6944
=U3= UTit1 -- Subtitle 1 Contract to produce a work
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=U4= Sec631 -- Section 631 Typical contractual duties in a contract to produce a work
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=S=> BGB 631. 1 By a contract to produce a work , a contractor is obliged to produce the promised work and the customer is obliged to pay the agreed remuneration .
=S=> BGB 631. 2 The subject matter of a contract to produce a work may be either the production or alteration of a thing or another result to be achieved by work or by a service .
=U4= Sec632 -- Section 632 Remuneration
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=S=> BGB 632. 1 Remuneration for work is deemed to be tacitly agreed if the production of the work , in the circumstances , is to be expected only in return for remuneration .
=S=> BGB 632. 2 If the amount of remuneration is not specified , then if a tariff exists , the tariff remuneration is deemed to be agreed ; if no tariff exists , the usual remuneration is deemed to be agreed .
=S=> BGB 632. 3 In case of doubt , remuneration is not to be paid for a cost estimate .
=U4= Sec632a -- Section 632a Part payments
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=S=> BGB 632a. 1 The contractor may demand a part payment from the customer for work carried out in accordance with the contract in the amount in which the customer has received an increased value by virtue of the work . The part payment may not be refused because of minor defects . Section 641 ( 3 ) applies with the necessary modifications . The work must be documented by a list which must facilitate a rapid , secure evaluation of the work . Sentences 1 to 4 also apply to required materials or building components that are supplied or specially prepared and made available if ownership of the materials or building components is transferred to the customer or an appropriate security is provided for this , at his option .
=S=> BGB 632a. 2 If the subject-matter of the contract is the construction or conversion of a house or comparable building and at the same time entails an obligation incumbent on the contractor to assign to the customer ownership of the plot of land or to establish or assign a hereditary building right , part payments may only be demanded insofar as they have been agreed in accordance with an ordinance based on Article 244 of the Introductory Act to the Civil Code .
=S=> BGB 632a. 3 If the customer is a consumer , and if the subject-matter of the contract is the construction or conversion of a house or comparable building , the customer must be given a security amounting to five percent of the remuneration claim on effecting the first part payment for the correct implementation of the work without major defects . If the remuneration claim increases by more than ten percent as a result of amendments to or supplements of the contract , the customer is to be given a further security of five percent of the additional remuneration claim on effecting the next part payment . At the request of the contractor , the security is to be provided by retention such that the customer retains the part payments up to the total amount of the security owed .
=S=> BGB 632a. 4 Securities in accordance with this provision may also be provided by means of a guarantee or other payment undertaking by a financial institution or credit insurer entitled to operate in the scope of application of this Code .
=U4= Sec633 -- Section 633 Material defects and legal defects
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=S=> BGB 633. 1 The contractor must procure the work for the customer free of material defects and legal defects .
=S=> BGB 633. 2 The work is free of material defects if it is of the agreed quality . To the extent that the quality has not been agreed , the work is free from material defects if it is suitable for the use envisaged in the contract , or else if it is suitable for the customary use and is of a quality that is customary in works of the same type and that the customer may expect in view of the type of work . It is equivalent to a material defect if the contractor produces a work that is different from the work ordered or too small an amount of the work .
=S=> BGB 633. 3 The work is free of legal defects if third parties , with regard to the work , either cannot assert any rights against the customer or can assert only such rights as are taken over under the contract .
=U4= Sec634 -- Section 634 Rights of the customer in the case of defects
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=S=> BGB 634 If the work is defective , the customer , if the requirements of the following provisions are met and to the extent not otherwise specified , may under section 635 , demand cure , under section 637 , remedy the defect himself and demand reimbursement for required expenses , under sections 636 , 323 and 326 ( 5 ) , withdraw from the contract or under section 638 , reduce payment , and under sections 636 , 280 , 281 , 283 and 311a , demand damages , or under section 284 , demand reimbursement of futile expenditure .
=U4= Sec634a -- Section 634a Limitation of claims for defects
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=S=> BGB 634a. 1 The claims cited in section 634 nos . 1 , 2 and 4 are statute-barred subject to no . 2 , in two years in the case of a work whose result consists in the manufacture , maintenance or alteration of a thing or in the rendering of planning or monitoring services for this purpose , in five years in the case of a building and in the case of a work whose result consists in the rendering of planning or monitoring services for this purpose , and apart from this , in the regular limitation period .
