct result of the declaration , the declaration made to him may be avoided if he knew or ought to have known of the deceit .
BGB 264. 1 If the obligor entitled to the right of choice does not exercise that right prior to the beginning of execution , the obligee , at his choice , may direct execution to one performance or the other ; however , as long as the obligee has not received the performance chosen , completely or in part , the obligor may release himself from his obligation through one of the other acts of performance .
BGB 305a Even without compliance with the requirements cited in section 305 ( 2 ) nos . 1 and 2 , if the other party to the contract agrees to their applying the following are incorporated , the tariffs and regulations of the railways issued with the approval of the competent transport authority or on the basis of international conventions , and the terms of transport approved under the Passenger Transport Act [ Personenbeförderungsgesetz ] , of trams , trolley buses and motor vehicles in regular public transport services , the standard business terms published in the gazette of the Federal Network Agency for Electricity , Gas , Telecommunications , Post and Railway [ Bundesnetzagentur für Elektrizität , Gas , Telekommunikation , Post und Eisenbahnen ] and kept available on the business premises of the user , a)into transport contracts entered into off business premises by the posting of items in postboxes , b)into contracts on telecommunications , information services and other services that are provided direct by the use of distance communication and at one time and without interruption during the supply of a telecommunications service , if it is disproportionately difficult to make the standard business terms available to the other party before the contract is entered into .
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 .