(1) The provisions of Chapters 1 and 2 of this Subtitle are to be applied to consumer contracts in which the consumer enters into obligation to pay a price.
(1a) The provisions of Chapters 1 and 2 of this Subtitle also are to be applied to consumer contracts in which the consumer makes available personal data to the trader or enters into obligation to do so. This does not apply if the trader processes the personal data provided by the consumer exclusively in order to comply with its duty of performance or legal requirements made of it, and does not process them for any other purpose.
(2) Of the provisions set out in Chapters 1 and 2 of this Subtitle, solely section 312a (1), (3), (4), and (6) is to be applied to the following contracts:
1. contracts that have been recorded by a notary
a) and that relate to financial services, where such contracts are off-premises contracts,
b) and that do not constitute a contract relating to financial services; this applies to contracts, regarding which the law does not require the contract or the declaration as to the conclusion of a contract to be recorded by a notary, solely in those cases in which the notary instructs the parties that the obligations to provide information pursuant to section 312d (1) and the right of withdrawal pursuant to section 312g (1) have ceased to apply;
2. contracts relating to the creation, acquisition or transfer of ownership of plots of land or other rights to same,
3. construction contracts with consumers pursuant to section 650i (1),
4. (repealed)
5. contracts relating to the carriage of passengers,
6. timeshare contracts, long-term holiday product contracts, brokerage contracts and exchange system contracts pursuant to sections 481 to 481b,
7. treatment contracts pursuant to section 630a,
8. contracts relating to the supply of food products, beverages or other household objects of everyday use that are supplied to the residence, place of abode or place of employment of a consumer by a trader in the course of frequent and regular rounds,
9. contracts that are concluded with the use of automatic vending machines and automated business premises,
10. contracts for the use of public payphones that are concluded with telecommunications operators through such public payphones,
11. contracts concluded for the use of one single connection by telephone, Internet or fax established by a consumer,
12. off-premises contracts, in which the performance is immediately rendered and paid for at the conclusion of the negotiations and the remuneration to be paid by the consumer does not exceed 40 euros, and
13. contracts relating to the sale of movable things by way of compulsory enforcement or other measures instructed by a court.
(3) Solely the following of the provisions set out in Chapters 1 and 2 of this Subtitle apply to contracts relating to social services, such as childcare and support of families and persons permanently or temporarily in need, including long-term care:
1. the definitions of off-premises contracts and of distance contracts pursuant to sections 312b and 312c,
2. section 312a (1) regarding the disclosure obligation in the case of telephone calls,
3. section 312a (3) regarding the effectiveness of an agreement directed towards obtaining extra payment in addition to the remuneration agreed upon for the principal performance,
4. section 312a (4) regarding the effectiveness of an agreement for fees for the use of means of payment,
5. section 312a (6),
6. section 312d (1) in conjunction with Article 246a section 1 (2) and (3) of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche) regarding the obligation to inform on the right of withdrawal, and
7. section 312g regarding the right of withdrawal.
(4) Of the provisions made in Chapters 1 and 2 of this Subtitle, solely the stipulations set out in subsection (3) numbers 1 through 7 apply to contracts relating to the rental of accommodation for residential purposes. The stipulations set out in subsection (3) numbers 1, 6, and 7 do not apply, however, to the creation of a lease for accommodation serving residential purposes if the lessee has previously inspected the dwelling.
(5) In the case of contractual relationships relating to banking services and services of a credit, insurance, personal pension, investment or payment nature (financial services), that consist of an initial agreement with transactions following upon it or a series of separate transactions following upon it of the same nature performed close in time, the provisions made in Chapters 1 and 2 of this Subtitle apply only to the first agreement. Section 312a (1), (3), (4) and (6) additionally applies to each transaction. Where the transactions set out in sentence 1 follow one another without such an agreement, the provisions on the duties of a trader to provide information apply only to the first transaction. However, if no transaction of the same type occurs for longer than one year, the next transaction is deemed to be the first transaction of a new series within the meaning of sentence 3.
(6) Of the provisions made in Chapters 1 and 2 of this Subtitle, solely section 312a (3), (4) and (6) applies to contracts relating to insurance policies as well as to contracts relating to the brokerage of such policies.
(7) Of the provisions made in this Subtitle, solely sections 312a (3) to (6), sections 312i, 312j (2) to (5) and section 312k are to be applied to package travel contracts as defined in sections 651a and 651c; these provisions are to be applied also if the traveller is not a consumer. If the traveller is a consumer, then section 312g (1) also is to be applied to package travel contracts defined in section 651a that are off-premises contracts, unless the oral negotiations on the basis of which the contract was concluded were conducted in response to a previous order placed by the consumer.