28. Federal Law, which amended the general civil code, enacted a federal law on consumer credit agreements and other forms of credit for the benefit of consumers (Consumer Credit Act-VKrG), as well as the The Consumer Protection Act, the Banking Act, the Insurance Supervision Act, the Securities Supervision Act 2007, the Investment Fund Act, the Payment Services Act, the 1994 Commercial Code and the brokerage act (Loan and Loan Act) are amended (Loan and Loan Act). Credit law-amending act-DaKRÄG)

The National Council has decided:

Article 1

Modification of the ABGB

The General Civil Code, JGS No. 946/1811, as last amended by the Federal Law BGBl. I n ° 135/2009, shall be amended as follows:

1. The § § 983 bis 991 shall include the following headings:

" Loan Agreement

§ 983. In the loan agreement, the lender undertakes to hand over to the borrower with the provision that the borrower can dispose of the goods according to his/her life. The borrower is obliged to return as many items of the same class and goodness to the lender at the latest by the end of the contract.

Types of loan agreement

§ 984. (1) The subject of a loan contract may be money or other acceptable items. A loan may be granted either free of charge or for payment. If the parties do not agree on a fee, the loan agreement shall in doubt be deemed to be in the form of a remuneration.

(2) A free-of-charge loan contract without surrender of the goods shall be effective only if the lender makes its contract declaration in writing.

Increase and decrease of value

§ 985. Unless otherwise agreed, the borrower shall not be able to compensate for any loss of value that has occurred in the meantime. Likewise, he cannot rely on an increase in value to reduce his return duty.

Duration and resolution of the loan agreement

§ 986. (1) The loan agreement may be concluded in advance for a certain period or indefinitely.

(2) A loan contract concluded for an indefinite period of time may be terminated by any part of the contract subject to a period of notice of one month.

(3) A loan contract concluded for a certain period of time shall end with time lapse.

Extraordinary cancellation of the loan agreement

§ 987. Any part of the contract may terminate the loan agreement at any time without notice of a notice period if the maintenance of the contract is unreasonable for important reasons.

Credit Agreement

§ 988. The loan agreement on money is called the credit agreement, which also includes a contract with which a monetary amount is made available for retrieval. The parties to this contract are called creditors and borrowers. The remuneration shall normally consist of the interest payable by the borrower, and § 1000 (1) shall apply to the interest.

Fixed-term and end-of-credit agreement

§ 989. (1) In the case of a credit agreement, a certain period of contract may arise not only from the date of setting an end date, but also from the agreements on the amount of the credit and on the type of repayment of the credit and the amount of the credit. and interest rates.

(2) After the end of the credit agreement, the borrower has to repay the amount of the loan, together with the interest that is still to be paid.

Ineffective agreements on the right of dismissal of the creditor

§ 990. Agreements which give the creditor a right not to be subject to factually justified grounds for early termination of a credit agreement which has been closed for a certain period of time and which, for its part, has already been fulfilled, are not effective.

Refusing to pay the credit

§ 991. The creditor may refuse to pay the credit if, after the conclusion of the contract, circumstances arise which result in a deterioration in the borrower's financial position or a depreciation of collateral to such an extent that the repayment of the credit or the payment of the interest itself in the case of recovery of the collateral is at risk. "

§ 992, including the recitals, § 999, as well as all other transcripts in § § 983 to 999 shall be repealed.

3. Before § 1000, the title shall be

"Interest and interest rate interest"

inserted.

4. § 1001, together with the border, shall be repealed.

Article 2

Federal law on consumer credit agreements
and other forms of credit for the benefit of consumers (Consumer Credit Act-VKrG)

Section 1

Subject-matter, definitions, mandatory law

Subject-matter

§ 1. This federal law regulates the implementation of Directive 2008 /48/EC of the European Parliament and of the Council of 23 April 2008 on consumer credit agreements, OJ L 177, 30.4.2008, p. No. 66., certain aspects of consumer credit agreements and other forms of credit credit for consumers, in particular the pre-contractual obligations of the lender, its obligations in respect of the conclusion of the contract, the rights of the consumer to withdraw from the contract, termination of the contract and early repayment, as well as the obligations of credit intermediaries.

Definitions

§ 2. (1) The creditor shall be an entrepre in the sense of Section 1 (1) (1) of the German Banking Act (KSchG), which grants or promises to grant a loan or grants other credit.

(2) A borrower is a consumer within the meaning of § 1 (1) (2) and (3) of the KSchG, which uses a credit or other credit.

(3) Consumer credit agreement (credit agreement) is a credit agreement within the meaning of Section 988 of the German Civil Code (ABGB), in which an entreptite is involved as a lender and a consumer is a borrower.

(4) A credit intermediary is a natural or legal person who does not act as a creditor and who, in the course of his commercial or professional activities, is subject to a payment resulting from a monetary payment or other agreed the economic advantage,

1.		to provide or offer credit agreements or other credit agreements to consumers;
2.		assist consumers in the preparation of credit agreements or other credit agreements other than those referred to in Z 1; or
3.		for creditor credit agreements with consumers or other credit agreements for the creditor.

(5) The total cost of the credit to the consumer is all costs, including interest, commissions, such as the provision of the credit, charges and costs of any kind, other than notary fees, which the consumer has in connection with the Credit agreement has to be paid and which are known to the creditor. This includes the costs of ancessual services in connection with the credit agreement, in particular insurance premiums, if the conclusion of the contract of this ancable performance is a condition required by the creditor to ensure that the credit is granted at all or in accordance with the terms and conditions laid down.

(6) The total amount to be paid by the consumer shall be the sum of the total amount of the credit and the total cost of the credit to the consumer.

(7) The annual percentage rate of charge shall be the total cost of the credit to the consumer as an annual percentage of the total amount of credit (§ 27).

(8) The rate of interest shall be the rate of interest expressed as a fixed or variable periodic percentage, which shall be applied on an annual basis to the credit payout amounts to which a claim is made.

(9) A fixed rate of interest shall be fixed if the creditor and the consumer in the credit agreement have a single rate of interest for the entire duration of the credit agreement or a number of nominal interest rates for different periods of the total duration of the credit agreement , only a certain fixed percentage shall be used. If the credit agreement does not stipulate all the nominal interest rates, the nominal interest rate shall be deemed to be agreed only for those part-periods of the total duration for which the nominal interest rates shall be determined exclusively by a credit agreement concluded at the conclusion of the credit agreement. determined fixed percentage.

(10) The total amount of credit is the ceiling or the sum of all the amounts made available on the basis of a credit agreement.

(11) A permanent medium shall be any medium which allows the consumer to store information personally addressed to him in such a way that he may, as a result, see it for a period of time appropriate for the purposes of the information, and which shall be subject to the following: unchanged reproduction of the stored information.

