(1) The lender is to offer to the borrower advisory services within the meaning of subsection (2) if the borrower has made use of the overdraft facility made available to them continuously for a period of six months and, on average, in an amount in excess of 75 per cent of the maximum amount agreed upon. If the account statement for the current account is issued on a quarterly basis, then the point in time relevant for the prerequisites set out in sentence 1 to be given is the respective account statement. The offer to provide advisory services is to be made to the borrower in text form using that channel of communications that is customarily used in contacting the borrower. The offer to provide advisory services is to be documented.
(2) If the borrower accepts the offer, then they are to be advised on the low-cost alternatives to using the overdraft facility that are potentially available, as well as on the potential consequences of continuing the overdraft of the current account, and, depending on the circumstances, the borrower is to be made aware of suitable advisory agencies. The advisory services are to be provided in the form of a personal conversation. Means of distance communication also may be used for this purpose. The place and the date of the advisory conversation are to be documented.
(3) If the borrower does not accept the offer of advisory services, or if no agreement is concluded for a suitable financial product at lower cost, the lender is to repeat the offer to provide advisory services if the prerequisites set out in subsection (1) are met once again. This does not apply if the borrower expressly declares that they do not wish to receive any further corresponding offers of advisory services.