| Fachwort |
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| Deutsch | alternative | Grundwort | fehlt |
| Fachbebiet | fehlt |
Trennung: | al|ter|nat|ive |
| Inhalt | fehlt |
Status: | |
| Worttyp | fehlt |
| Section 265 Impossibility in case of alternative obligations |
| BGB 439. 3 Without prejudice to section 275 ( 2 ) and ( 3 ) , the seller may refuse to provide the kind of cure chosen by the buyer , if this cure is possible only at disproportionate expense . In this connection , account must be taken in particular , without limitation , of the value of the thing when free of defects , the importance of the defect and the question as to whether recourse could be had to the alternative kind of cure without substantial detriment to the buyer . The claim of the buyer is restricted in this case to the alternative kind of cure ; the right of the seller to refuse the alternative kind of cure too , subject to the requirements of sentence 1 above , is unaffected . |
| BGB 651i. 2 If the traveller withdraws from the contract , then the travel organiser loses his claim to the agreed package price . He may , however , demand appropriate compensation . The amount of such compensation is determined by the price of the travel package minus the value of the expenses saved by the travel organiser and what he can gain by alternative deployment of the travel services . |
| BGB 651i. 3 In the contract , for each type of travel package , taking into account the customarily saved expenses and the customary potential savings from alternative deployment of the travel services , a percentage of the package price may be specified as compensation . |
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