(12) Foreign currency credit is a credit which is granted to the consumer in whole or in part in a currency other than the euro.

(13) Credit with repayment institutions is a credit in which the consumer's payments do not initially serve to repay the amount of the loan, but to form capital on a repayment institution, and that the loan will at least later be used for the purpose of paying the credit. is partially repaid with the aid of the repayment carrier. Redeeming agencies may be securities, capital-life insurance or other financial products.

Ineffective agreements

§ 3. Insofar as agreements to the detriment of the consumer are deviated from the provisions of this Federal Act, they are ineffective.

Section 2

Consumer credit agreements

Scope

§ 4. (1) This section applies to consumer credit agreements (credit agreements) with a total amount of credit of at least 200 euro.

(2) This Section shall not apply to credit agreements,

1.		where the loan is to be repaid within three months and the cost is low,
2.		where the borrower is liable only with a case passed on to the creditor,
3.		which are concluded between employers and employees as a contribution from the employment relationship to an effective annual rate of interest under the standard market interest rate,
4.		which are concluded in the form of a settlement concluded before a court or other State body, or as a result thereof,
5.		which are closed by a country, a fund set up by a country, or a legal person commissioned by a country, in accordance with the statutory provisions on housing development.

Advertising

§ 5. (1) Where interest rates or other figures relating to the cost of a credit to the consumer are mentioned in an advertisement for credit agreements, the advertising must be clear, concise and striking on the basis of a representative sample Default information includes:

1.		the fixed or variable rate of interest or fixed and variable rates of interest, together with details of all costs incurred by the consumer, included in the total cost of the credit, in the case of a combination of fixed and variable Nominal interest rate, the period of validity of the fixed rate of interest,
2.		the total amount of credit,
3.		the effective annual rate,
4.		where appropriate, the duration of the credit agreement and
5.		where appropriate, the total amount to be paid by the consumer and the amount of the instalments.

(2) Where the conclusion of a contract for the use of a subsidiary benefit, in particular an insurance contract, in the context of the credit agreement, is a condition required by the creditor for the loan to be made available at all or in accordance with the , and cannot be determined in advance, the obligation to conclude the contract shall also be made clear and concise to the visually highlighted body, together with the the effective annual interest rate.

Pre-contractual information requirements

§ 6. (1) Before the consumer is bound by a credit agreement or an offer, the creditor must, on the basis of the credit conditions offered by the creditor and, where appropriate, the consumer, have to be (c) preferences and information provided to the consumer in order to compare different offers and to make an informed decision on the conclusion of a credit agreement. This information shall be communicated on paper or on another durable medium and shall contain, in particular, the following information:

1.		the nature of the credit;
2.		the identity and address of the creditor and, where appropriate, the identity and address of the credit intermediary involved;
3.		the total amount of credit and the conditions for use;
4.		the duration of the credit agreement;
5.		in the case of related credit agreements, the goods or services and the cash price;
6.		the nominal interest rate, the conditions for the application of the nominal interest rate and, where available, indices or reference rates of interest which apply to the initial rate of interest, the periods, the conditions and the way in which the rate is applied to the Adjustment of the nominal interest rate; shall apply, depending on the circumstances, different rates of interest, the said information shall be made available for all nominal interest rates to be applied;
7.		the annual percentage rate of charge and the total amount to be paid by the consumer, explained by a representative example, specifying all the assumptions made in the calculation of the annual interest rate in accordance with § 27; has the consumer the creditor where his wishes are communicated through one or more elements of his credit, for example over the duration of the credit agreement or the total amount of credit, the creditor must take account of those elements; provided that a credit contract is different Procedures for use, with different charges in each case, or In the case of nominal interest rates and where the creditor receives the presumption referred to in Annex I, Part II, point (b), he must point out that other mechanisms of use in the nature of the credit agreement may result in a higher effective annual rate of interest. can lead;
8.		the amount, the number and the maturity of the payments to be made by the consumer and, where appropriate, the order in which the payments to different outstanding balances for which different nominal interest rates apply, for the purpose of Repayment shall be credited;
9.		where appropriate, the charges for the management of one or more accounts for the booking of the payment transactions and the credit amounts used, unless the opening of a corresponding account is optional, together with the charges for: the use of a means of payment which may be used both for payment transactions and for withdrawals, other charges on the basis of the credit agreement and the conditions under which such charges may be amended;
10.		where appropriate, a reference to notarial fees payable by the consumer at the conclusion of the credit agreement;
11.		where appropriate, the obligation to conclude a contract relating to the credit agreement, in particular through insurance, if the conclusion of such a contract is a condition required by the creditor to ensure that the credit is granted at all or in accordance with the terms and conditions laid down;
12.		the applicable rate of interest on arrears and the nature of its possible adjustment and, where appropriate, the cost of the delay;
13.		a warning about the consequences of remaining payments;
14.		the security required, where appropriate;
15.		the existence or non-existence of a right of withdrawal;
16.		the right to early repayment and, where appropriate, the information on the creditor's claim for compensation and the way in which such compensation is calculated in accordance with § 16;
17.		the right of the consumer to an immediate and unpaid understanding in accordance with § 7 (4) on the result of a database query for the assessment of creditworthiness;
18.		the right of the consumer to obtain, on request, a copy of the draft credit contract free of charge; this provision shall not apply if the creditor does not, at the time of the request, be prepared to conclude a credit agreement with the consumer is;
19.		where applicable, the period during which the creditor is bound by the pre-contractual information.
For the communication of the information referred to in Z 1 to 19, use the information form referred to in Annex II ("European standard information for credit following the consumer credit act"). With this communication of the standard information, the specific information requirements of the creditor pursuant to this paragraph and according to § 5 (1) FernFinG are considered to be fulfilled. Any additional information provided by the creditor to the consumer, such as information referred to in paragraph 6 or 7, shall be provided in a separate document, which may be annexed to the information form set out in Annex II.

(2) In the case of long-distance calls within the meaning of § 6 FernFinG, the description of the main characteristics of the financial service provided in accordance with § 6 (2) (2) of the FernFinG must at least the information provided for in paragraphs 1, Z 3, 4, 5, 6 and 8 and the information provided on the basis of a representative For example, the annual percentage rate of interest and the total amount to be paid by the consumer should be included.

(3) Where the contract has been concluded at the request of the consumer by means of a means of distance communication in which the provision of the pre-contractual information in accordance with paragraph 1 is not possible, in particular in the case referred to in paragraph 2, the To inform the consumer immediately after the conclusion of the credit agreement, the full pre-contractual information by means of the information form set out in Annex II.

(4) In addition to the information form referred to in Annex II, the creditor shall make available to the consumer a copy of the draft credit agreement free of charge, in addition to the information form referred to in Annex II. This provision shall not apply if the creditor is not prepared to conclude a credit agreement with the consumer at the time of the failure.

