Conditions of Use


(1)    Applicability

The business relationship between Springforelle and the purchaser of goods and/or other products offered on the Springforelle website is exclusively governed by the following term and conditions. We do not agree to or otherwise accept our customer’s own terms and conditions, unless we expressly agree to them in writing.

(2)    Contract conclusion

A binding contractual relationship embedding our general terms and conditions between the purchaser and Springforelle is entered into by the customer when he sends his data entered in the order form to Springforelle by clicking the button "send order" or by pressing the "Enter" key . Either constitutes a binding bid that results in the according contract once Springforelle accepts this offer either by written confirmation, also by e-mail, or by delivery within reasonable time.

Springforelle reserves the right to accept the offer especially in the case that
  • Springforelle has reasonable evidence to assume that the purchaser might not fulfil his contractual obligations (e.g. because of the specifications of the particular order or contractual misconduct or other legal misbehaviour of the purchaser in other legal transactions, or
  • in case our web pages should contain any typing error, misprint, or miscalculation underlying the purchaser's specific order.
The wording of each order will be stored by Springforelle after the conclusion of the contract. The purchaser may obtain information about the wording and the state of his order by telephone +49 30 39 48 04 42.

(3)    Procession of orders

By submitting an order the customer declares acceptance of our delivery conditions. We will process with your order immediately upon receipt of your payment on our bank account. Statements about specific delivery times are for information only and always quoted without any according responsibility if not for once a specific date has explicitly been guaranteed in writing.

Any cancellation of an order - if not based on the customer’s right of withdrawal as set out under cipher 6 - can only be dealt with, if it comes to the attention of Springforelle together with the order.

(4)    Delivery

Delivery takes place only against prepayment. When the payment has been received delivery takes place within a week with Deutsche Post, DHL or Hermes.

If not agreed otherwise, the order will be delivered to the delivery address provided by the purchaser.

Costs for shipping and handling are displayed before the customer is asked to confirm the order on the order page. Mode of dispatch and service are determined by Springforelle.

Whenever a customer orders multiple products in one order, Springforelle will try to ship all products ordered by the customer in a single shipment. Still, Springforelle is also entitled to part-delivery. The customer will not be billed for additional costs resulting from a part-delivery.

(5)      General travel conditions

5.1. Conclusion of the travel contract / customer obligation

5.1.1. With the reservation (travel registration); the customer bindingly concludes the travel contract with Springforelle, the tour operator. The basis of this offer are the travel description and the additional information provided by the tour operator for the respective journey provided these have been made available to the customer.

5.1.2. Travel agencies and service providers (e.g. hotels, transportation companies) are not authorised by the tour operator to make arrangements, supply information or make any assurances that may modify the travel contract agreed upon or that exceed the services the tour operator has pledged to provide in the contract or that contradict the travel description.

5.1.3. City, hotel or internet prospectuses that have not been published by the tour operator are not binding for the tour operator and there is no obligation to render services, unless by express agreement with the customer, these descriptions are made the object of travel description or content of the tour operator’s obligations to render services.

5.1.4. The reservation can be made verbally, in writing, by telephone, by fax or electronically (e-mail, internet). In the event of electronic reservations, the tour operator will confirm receipt of the reservation electronically. This confirmation of receipt of the reservation does not yet confirm the acceptance of the reservation itself.

5.1.5. The customer is responsible for all contractual travel obligations concerning himself and companions for which he has booked the travel service, provided the customer agreed to this obligation through an explicit express and separate declaration.

5.1.6. The contract becomes effective once the tour operator confirms the booking. This confirmation is not bound to any specific form. Upon conclusion of the contract or immediately after, the tour operator will provide the customer with a written confirmation. He is not obliged to do so if the customer makes the reservation less than seven business days prior to the beginning of the journey.

5.1.7. If the content of the booking confirmation differs from the content of the reservation, then this is to be considered a new offer made by the tour operator to which the operator will be bound for a period of 10 days. The contract becomes effective based on this new offer if the customer expressly confirms to the tour operator to accept the offer and/or if the customer makes payment of the travel price within this binding 10-day period.

5.2. Payment

5.2.1. After conclusion of the travel contract, an initial payment of 20 % of the travel price is due. The remaining amount is due no later than 4 weeks before the beginning of the journey, at the latest when the travel documents are handed over. To protect the customers’ money, the tour operator has taken out insolvency insurance cover (see paragraph 5.19). The customer receives the risk coverage certificate together with the travel confirmation.