=S=> BGB 634a. 2 In the cases of subsection ( 1 ) nos . 1 and 2 , limitation begins on acceptance .
=S=> BGB 634a. 3 Notwithstanding subsection ( 1 ) nos . 1 and 2 , and subsection ( 2 ) , claims are statute-barred in the standard limitation period if the contractor fraudulently concealed the defect . However , in the case of subsection ( 1 ) no . 2 , claims are not statute-barred before the end of the period specified there .
=S=> BGB 634a. 4 The right of withdrawal referred to in section 634 is governed by section 218. Notwithstanding the ineffectiveness of withdrawal under section 218 ( 1 ) , the customer may refuse to pay the remuneration to the extent that he would be entitled to do so by reason of the withdrawal . If he uses this right , the contractor may withdraw from the contract .
=S=> BGB 634a. 5 Section 218 and subsection ( 4 ) sentence 2 above apply with the necessary modifications to the right to reduce the price specified in section 634.
=U4= Sec635 -- Section 635 Cure
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=S=> BGB 635. 1 If the customer demands cure , then the contractor may , at his option , remedy the defect or produce a new work .
=S=> BGB 635. 2 The contractor must bear the expenditure necessary for cure , including , without limitation , transport , workmen's travel , work and materials costs .
=S=> BGB 635. 3 The contractor may refuse cure , without prejudice to section 275 ( 2 ) and ( 3 ) , if it is only possible at disproportionate cost .
=S=> BGB 635. 4 If the contractor produces a new work , he may demand from the customer return of the defective work in accordance with sections 346 to 348.
=U4= Sec636 -- Section 636 Special provisions on withdrawal and damages
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=S=> BGB 636 Except in the cases of sections 281 ( 2 ) and 323 ( 2 ) , there is no need for a period to be set even if the contractor refuses cure under section 635 ( 3 ) or if cure has failed or cannot be reasonably expected of the customer .
=U4= Sec637 -- Section 637 Self-help
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=S=> BGB 637. 3 The customer may demand from the contractor advance payment of the expenses necessary to remedy the defect .
=U4= Sec638 -- Section 638 Reduction of price
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=S=> BGB 638. 1 Instead of withdrawal from the contract , the customer may reduce the remuneration by declaration to the contractor . The ground for exclusion under section 323 ( 5 ) sentence 2 does not apply .
=S=> BGB 638. 2 If the customer or the contractor consists of more than one person , reduction of price may be declared only by or to all of them .
=S=> BGB 638. 3 In the case of reduction of price , the payment is to be reduced in the proportion which , at the time when the contract was entered into , the value of the work in a state free of defects would have had to the actual value . To the extent necessary , the price reduction is to be established by appraisal .
=S=> BGB 638. 4 If the customer has paid more than the reduced remuneration , the contractor must reimburse the surplus . Section 346 ( 1 ) and section 347 ( 1 ) apply with the necessary modifications .
=U4= Sec639 -- Section 639 Exclusion of liability
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=S=> BGB 639 The contractor may not rely on an agreement by which the rights of the customer with regard to a defect are excluded or restricted , insofar as the contractor fraudulently concealed the defect or gave a guarantee for the quality of the work .
=U4= Sec640 -- Section 640 Acceptance
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=S=> BGB 640. 1 The customer is obliged to accept the work produced in conformity with the contract , except to the extent that , in view of the quality of the work , acceptance is excluded . Acceptance may not be refused by reason of trivial defects . It is equivalent to acceptance if the customer does not accept the work within a reasonable period of time specified for him by the contractor , although he is under a duty to do so .
=S=> BGB 640. 2 If the customer accepts a defective work under subsection ( 1 ) sentence 1 , even though he knows of the defect , he only has the rights designated in section 634 nos . 1 to 3 if he reserves his rights with regard to the defect when he accepts the work .
=U4= Sec641 -- Section 641 Due date of remuneration
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=S=> BGB 641. 1 The remuneration must be paid upon acceptance of the work . If the work is to be accepted in parts and the remuneration for the individual parts is specified , then the remuneration is to be paid for each part when it is accepted .
