(1) Insofar as the contract of carriage does not relate to the carriage of letters or of similar items, the liability provisions in section 413 (2), section 414, section 418 (6), section 422 (3), sections 425 to 438, section 445 (3) and section 446 (2) may be modified only by an agreement reached after detailed negotiations, whether for one or several similar contracts between the same parties. However, vis-à-vis a consignee who is identified in the consignment bill and to whom the consignment bill has been submitted or vis-à-vis any third party to whom the consignment bill has been transferred, the carrier may not invoke a provision made in the consignment bill that deviates from the rules specified in sentence 1 to the detriment of the person entitled under the consignment bill.
(2) In derogation from subsection (1), the compensation payable by the carrier for loss of or damage to the goods may be restricted also by standard terms of contract to an amount other than that provided for by section 431 subsections (1) and (2) if this amount
1. lies between 2 and 40 units of account and the users of the standard terms of contract make appropriate reference to the fact that such conditions provide for an amount other than that provided for by law, or
2. is less favourable to the user of the standard terms of contract than the amount provided for by section 431 subsections (1) and (2).
Furthermore, contrary to subsection (1), the compensation payable by the sender pursuant to Section 414 may be limited in terms of its amount by standard terms of contract.
(3) If the sender is a consumer, then the provisions made in subsection (1) sentence 1 in no case may be modified by agreement to the sender’s detriment, unless the contract of carriage relates to the carriage of letters or of similar items.
(4) If the contract of carriage is subject to foreign law, then subsections (1) to (3) nevertheless apply, provided that according to the contract both the place of taking over of the goods and the place designated for delivery are situated in Germany.