(1) Insofar as the forwarding contract does not relate to the dispatch of letters or of similar items, the liability provisions in section 455 subsections (2) and (3), section 461 (1), and sections 462 and 463 may be modified only by an agreement reached after detailed negotiations, whether for one or several similar contracts between the same parties.
(2) In derogation from subsection (1), the compensation payable by the forwarder for loss of or damage to the goods may be limited 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 user of the standard terms of contract makes 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, the compensation payable by the sender pursuant to section 455 (2) or (3) may be limited in terms of its amount by standard terms of contract.
(3) Section 458 sentence, section 459 sentence 1 and section 460 (2) sentence 1 may be modified by contractual agreement only to the extent that the provisions referred to therein permit modifying agreements.
(4) If the sender is a consumer, then the provisions specified in subsection (1) in no case may be modified by agreement to the sender’s detriment, unless the forwarding contract relates to the carriage of letters or of similar items.
(5) If the forwarding contract is subject to foreign law, subsections (1) to (4) 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.