=S=> BGB 641. 2 The remuneration of the contractor for a work whose production the customer has promised to a third party is due at the latest to the extent that the customer has received from the third party his remuneration or parts of his remuneration for the production of the promised work , to the extent that the work of the customer has been accepted by the third party or is deemed to have been accepted , or to the extent that the contractor has unsuccessfully set the customer a suitable deadline for information on the circumstances referred to in Nos . 1 and 2. If the customer has given the third party security on account of possible defects of the work , sentence 1 applies only if the contractor gives the customer an appropriate security .
=S=> BGB 641. 3 If the customer may demand remedy of a defect , he may , after becoming due , refuse to pay a reasonable portion of the remuneration ; twice the costs necessary to remedy the defect are appropriate as a rule .
=S=> BGB 641. 4 If the remuneration is assessed in money , the customer must pay interest on it from the acceptance of the work on , except to the extent that remuneration is deferred .
=U4= Sec641a -- Section 641a repealed
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=U4= Sec642 -- Section 642 Collaboration by the customer
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=S=> BGB 642. 1 If , in the production of the work , an act by the customer is necessary , then the contractor may demand reasonable compensation if the customer , by failing to perform the act , is in default of acceptance .
=S=> BGB 642. 2 The amount of compensation is assessed on the one hand on the basis of the duration of the default and the amount of the agreed remuneration , and on the other hand on the basis of what expenses the contractor saves or what the contractor can earn by employing his working capacity elsewhere .
=U4= Sec643 -- Section 643 Termination for failure to collaborate
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=S=> BGB 643 In the case of section 642 , the contractor is entitled to give the customer a reasonable period of time for making up for the act to be performed by declaring that he will terminate the contract if the act is not undertaken by the end of the period of time . The contract is deemed to be cancelled if the act is not made up for by the end of the period of time .
=U4= Sec644 -- Section 644 Allocation of risk
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=S=> BGB 644. 1 The contractor bears the risk until acceptance of the work . If the customer is in default of acceptance , then the risk passes to him . The contractor is not liable for any accidental destruction or accidental deterioration of the materials supplied by the customer .
=S=> BGB 644. 2 If , at the demand of the customer , the contractor ships the work to a place other than the place of performance , then the provisions of section 447 governing purchase apply with the necessary modifications .
=U4= Sec645 -- Section 645 Responsibility of the customer
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=S=> BGB 645. 1 If the work , before acceptance , is destroyed or deteriorates or becomes impracticable as the result of a defect in the materials supplied by the customer or as the result of an instruction given by the customer for the carrying out of the work , without a circumstance for which the contractor is responsible contributing to this , then the contractor may demand a part of the remuneration that corresponds to the work performed and reimbursement of those expenses not included in the remuneration . The same applies if the contract is cancelled under section 643.
=S=> BGB 645. 2 A more extensive liability of the customer for fault is unaffected .
=U4= Sec646 -- Section 646 Completion in lieu of acceptance
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=S=> BGB 646 If acceptance is excluded due to the quality of the work , then , in the cases of sections 634a ( 2 ) and 641 , 644 and 645 , completion of the work takes the place of acceptance .
=U4= Sec647 -- Section 647 Security right of the contractor
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=S=> BGB 647 For his claims under the contract , the contractor has a security right over the movable things of the customer that he has produced or repaired if they have come into his possession during the production or for the purpose of repair .
=U4= Sec648 -- Section 648 Mortgage of a building contractor
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=S=> BGB 648. 1 The contractor for a building or an individual part of a building may demand , for satisfaction of his claims under the contract , that a mortgage over the building plot of the customer is granted . If the work is not yet completed , then he may demand that a mortgage is granted for a portion of the remuneration corresponding to the work performed and for expenses not included in the remuneration .
=S=> BGB 648. 2 The owner of a shipyard , for his claims in relation to the building or repair of a ship , may demand to be granted a ship mortgage over the ship under construction or ship of the customer ; subsection ( 1 ) sentence 2 applies with the necessary modifications . Section 647 does not apply .