5.2.2. If the journey does not exceed 24 hours, does not include an overnight stay and if the travel price per traveller does not exceed € 75, payments of the travel price can be asked without a risk coverage certificate.

5.2.3. If the customer does not settle the payment of the travel price within the period agreed, the tour operator has the right to withdraw from the travel contract provided he has issued a warning in which a withdrawal deadline has been specified and to charge the customer withdrawal fees according to paragraph 5.4.

5.2.4. For short-term bookings (i.e. bookings made within 4 weeks prior to the beginning of the journey), the full travel price is due immediately.

5.3. Modification to services / prices by the agent

5.3.1. Modifications of essential travel services agreed upon in the travel contract, which become necessary after conclusion of the contract and that are made by the tour operator in good faith are only permitted if they are not considerable and do not affect the overall travel package.

5.3.2. Any warranty claims remain unaffected should the modified services prove insufficient.

5.3.3. The tour operator is obliged to inform the customer of any essential modifications to services as soon as the tour operator becomes aware of the reason to make these modifications.

5.3.4. If a significant modification is made to an essential travel service, the customer has the right to withdraw from the travel contract free of charge or to take part in a journey of at least the same value provided the tour operator can offer such journey without any additional expenses for the customer. The customer must make use of these rights immediately after the tour operator declares the modification of a travel service or the cancellation of the journey.

5.4. Customer withdrawal prior to beginning of the journey / cancellation fees

5.4.1. The customer can withdraw from the journey at any time prior to the beginning of the journey by notifying the agent in writing or... The statement (recommended: withdrawal in writing) becomes effective on the date on which it is received by the tour operator.

5.4.2. If the customer withdraws prior to the beginning of the journey or if he does not start the journey, the tour operator loses all claims to the travel price. Instead, the tour operator may claim an appropriate reimbursement for any travel preparations he has already made and his expenditures depending on the individual travel price, provided he is not responsible for the withdrawal or if the withdrawal is a result of force majeure.

5.4.3. The tour operator has scaled this reimbursement claim chronologically, i.e. taking into consideration the closeness of the time of the withdrawal to the contractually agreed beginning of the journey generalised in a percentage proportion of the travel price and has considered any normally saved expenses and possibly other usage of travel service in the calculation of the reimbursement. The reimbursement is calculated as follows according to the date at which the customer has declared the withdrawal:

20 % up to the 50th day before beginning of the journey
50 % between the 49th and 35th day before beginning of the journey
80 % between the 34th and 8th day before beginning of the journey
90 % from the 7th day before beginning of the journey

5.4.4. It is the responsibility of the customer to prove to the tour operator that no or significantly lower damage has been incurred than the reimbursement fee claimed by the tour operator. The tour operator reserves the right to charge higher reimbursement fees than those specified above provided the tour operator proves that expenditure significantly higher than the fee incurred. In this case, the tour operator is obliged to specifically list and prove verification of the claimed reimbursement taking into consideration the expenditure and any other potential use for the travel services.
The statutory right of the customer to place a substitute participant in accordance with § 651b BGB (German Civil Code), remains unaffected by the conditions listed above.

5.5. Changes to reservations

5.5.1 After conclusion of the contract, the customer has no claim to changes as to the date of the journey, the destination, the place where the journey begins, the accommodation nor the means of transport (changes to reservations). If a change to reservations is made at the customer’s request, the tour operator can charge the traveller a re-booking fee of € 50 per traveller up to 30 days prior to the beginning of the journey. The customer shall also pay any demonstrably higher re-booking fees that may arise. From the 29th day before the beginning of the journey, customer requests for changes to reservations can only be carried out by cancelling the travel contract in accordance with the conditions under paragraph 4 and combined with new registration. This shall not apply to requests for changes to reservations that only involve minor expenses.

5.5.2. Up to 14 days prior to beginning of the journey, the customer can allow himself to be replaced by a third party in the making of the journey. Additional expenses that may be incurred as a result are charged to the customer; however, a fee of € 50 will always apply. The tour operator can reject the change of traveller if that third party does not meet the respective travel requirements or if the change would conflict with legal regulations or regulatory standards.

