Terms and Conditions for Piano Transport and Transport Services

Scope

(1) These General Terms and Conditions (hereinafter “GTC”) apply to all contracts on the transport, the carrying, the loading and unloading, the storage and the disposal of pianos, grand pianos and other goods which the customer concludes with MK Klavier Art e.U. (hereinafter “the company”). Repair and restoration are not part of these services and not covered by these GTC.

(2) These GTC apply to consumers and to entrepreneurs within the meaning of § 1 KSchG. A consumer is a person for whom the transaction does not form part of the operation of their business; an entrepreneur is a person for whom the transaction forms part of the operation of their business. Where these GTC would deviate from mandatory law to the disadvantage of a consumer, mandatory law applies.

(3) By placing the order, the customer accepts these GTC as part of the contract in the dated version applicable when the contract is concluded. Deviating or supplementary terms and conditions of the customer do not become part of the contract, even if they are not expressly objected to.

(4) Austrian law applies. The provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) apply to the carriage of goods by road for remuneration, both to cross-border and to purely domestic carriage (§ 439a UGB, Austrian Commercial Code). Removal goods, mere storage and mere disposal are excluded; for these, the provisions of the UGB and of the ABGB (Austrian Civil Code) apply. Where the CMR applies, its mandatory provisions take precedence over these GTC; these GTC then apply only in addition.

(5) These GTC take precedence over commercial customs. Mandatory statutory provisions remain unaffected in every case.

Duties of the company

The company performs its services with the care of a prudent carrier. In doing so, it safeguards the interests of the customer.

Contracting parties

(1) The contract is concluded exclusively between the customer and the company.

(2) Agreed amendments and additions to the order, as well as additional orders, are confirmed by the company in text form.

(3) Drivers, sub-carriers and other driving and accompanying personnel are not authorised to conclude or amend contracts or to accept additional orders on behalf of the company. Vis-à-vis consumers, this restriction applies only in accordance with § 10 KSchG; the legal effect of informal declarations by the company or its representatives is not excluded vis-à-vis consumers.

Collection and delivery of the goods

(1) The company collects the goods and delivers them to the agreed place of delivery. If a dwelling, business premises or a specific installation location has been agreed as the place of delivery, delivery is to be made there. If no specific place has been agreed, the handover point agreed with the customer applies.

(2) The company’s custody begins when the goods are taken over and ends with delivery at the agreed place. The condition of the goods is documented on taking over and on delivery.

(3) If the recipient is not present despite an agreed appointment, or refuses to take delivery without justified reason, there is an obstacle to delivery. The company is entitled to unload and store the goods at the customer’s expense. Liability for intent and gross negligence remains unaffected.

(4) Agreements between the customer and third parties arising from the contract underlying the consignment have no effect vis-à-vis the company.

(5) The company may carry the goods together with goods of other customers in groupage loads, unless otherwise agreed. In the case of groupage loads, the date and time of collection and of delivery can be stated only within a time window; a binding fixing requires a separate written agreement (§ 12).

Duty of the customer to provide information

(1) When placing the order, the customer must inform the company completely and correctly about the contents of the consignment. In particular, it must be stated whether valuables, money or dangerous or perishable goods form part of the consignment; for consignments of valuables the value, and for consignments of money the amount, must be disclosed.

(2) The customer must also inform the company completely and correctly about the access and route conditions relevant to performance, insofar as the company asks about them, in particular about the floor, the number and type of staircases (including spiral or wooden staircases), the dimensions of landings, passageways and doors, the stopping and parking options and other circumstances essential for carrying the instrument.

(3) The information must be given to the company. Vis-à-vis consumers, § 10 KSchG remains unaffected; the legal effect of informal declarations by the company or its representatives is not excluded.

(4) The customer is responsible for the correctness and completeness of their information. If the customer breaches the duty to provide information, they bear the resulting costs and damage in accordance with their share of causation and fault (§ 1304 ABGB); insofar as damage is attributable to incorrect or incomplete information, the company’s liability is reduced or excluded accordingly. The company’s liability for personal injury and for intent and gross negligence remains unaffected.

