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Book 2 · Law of obligations  ›  Division 2 · Drafting contractual obligations by means of standard business terms › Section 305a

Incorporation in special cases

The following are incorporated, even without compliance with the requirements cited in section 305 (2) nos. 1 and 2, if the other contractual party agrees to their applying:

1.  the tariffs and regulations of the railways issued with the approval of the competent transport authority or on the basis of international conventions, and the terms of transport approved under the Passenger Transport Act (Personenbeförderungsgesetz), of trams, trolley buses and motor vehicles in regular public transport services,

2.  the standard business terms published in the gazette of the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railway (Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen) and kept available on the business premises of the user,

a)  into transport contracts concluded off business premises by the posting of items in post boxes,

b)  into contracts on telecommunications, information services and other services that are provided directly by the use of distance communication and at one time and without interruption during the supply of a telecommunications service, if it is disproportionately difficult to make the standard business terms available to the other party before the contract is concluded.

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