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=S=> BGB 307. 1 Provisions in standard business terms are ineffective if , contrary to the requirement of good faith , they unreasonably disadvantage the other party to the contract with the user . An unreasonable disadvantage may also arise from the provision not being clear and comprehensible .
=S=> BGB 307. 2 An unreasonable disadvantage is , in case of doubt , to be assumed to exist if a provision is not compatible with essential principles of the statutory provision from which it deviates , or limits essential rights or duties inherent in the nature of the contract to such an extent that attainment of the purpose of the contract is jeopardised .
=S=> BGB 307. 3 Subsections ( 1 ) and ( 2 ) above , and sections 308 and 309 apply only to provisions in standard business terms on the basis of which arrangements derogating from legal provisions , or arrangements supplementing those legal provisions , are agreed . Other provisions may be ineffective under subsection ( 1 ) sentence 2 above , in conjunction with subsection ( 1 ) sentence 1 above .
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