(5) In the case of consignments of valuables and money, as well as dangerous or perishable goods about which the company was not informed, the company is entitled to unload them immediately and to store them at the customer’s expense. Liability for intent and gross negligence remains unaffected.

(6) If the information changes substantially after the order has been placed, the company is entitled to refuse to carry out the transport.

(7) If the actual access or route conditions at the time of performance deviate from the customer’s information, so that the carriage can be carried out only with greater effort or not at all, the company may adjust the remuneration; the customer is informed in advance. If the carriage does not take place for this reason, or if the customer does not accept the adjusted conditions, the company is entitled to the remuneration in accordance with § 1168 ABGB. If the company demands the remuneration from a consumer, it informs them of the reasons for the set-off (§ 27a KSchG).

Cancellation of the transport order

(1) The customer may cancel the transport order free of charge: for transports in Vienna and the surrounding area up to 48 hours before the agreed start of transport, and for national and international transports up to 14 calendar days before the agreed date.

(2) If the customer cancels later, or if the carriage does not take place due to circumstances within their sphere, the company is entitled to the agreed remuneration. The company must allow to be set off what it saves as a result of the carriage not being performed, or what it acquires through other use, or deliberately fails to acquire (§ 1168 ABGB). If the company demands the remuneration from a consumer, it informs them of the reasons for the set-off (§ 27a KSchG).

(3) If the carriage is not performed for reasons of force majeure or due to other circumstances for which neither party is responsible (in particular fire, natural disasters such as storm, flood, hail or earthquake, and also official prohibitions, strike or riot), the claim to remuneration lapses insofar as the service is not provided.

(4) Statutory rights of withdrawal of the consumer, in particular under the FAGG (Austrian Distance and Off-Premises Transactions Act), remain unaffected. In the case of transport contracts with an agreed date or period, there is no right of withdrawal under the FAGG (§ 18 (1) no. 10 FAGG).

Transport documents

(1) The customer must hand over to the company all accompanying documents required for carrying out the transport and for complying with customs and other administrative regulations up to delivery. Where relevant, this also includes any necessary permits, for example under species protection law (CITES, the Convention on International Trade in Endangered Species), in particular for instruments with ivory components.

(2) The customer is responsible for the correctness and completeness of these documents. The company is under no obligation to check the content of the documents; the company’s liability for intent and gross negligence remains unaffected.

(3) Costs and damage arising from incorrect or incomplete documents are borne by the customer in accordance with their share of causation and fault (§ 1304 ABGB).

(4) If, at the customer’s request, the company undertakes to obtain or prepare customs, CITES or other documents, this requires a separate agreement; this service is quoted and charged separately and requires the customer to provide the necessary information and documents in good time.

Inspection of the contents of the consignment, determination of number and weight

(1) The company is entitled at any time, but not obliged, to check whether the consignment corresponds to the customer’s information and whether the goods comply with any applicable special regulations. If it turns out that the consignment does not correspond to the information, an obstacle to carriage arises; the customer must be notified.

(2) If the customer does not immediately take measures for the proper continuation of the carriage, the company is entitled to unload and store the goods at the customer’s expense.

(3) If the customer is an entrepreneur, the company may, at its option, also arrange for the sale of the goods in accordance with the applicable statutory provisions. This option does not exist vis-à-vis consumers.

(4) Costs and damage arising from this are borne by the customer in accordance with their share of causation and fault (§ 1304 ABGB). The company’s liability for intent and gross negligence remains unaffected.

Duties of the customer

(1) Insofar as the packaging of the goods to be transported is the customer’s responsibility, the customer is responsible for proper and transport-safe packaging. Damage attributable to inadequate packaging falls within the customer’s sphere; § 1304 ABGB applies.

(2) Before the service begins, the customer must clear the entire carrying route inside and outside the building of all movable objects or secure them, in particular pictures, mirrors, clocks and wall lights, and also vases, lamps, plants, sculptures, electrical appliances as well as furniture, loose carpets and runners and other decorative or fragile objects. There must be no loose objects on or in the instrument itself; in particular, lamps, vases, decorations, sheet music and personal items must be removed before the service begins.