(5) The creditor shall give reasonable explanations to the consumer, where appropriate by explaining the pre-contractual information referred to in paragraph 1, the main characteristics of the products on offer and the possible specific effects of the products to the consumer, including the consequences of late payment of the consumer, so as to enable the consumer to assess whether the contract is in line with his or her needs and economic situation.

(6) In the case of a loan with a repayment institution, the pre-contractual information provided in accordance with paragraph 1 must clearly and concise the risks associated with such a loan in relation to a credit rate credit and the risk of such credit being linked to the credit of the credit institution. In particular, the credit agreement or the contract for the repayment institution does not provide any guarantee for the repayment of the total amount of the credit contract, unless such a guarantee is given. Moreover, where the contract is concluded or mediated by the creditor with the creditor himself, this information shall also provide a graphic presentation of the value of the repayment institution's previous performance over a period of time: the risk of predisposition to be borne by the consumer, as well as a tabular percentage and, where possible, a presentation of all the costs of the tiltable carrier.

(7) In the case of a foreign currency credit, the pre-contractual information made available in accordance with paragraph 1 shall be subject to the exchange rate and interest rate change risk associated with the other currency and all to a similar credit in euro in addition, the costs incurred are clear and concise. The exchange rate and interest rate risk information shall also be provided with a graph showing the evolution of the exchange rate in relation to the euro since its existence, but not more than for the past ten years, in the case of a loan without a fixed rate. Nominal interest rate shall include a graphical representation of the development of the reference interest rate applicable to changes in the nominal interest rate since its publication, but not more than the last ten years, and a calculation example in which: On the basis of the fluctuation tendency of the other currency, the risks of the Foreign currency credit is clearly illustrated.

(8) The information requirements provided for in paragraphs 1 to 7 shall also apply to the credit intermediary, unless the credit intermediary is concerned with a supplier of goods which is involved in the credit transfer only in a subordinate function, or Service providers.

Consideration of the consumer's creditworthiness

§ 7. (1) Before the credit agreement is concluded, the creditor shall examine the creditworthiness of the consumer on the basis of sufficient information to be required by the consumer, where necessary; if necessary, he shall also have information from one of the Available database.

(2) If this examination gives rise to serious doubts as to the ability of the consumer to comply fully with his obligations under the credit agreement, the creditor shall draw the consumer's attention to these concerns against its creditworthiness.

(3) Where lenders and consumers agree to change the total amount of credit after the conclusion of the credit agreement, the lender shall bring the financial information available to it to a new level, through the consumer, and the To examine the creditworthiness of the consumer before any significant increase in the total amount of credit. Paragraph 2 shall apply accordingly.

(4) Where a loan application is rejected on the basis of a database query, the creditor shall inform the consumer without delay and free of charge of the result of this query and of the data of the relevant database, unless this is done for public policy or public security objectives. The provisions of the Data Protection Act 2000 remain unaffected.

(5) § 28 (2) of the Data Protection Act 2000-DSG 2000, BGBl. No 165/1999, as amended, shall be based on the information systems of credit institutions credited to the Data Protection Commission for the assessment of creditworthiness, in which the use is based on § 8 para. 1 Z 2 or Z 4 DSG 2000, shall not apply.

Access to databases

§ 8. In the case of cross-border credit, access to databases used to assess the creditworthiness of the consumer, without discrimination, shall also be granted to lenders from other Member States of the European Union or to others. States Parties to the Agreement on the European Economic Area. The provisions of the Data Protection Act 2000 remain unaffected.

Mandatory information in credit agreements

§ 9. (1) Without prejudice to the effectiveness of the legal transaction, credit agreements shall be drawn up on paper or on any other durable medium. The creditor shall make a copy of the credit agreement available to all contracting parties without delay after the conclusion of the contract.

(2) In the credit agreement, it is clear and concise to indicate the following:

1.		the nature of the credit;
2.		the identity and addresses of the contracting parties and, where appropriate, the identity and address of the credit intermediary concerned;
3.		the duration of the credit agreement;
4.		the total amount of credit and the conditions for use;
5.		in the case of related credit agreements, the goods or services and the cash price;
6.		the nominal interest rate, the conditions for the application of the nominal interest rate and, where available, indices or reference rates of interest relating to the initial rate of interest, the periods, the conditions and the way in which the rate is applied to the Adjustment of the nominal interest rate; if different rates of interest apply in different circumstances, the above information shall be given for all applicable rates of interest to be applied;
7.		the annual percentage rate of interest, together with all the assumptions made in its calculation, in accordance with § 27 and the total amount to be paid by the consumer, calculated at the time of the conclusion of the credit agreement;
8.		the amount, the number and the maturity of the payments to be made by the consumer and, where appropriate, the order in which the payments to different outstanding balances for which different nominal interest rates apply, for the purpose of: Repayment shall be credited;
9.		in the case of credit repayment in the case of a fixed-term credit agreement, the consumer's right to be drawn up, on request, free of charge and at any time during the overall term of the credit agreement, in the form of a repayment plan (§ 10);
10.		provided that the payment of charges and interest without repayment of capital is provided for, a list of the periods and conditions for the payment of the nominal interest rates and the recurring and non-recurring charges associated with them;
11.		where applicable, the charges for the management of one or more accounts for the booking of the payment transactions and the credit amounts used, unless the opening of an account is optional, together with the charges for use a means of payment which may be used both for payment transactions and for withdrawals, other charges under the credit agreement and the conditions under which such charges may be amended;
12.		the default rate of interest in accordance with the arrangements in force at the time of the conclusion of the credit agreement and the nature of its possible adjustment and, where applicable, the cost of the delay;
13.		a warning about the consequences of remaining payments;
14.		where appropriate, an indication of any notarial fees incurred;
15.		where appropriate, the guarantees and assurances required;
16.		the existence or non-existence of a right of withdrawal and the time-limit and other procedures for the exercise of the right of withdrawal, including the information on the obligation on the consumer to repay the capital taken up by the consumer; the interest referred to in Article 12 (3) and the amount of interest per day;
17.		information on the rights arising from § 13 and on the conditions governing the exercise of these rights;
18.		the right to early repayment, the procedure for early repayment and, where appropriate, information on the creditor's claim for compensation and on the way in which such compensation is calculated;
19.		the procedures to be followed in the exercise of the right to terminate the credit agreement;
20.		the indication as to whether the consumer has access to an out-of-court complaint or dispute settlement procedure and, where appropriate, the conditions for such access;
21.		where appropriate, other contractual conditions;
22.		where appropriate, the name and address of the competent supervisory authority.

