The following translation is provided for the customer’s convenience only. The contractual language depends
on your SignUp-Country. This language (“SignUp-Language”) is binding in all respects. Constructions, meanings
or interpretations in the SignUp-Language shall prevail in case there is any inconsistency between the English
(convenience version) and the SignUp-Language version of all legal documents.
General Business Conditions
Version 1.2., effective from 07.02.2018
Basic Rules Governing the Relationship
Between the Customer and the Bank
1. Scope of Application and Amendments of these Business
Conditions and the Special Conditions for Particular Business
Relations
(1) Scope of Application
The General Business Conditions govern the entire business relationship between the Customer and the bank’s
domestic offices (hereinafter referred to as the “Bank”). In addition, particular business relations (securities
transactions, payment services and savings accounts, for example) are governed by Special Conditions, which
contain deviations from, and complements to, these General Business Conditions; they are agreed with the
Customer when the account is opened or an order is given. If the Customer also maintains business relations
with foreign offices, the Bank’s lien (No. 14 of these Business Conditions) also secures the claims of such foreign
offices.
(2) Amendments
Any amendments of these Business Conditions and the Special Conditions shall be offered to the Customer in
text form no later
than two months before their proposed date of entry into force. If the Customer has agreed an electronic
communication channel (e.g. eBanking) with the Bank within the framework of the business relationship, the
amendments may also be offered through this channel. The amendments shall be deemed to have been
approved by the Customer, unless the Customer has indicated disapproval before their proposed date of entry
into force. The Bank shall expressly draw the Customer’s attention to this consequent approval in its offer. If the
Customer is offered amendments of conditions governing payment services (e.g. conditions for credit
transfers), the Customer may also terminate the payment services framework contract free of charge with
immediate effect before the proposed date of entry into force of the amendments. The Bank shall expressly
draw the Customer’s attention to this right of termination in its offer.
2. Banking Secrecy and Disclosure of Banking Affairs
(1) Banking Secrecy
The Bank has the duty to maintain secrecy about any customer-related facts and evaluations of which it may
have knowledge (banking secrecy). The Bank may only disclose information concerning the Customer if it is
legally required to do so or if the Customer has consented thereto or if the Bank is authorized to disclose
banking affairs.
(2) Disclosure of Banking Affairs
Any disclosure of details of banking affairs comprises statements and comments of a general nature
concerning the economic status, the creditworthiness and solvency of the Customer; no information shall be
disclosed as to amounts of balances of accounts, of savings deposits, of securities deposits or of other assets
entrusted to the Bank oras to amounts drawn under a credit facility.
(3) Prerequisites for the Disclosure of Banking Affairs
The Bank shall be entitled to disclose banking affairs concerning legal entities and on businesspersons
registered in the Commercial Register, provided that the inquiry relates to their business activities. The Bank
shall not, however, disclose any information if it has received instructions to the contrary from the Customer.
Details of banking affairs concerning other persons, in particular private Customers and associations, shall be
disclosed by the Bank only if such persons have expressly agreed thereto, either generally or in an individual
case. Details of banking affairs shall be disclosed only if the requesting party has substantiated its justified
interest in the information requested and there is no reason to assume that the disclosure of such information
would be contrary to the Customer’s legitimate concerns.
(4) Recipients of Disclosed Banking Affairs
The Bank shall disclose details of banking affairs only to its own Customers as well as to other credit institutions
for their own purposes or those of their Customers.
3. Liability of the Bank – Contributory Negligence of the Customer
(1) Principles of Liability
In performing its obligations, the Bank shall be liable for any negligence on the part of its staff and of those
persons whom it may call in for the performance of its obligations. If the Special Conditions for particular
business relations or other agreements contain provisions inconsistent herewith, such provisions shall prevail.
In the event that the Customer has contributed to the occurrence of the loss by any own fault (e.g. by violating
the duties to cooperate as mentioned in No. 11), the principles of contributory negligence shall determine the
extent to which the Bank and the Customer shall have to bear the loss.