=U4= Sec648a -- Section 648a Builder's security
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=S=> BGB 648a. 1 A contractor for a building , outdoor facilities or a part thereof may demand a security from the customer for the remuneration also agreed in additional commissions and not yet paid , including associated incidental claims , which are to be estimated at ten per cent of the remuneration claim to be secured . Sentence 1 also applies to the same degree to claims replacing the remuneration . The claim of the contractor for a security is not ruled out by the customer being able to demand fulfilment or having accepted the work . Claims with which the customer is able to offset against the contractors right to remuneration are disregarded when calculating the remuneration unless they are non-contentious or have been ascertained with the force of law . The security is to be deemed sufficient even if the provider of the security reserves the right to revoke his promise , in case of substantial deterioration of the financial circumstances of the customer , with effect for claims to remuneration for building work that the contractor has not yet performed when the declaration of revocation is received .
=S=> BGB 648a. 2 The security may also be provided by means of a guarantee or other promise of payment by a banking institution or credit insurer authorised to conduct business operations within the area of application of this Code . The banking institution or credit insurer may only make payments to the contractor to the extent that the customer recognises the claim of the contractor to remuneration or has been ordered by a provisionally enforceable judgment to pay the remuneration and the requirements are met under which execution of judgment may be commenced .
=S=> BGB 648a. 3 The contractor must pay to the customer the customary costs of provision of security up to a maximum amount of two per cent per year . This does not apply to the extent that the security must be maintained because of objections of the customer to the remuneration claim of the contractor and the objections turn out to be unfounded .
=S=> BGB 648a. 4 To the extent that the contractor has obtained a security for his claim to remuneration under subsections ( 1 ) and ( 2 ) , the claim to be granted a mortgage under section 648 ( 1 ) is excluded .
=S=> BGB 648a. 5 If the contractor has unsuccessfully set the customer a suitable deadline to provide the security in accordance with subsection ( 1 ) , the contractor may refuse to carry out the work or may terminate the contract . If he terminates the contract , the contractor is also entitled to claim the agreed remuneration ; he must however allow set-off of the expenses he saves as a result of cancelling the contract or acquires or wilfully fails to acquire from other use of his labour . There is a presumption that the contractor is accordingly entitled to five percent of the remuneration accounted for by the part of the work not yet provided .
=S=> BGB 648a. 6 The provisions of subsections ( 1 ) to ( 5 ) are not applicable if the customer is a legal person under public law or a special fund under public law with regard to the property of which insolvency proceedings are not permissible , or is a natural person and is having the construction work done to build or repair a one-family house with or without a self-contained apartment attached . Sentence 1 No . 2 does not apply if the construction project is looked after by a construction agent authorised to dispose of the financial resources of the customer .
=S=> BGB 648a. 7 Any agreement deviating from the provisions of subsections ( 1 ) to ( 5 ) above is ineffective .
=U4= Sec649 -- Section 649 Right of termination of the customer
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=S=> BGB 649 The customer may terminate the contract at any time up to completion of the work . If the customer terminates the contract , then the contractor is entitled to demand the agreed remuneration ; however , he must allow set-off of the expenses he saves as a result of cancelling the contract or acquires or wilfully fails to acquire from other use of his labour . There is a presumption that the contractor is accordingly entitled to five percent of the remuneration accounted for by the part of the work not yet provided .
=U4= Sec650 -- Section 650 Cost estimate
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=S=> BGB 650. 1 If the contract is based on a cost estimate without the contractor guaranteeing the accuracy of the estimate and if it turns out that the work cannot be carried out without substantially exceeding the estimate , then the contractor is only entitled , if the customer terminates the contract for this reason , to the claim specified in section 645 ( 1 ) .
=S=> BGB 650. 2 If such exceeding of the estimate is to be expected , then the contractor must notify the customer of this without undue delay .
=U4= Sec651 -- Section 651 Application of sale of goods law* )
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=S=> BGB 651 The provisions of sale of goods law are applicable to a contract dealing with the supply of movable things to be produced or manufactured . Section 442 ( 1 ) sentence 1 also applies to these contracts if the defect is caused by the material supplied by the customer . To the extent that the movable things to be produced or manufactured are not fungible things , sections 642 , 643 , 645 , 649 and 650 apply , subject to the proviso that the applicable point of time under sections 446 and 447 takes the place of acceptance .
