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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 ;
Title 3 Loan contract ; financing assistance and contracts for delivery by instalments between an entrepreneur and a consumer* ) * ) Official note : This title serves to implement Directive 87/102/EEC of the Council for approximation of the laws , regulations and administrative provisions of the Member States concerning consumer credit ( OJ L 42 , p . 48 ) most recently amended by Directive 98/7/EC of the European Parliament and of the Council of 16 February 1998 to amend Directive 87/102/EEC for approximation of the laws , regulations and administrative provisions of the Member States concerning consumer credit ( OJ L 101 , p . 17 ) .
Title 8 Service contract* ) * ) Official note : This title serves to implement 1. Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment , vocational training and promotion , and working conditions ( OJ L 39 , p . 40 ) , and 2. Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees ' rights in the event of transfers of undertakings , businesses or parts of businesses ( OJ L 61 , p . 26 ) .
Subtitle 2 Contract for the management of the affairs of another* ) * ) Official note : This subtitle serves to implement 1. Directive 97/7/EC of the European Parliament and of the Council of 27 January 1997 on cross-border credit transfers ( OJ L 43 of 14 February 1997 , p . 25 ) , 2. Articles 3 to 5 of Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems ( OJ L 166 of 11 June 1998 , p . 45 ) .