(2) Orders Passed on to Third Parties
If the contents of an order are such that the Bank typically entrusts a third party with its further execution, the
Bank performs the order by passing it on to the third party in its own name (order passed on to a third party).
This applies, for example, to obtaining information on banking affairs from other credit institutions or to the
custody and administration of securities in other countries. In such cases, the liability of the Bank shall be
limited to the careful selection and instruction of the third party.
(3) Disturbance of Business
The Bank shall not be liable for any losses caused by force majeure, riot, war or natural events or due to other
occurrences for which the Bank is not responsible (e.g. strike, lockout, traffic hold-ups, administrative acts of
domestic or foreign high authorities).
4. Set-Off Limitations on the Part of the Customer
The Customer may only set off claims against those of the Bank if the Customer’s claims are undisputed or have
been confirmed by a final court decision.
5. Right of Disposal upon the Death of the Customer
Upon the death of the Customer, any person who approaches the Bank claiming to be the Customer’s legal
successor shall be required to furnish suitable proof to the Bank of their entitlement under inheritance law. If
an official or certified copy of the testamentary disposition (last will or contract of inheritance) together with the
relevant record of probate proceedings is presented to the Bank, the Bank may consider any person designated
therein as heir or executor as the entitled person, allow this person to dispose of any assets and, in particular,
make payment or delivery to this person, thereby discharging its obligations. This shall not apply if the Bank is
aware that the person designated therein is not entitled to dispose (e.g. following challenge or invalidity of the
will) or if this has not come to the knowledge of the Bank due to its own negligence.
6. Applicable Law and Place of Jurisdiction for Customers who are
Businesspersons or Public-Law Entities
(1) Applicability of German Law
German law shall apply to the business relationship between the Customer and the Bank.
(2) Place of Jurisdiction for Domestic Customers
If the Customer is a businessperson and if the business relation in dispute is attributable to the conducting of
such businessperson’s trade, the Bank may sue such Customer before the court having jurisdiction for the bank
office keeping the account or before any other competent court; the same applies to legal entities under public
law and separate funds under public law. The Bank itself may be sued by such Customers only before the court
having jurisdiction for the bank office keeping the account.
(3) Place of Jurisdiction for Foreign Customers
The agreement upon the place of jurisdiction shall also apply to Customers who conduct a comparable trade or
business abroad and to foreign institutions which are comparable with domestic legal entities under public law
or a domestic separate fund under public law.
Keeping of Accounts
7. Periodic Balance Statements for Current Accounts; Approval of
Debit Entries Resulting from Direct Debits
(1) Issue of Periodic Balance Statements
Unless otherwise agreed, the Bank shall issue a periodic balance statement for a current account at the end of
each calendar quarter, thereby clearing the claims accrued by both parties during this period (including interest
and charges imposed by the Bank). The Bank may charge interest on the balance arising therefrom in
accordance with No. 12 of these Business Conditions or any other agreements entered into with the Customer.
(2) Time Allowed for Objections; Approval by Silence
Any objections a Customer may have concerning the incorrectness or incompleteness of a periodic balance
statement must be raised not later than six weeks after its receipt; if the objections are made in text form, it is
sufficient to dispatch these within the period of six weeks. Failure to make objections in due time shall be
considered as approval. When issuing the periodic balance statement, the Bank shall expressly draw the
Customer’s attention to this consequence. The Customer may demand a correction of the periodic balance
statement even after expiry of this period, but must then prove that the account was either wrongly debited or
mistakenly not credited.
8. Reverse Entries and Correction Entries Made by the Bank
(1) Prior to Issuing a Periodic Balance Statement
Incorrect credit entries on current accounts (e.g. due to a wrong account number) may be reversed by the Bank
through a debit entry prior to the issue of the next periodic balance statement to the extent that the Bank has a
repayment claim against the Customer (reverse entry); in this case, the Customer may not object to the debit
entry on the grounds that a disposal of an amount equivalent to the credit entry has already been made.