(3) The customer must ensure that the carrying route is clear, passable and sufficiently lit, that outdoor paths are cleared of snow and ice where necessary, and that the required stopping, parking and access options, including keys, access codes and, where applicable, a reserved lift, are available.

(4) Before the service begins, the customer must inform the company of any particularly sensitive or recently renovated surfaces and building elements along the carrying route, for example freshly painted or wallpapered walls, sensitive floors or parquet surfaces, sensitive handrails, door frames or glass elements. The customer must either protect these themselves or enable the company to take appropriate protective measures. If the customer refuses protective measures offered, any damage arising from this is attributable to the customer (§ 1304 ABGB).

(5) The customer must keep animals away, ensure the safety of persons present, in particular children, and keep the working area clear of uninvolved persons.

(6) The customer, or a representative authorised by them, must be present at the agreed time in order to grant access and to make the necessary decisions.

(7) The company is entitled to document the condition of the carrying route and of the adjoining surfaces before and after the service, in particular by photographs.

(8) If the customer breaches one of these duties, they bear contributory fault within the meaning of § 1304 ABGB for any damage caused thereby, which reduces or excludes the company’s liability accordingly. The company’s liability for intent and gross negligence and for personal injury remains unaffected.

Loading and unloading of the goods

(1) When transporting pianos and grand pianos, loading and unloading are carried out by the company. The personnel deployed act for the company; the company’s liability for intent and gross negligence remains unaffected. The dismantling and assembly of components of a grand piano, in particular the legs, the lyre (pedal construction) and the lid, is part of the service only if it is expressly provided for in the quotation.

(2) For other goods, loading and unloading are the responsibility of the customer, sender or recipient, unless otherwise agreed. If the company undertakes loading or unloading on request, it may charge a separate fee for this. If the contractual partner is a consumer, the company always undertakes the unloading, unless expressly agreed otherwise.

(3) If drivers or auxiliary personnel of the company assist with loading or unloading although this is the customer’s responsibility, they are deemed to that extent to be acting for the customer; this does not apply vis-à-vis consumers. The company’s liability for intent and gross negligence remains unaffected.

(4) Agreements on loading or unloading made with the driver or the auxiliary personnel bind the company only in accordance with § 10 KSchG.

Overloading

(1) If the company carries out the loading, it must refuse to load if there is a risk of overloading. If the customer nevertheless insists on loading, the company may refuse the entire carriage and unload the load again at the customer’s expense.

(2) If it turns out that a consignment not loaded by the company is overloaded, the company may require the customer to unload the excess weight at the customer’s expense. If this does not happen immediately, or if the overloading is discovered en route, the company may unload and store the excess weight at the customer’s expense; the unloaded part is made available to the customer. If the customer gives no instructions within a reasonable period, the company may store the goods at the customer’s expense; a sale is permissible only in accordance with the applicable statutory provisions and not vis-à-vis consumers.

(3) If the carriage is not performed because of overloading attributable to the customer, the company’s remuneration is governed by § 1168 ABGB; vis-à-vis consumers, § 27a KSchG applies. Costs and damage arising from the overloading are borne by the customer in accordance with their share of causation and fault (§ 1304 ABGB). The company’s liability for intent and gross negligence remains unaffected.

Loading and delivery periods, delivery dates

(1) Loading and delivery periods as well as delivery dates are not binding vis-à-vis entrepreneurs. If loading, unloading or delivery is to take place bindingly at specific times, this must be agreed in writing; it must be expressly recorded that late performance will not be accepted. The mere statement of dates is not sufficient for this.

(2) If loading, unloading or delivery is delayed due to circumstances within the customer’s sphere (sender and recipient are attributed to the customer), the customer bears the resulting costs and damage, in particular for waiting times and empty runs, in accordance with § 1304 ABGB. An agreed hourly rate is deemed to be remuneration for waiting times.

