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BGB 119. 2 A mistake about such characteristics of a person or a thing as are customarily regarded as essential is also regarded as a mistake about the content of the declaration .
BGB 434. 1 The thing is free from material defects if , upon the passing of the risk , the thing has the agreed quality . To the extent that the quality has not been agreed , the thing is free of material defects if it is suitable for the use intended under the contract , if it is suitable for the customary use and its quality is usual in things of the same kind and the buyer may expect this quality in view of the type of the thing . Quality under sentence 2 no . 2 above includes characteristics which the buyer can expect from the public statements on specific characteristics of the thing that are made by the seller , the producer ( section 4 ( 1 ) and ( 2 ) of the Product Liability Act [ Produkthaftungsgesetz ] ) or his assistant , including without limitation in advertising or in identification , unless the seller was not aware of the statement and also had no duty to be aware of it , or at the time when the contract was entered into it had been corrected in a manner of equal value , or it did not influence the decision to purchase the thing .
BGB 651c. 1 The travel organiser is obliged to provide the travel package in such a way that it has the warranted characteristics and is not impaired by faults that cancel or reduce its value or its suitability for the customary use or the use assumed under the contract . BGB 651c. 2 If the travel package is not of this quality , then the traveller may demand relief . The travel organiser may refuse the relief if it requires disproportionate expense . BGB 651c. 3 If the travel organiser does not provide relief within a reasonable period of time set by the traveller , then the traveller may himself provide relief and demand reimbursement of the required expenses . A period of time need not be specified if the travel organiser refuses relief or if immediate relief is required by a particular interest of the traveller .