(2) After Issuing a Periodic Balance Statement
If the Bank ascertains an incorrect credit entry after a periodic balance statement has been issued and if the
Bank has a repayment claim against the Customer, it shall debit the account of the Customer with the amount
of its claim (correction entry). If the Customer objects to the correction entry, the Bank shall recredit the
account with the amount in dispute and assert its repayment claim separately.
(3) Notification to the Customer; Calculation of Interest
The Bank shall immediately notify the Customer of any reverse entries and correction entries made. With
respect to the calculation of interest, the Bank shall effect the entries retroactively as of the day on which the
incorrect entry was made.
9. Collection Orders
(1) Conditional Credit Entries Effected upon Presentation of Documents
If the Bank credits the countervalue of direct debits prior to their payment, this is done on condition of
payment, even if these items are payable at the Bank itself. If the Customer surrenders other items, instructing
the Bank to collect an amount due from a debtor (e.g. interest coupons), and if the Bank effects a credit entry
for such amount, this is done under the reserve that the Bank shall obtain the amount. This reserve shall also
apply if direct debits and other items are payable at the Bank itself. If direct debits are not paid or if the Bank
does not obtain the amount under the collection order, the Bank shall cancel the conditional credit entry
regardless of whether or not a periodic balance statement has been issued in the meantime.
(2) Payment of Direct Debits
Direct debit authorisations and debit advice mandates shall be deemed to have been paid, unless the debit
entry is cancelled prior to the end of the second bank working day[1] after it was made. Direct debits from
other schemes shall be subject to the payment rules in the Special Conditions agreed for these.
10. Foreign Currency Transactions and Risks Inherent in Foreign
Currency Accounts
(1) Execution of Orders Relating to Foreign Currency Accounts
Foreign currency accounts of the Customer serve to effect the cashless settlement of payments to and
disposals by the Customer in foreign currency. Disposals of credit balances on foreign currency accounts (e.g.
by means of credit transfers to the debit of the foreign currency credit balance) are settled through or by banks
in the home country of the currency, unless the Bank executes them entirely within its own organisation.
(2) Credit Entries for Foreign Currency Transactions with the Customer
If the Bank concludes a transaction with the Customer (e.g. a forward exchange transaction) under which it
owes the provision of an amount in a foreign currency, it shall discharge its foreign currency obligation by
crediting the account of the Customer in the respective currency, unless otherwise agreed.
(3) Temporary Limitation of Performance by the Bank
The Bank’s duty to execute a disposal order to the debit of a foreign currency credit balance (Paragraph 1) or to
discharge a foreign currency obligation (Paragraph 2) shall be suspended to the extent that and for as long as
the Bank cannot or can only restrictedly dispose of the currency in which the foreign currency credit balance or
the obligation is denominated, due to political measures or events in the country of the respective currency. To
the extent that and for as long as such measures or events persist, the Bank is not obligated either to perform
at some other place outside the country of the respective currency, in some other currency (including EUR) or
by providing cash. However, the Bank’s duty to execute a disposal order to the debit of a foreign currency credit
balance shall not be suspended if the Bank can execute it entirely within its own organisation. The right of the
Customer and of the Bank to set off mutual claims due in the same currency against each other shall not be
affected by the above provisions.
(4) Exchange Rate
The exchange rate for foreign currency transactions shall be determined on the basis of the “List of Prices and
Services” (Preis- und Leistungsverzeichnis). Payment services shall be governed in addition by the payment
services framework contract.
Duties of the Customer to Cooperate
11. Duties of the Customer to Cooperate
(1) Notification of Changes
A proper settlement of business requires that the Customer notify the Bank without delay of any changes in the
Customer’s name and address, as well as the termination of, or amendment to, any powers of representation
towards the Bank conferred to any person (in particular, a power of attorney). This notification duty also exists
where the powers of representation are recorded in a public register (e.g. the Commercial Register) and any
termination thereof or any amendments thereto are entered in that register. Additional statutory notification
requirements, resulting from the German Money Laundering Act in particular, may apply.