(3) In the case of a loan with a repayment institution, the credit agreement must also clearly and concise the risks associated with such a loan in relation to a credit-rate credit and, in particular, the credit agreement or the contract no guarantee is provided for the repayment of the total amount claimed under the credit agreement, unless such a guarantee is given. In addition, if the contract is concluded or mediated by the creditor with the creditor himself, the credit agreement must also contain the information referred to in § 6 (6), second sentence.

(4) In the case of a foreign currency credit, the credit agreement must also include the information referred to in § 6 (7) on the exchange rate and interest rate change risk associated with the other currency, as well as on the additional costs incurred.

(5) In the case of the defects in the credit agreement listed below:

1.		If the credit agreement does not contain information on the nominal interest rate, the annual percentage rate of interest or the total amount to be paid by the consumer, the interest rate referred to in § 1000 (1) ABGB shall be deemed to be the agreed target interest rate, unless a lower interest rate is applied. Nominal interest rate was agreed. In the case of a credit rating, the creditor has to calculate the reduced partial payments and to disclose to the consumer.
2.		Where the effective annual rate of interest is too low in the credit agreement, a nominal interest rate shall be deemed to have been agreed which corresponds to that claim, taking into account the other contract contents. Z 1 second sentence shall apply accordingly.
3.		If the credit agreement does not contain any information on the conditions under which the nominal interest rate or other charges may be changed, the creditor may not make such changes to the detriment of the consumer.
4.		If the credit agreement does not contain information on the right to early repayment or on the right to compensation, the creditor shall not be entitled to claim compensation.
The legal consequences referred to in Z 1 to 4 do not occur if the consumer already has the information missing or unspecified in the credit agreement in accordance with the later contractual agreements in accordance with the provisions of the pre-contractual agreements Information pursuant to section 6 (1) has been received.

Tilgplan

§ 10. In the case of a fixed-term credit agreement, the creditor shall make available to the consumer, at its request, free of charge and at any time during the overall term of the credit agreement, a statement of repayment in the form of a repayment plan ,

(2) The repayment plan must show which payments are to be made at which time intervals and which conditions apply to these payments. In the plan, the individual periodic repayments after the credit repayment shall be broken down, the interest calculated in accordance with the nominal interest rate and any additional costs. In the case of a credit agreement where no fixed interest rate has been agreed or the additional costs may be changed, the repayment plan shall state clearly and concise that the data in the repayment plan shall only be subject to the next modification of the The nominal interest rate or the additional costs in accordance with the credit agreement shall be valid.

Change in the nominal interest rate; contometry

§ 11. (1) Before any change in the nominal interest rate becomes effective, the creditor shall have the consumer on paper or another durable medium via the adjusted nominal interest rate, the adjusted amount of the instalments, and any changes to be made in the number or due date of the partial payments. A change in the nominal interest rate to the detriment of the consumer shall not be effective in relation to the consumer until the creditor has provided him with the aforementioned information.

(2) If the change in the nominal interest rate is due to the change in a reference interest rate and if the new reference interest rate is made publicly available in appropriate ways, the Contracting Parties may, for the purpose of paragraph 1, be able to: The effectiveness of the change in the nominal interest rate shall be agreed. In such cases, the contract must provide for the creditor's obligation to provide the consumer with the information referred to in paragraph 1 at regular intervals. In addition, the consumer must be able to view the level of the reference interest rate in the credit institution's premises.

(3) The periodic payment obligation of the consumer should be adjusted in the event of a change in the nominal interest rate in such a way that the total amount to be paid by the consumer is entirely settled within the originally agreed term. A different agreement shall be admissible if it is negotiated in detail.

(4) In each of the first quarter of a calendar year, the creditor shall give the consumer an account of the accounts in which at least the sum of the payments made by the consumer, the sum of the payments made by the consumer, at the closing date of 31 December of the previous year. of the loads and the balances to be lifted.

Right of withdrawal

§ 12. (1) The consumer may withdraw from a credit agreement within a period of fourteen days without giving reasons. The time limit for the exercise of the right of withdrawal shall begin on the day on which the credit agreement has been concluded. If the consumer receives the terms and conditions of the contract and the information in accordance with § 9 only later, the time limit begins with that day.

(2) The time limit laid down in paragraph 1 shall, in any event, be maintained if the resignation on paper or any other durable medium available to the creditor is declared and that declaration is made to the creditor before the end of the period to be sent. In any event, the creditor must be subject to the resignation, provided that the declaration of resignation corresponds to the information which he himself has given to the consumer in accordance with Section 9 (2) (16) (16) of the Act.

(3) After the resignation, the consumer shall repay the creditor without delay and at the latest within 30 calendar days after the withdrawal of the withdrawal declaration, the amount paid out together with the interest accrued since the withdrawal. Interest rates shall be calculated on the basis of the agreed rate of interest. The creditor is also entitled to reimbursement of the payments which he has paid to public authorities and cannot recover; other compensation does not have to be paid by the consumer.

(4) In the event of a consumer's right of withdrawal, the resignation shall also apply to an agreement on residual debt insurance or any other ancable benefit arising in connection with the credit agreement by the creditor himself or by reason of a credit agreement. Agreement with the creditor is provided by a third party.

(5) If the consumer is entitled to resign according to paragraph 1, there is no right to withdraw from the credit agreement in accordance with § 8 FernFinG or § 3 para. 1 to 3 KSchG.

(6) The provisions of paragraphs 1 to 5 shall not apply to mortgage-backed loans.

Related credit agreements

§ 13. (1) A linked credit agreement shall be a credit agreement which shall:

1.		is used in whole or in part to finance a contract for the supply of certain goods or for the provision of a particular service; and
2.		an economic entity is objectively considered to be an economic entity by means of the financed contract, in particular as a result of the fact that:
a)			where the credit is granted to the consumer by the supplier of goods or service providers himself,
b)			where the creditor makes use of the participation of the supplier of goods or the service provider in the preparation or conclusion of the credit agreement,
c)			where the credit agreement expressly specifies the specific goods or the provision of a specific service; or
d)			if the creditor and the supplier of goods or service providers enter into a contractual relationship with each other within the framework of such financing or are in permanent business relationship with each other on account of such financing.

(2) In the case of a related credit agreement, the consumer may refuse the satisfaction of the creditor, insofar as he/she is entitled to objections from the legal relationship with the supplier or service provider and without success by him or her. have been asserted against the supplier or service provider.

(3) If, in accordance with consumer protection provisions, the consumer withstands a contract for the supply of goods or the provision of services, the resignation shall also apply in respect of a credit agreement which is associated with that contract. In this case, the creditor shall be entitled to a replacement of the payments which he has paid to public authorities and cannot recover, but shall not be entitled to any other compensation or interest.