=S=> BGB 651.* ) Official note : This provision serves to implement Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees ( OJ L 171 , p . 12 ) .
=U3= UTit2 -- Subtitle 2 Package travel contract* ) * ) Official note : This subtitle serves to implement Council Directive 90/314/EEC of the European Parliament and of the Council of 13 June 1990 on package travel , package holidays and package tours ( OJ L 158 , p . 59 ) .
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=U4= Sec651a -- Section 651a Typical contractual duties in a package travel contract
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=S=> BGB 651a. 1 By a package travel contract , a travel organiser is obliged to render for the traveller a complete set of travel services ( travel package ) for the traveller . The traveller is obliged to pay the travel organiser the agreed price for the travel package .
=S=> BGB 651a. 2 A declaration that the only contracts being arranged are contracts with the persons who are to carry out the individual travel services ( service providers ) will be disregarded if the other circumstances create the impression that the party making the declaration is performing the contractually provided travel services on his own responsibility .
=S=> BGB 651a. 3 The travel organiser must provide the traveller with a document on the package travel contract ( travel confirmation ) when the contract is entered into or without undue delay after the contract is entered into . The travel confirmation and a brochure provided by the travel organiser must include the information specified in the statutory order made under Article 238 of the Introductory Act to the Civil Code [ Einführungsgesetz zum Bürgerlichen Gesetzbuch ] .
=S=> BGB 651a. 4 The travel organiser may only increase the travel price if this is provided for in the contract with precise information on the calculation of the new price and if in doing this he is taking into account an increase in transport costs , charges for specific services , port or airport fees or a change in the foreign exchange rates relating to the travel package in question . A price increase demanded after the twentieth day prior to the agreed date of departure is ineffective . Section 309 no . 1 remains unaffected .
=S=> BGB 651a. 5 The travel organiser must declare a change in the travel price under subsection ( 4 ) , an admissible change of an essential travel service or an admissible cancellation of the travel package to the traveller without undue delay after being informed of the reason for change or the cancellation . In the event of an increase in the travel package price by more than five per cent or of a substantial change of an essential travel service , the traveller may withdraw from the contract . He may instead , just as in the case of a cancellation of the travel package by the travel organiser , demand to be able to participate in another travel package of at least equivalent value if the travel organiser is in a position to offer such a travel package from his programme without any extra charge to the traveller . The traveller must assert these rights to the travel organiser without undue delay after the declaration by the travel organiser .
=U4= Sec651b -- Section 651b Transfer of contract
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=S=> BGB 651b. 1 Until the commencement of the travel package , the traveller may demand that a third party takes over the rights and duties under the package travel contract in his place . The travel organiser may object to such taking over of the contract by a third party if the third party does not satisfy the specific travel requirements or if the participation of the third party is contrary to statutory regulations or official orders .
=S=> BGB 651b. 2 If a third party takes over the contract , then the third party and the traveller are liable to the travel organiser as joint and several debtors for the travel price and any extra charges incurred by the third party taking over the contract .
=U4= Sec651c -- Section 651c Relief
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=S=> 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 .
=U4= Sec651d -- Section 651d Reduction of price
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=S=> BGB 651d. 1 If the travel package is defective within the meaning of section 651c ( 1 ) , then the travel package price is reduced for the duration of the defect subject to the provisions of section 638 ( 3 ) . Section 638 ( 4 ) applies with the necessary modifications .
=S=> BGB 651d. 2 The reduction of price is not made to the extent that the traveller culpably fails to make notification of the defect .
=U4= Sec651e -- Section 651e Termination for defect
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=S=> 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 .
=S=> BGB 651e. 2 Termination is only admissible if the travel organiser has let a reasonable period of time set by the traveller pass without providing relief . A period of time need not be specified if the relief is impossible or is refused by the travel organiser or if immediate termination of the contract is required by a particular interest of the traveller .
=S=> BGB 651e. 3 If the contract is terminated , then the travel organiser loses his claim to the agreed package price . However , he may demand compensation to be assessed under section 638 ( 3 ) for travel services already provided or yet to be provided in order to bring the travel package to an end . This does not apply to the extent that the traveller has no more interest in these services as the result of the cancellation of the contract .