(2) Clarity of Orders and Credit Transfers
Orders must unequivocally show their contents. Orders that are not worded clearly may lead to queries, which
may result in delays. In particular, when giving orders, the Customer must ensure that the information the
Customer provides, particulary the domestic account number and bank code number (“Bankleitzahl”) or
IBAN[2] and BIC[3] and the currency, are complete and correct. Amendments, confirmations or repetitions of
orders must be designated as such.
(3) Special Reference to Urgency in Connection with the Execution of an
Order or a Credit Transfer
If the Customer feels that an order requires particularly prompt execution, the Customer shall notify the Bank
of this fact separately. For orders issued on a printed form, this must be done separately from the form.
(4) Examination of, and Objections to, Notification Received from the Bank
The Customer must immediately examine account statements, securities contract notes, statements of
securities holdings and earnings, other statements, advices of execution of orders and credit transfers as well
as information on expected payments and consignments (advices), as to their correctness and completeness
and immediately raise any objections relating thereto.
(5) Notice to the Bank in Case of Non-Receipt of Statements
The Customer must notify the Bank immediately if periodic balance statements and statements of securities
holdings are not received. The duty to notify the Bank also exists if other advices expected by the Customer are
not received (e.g. securities contract notes, account statements after execution of Customer orders or
regarding payments expected by the Customer).
Cost of Bank Services
12. Interest, Charges and Expenses
(1) Interest and Charges in Business with Consumers
The amount of interest and charges for the customary services which the Bank provides to consumers,
including the amount of any payments in addition to the remuneration agreed for the principal service, is set
out in the “Price Display – Standard rates for private banking” (Preisaushang – Regelsätze im standardisierten
Privatkundengeschäft) and the “List of Prices and Services”.
If a Customer makes use of a service included therein, and unless otherwise agreed between the Bank and the
Customer, the interest and charges stated in the then valid Price Display or List of Prices and Services are
applicable. Any agreement that concerns a payment made by the consumer in addition to the remuneration
agreed for the principal service must be expressly concluded by the Bank with the consumer, even if such
payment is stated in the Price Display or the List of Prices and Services.
Unless otherwise agreed, the charges for any services not included in the Price Display or the List of Prices and
Services which are provided following the instructions of the Customer and which can, in the given
circumstances, only be expected to be provided against remuneration, shall be governed by the relevant
statutory provisions.
(2) Interest and Charges in Business with Customers who are not Consumers
The amount of interest and charges for the customary banking services which the Bank provides to Customers
who are not consumers is set out in the “Price Display – Standard rates for private banking” (Preisaushang –
Regelsätze im standardisierten Privatkundengeschäft) and the “List of Prices and Services”, provided that the
Price Display and the List of Prices and Services include customary banking services to Customers who are not
consumers (e.g. business Customers). If a Customer who is not a consumer makes use of a service included
therein, and unless otherwise agreed between the Bank and the Customer, the interest and charges stated in
the then valid Price Display or List of Prices and Services are applicable. Otherwise, in the absence of any other
agreement or conflict with statutory provisions, the Bank shall determine the amount of interest and charges at
its reasonable discretion (Section 315 of the German Civil Code).
(3) Non-Chargeable Service
The Bank shall not charge for any service which it is required to provide by law or pursuant to a contractual
accessory obligation or which it performs in its own interest, unless such charge is legally permissible and levied
in accordance with the relevant statutory provisions.
(4) Changes in Interest Rates; Right of Termination by the Customer in the
Event of an Increase
In the case of variable interest rate loans, the interest rate shall be adjusted in accordance with the terms of the
respective loan agreement. The Bank shall notify the Customer of any interest rate adjustments. If the interest
rate is increased, the Customer may, unless otherwise agreed, terminate the loan agreement affected thereby
with immediate effect within six weeks from notification of the change. If the Customer terminates the loan
agreement, any such increased interest rate shall not be applied to the terminated loan agreement. The Bank
shall allow a reasonable period of time for settlement.