(4) If the consumer returns from the credit agreement in accordance with § 12, he may withdraw from a contract for the supply of goods or the provision of services within one week from the delivery of the resignation, if the credit agreement has been concluded with of this contract in the sense of paragraph 1. This does not apply if the economic unit only derids from the indication of the goods or the service provided in the credit agreement (paragraph 1). 1 Z 2 lit. c).

(5) The provisions of paragraphs 2 to 4 shall not apply to credit agreements which are used to finance the acquisition of financial instruments.

Right of dismissal and similar rights of the creditor

§ 14. (1) By way of derogation from Section 986 (2) of the German Civil Code (ABGB), the creditor may terminate a credit agreement concluded for an indefinite period only if this right has been agreed with the consumer and if an at least two-month notice period is observed. The termination must be attributed to the consumer on paper or on another durable medium.

(2) The creditor is not entitled to the right of denial of payment in accordance with § 991 ABGB; however, he may, contractually, reserve the right to disburse the payment of credit amounts which the consumer has not yet taken advantage of in a factual form. justifiable reasons. If he intends to exercise this right, he shall immediately inform the consumer of this right on paper or any other durable medium, giving the reasons. The reasons for the indication of the reasons shall be left to the extent that this would endanger public safety or order.

(3) If the consumer has to pay his debt in instalment and the creditor reserves the right, in the event of non-payment of partial or secondary claims, to demand the immediate payment of the total outstanding debt (Termination loss), he may exercise that right only if he himself has already provided his services, at least a backward performance of the consumer has been due for at least six weeks, and the creditor shall be entitled to the consumer by Threat of termination loss and with a grace period of at least two weeks without success has been admonished.

Announcement by the consumer

§ 15. The consumer may terminate a credit agreement concluded for an indefinite period at any time. He/she shall not be charged any costs for the termination of the contract. By way of derogation from Section 986 (2) of the German Civil Code (ABGB), a period of notice shall be complied with only if it has been agreed in the contract and does not exceed one month.

Early repayment

§ 16. (1) The borrower shall have the right at any time to repay the amount of the loan in part or in full before the end of the period of time that is required. The early repayment of the entire credit amount together with interest shall be deemed to be a termination of the credit agreement. The interest payable by the borrower shall be reduced in the event of early loan repayment in accordance with the reduced level of the external balance and, where appropriate, the reduced duration of the contract; the costs of the maturity of the loan shall be reduced proportionate.

(2) The creditor may require the borrower to pay an adequate and objectively justified compensation for the asset disadvantage that is likely to be immediately incurred by the borrower from the early repayment. This shall not apply if:

1.		the early repayment with an insurance benefit is made from an insurance contract which is to guarantee the repayment of the loan in accordance with the agreement;
2.		the repayment falls within a period for which no fixed rate of interest has been agreed;
3.		the prematurely repaid amount does not exceed EUR 10 000 over a period of twelve months, or
4.		the loan has been granted in the form of an overdraft.

(3) The compensation shall not exceed the interest which the consumer would have to pay for the credit amount in question until the end of the period of validity of the credit agreement. It shall also not exceed

1.		0,5% of the prematurely repaid amount of credit if the period between the early repayment and the agreed expiry of the credit agreement does not exceed one year, and
2.		1% in all other cases
.

(4) In the case of a mortgage secured credit, a period of notice of no more than six months may be agreed for the early repayment or until the expiry of an agreed period with a fixed nominal interest rate. If the borrower does not comply with the agreed period of notice, the creditor may request compensation in accordance with the first sentence of paragraph 2 for the part of the notice period which has not been held; the second sentence of paragraph 2 shall not apply to the same. The amount of the compensation shall be paragraph 3. § § 18, 19 and 21 HypBG and § 8 PfandbriefG remain unaffected.

(5) In the case of a loan with a repayment institution, the creditor shall, at the request of the borrower, waive a contractual right in respect of the payments to be paid to the repayment institution, in so far as the borrower prematurely takes the credit is repaid.

Recovery of claims

§ 17. If the creditor's claims are withdrawn from a credit agreement or the credit agreement itself is admissibly transferred to a third party, the consumer shall be informed, unless the original creditor enters into force with the Consent of the assignee or the contractor to the consumer as against the consumer as a creditor. Article 1396 of the German Civil Code (ABGB) cannot be dismissed to the detriment of the consumer by agreement.

Section 3

Overdraft

Definition and applicable provisions

§ 18. (1) An explicit credit agreement is an explicit credit agreement with which the creditor undertakes to make available to the consumer amounts exceeding the current credit balance on the current account of the consumer.

(2) The second section of Section 4, 5 (1) (1) to (3) and (2), § § 7, 8, 9 (1) and (3) of the second section shall only apply to overwork opportunities in which the loan is to be repaid according to the request or within three months (short-term confiseability). and to apply § § 13 and 14 (3) with the special features regulated in § § 21 and 22. In addition, § § 19 and 20 apply to these overdraft possibilities.

(3) The second section should be used for other overdrawing possibilities with the special features provided for in § § 21 and 22.

Pre-contractual information requirements for short-term overdraft

§ 19. (1) Before the consumer is bound by a credit agreement or an offer for a credit agreement in the form of an overdraft, in which the credit is to be repaid upon request or within three months, the Lenders shall make available to the consumer, on the basis of the credit conditions offered by the creditor and, where appropriate, the preferences and information provided by the consumer, the information provided to the consumer by the credit institution needs to compare different offers and make an informed decision on the conclusion of a credit agreement. This information shall be communicated on paper or on another durable medium and shall contain, in particular, the following information, all of which is optically highlighted in the same way:

1.		the nature of the credit,
2.		the identity and address of the creditor and, where appropriate, the identity and address of the credit intermediary involved,
3.		the total amount of credit,
4.		the duration of the credit agreement;
5.		the nominal interest rate, the conditions for the application of the nominal interest rate and indices or reference rates of interest applicable to the initial interest rate applicable from the date of the conclusion of the contract of the credit agreement to be paid, and where appropriate, the conditions under which such charges may be amended,
6.		the annual percentage rate of charge, explained on the basis of representative examples, indicating all the assumptions made in the calculation of the annual interest rate in accordance with § 27,
7.		the conditions and the procedure for terminating the credit agreement;
8.		where appropriate, the indication that the consumer may be required at any time to repay the entire amount of the credit,
9.		the interest rate applicable in the event of default and the nature of its possible adjustment and, where appropriate, the cost of delay,
10.		the right of the consumer to an immediate and unpaid communication according to § 7 (4) of the European Parliament on the outcome of a database query to assess its creditworthiness;
11.		information on the relevant costs of the conclusion of the credit agreement and, where applicable, the conditions under which such costs may be changed;
12.		where applicable, the period during which the creditor is bound by the pre-contractual information.
Where the information form referred to in Annex III ("European standard information on overdraft rights under the Consumer Credit Act") is used for the communication of the information referred to in Z 1 to 12, the specific information shall be given in the following: Information requirements of the creditor pursuant to this paragraph and in accordance with § 5 (1) FernFinG as fulfilled.