=S=> BGB 651e. 4 The travel organiser is obliged to take measures necessitated by cancellation of the contract , including without limitation , if the contract includes return transport , to transport the traveller back . Extra costs are borne by the travel organiser .
=U4= Sec651f -- Section 651f Damages
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=S=> BGB 651f. 1 Notwithstanding any reduction of price or notice of termination , the traveller may demand damages for nonperformance unless the defect in the travel package resulted from a circumstance for which the travel organiser is not responsible .
=S=> BGB 651f. 2 If the travel package is made impossible or significantly impaired , then the traveller may also demand appropriate compensation in money for holiday leave spent to no avail .
=U4= Sec651g -- Section 651g Cut-off period ; limitation
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=S=> BGB 651g. 1 Claims under sections 651c to 651f must be asserted by the traveller to the travel organiser within one month of the contractually provided end of the travel package . Section 174 is not applicable . After the end of the period of time , the traveller may only assert claims if he was prevented from complying with the period of time through no fault of his own .
=S=> BGB 651g. 2 Claims by the traveller under sections 651c to 651f are subject to a two-year limitation period . The limitation period commences on the day on which the travel package was to end under the contract .
=U4= Sec651h -- Section 651h Admissible limitation of liability
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=S=> BGB 651h. 1 The travel organiser may , by agreement with the traveller , limit his liability for damage that does not constitute bodily injuries to three times the package price to the extent that damage suffered by the traveller was caused neither intentionally nor with gross negligence or to the extent that the travel organiser is responsible for damage suffered by the traveller merely due to the fault of a service provider .
=S=> BGB 651h. 2 If international agreements or statutory provisions based on international agreements apply to travel services to be rendered by a service provider and provide that a claim for damages is incurred or may be asserted only under certain conditions or with certain restrictions or is barred under certain conditions , then the travel organiser may also invoke this in relation to the traveller .
=U4= Sec651i -- Section 651i Withdrawal prior to commencement of travel
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=S=> BGB 651i. 1 Prior to commencement of travel , the traveller may withdraw from the contract at any time .
=S=> BGB 651i. 2 If the traveller withdraws from the contract , then the travel organiser loses his claim to the agreed package price . He may , however , demand appropriate compensation . The amount of such compensation is determined by the price of the travel package minus the value of the expenses saved by the travel organiser and what he can gain by alternative deployment of the travel services .
=S=> BGB 651i. 3 In the contract , for each type of travel package , taking into account the customarily saved expenses and the customary potential savings from alternative deployment of the travel services , a percentage of the package price may be specified as compensation .
=U4= Sec651j -- Section 651j Termination due to force majeure
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=S=> BGB 651j. 1 If the travel package is substantially obstructed , jeopardised or impaired as the result of force majeure not foreseeable when the contract was entered into , then both the travel organiser and the traveller may terminate the contract merely under this provision .
=S=> BGB 651j. 2 If the contract is terminated under subsection ( 1 ) , then the provisions of section 651e ( 3 ) sentences 1 and 2 and 651e ( 4 ) sentence 1 apply . Extra costs for return transport are to be borne by the parties one-half each . Apart from this , extra costs are borne by the traveller .
=U4= Sec651k -- Section 651k Guarantee ; payment
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=S=> BGB 651k. 1 The travel organiser must guarantee that the traveller is reimbursed the price of the travel package paid to the extent that travel services fail to materialise due to insolvency or the commencement of insolvency proceedings relating to the assets of the travel organiser , and necessary expenses incurred by the traveller for return travel due to insolvency or the commencement of insolvency proceedings relating to the assets of the travel organiser . The duties under sentence 1 may only be performed by the travel organiser by means of an insurance policy taken out with an insurance company authorised to conduct business operations within the area of application of this Code , or by the promise of payment of a banking institution authorised for business operations within the area of application of this Code .
=S=> BGB 651k. 2 The insurer or the banking institution ( customer finance guarantor ) may limit its liability for the total amounts to be reimbursed by it in one year to 110 million euros . If the total of the amounts to be reimbursed by a customer finance guarantor under this law in one year exceed the maximum amounts stated in sentence 1 , then the individual reimbursement claims will be reduced in the ratio of their total amount to the maximum amount .