(5) Changes in Charges for Services Typically Used on a Permanent Basis
Changes in charges for banking services which are typically used by Customers within the framework of the
business relationship on a permanent basis (e.g. account/securities account management) shall be offered to
the Customer in text form no later than two months before their proposed date of entry into force. If the
Customer has agreed an electronic communication channel (e.g. eBanking) with the Bank within the framework
of the business relationship, the changes may also be offered through this channel. The changes shall be
deemed to have been approved by the Customer, unless the Customer has indicated disapproval before their
proposed date of entry into force. The Bank shall expressly draw the Customer’s attention to this consequent
approval in its offer. If the Customer is offered the changes, the Customer may also terminate the agreement
affected by the changes free of charge with immediate effect before the proposed date of entry into force of
the changes. The Bank shall expressly draw the Customer’s attention to this right of termination in its offer. If
the Customer terminates the agreement, the adjusted charge shall not be applied to the terminated
agreement.
The aforementioned arrangement shall only apply to consumers if the Bank intends to adjust the charges for
principal services which are typically used by consumers within the framework of the business relationship on a
permanent basis. Any agreement on the adjustment of a charge that concerns a payment made by the
consumer in addition to the remuneration agreed for the principal service must be expressly concluded by the
Bank with the consumer.
(6) Reimbursement of Expenses
Any entitlement by the Bank to reimbursement of expenses shall be governed by the applicable statutory
provisions.
(7) Special Arrangements for Consumer Loan Agreements and Payment
Services Contracts with Consumers for Payments within the European
Economic Area (EEA) in an EEA Currency
The interest and costs (charges, out-of-pocket expenses) for consumer loan agreements and payment services
contracts with consumers for payments within the European Economic Area (EEA)[4] in an EEA currency[5] shall
be determined by the relevant contractual arrangements and Special Conditions as well as the additional
statutory provisions.
13. Providing or Increasing Security
(1) Right of the Bank to Request Security
The Bank may demand that the Customer provide the usual forms of security for any claims that may arise
from the banking relationship, even if such claims are conditional (e.g. indemnity for amounts paid under a
guarantee issued on behalf of the Customer). If the Customer has assumed a liability for another Customer’s
obligations towards the Bank (e.g. as a surety), the Bank is, however, not entitled to demand that security be
provided or increased for the debt resulting from such liability incurred before the maturity of the debt.
(2) Changes in the Risk
If the Bank, upon the creation of claims against the Customer, has initially dispensed wholly or partly with
demanding that security be provided or increased, it may nonetheless make such a demand at a later time,
provided, however, that circumstances occur or become known which justify a higher risk assessment of the
claims against the Customer. This may, in particular, be the case if – the economic status of the Customer has
changed or threatens to change in a negative manner or – the value of the existing security has deteriorated or
threatens to deteriorate.
The Bank has no right to demand security if it has been expressly agreed that the Customer either does not
have to provide any security or must only provide that security which has been specified. For consumer loan
agreements, the Bank is entitled to demand that security be provided or increased only to the extent that such
security is mentioned in the loan agreement; when, however, the net loan amount exceeds EUR 75,000, the
Bank may demand that security be provided or increased even if the loan agreement does not contain any or
any exhaustive indications as to security.
(3) Setting a Period of Time for Providing or Increasing Security
The Bank shall allow a reasonable period of time for providing or increasing security. If the Bank intends to
make use of its right of termination without notice should the Customer fail to comply with the obligation to
provide or increase security within such period, it shall draw the Customer’s attention to this consequence
before doing so.