(2) In the case of long-distance calls or if the consumer demands that the overdraft be immediately available, the description of the main characteristics of the financial service shall at least include the information provided for in paragraphs 1, Z 3, 5, 6 and 8. .

(3) Where the contract has been concluded at the request of the consumer by means of a means of distance communication in which the provision of the pre-contractual information in accordance with paragraph 1, including the cases referred to in paragraph 2 above, is not possible, the to comply with its obligations under paragraph 1 immediately after the conclusion of the credit agreement, by presenting the contractual information to the consumer in accordance with § 20.

(4) In addition to the information referred to in paragraph 1 or 2, the creditor shall make available to the consumer, free of charge, a copy of the draft credit contract with the contractual information in accordance with § 20. This provision shall not apply if the creditor is not prepared to conclude a credit agreement with the consumer at the time of the failure.

(5) The information requirements provided for in this provision shall also apply to the credit intermediary, unless the credit intermediary is concerned with a supplier of goods which is involved in the credit transfer only in a subordinate role; or Service providers.

Mandatory data for short-term overdraining possibilities

§ 20. In the case of credit agreements in the form of confiscuses in which the loan is to be repaid upon request or within three months, it is clear and concise to indicate the following:

1.		the nature of the credit;
2.		the identity and addresses of the contracting parties and, where appropriate, the identity and address of the credit intermediary concerned;
3.		the duration of the credit agreement;
4.		the total amount of credit and the conditions for the use of the credit;
5.		the nominal interest rate, the conditions for the application of the nominal interest rate and, where available, indices or reference rates of interest relating to the initial rate of interest, the periods, the conditions and the way in which the rate is applied to the Adjustment of the nominal interest rate; shall apply, depending on the circumstances, different rates of interest, the said information shall be given for all applicable rates of interest to be applied;
6.		the annual percentage rate of interest, together with all the assumptions made in its calculation, in accordance with Article 27 and the total cost of the credit to the consumer, calculated at the time of the conclusion of the credit agreement;
7.		the indication that the consumer may be required at any time to repay the entire amount of the credit;
8.		the procedures to be followed in the exercise of the right to terminate the credit agreement; and
9.		Information on the relevant charges and, where applicable, the conditions under which those charges may be changed from the date of conclusion of the credit agreement.

Account statement

§ 21. Where a consumer is granted a credit in the form of an overdraft, the creditor shall regularly inform him by means of an account statement on paper or any other durable medium. The statement of account shall contain the following details:

1.		the exact period of time on which the statement of account relates,
2.		the amounts used and the date of use,
3.		the balance as well as the date of the last account,
4.		the new balance,
5.		the date and the respective amount of the consumer's payments,
6.		the nominal interest rate applied;
7.		any charges levied,
8.		the minimum amount to be paid.

Information about change of setpoint interest rate

§ 22. (1) In the case of a loan in the form of an overdraft, an increase in the nominal interest rate or the charges levied can only take effect after the creditor has received the consumer on paper or another durable medium. has been informed.

(2) Under the conditions set out in Section 11 (2), a deviating date may be agreed for the effectiveness of the change in the nominal interest rate, whereby the information shall be given in the form of an account statement in accordance with § 21.

Section 4

Overruns

Definition and applicable provisions

§ 23. (1) Exceeding is a tacitly accepted overdraft in which the creditor makes available to the consumer the amounts of the current credit balance on the current account of the consumer or the agreed amount of the agreed amount. Overdrawing possibility.

(2) In the case of exceedances of at least EUR 200, § 24 shall apply, with the exception of exceedances in which the amount of the credited amount is to be repaid within three months and only a small amount of costs are incurred. The second section is not applicable to exceedances.

Mandatory data in the contract and information requirements

§ 24. (1) A contract for the opening of a current account, giving the consumer the possibility of exceeding the limit, shall be required to provide information on the nominal interest rate, on the conditions for applying the nominal interest rate, on indices or Reference rates of interest which shall apply to the initial rate of interest, which shall include the charges to be paid and where appropriate on the conditions under which those charges may be amended from the date of the excess. The creditor shall communicate this information at regular intervals on paper or other durable medium.

(2) In the event of a significant excess over a period of more than one month, the creditor shall immediately inform the consumer of the following on paper or another durable medium:

1.		the existence of a breach,
2.		the amount concerned,
3.		the nominal interest rate,
4.		Any contractual penalties, charges or interest on arrears.

Section 5

Payment postponing and other financial support

Applicable provisions

§ 25. (1) The provisions of the second section, with the exception of section 11 (4) and with the following provisions, shall apply to contracts with which a trader grants a consumer a payment of payment or other financial assistance for the purpose of payment of payment. Special arrangements shall apply. However, the application of the second section shall not apply to contracts relating to the recurrent provision of services or to the supply of goods of the same type in which the consumer is responsible for the duration of the provision or supply of goods. Partial payments for these services or goods.

(2) In the event of a delay in payment for a particular product or service, the standard information in advertising (§ 5 (1)) must also contain the cash payment price and the amount of any additional payments. The cash price as well as the goods or services must also be specified in the pre-contractual information (§ 6 para. 1) and in the credit agreement (§ 9 para. 2).

Consumer leasing contracts

§ 26. (1) Contracts in which an entrepre of an entreprer leaves a case for use to a consumer shall be regarded as a financing aid in the meaning of Section 25 (1) if, in addition to the contract itself or in a separate contract, it is additionally agreed that:

1.		the consumer is obliged to purchase the goods;
2.		the trader may require the consumer to purchase the goods;
3.		in the event of termination of the contract, the consumer has the right to purchase the goods at a certain price and, if he does not exercise that right, he has the right to stand by the trader in order to ensure that the case is of such value; or
4.		the consumer has to comply with the contract for a certain value of the goods at the end of the contract, without giving him the right to purchase the goods.

(2) In the case of consumer leasing contracts, section 25 (2) shall apply; as a cash payment price, the purchase price to be paid by the entrepellent for the acquisition of the goods shall be deemed to be the price. In the event of the fulfilment of its obligation to provide information in accordance with § 6, the operator shall also inform the consumer of the residual value risk to be carried by that consumer and on the nature of the determination of the value of the case at the termination of the contract; this information shall also be included in the contract (§ 9).

(3) § 12 and § 15 shall not apply to consumer leasing agreements pursuant to paragraphs 1, Z 3 and 4.

