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BGB 68 If a transaction is entered into between the previous members of the board and a third party , the change of the board can be used as a defence against the third party only if at the time when the legal transaction is entered into the change has been recorded in the register of associations or is known to the third party . If the change has been entered , the third party need not allow it to apply against him if he does not know of it and his lack of knowledge does not result from negligence .
BGB 120 A declaration of intent that has been incorrectly transmitted by the person or facilities used for its transmission may be avoided subject to the same condition as a declaration of intent made by mistake may be avoided under section 119.
BGB 305. 1 Standard business terms are all contract terms pre-formulated for more than two contracts which one party to the contract ( the user ) presents to the other party upon the entering into of the contract . It is irrelevant whether the provisions take the form of a physically separate part of a contract or are made part of the contractual document itself , what their volume is , what typeface or font is used for them and what form the contract takes . Contract terms do not become standard business terms to the extent that they have been negotiated in detail between the parties .
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 ;