14. Lien in Favour of the Bank
(1) Agreement on the Lien
The Customer and the Bank agree that the Bank acquires a lien on the securities and chattels which, within the
scope of banking business, have come or may come into the possession of a domestic office of the Bank. The
Bank also acquires a lien on any claims which the Customer has or may in future have against the Bank arising
from the banking relationship (e.g. credit balances).
(2) Secured Claims
The lien serves to secure all existing, future and contingent claims arising from the banking relationship which
the Bank with all its domestic and foreign offices is entitled to against the Customer. If the Customer has
assumed liability for another Customer’s obligations towards the Bank (e.g. as a surety), the lien shall not
secure the debt resulting from the liability incurred before the maturity of the debt.
Das Pfandrecht dient der Sicherung aller bestehenden, künftigen und bedingten Ansprüche, die der Bank mit
ihren sämtlichen in- und ausländischen Geschäftsstellen aus der bankmäßigen Geschäftsverbindung gegen den
Kunden zustehen. Hat der Kunde gegenüber der Bank eine Haftung für Verbindlichkeiten eines anderen
Kunden der Bank übernommen (zum Beispiel als Bürge), so sichert das Pfandrecht die aus der
Haftungsübernahme folgende Schuld jedoch erst ab ihrer Fälligkeit.
(3) Earmarked Funds and Assets of the Customer, Own Securities and
Securities Held in Foreign Countries
If funds or other assets come into the power of disposal of the Bank under the reserve that they may only be
used for a specified purpose (e.g. deposit of cash for payment of a bill of exchange), the Bank’s lien does not
extend to these assets. The same applies to shares issued by the Bank itself (own shares) and to securities
which the Bank keeps in custody abroad for the Customer’s account. Moreover, the lien extends neither to the
profit-participation rights/profit-participation certificates (Genussrechte/Genussscheine) issued by the Bank
itself nor to the Bank’s securitised and non‑securitised subordinated liabilities.
(4) Interest and Dividend Coupons
If securities are subject to the Bank’s lien, the Customer is not entitled to demand the delivery of the interest
and dividend coupons pertaining to such securities.
15. Security Interests in the Case of Items for Collection and
Discounted Bills of Exchange
(1) Transfer of Ownership by Way of Security
The claims underlying the cheques and bills of exchange shall pass to the Bank simultaneously with the
acquisition of ownership in the cheques and bills of exchange; the claims also pass to the Bank if other items
are deposited for collection (e.g. direct debits, documents of commercial trading).
(2) Assignment by Way of Security
The claims underlying the cheques and bills of exchange shall pass to the Bank simultaneously with the
acquisition of ownership in the cheques and bills of exchange; the claims also pass to the Bank if other items
are deposited for collection (e.g. direct debits, documents of commercial trading).
(3) Special-Purpose Items for Collection
If items for collection are deposited with the Bank under the reserve that their countervalue may only be used
for a specified purpose, the transfer or assignment of ownership by way of security does not extend to these
items.
(4) Secured Claims of the Bank
The ownership transferred or assigned by way of security serves to secure any claims which the Bank may be
entitled to against the Customer arising from the Customer’s current account when items are deposited for
collection or arising as a consequence of the redebiting of unpaid items for collection or discounted bills of
exchange. Upon request of the Customer, the Bank retransfers to the Customer the ownership by way of
security of such items and of the claims that have passed to it if it does not, at the time of such request, have
any claims against the Customer that need to be secured or if it does not permit the Customer to dispose of the
countervalue of such items prior to their final payment.
16. Limitation of the Claim to Security and Obligation to Release
(1) Cover Limit
The Bank may demand that security be provided or increased until the realisable value of all security
corresponds to the total amount of all claims arising from the banking business relationship (cover limit).
(2) Release
If the realisable value of all security exceeds the cover limit on a more than temporary basis, the Bank shall, at
the Customer’s request, release security items as it may choose in the amount exceeding the cover limit; when
selecting the security items to be released, the Bank shall take into account the legitimate concerns of the
Customer or of any third party having provided security for the Customer’s obligations. To this extent, the Bank
is also obliged to execute orders of the Customer relating to the items subject to the lien (e.g. sale of securities,
repayment of savings deposits).
