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BGB 305. 2 Standard business terms only become a part of a contract if the user , when entering into the contract , refers the other party to the contract to them explicitly or , where explicit reference , due to the way in which the contract is entered into , is possible only with disproportionate difficulty , by posting a clearly visible notice at the place where the contract is entered into , and gives the other party to the contract , in an acceptable manner , which also takes into reasonable account any physical handicap of the other party to the contract that is discernible to the user , the opportunity to take notice of their contents , and if the other party to the contract agrees to their applying .
BGB 651e. 1 If the travel package is substantially impaired as a result of a defect of the type referred to in section 651c , the traveller may terminate the contract . The same applies if he cannot reasonably be expected to accept the travel package due to such a defect for a compelling reason discernible to the travel organiser .