5.5.3. Customer requests for changes to reservations that are made after the stated deadline can only be carried out after cancellation of the travel contract in accordance with the conditions stated in paragraph 4.2 and combined with a new registration, if the tour operator agrees to such a request and if such a request is at all possible. This shall not apply to requests for changes to reservation that only involve minor expenses.

5.6. Services not used

If the customer does not make use of individual travel services duly made available to him for reasons attributable to him (e.g. due to early return from the journey or due to other compelling reasons), he has no claim to proportional reimbursement of the travel price. The tour operator will try to seek reimbursements for the saved expenditures from the relevant service provider. This obligation is inapplicable to fully insignificant services or if the reimbursement conflicts with statutory or official regulations.

5.7. Withdrawal due to failure to obtain the minimum number of participants

The tour operator can withdraw from the travel contract due to a failure to obtain the minimum number of participants,
- if he has listed a minimum number of participants in the respective travel description as well as the point in time by which the traveller must be informed prior to the beginning of the journey contractually agreed-upon and
- if he clearly lists the minimum number of participants in the travel confirmation as well as the latest date of possible withdrawal or refers to the relevant details in the travel description.
A withdrawal is to be declared to the customer no later than 4 weeks prior to the agreed beginning of the journey. The customer must not receive the declaration of withdrawal after the due date of the remaining travel costs, but in any event no later than 14 days prior to beginning of the journey.
If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, the tour operator can exercise his right of withdrawal immediately. If the journey is not undertaken for this reason, the customer is immediately refunded any payments on the travel price.

5.8. Notice of termination for reasons of conduct

The tour operator can cancel the travel contract irrespective of any deadline, if the customer disturbs persistently despite being warned by the tour operator or if he shows such a contract-breaching manner that justifies the immediate termination of the contract. Coarse violations (criminal acts such as bodily harm, theft, drug consumption, wilful damage to property) may result in immediate exclusion. If the tour operator cancels the journey, he retains the claim to the travel price; however he must deduct the value of the saved expenditures as well as of those benefits he obtains from using a service not called upon otherwise including any amounts credited to him by the relevant service providers.

5.9. Cancellation of the contract due to extraordinary circumstances

If the journey is significantly hindered, endangered or impacted due to force majeur that could not be foreseen when the contract was concluded, both the tour operator as well as the traveller may cancel the contract. If the contract is cancelled, the tour operator may claim reasonable compensation for travel services already rendered or still to be rendered in order to terminate the journey. Moreover, the tour operator is obliged to take all necessary measures to provide return transport for the traveller, if the contract includes return transport. The additional expenses for the return transport are to be borne equally by both parties. Otherwise, the traveller bears the additional expenses.

5.10. Customer’s duties of cooperation

5.10.1. Notification of defects

If the travel package is not provided according to the contract, the customer may reclaim compensation. However, the customer is obliged to notify the tour operator immediately of any defect that has occurred. If he culpably fails to do so, a reduction of the travel price will not apply. This conclusion does not apply if the notification is clearly futile or is unreasonable for other reasons. The customer is obliged to give notification of defects to the tour management immediately in the holiday resort. If no tour management is present in the holiday resort, the tour operator should be informed about travel deficiencies at the registered office. The customer will be informed about the availability of the tour management/the tour operator in the service description or upon receipt of the travel documents at the latest. The tour management is instructed to provide relief, given that is possible. However, the tour management is not authorised to validate any claims made by the customer.

5.10.2. Setting a deadline before notice of termination

If a customer wishes to withdraw from the travel contract due to travel deficiencies as outlined in § 615c BGB or § 616e BGB or if the journey is unacceptable for the traveller for a reason obvious to the tour operator, the customer is to give the tour operator a reasonable period of time to try to correct the problem. This does not apply if remedy is not possible or rejected by the tour operator or if the immediate withdrawal from the contract is justified by any particular interest of the customer recognisable to the tour operator.

5.10.3. Damaged and delayed baggage

In the event of damage or delay in the delivery of baggage after flights, the tour operator recommends that the customer immediately notifies the respective air carrier at the airport by submitting the Passenger Irregularity Report (PIR). Airlines usually refuse to provide reimbursement if the Passenger Irregularity Report has not been completed. In the event of damage, the Passenger Irregularity Report has to be submitted within 7 days and in the event of delay within 21 days after the issue date. Moreover, the loss, damage or misdirection of baggage shall be reported to the tour management or to the local representative of the tour operator.