(3) Special Agreements
If assessment criteria for a specific security item other than the realisable value or another cover limit or
another limit for the release of security have been agreed, these other criteria or limits shall apply.
17. Realisation of Security
(1) Option of the Bank
If the Bank realises security, it may choose between several security items. When realising security and
selecting the items to be realised, the Bank shall take into account the legitimate concerns of the Customer and
any third party who may have provided security for the obligations of the Customer.
(2) Credit Entry for Proceeds under Turnover Tax Law
If the transaction of realisation is subject to turnover tax, the Bank shall provide the Customer with a credit
entry for the proceeds, such entry being deemed to serve as invoice for the supply of the item given as security
and meeting the requirements of turnover tax law (Umsatzsteuerrecht).
Termination
18. Termination Rights of the Customer
(1) Right of Termination at Any Time
Unless the Bank and the Customer have agreed a term or a diverging termination provision, the Customer may
at any time, without notice, terminate the business relationship as a whole or particular business relations (e.g.
a chequing agreement).
(2) Termination for Reasonable Cause
If the Bank and the Customer have agreed a term or a diverging termination provision for a particular business
relation, such relation may only be terminated without notice if there is reasonable cause therefor which makes
it unacceptable to the Customer to continue it, also after giving consideration to the legitimate concerns of the
Bank.
(3) Statutory Termination Rights
Statutory termination rights shall not be affected
19. Termination Rights of the Bank
(1) Termination upon Notice
Upon observing a reasonable period of notice, the Bank may at any time terminate the business relationship as
a whole or particular business relations for which neither a term nor a diverging termination provision has
been agreed (e.g. the chequing agreement authorizing the use of cheque forms). In determining the period of
notice, the Bank shall take into account the legitimate concerns of the Customer. The minimum termination
notice for a payment services framework contract (e.g. current account or card contract) and a securities
account shall be two months.
(2) Termination of Loans with no Fixed Term
Loans and loan commitments for which neither a fixed term nor a diverging termination provision has been
agreed may be terminated at any time by the Bank without notice. When exercising this right of termination,
the Bank shall give due consideration to the legitimate concerns of the Customer.
Where the German Civil Code contains specific provisions for the termination of a consumer loan agreement,
the Bank may only terminate the agreement as provided therein.
(3) Termination for Reasonable Cause without Notice
Termination of the business relationship as a whole or of particular business relations without notice is
permitted if there is reasonable cause which makes it unacceptable to the Bank to continue the business
relations, also after having given consideration to the legitimate concerns of the Customer. Reasonable cause is
given in particular
if the Customer has made incorrect statements as to the Customer’s financial status, provided such statements
were of significant importance for the Bank’s decision concerning the granting of credit or other operations
involving risks for the Bank (e.g. the delivery of a payment card), or
if a substantial deterioration in the Customer’s financial status or in the value of security occurs or threatens to
occur, jeopardizing the repayment of a loan or the discharge of any other obligation towards the Bank even if
security provided therefor is realised, or
if the Customer fails to comply, within the required period of time allowed by the Bank, with the obligation to
provide or increase security according to No. 13 (2) of these Business Conditions or to the provisions of some
other agreement.
If reasonable cause is given due to the breach of a contractual obligation, termination shall only be permitted
after expiry, without result, of a reasonable period of time fixed for corrective action by the Customer or after a
warning to the Customer has proved unsuccessful, unless this proviso can be dispensed with owing to the
special features of a particular case (Section 323 (2) and (3) of the German Civil Code).
(4) Termination of Consumer Loan Agreements in the Event of Default
Where the German Civil Code contains specific provisions for the termination of a consumer loan agreement
subsequent to repayment default, the Bank may only terminate the agreement as provided therein.