(4) In the case of consumer leases pursuant to paragraph 1 (1) (1), Section 16 (1) is to be applied, subject to the proviso that the early acquisition of the goods shall be deemed to be an early repayment within the meaning of this provision. In this case, the payments to be made by the consumer shall be reduced in accordance with the duration of the contract which has been shortened as a result of the early acquisition. The entrepre shall specify the necessary basis in the contract (§ 9) for the purpose of taking this calculation.

(5) In the case of a consumer leasing contract pursuant to Section 1 (2) of the Consumer Protection Agreement, the consumer may insist that the consumer acquires the goods in accordance with the provisions of Section 16 (1). In this case, the payments to be made by the consumer shall be reduced in accordance with the duration of the contract which has been shortened as a result of the early acquisition. If, on the other hand, the consumer returns the case prematurely due to the lack of an operator's request for employment, the payments to be made by him shall also be reduced by the value of the item at the time of the return. The contractor shall specify the necessary basis in the contract (§ 9) for the acceptance of these calculations.

(6) In the case of a consumer leasing contract pursuant to paragraph 1 (1) (3) of the Consumer from his/her right pursuant to Section 16 (1), he shall declare whether he or she acquires the goods prematurely. In such a case, the payments to be made by it shall be reduced in accordance with the duration of the contract which has been shortened by the early acquisition. If, on the other hand, the consumer returns the case prematurely, the payments to be made by the consumer shall also be reduced by the value of the item at the time of the return. The last sentence of paragraph 5 shall apply.

(7) § 16 shall not apply to consumer leasing agreements pursuant to paragraph 1 (1) (4). However, such contracts may be terminated at any time by the consumer. In this case, the trader may require payment of the same amount as the consumer leasing contract referred to in paragraph 1 (2) or (3) of the consumer on the basis of a premature provision of the item pursuant to paragraph 5, third sentence, or third sentence of third sentence. would have to be done. In the event of the fulfilment of its obligation to provide information in accordance with § 6, the operator shall also inform the consumer of his right to terminate the consumer, the obligation to pay the consumer in this case and the calculation thereof; this information shall also be available in to enter into the contract (§ 9).

6.

Additional provisions

Calculation of the annual percentage rate of charge

§ 27. (1) The annual percentage rate of charge, which shall be equal on an annual basis, the equality between the present values of the total current or future obligations (credits, repayments and charges levied) of the creditor and the credit institution A consumer shall be calculated on the basis of the mathematical formula in Part I of Annex I.

(2) For the calculation of the annual percentage rate of charge, the total cost of the credit shall be applicable to the consumer, with the exception of the costs which he/she has to bear in the event of non-compliance with one of his obligations under the credit agreement, as well as the costs incurred by the credit Exception to the purchase price which he or she has to bear in the purchase of goods or services irrespective of whether the transaction is a cash or a credit transaction. The cost of managing an account in which both payments and credit amounts are accounted for, the cost of using a means of payment to make both payments and credit amounts. , as well as other costs for payment transactions, shall be taken into account as the total cost of the credit to the consumer, unless the opening of the account is optional and the costs associated with the account are in the Credit agreement or in another contract concluded with the consumer clearly and separately .

(3) The calculation of the annual percentage rate of charge shall be based on the assumption that the credit agreement is valid for the agreed period and that the creditor and the consumer are subject to their obligations under the terms and conditions laid down in the credit agreement; and at the dates fixed there.

(4) In credit agreements with clauses according to which the nominal interest rate and, where applicable, the charges contained in the annual percentage rate of charge, but which are not possible at the time of its calculation, may be amended, the Calculation of the annual percentage rate of charge shall be presumed to be based on the assumption that the nominal interest rate and the other costs shall remain fixed at the original level and shall apply until the end of the credit agreement.

(5) Where necessary, the calculation of the annual percentage rate of charge may be based on the additional assumptions set out in Annex I.

Criminal provisions

§ 28. In so far as the action does not constitute a criminal offence or is punishable under other administrative criminal provisions with a stricter penalty, an administrative surrender shall be carried out and shall be subject to a fine of up to EUR 10 000. punishing who

1.		Loans without the necessary or incorrect information pursuant to § 5;
2.		In the pre-contractual information provided pursuant to § 6 or § 19, incorrect information is received or the information requirements in accordance with § 6 or § 19 are not fulfilled or not completely fulfilled,
3.		the creditworthiness of the consumer is not assessed in accordance with § 7 (1), the consumer does not refer to the concerns about the creditworthiness in accordance with § 7 para. 2 or the consumer is not informed according to § 7 (4) of the results of the database query information,
4.		does not include all of the information provided or incorrect in accordance with § 9 or § 20 into a credit agreement,
5.		shall not provide the consumer with a repayment plan in accordance with § 10 at the request of the consumer,
6.		shall not be informed in accordance with § 11 or § 22 of a change in the nominal interest rate,
7.		inform the consumer not by means of an account statement corresponding to the requirements of section 21;
8.		in the case of an account with the possibility of exceeding the information provided in accordance with § 24, to record false information or not to comply with the information requirements in accordance with § 24 or not fully,
9.		one of the acts referred to in Z 1 to 6 is committed in the event of a payment postponing or any other financial assistance, and thereby violates § 25 in conjunction with the provisions of the second section,
10.		one of the acts referred to in Z 1 to 6 is committed under a consumer leasing contract and thereby violates § 25 and § 26 in conjunction with Section 25 (1) and the provisions of the second section.

Entry into force and transitional provision

§ 29. (1) This federal law shall enter into force on 11 June 2010.

(2) Unless the following paragraphs determine otherwise, it shall apply only to credit agreements and credit agreements concluded or granted after 10 June 2010.

(3) § § 11, 14 (1) and (2), § § 15, 17, 22 and 24 (1) second sentence and (2) are also applicable to credit agreements and credit agreements which were concluded or granted before 11 June 2010 and which are still maintained on 11 June 2010. In addition, credit agreements and credit agreements concluded or granted before 11 June 2010 shall continue to apply the previous provisions.

(4) § 6 shall be in the period from 11 June 2010 up to and including 31. The Commission shall ensure that, in addition to the form referred to in § 6, the information contained therein may also be granted in other reasonable ways, in October 2010. § 19 shall be in the period from 11 June 2010 to 31 inclusive. The Commission shall, in addition to the form referred to in § 19, apply the information provided for in October 2010 in such a way as to enable the information contained therein to be granted in other reasonable ways.

(5) § 9 shall be in the period from 11 June 2010 to 31 inclusive. October 2010 with the proviso that the information contained therein may also be given in other reasonable ways, in addition to the form set out in § 9, unless the provisions applicable to the contractual relationship have been established in the following way: have provided for a certain form of communication of information in the Treaty. By means of a notification of the information corresponding to the above sentence, the condition set out in the last sentence of § 12 (1) for the beginning of the withdrawal period is deemed to be fulfilled.