5.10.4. Travel documents

If the customer does not receive the necessary travel documents (e.g. plane ticket, hotel vouchers) within the period given by the tour operator, he shall inform the tour operator.

5.11. Limitation of liability

5.11.1. Indemnities of the commercial liability insurance and the travel insolvency insurance of the tour operator are limited to the sum insured. The sum insured for personal injury and property damage is a flat rate of 3,000,000 EUR per insurance case. Potential claims for lost luggage in accordance with the Montreal Convention are not affected by this limitation.

5.11.2. The tour operator gives no catch guarantee, is not liable for the quality of caught fish nor for the effects of the commercial fishery or weather impacts on-site. The customer has to familiarise himself with the local legal fishing obligations and comply with them.

5.11.3. The tour operator is not liable for defaults in service, personal injuries or property damage connected to services which were only arranged as services rendered by an outside party (e.g. excursions, sport events, theatre visits, exhibitions, transport services from and to the advertised place of departure and destination), if these services have been explicitly identified in the travel description and in the booking confirmation as external services stating the arranging contractual partner so clearly that they are discernible to the customer as not being part of the travel service provided by the tour operator. The tour operator is not liable for local occurrences such as weather conditions, snow conditions, traffic jams.
However, the tour operator is liable for
- Services including the transport of the customer from the advertised place of departure to the advertised place of destination, interim transport during the journey and accommodation during the journey,
- If and as far as the damage suffered by a customer results from the tour operator’s failure to fulfil his obligation to inform, explain and organise.

5.11.4. The tour operator is not liable for the sports equipment of customers such as fishing rods, belly boat, etc. The customer is liable for equipment of any kind rented from the tour operator. In the event of damage or theft, a compensation needs to be paid.

5.11.5. The tour operator is not liable for damages self-inflicted by the customer during a programme/course or harm caused by the customer to the equipment entrusted to him or to other persons. This shall apply also to equipment connected to the programme/course.

5.11.6 The offered programmes/courses mainly take place outdoors and under difficult or even very difficult circumstances. Unfavourable weather conditions, such as rain, snow, fog or dust can make the circumstances even more difficult. The programmes/courses place special demands on the materials used as well as on the physical fitness of each customer. Therefore, each customer is asked to participate using only appropriately serviced equipment as well as standard safety equipment and to make a realistic estimate about his personal performance and ability. In the absence of such safety equipment, the tour operator reserves the right to exclude the customer from the programme/course. Participation without safety equipment is at the customer’s own risk.
Accidents and damages can never be fully prevented while angling, the following conditions apply to the participation in all programmes/courses: All claims for damages towards the tour operator regarding delay, inability to provide service, positive violation of contractual duty, fault at formation of the contract as well as unlawful act are excluded unless the damage has been caused by wilful violation or gross negligence.
The customer takes part in the programmes/courses at his own risk. The tour operator is only liable for possible accidents or damages if he is held responsible for its cause but not if other participants cause them or if they are due to insufficient protective clothing or safety equipment.

5.12. Insurances

The customer participates at sports activities of any kind and similar activities, which show particular risks (angling, hiking, wading in rough terrain, etc.) at his own risk. Therefore, each customer is responsible for his own sufficient insurance cover. We recommend: Accident insurance including rescue and helicopter costs, travel cancellation insurance, liability insurance.

5.13. Exclusion of claims

The customer shall file any claims for failure of performance relating to the journey within one month after the contractually defined end of the journey. The claim shall be made to the tour operator within the deadline and to the address set out above in paragraph 19. After expiration of the deadline, the customer can assert claims only if he has been prevented from observing the deadline without actual fault.
However, this does not apply to the deadline for notification of baggage damage or baggage delay in connection with flights according to paragraph 5.10.3. These have to be reported within 7 days in the case of baggage damage and within 21 days in the case of baggage delay after issuance.

5.14. Travel Programmes

By registering, the customer declares that there are no medical reservations with respect to participating in respective trip programmes. During the tour programme, the customer must follow the instructions of the instructors and supervisors. Violations against these conditions will result in immediate exclusion without any rights to reimbursement. Customers who book a tour programme must meet the respective requirements (constitutional, physical and psychological). Costs of services not used will not be reimbursed.

