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BGB 676a. 1 By a bank transfer contract , the banking institution ( transferring banking institution ) is put under a duty to the person who orders the transfer ( transferor ) to make a specified amount of money available to the beneficiary for credit to the account of the beneficiary at the transferring banking institution ( bank transfer ) and to supply information on the identity of the transferor and a purpose of the transfer , to the customary extent . If the credit is to be made by another banking institution , the transferring banking institution is obliged to transfer the bank transfer amount in good time and , to the extent that nothing else has been agreed , without deduction to the banking institution of the beneficiary directly or with the participation of intermediate banking institutions for this purpose and to forward the information specified in sentence 1. The transferor may , to the extent agreed , alternatively provide the banking institution with the monetary amount to be transferred in cash .
BGB 676b. 1 If the bank transfer is not executed until after the end of the transaction period , then the transferring banking institution must pay interest to the transferor on the bank transfer amount for the duration of the delay unless the transferor or the beneficiary is responsible for the delay . The rate of interest is five percentage points per annum above the basic rate of interest . BGB 676b. 2 The transferring banking institution must without additional charges and expenses and at the option of the transferor either return to the transferor or transfer to the beneficiary any amounts retained by itself or by one of the intermediate banking institutions contrary to the transfer contract . BGB 676b. 3 The transferor may demand the return of the transfer amount up to an amount of 12,500 euros ( guarantee amount ) plus fees and expenses already paid for the transfer if the transfer has been executed neither by the end of the transaction period nor within an additional period of time of fourteen banking days from the demand of the transferor for return on . The transfer amount is in this case to bear interest from the commencement of the transaction period up to crediting of the guarantee amount to the account of the transferor at the rate of interest specified in subsection ( 1 ) sentence 2. Upon demand for return by the transferor and the end of the additional period of time the bank transfer contract is deemed to be terminated . The banking institution is entitled to terminate the contract if the banking institution cannot reasonably be expected to continue the contract , weighing the interests of both parties , provided it has paid the guarantee amount or pays it simultaneously . The tr ansferor need not , in the cases cited in sentences 3 and 4 , pay the agreed fees and expenses . Claims under this subsection do not exist if the bank transfer has not been executed because the transferor has given the transferring banking institution erroneous or incomplete instructions or if an intermediate bank expressly specified by the transferor has failed to execute the bank transfer . In the second case of sentence 6 , the banking institution expressly specified by the transferor is liable to the transferor in the place of the transferring banking institution . BGB 676b. 4 Claims under subsections ( 1 ) to ( 3 ) are excluded if force majeure is the cause of the error in the processing of the bank transfer .
BGB 676c. 1 Claims under section 676b do not require fault . Other claims that require fault and claims for unjust enrichment are unaffected . The transferring banking institution must be responsible for any fault on the part of an intermediate banking institution as it would be for its own fault , unless the essential cause lies with an intermediate banking institution specified by the transferor . 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 .
BGB 676c. 2 In the cases cited in subsection ( 1 ) sentence 3 half-sentence 2 , the intermediate banking institution specified by the transferor is liable instead of the transferring banking institution .