=S=> BGB 651k. 3 To discharge his duty under subsection ( 1 ) , the travel organiser must provide the traveller with a direct claim on the customer finance guarantor and must evidence it by handing over a confirmation ( guarantee certificate ) issued by the customer finance guarantor or at its behest . The customer finance guarantor may not invoke , in relation to a traveller to whom a guarantee certificate has been handed out , either objections under the customer finance guarantor contract or the fact that the guarantee certificate was only issued after termination of the customer finance guarantor contract . In the cases referred to in sentence 2 , the claim of the traveller against the travel organiser passes to the customer finance guarantor to the extent that the latter satisfies the claim of the traveller . A travel agent is under a duty to the traveller to check the validity of the guarantee certificate when he hands it over to the traveller .
=S=> BGB 651k. 4 The travel organiser and the travel agent may only demand or accept payments towards the package price from the traveller prior to the end of the travel package if a guarantee certificate has been given to the traveller . A travel agent is deemed to be authorised by the travel organiser to accept payments towards the package price if he hands over a guarantee certificate or if other circumstances attributable to the travel organiser show that he has been entrusted by the travel organiser to negotiate travel contracts on his behalf . This does not apply if acceptance of payments by the travel agent is excluded in relation to the traveller in a conspicuous form .
=S=> BGB 651k. 5 If , at the time when the contract is entered into , the travel organiser has his principal place of business in another Member State of the European Communities or in another contracting state to the Agreement on the European Economic Area , then the travel organiser also discharges his duties under subsection ( 1 ) if he gives the traveller security in compliance with the provisions of the other state and if those provisions satisfy the requirements of subsection ( 1 ) sentence 1. Subsection ( 4 ) applies subject to the proviso that the provision of security must be evidenced to the traveller .
=S=> BGB 651k. 6 Subsections ( 1 ) to ( 5 ) do not apply if the travel organiser only organises travel occasionally and outside his commercial activities , the travel package does not last longer than twenty-four hours , does not include an overnight stay and the package price does not exceed seventy-five euros , the travel organiser is a legal person under public law whose assets may not be the object of insolvency proceedings .
=U4= Sec651l -- Section 651l Exchange student stays
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=S=> BGB 651l. 1 The provisions below apply to a package travel contract dealing with a stay of an exchange student with a host family in another state ( host country ) , lasting at least three months and coupled with regular attendance at a school . They only apply to a package travel contract dealing with a shorter exchange student stay ( sentence 1 ) , or with a stay with a host family in the host country coupled with the organised conduct of a traineeship , if this has been agreed .
=S=> BGB 651l. 2 The travel organiser is obliged to ensure lodging , supervision and care for the exchange student in a host family that are appropriate according to the conditions in the guest country with the cooperation of the exchange student and to create the necessary conditions for regular school attendance by the exchange student in the host country .
=S=> BGB 651l. 3 If the traveller withdraws prior to the start of the travel package , section 651i ( 2 ) sentences 2 and 3 and ( 3 ) are not applicable if the travel organiser has not informed him at least two weeks prior to the start of the travel package at all events of the name and address of the host family specified for the exchange student after his arrival , and the name and accessibility of a contact person in the host country from whom assistance may also be demanded , and appropriately prepared him for the stay .
=S=> BGB 651l. 4 The traveller may terminate the contract at any time prior to the start of the travel package . If the traveller gives notice , then the travel organiser is entitled to demand the agreed package price minus the expenses saved . The travel organiser is obliged to take the measures necessitated by termination of the contract , in particular , without limitation , if the contract includes return transport , transporting the exchange student back home . Extra costs are borne by the traveller . The sentences above do not apply if the traveller may give notice in accordance with sections 651e or 651j.
=U4= Sec651m -- Section 651m Deviating agreements
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=S=> BGB 651m Subject to sentence 2 , no deviation may be made from the provisions of sections 651a to 651l to the disadvantage of the traveller . The limitation specified in section 651g ( 2 ) may be relaxed , but not , prior to notification to the travel organiser of a defect , if the agreement results in a limitation of less than one year from the beginning of the period of limitation set in section 651g ( 2 ) sentence 2.
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