5.15. Limitation

5.15.1. Customer claims according to §§ 651c to f BGB (German Civil Code) resulting from infringements on life, body or health of the customer which stem from a culpable injury of an obligation of the tour operator or of a legal representative or agent through negligence or intent are subject to a two-year limitation period. This also applies to claims for compensation for other damages based on an intentional or grossly negligent culpable injury of an obligation of the tour operator or a legal representative or agent.

5.15.2. All other claims according to §§ 651 c - f are subject to a one-year limitation.

5.15.3. The limitation according to paragraph 15.1. and 15.2. is based on the day following the day the journey contractually ends.

5.15.4. If negotiations are in progress between the customer and the tour operator concerning a claim or the circumstances substantiating the claim, the limitation is suspended until the customer or the tour operator refuses to continue the negotiations. The limitation period shall expire no earlier than 3 months after the suspension ends.

5.16. Sources of information on the identity of the operating air carrier

According to the EU regulations concerning the information of the air passengers about the identity of the air carrier operating a flight, the tour operator is required to inform the customer of the identity of the air carrier for all transportation services to be made at the time the reservation is made. If at the time of the reservation the operating air carrier has not been terminated yet, the tour operator is obliged to inform the customer which airline will most likely operate the flight. The tour operator shall inform the customer as soon as he knows which air carrier will operate the flight. In the event of change of the air carrier announced to the customer as operating air carrier, the tour operator has to inform the customer immediately. He must immediately take all responsible steps to ensure that the customer is informed of the change as quickly as possible.
The “black list” can be found on the following webpage: http://ec.europa.eu/transport/modes/air/safety/air-ban/doc/list_de.pdf.

5.17. Passport, visa and health requirements

5.17.1. The tour operator will inform any citizens of a country of the European Union in which the journey is offered about regulations concerning passport, visa and health regulations before the conclusion of the contract and also of any possible modifications before the journey begins. Concerning nationals of other countries, the responsible consulate can give information. The provisions assume that there are no special circumstances concerning the customer or any accompanying passengers (e.g. dual citizenship, statelessness).

5.17.2. The customer is responsible for obtaining and carrying any necessary travel documents, any necessary immunisations and for adhering to customs and exchange control regulations. Any disadvantages due to the non-observance of these regulations, e.g. payment of withdrawal costs, are at the customer’s expense. This does not apply if the tour operator has failed to inform the customer adequately and correctly.

5.17.3. The tour operator shall not be liable for the timely issue and acquisition of any visas necessary from the respective diplomatic representative if the customer has commissioned the tour operator with the procurement of such visas unless the tour operator culpably infringes his obligations.

5.18. Applicable law and place of jurisdiction

5.18.1. German law is solely applicable to the contractual relationship between the customer and the tour operator. This applies for all legal relations.

5.18.2. If in the event of complaints of the customer against the tour operator in other countries German law was not used for the liability of the tour operator, only Germany law will be applied with regard to legal consequences, especially with regard to the manner, extent and amount of the customer’s claims.

5.18.3. The customer can only file a claim against the tour operator at the location of the tour operator’s offices.

5.18.4. For complaints filed by the tour operator against the customer, the customer’s place of residence will determine the jurisdiction. For complaints against customers respective contractual partners of the travel contract who are commercial representatives, legal persons of public or private law or who are persons whose residence or domicile are unknown at the time the complaint is filed, it is agreed that the tour operator’s offices will be the place of jurisdiction.

5.19. Tour operator

Springforelle
Boyenstr. 27
10115 Berlin
Tel.  +49 (0) 174 787 05 86
Fax  +49 (0) 30 39 49 37 05
Mail  pda7@springforelle.de
Chief Executive Officer Peer Doering-Arjes
VAT ID  DE136315942
All prices include insolvency insurance, the insurance company is: TourVers, Touristik- Versicherungs-Service GmbH

5.20. Ineffectiveness of individual conditions

The ineffectiveness of individual conditions of the travel contract does not result in the ineffectiveness of the contract as a whole. Instead of the ineffective regulation, a respective effective regulation, which gets closest to the will of the parties involved, shall apply.

(6)        Prices, payments, retention of title (conditional sale)

The price quoted for a product is the actual purchase price the customer has to pay Springforelle for the product and includes any applicable German VAT and all other price components. The price does not include costs for post and packing which will be quoted separately.

