(1) The shipper may terminate the contract for the carriage of general cargo at any time.
(2) If the shipper so terminates the contract, the carrier may claim either:
1. the agreed freight, as well as any expenditures that the carrier is entitled to have refunded, after setting off any expenses it saved as a result of the termination of the contract, or anything it acquired or failed, in bad faith, to acquire; or
2. payment of one third of the freight agreed (dead freight, Fautfracht).
If the termination is based on reasons within the sphere of risks to be borne by the carrier, then no claim to payment of Fautfracht pursuant to sentence 1 no. 2 will arise; in such event, the entitlement pursuant to sentence 1 no. 1 likewise will lapse insofar as the carriage is of no interest to the shipper.
(3) If goods have already have been loaded and stowed prior to the termination, then the carrier is entitled to take, at the shipper’s cost, the measures set out in section 492 (3) sentences 2 to 4. Where the termination is based on grounds within the sphere of risks to be borne by the carrier, the carrier is to bear the costs, notwithstanding sentence 1.