(6) § 25 (1) is in the period from 11 June 2010 to 31 December 2010 inclusive. In accordance with § 5a of the KSchG, the obligations under § § 6 and 9 shall be deemed to be fulfilled if the information provided therein to the consumer is fulfilled by means of a distance communication means in accordance with § 5a of the KSchG not later than together with the delivery of the goods on paper or another durable medium.

(7) § § 10 and 21 shall not be applied until 1 November 2010, but from this date also on credit agreements and credit agreements concluded or granted between 11 June 2010 and 1 November 2010, and on 1 November 2010, are upright.

Enforcement

§ 30. With the enforcement of this federal law, the Federal Minister of Justice is entrusted with the provisions of § § 7 (5) and 28 (28) of the Federal Chancellor and, incidentally, the Federal Minister for Justice.

ANNEX I

I. Basic equation for the presentation of the equality between credit disbursement amounts on the one hand and repayments (repayment and borrowing costs) on the other hand

(1) The following equation for the calculation of the annual percentage rate of charge shall, on an annual basis, express the calculated equality between the sum of the present values of the credit payout amounts used, on the one hand, and the sum of the total amounts of the credit payout amounts, on the other hand, Counterwarts of repayments (redemption and costs) on the other hand:

Where:

-	X of the annual percentage rate of charge;
-	(m) the current number of the last amount of the loan disburs;
-	k is the serial number of a loan payout amount, where 1 ≤ k ≤ m;
-	Ck the amount of the loan-payout amount with the number k;
-	tk of the period expressed in years or fractions of a year between the first credit payout and the date of each subsequent loan repayment amount, where t1 = 0;
-	m ' the current number of the last repayment or cost payment;
-	l the current number of a repayment or payment payment;
-	Dl the amount of a repayment or payment;
-	The period of time, expressed in years or fractions of a year, between the date on which the first loan is paid out and the date on which each payment or cost payment is made.

(2) The calculation shall take account of the following:

(a) The amounts paid by both parties at different times shall not necessarily be equal and shall not necessarily be paid at the same time intervals.

(b) The initial date shall be the date of payment of the first amount of credit.

(c) The period between these dates shall be expressed in years or fractions of a year. It is based on 365 days (or more) for one year. for a leap year 366 days), 52 weeks or twelve standard months. A standard month has 30,41666 days (d. h. 365/12), regardless of whether it is a leap year or not.

(d) The result of the calculation shall be given in detail to at least one decimal place. If the digit of the following decimal place is greater than or equal to 5, the number of the first decimal place shall be increased by the value of 1.

(e) This equation can be represented by a single summation using the factor "flows" (Ak), which are either positive or negative, depending on whether they are for disbursements or for repayments within the periods 1 to 3. k, expressed in years, stand:

where S is the balance of the present values of all "currents", the value of which must be equal to zero, so that equality between the "currents" is maintained.

II. Additional assumptions for the calculation of the annual percentage rate of charge

(a) If, according to the credit agreement, the consumer is exempted when he wishes to claim the credit, the full amount of the credit shall be deemed to have been immediately taken up.

(b) If the credit agreement provides for different types of use at different costs or rates of interest, the total amount of credit shall be deemed to be at the highest cost and the highest rate of interest, such as that applicable to the category of Transactions that are the most common in this type of credit contract.

(c) If, in general, the credit agreement provides for the consumer to be exempted when he intends to claim the loan, however, depending on the nature of the use, the amount and the period shall be limited, the total amount of credit shall be deemed to be limited to to the earliest possible date provided for in the credit agreement, subject to the appropriate restrictions.

(d) If no timetable has been established for the eradication of the disease, it shall be adopted:

i)			that the credit is granted for a period of one year starting from the date in question and
ii)			that the loan will be repaid in twelve equal rates at a distance of one month each.

(e) where a timetable for the repayment has been established, the amount of the repayment may be handled in a flexible manner, and it shall be assumed that each repayment amount shall be the lowest amount provided for in the credit agreement.

(f) If a number of repayment dates are provided for in the credit agreement, both the payment and the repayment of the credit must be made at the time provided for in the contract as the earliest possible date, unless otherwise agreed .

(g) If no credit limit has been agreed yet, an upper limit of EUR 1 500 shall be adopted.

(h) In the event of an overdraft, the entire loan shall be considered to be in full and for the entire duration of the credit agreement; if the duration of the credit agreement is not known, the calculation of the effective credit agreement shall apply to the credit agreement. Annual interest rate is based on the assumption that the duration of the credit agreement is three months.

(i) If various interest rates and costs are offered for a limited period or amount, the highest interest rate, or the rate of interest, shall be the interest rate or the cost over the entire duration of the credit agreement; the highest cost.

(j) In the case of consumer credit agreements for which a fixed rate of interest has been agreed for the initial period, a new nominal interest rate shall be established after the end of the contract, which shall subsequently be set at regular intervals following an agreed indicator; , the calculation of the annual percentage rate of charge shall be based on the assumption that, from the end of the fixed period, the nominal interest rate shall be equal to the nominal interest rate resulting from the value of the agreed indicator at the time of the Calculation of the annual percentage rate of charge.

Annex II

European standard information for credit ratings under the Consumer Credit Act

1. Name and contact details of the creditor/credit intermediary

Lenders Address Phone (*) Email (*) Fax (*) Internet Address (*)	[name] [Address for contact with the consumer]
(if applicable) Credit intermediary Address Phone (*) Email (*) Fax (*) Internet Address (*)	[name] [Address for contact with the consumer]

(*) Volunteer information provided by the lender.

In all cases where "if applicable" is indicated, the creditor must fill in the relevant box if the information is relevant to the credit product, or the relevant information or the relevant information, or the relevant information, or the relevant information. Pass the entire line if the information is not relevant to the credit type in question.

The endorsements in square brackets are used to explain and replace them with the relevant information.

2. Description of the essential characteristics of the credit product

Credit Type
Total Credit Amount Ceiling or sum of all amounts made available under the credit agreement
Conditions of use What is meant is how and when you get the money
Duration of the credit agreement
Partial payments and, where appropriate, order in which the instalments are to be credited	They must make the following payments: [amount, number and maturity of payments to be made by the consumer] Interest and/or costs are to be paid as follows:
Total amount you want to pay Amount of the capital borrowed plus interest and any costs related to your credit	[sum of total amount of credit and total cost of credit]
(if applicable) The loan is granted in the form of a payment order for a good or service, or is connected with the delivery of certain goods or the provision of a service. Name of product/service Cash price
(if applicable) Required Guarantees Description of the collateral to be provided by you in connection with the credit agreement	[Type of collateral]
(if applicable) Payments shall not be used for direct capital redemption