(5) Settlement Following Termination
In the event of termination without notice, the Bank shall allow the Customer a reasonable period of time for
settlement (in particular for the repayment of a loan), unless it is necessary to attend immediately thereto (e.g.
the return of cheque forms following termination of a chequing agreement).
Protection of Deposits
20 Deposit Protection Fund
(1)
Your deposit is covered by the Enschädigungseinrichtung deutscher Banken GmbH. If insolvency of your credit
institution should occur, your deposits would in any case be repaid up to EUR 100,000.
(2)
If a deposit is unavailable because a credit institution is unable to meet its financial obligations, depositors are
repaid by a Deposit Guarantee Scheme. This repayment covers at maximum EUR 100,000 per credit institution.
This means that all deposits at the same credit institution are added up in order to determine the coverage
level. If, for instance, a depositor holds a savings account with EUR 90,000 and a current account with EUR
20,000, he or she will only be repaid EUR 100,000.
(3)
In case of joint accounts, the limit of EUR 100,000 applies to each depositor. Deposits in an account to which
two or more persons are entitled as members of a business partnership, association or grouping of a similar
nature, without legal personality, are aggregated and treated as if made by a single depositor for the purpose
of calculating the limit of EUR 100,000. In the cases listed in Section 8 (2) to (4) of the German Deposit
Guarantee Act (Einlagensicherungsgesetz) deposits are protected above EUR 100,,000. More information can be
obtained from the website of Entschädigungseinrichtung deutscher Banken GmbH at w [Link].
(4)
If you have not been repaid within these deadlines, you should contact the Deposit Guarantee Scheme since
the time to claim reimbursement may be barred after a certain time limit. More information can be obtained
from the website of Entschädigungseinrichtung deutscher Banken GmbH at [Link].
(5)
In general, all retail depositors and businesses are covered by Deposit Guarantee Schemes. Exceptions for
certain deposits are stated on the website of the responsible Deposit Guarantee Scheme. Your credit institution
will also inform you on request whether certain products are covered or not. If deposits are covered, the credit
institution shall also confirm this on the statement of account.
Complaints
21 Possibilities of Filing Complaints
The customer has the following out-of-court possibilities to file a complaint:
● The Customer may contact the Bank under the contact details indicated in the “List of Prices and
Services”. The Bank will answer Complaints in a suitable way. In the case of payment services
agreements this means in text format (e.g. via letter, telefax or e-mail).
● The Customer may write to or contact the (German) Bundesanstalt für Finanzdienstleistungsaufsicht,
i.e. Federal Financial Supervisory Authority (Graurheindorfer Strasse 108, 53117 Bonn and
Marie-Curie-Strasse 24-28, 60439 Frankfurt am Main) or the European Central Bank
(Sonnemannstrasse 20, 60314 Frankfurt am Main), at any time to have complaints recorded in writing
regarding violations by the Bank of the German Payment Services Oversight Act
(Zahlungsdiensteaufsichtsgesetz, ZAG), Sect. 675c to 676c of the German Civil Code (Bürgerliches
Gesetzbuch, BGB) or Article 248 of the Introductory Act to the German Civil Code (Einführungsgesetz
zum Bürgerlichen Gesetzbuch, EGBGB).
● The European Commission has set up an european online dispute resolution platform (ODR-platform)
under [Link] Consumers may use the ODR-platform for out-of-court
resolution of disputes arising out of contracts concluded online with EU-based companies.
[1] Bank working days are all working days except Saturdays, 24 December and 31 December.
[2] International Bank Account Number
[3] Bank Identifier Code
[4] Current EEA member countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark,
Estonia, Finland, France (including French Guiana, Guadeloupe, Martinique, Mayotte, Réunion), Germany,
Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands,
Norway, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, United Kingdom.
[5] EEA currencies at present: Bulgarian lew, Croatian kuna, Czech krona, Danish krone, euro, Hungarian forint,
Icelandic króna, Norwegin krone, Polish zloty, pound sterling, Romanian leu, Swedish krona, Swiss franc.