All prices and shipping and handling expenses are due with the confirmation of the order by Springforelle. We do not allow for deduction of cash discounts.

The amount due has to be transferred to the account of Springforelle before the order will be shipped to the customer.

In the case of return or in case of dishonour of a debit advice the purchaser herewith irrevocably authorises his bank to disclose/convey his name and effective address to Springforelle.

Ownership in all delivered goods remains with Springforelle until complete settlement.

The data of each order/transaction is recorded by Springforelle.

Customers are not entitled to set off any claims against Springforelle unless the respective claims of the customer are undisputed by Springforelle or legally ascertained by way of an enforceable court ruling.

(7)    Terms of Payment

The purchase price is due with the acceptance of the customer’s offer by Springforelle. We do not allow for deduction of cash discounts.

If the customer’s payment is delayed and further legal requirements are fulfilled Springforelle is entitled to charge interest of delay up to a rate of 5 % above the announced base rate p.a. of the Deutsche Bundesbank.

(8)    Wrong or faulty delivery

Unordered or faulty goods have to be returned by the customer to Springforelle with a precise labelling of the respective goods and a description of their specific defects or faultiness. Springforelle's original invoice has to be returned with the goods.

(9)    Warranty and liability

Springforelle warrants that any item is free of faults and defects when delivered to the customer. If a material defect/defect to quality should become evident within 6 months from the delivery of the item to the customer, it shall be assumed that the defect has already adhered to the item at the time of delivery, if such assumption should not be inconsistent with either the nature of the product or with the nature of the defect. Should a defect come to light later than 6 months after the delivery of the product to the customer, the customer has to prove that the product was already defective at the time of delivery.

Should goods delivered by Springforelle prove faulty/defective at delivery to the customer, the customer is entitled to claim remedy of defective performance ("Nacherfüllung") through Springforelle either by way of repair of any defects or by way of compensation delivery. In case the customer’s choice of remedy is disproportional to the value of the faulty goods Springforelle is free to choose the respective other type of remedy. In case both types should prove disproportional or in case Springforelle should not be able to fulfil either ways of remedy within reasonable time or fail with the remedy for any other reason, the customer is entitled to either withdraw from the contract or to claim a partial refund of the purchase price.

If Springforelle delivers a faultless item to compensate a claim for remedy, Springforelle shall be entitled to claim the return of the defective item by the customer.

(10)    Limitation of liability

Apart from claims for damages for death, bodily injuries and damages caused to health, Springforelle shall only be liable for damages where such damages have been caused by gross negligence or wilful intent or in a case of breach of a fundamental contractual obligation by Springforelle or its vicarious agents. A contractual obligation being fundamental if its fulfilment is necessary in the first place for the orderly performance of the contract as such and if the customer may regularly trust in its orderly fulfilment.

Any further liability of Springforelle for damages shall be excluded. All claims resulting from an explicit guarantee about specific properties and conditions of purchase goods given by Springforelle remain unaffected; the same applies to claims according to the German Product Liability Act (Produkthaftungsgesetz)

(11)    Jurisdictions

The laws of the Federal Republic of Germany apply exclusively, with explicit exclusion of the United Nations Contract for the International Sale of Goods, CISG ("UN-Kaufrecht").

The exclusive jurisdiction for all present and future claims resulting from the business relationships with businesses and merchants under the German Commercial Code ("Vollkaufleuten") including draft and cheque allowances is with the courts at the domicile of Springforelle in Berlin, Germany. The same jurisdiction applies if no common place of jurisdiction exists for the customer within Germany, the customer changes his inland residence or haunt after concluding a contract with Springforelle or the customer’s inland residence or haunt is unknown to the public at commencement of an action/the filing of a suit against the customer ("Klageerhebung").

Jurisdiction and place of fulfilment for all claims of Springforelle from all contracts and deliveries is Berlin, Germany.

(12)    General clause

In case certain provisions of the agreement between the customer and Springforelle including these provisions should be fully or partly invalid, or should the contract contain loopholes, the remaining provisions remain in full effect if not the elimination of the invalid clause would lead to a disadvantage for one of the contractual parties of such unacceptable extent that it cannot reasonably be expected from that party to be held to the contract.

In all other cases the according statutory legal stipulations and rulings shall be effective instead of an invalid or missing provision.

Berlin, 28. February 2018