(3) Changes to agreed loading, unloading or delivery times require the company’s consent. If a change made without consent results in the carriage not being performed, the provisions on cancellation apply (§ 6).

(4) If the recipient refuses to accept the consignment, the company is entitled to reasonable remuneration for the return transport, up to a maximum of the agreed freight. The right to unload under § 4 of these GTC remains unaffected.

(5) Stated times and time windows within a day are guide values and are not binding vis-à-vis any customer, unless a specific time has been expressly agreed. An agreed delivery day remains unaffected by this.

Loading equipment

(1) The company is not liable for loading equipment handed over to it, such as pallets, and is not obliged to guarantee its return. The company’s liability for intent and gross negligence remains unaffected.

(2) If the company undertakes the return of the loading equipment, it is entitled to the remuneration agreed for this.

Payment of the transport price

(1) Unless otherwise agreed, the invoice amount and any additional costs, of which the customer must be informed before the contract is concluded, are due immediately upon invoicing. If it has been agreed that the transport costs are to be borne by a third party, the customer is jointly and severally liable together with the third party.

(2) For transports within Austria, payment is made by bank transfer or in cash, in advance or immediately after performance. For international transports, the transport price must be paid in full in advance before performance; the amount is stated in the quotation.

(3) The price stated in the quotation applies. An adjustment of the price is permissible only in the cases expressly governed by these GTC, in particular where the access or route conditions deviate from the customer’s information (§ 5) and where the number of floors deviates (§ 21).

(4) In the event of late payment, the company is entitled to statutory default interest; vis-à-vis consumers under § 1333 ABGB, vis-à-vis entrepreneurs under § 456 UGB. After default has occurred, the company may send reminders. Vis-à-vis consumers, reminder fees of EUR 15 per reminder are charged for this, which are reasonably proportionate to the cost of collection; vis-à-vis entrepreneurs, the flat-rate amount of EUR 40 under § 458 UGB applies. If payment is still not made despite a reminder, the company may hand the claim over to a debt collection agency or a lawyer and enforce it in court; the necessary and appropriate costs are borne by the defaulting customer, insofar as they are reasonably proportionate to the claim (§ 1333 (2) ABGB).

(5) Correspondence via the email address used by the customer for the enquiry, or via the contact form, is deemed authoritative. The obligation to pay does not lapse because the invoice or reminder is not delivered by post or courier. Vis-à-vis consumers, § 10 KSchG remains unaffected.

Exclusion of set-off

(1) Vis-à-vis entrepreneurs, the set-off of claims of the customer against claims of the company is excluded, unless the counterclaim has been expressly acknowledged in writing by the company or has been established by a court.

(2) Vis-à-vis consumers, set-off is not excluded in the event of the company’s insolvency, nor for counterclaims which are legally connected with the consumer’s liability, which have been established by a court or which have been acknowledged by the company (§ 6 (1) no. 8 KSchG).

Lien and right of retention of the company

(1) For all claims arising from the transport contract, in particular for freight, expenses, customs duties and advances, the company has the statutory lien under § 440 UGB over the goods carried. The lien exists as long as the company is in possession of the goods or can dispose of them by means of the corresponding documents.

(2) For claims arising from other contracts concluded with the same customer, the lien exists only insofar as these claims are undisputed or the customer’s financial situation endangers the claim. The commercial right of retention under § 369 UGB exists only vis-à-vis entrepreneurs.

(3) After delivery, the lien continues only if the company asserts it in court within three days of delivery and the goods are still in the recipient’s possession (§ 440 (3) UGB).

(4) More extensive statutory liens and rights of retention of the company remain unaffected.

Realisation of the lien

(1) The lien is realised in accordance with the statutory provisions on extrajudicial realisation of a pledge (§§ 466a et seq. ABGB). The company must give notice of the sale after the secured claim has fallen due, stating the outstanding amount; the sale may take place at the earliest one month after such notice (§ 466b ABGB). In realising the lien, the interests of the customer must be reasonably taken into account (§ 466a (2) ABGB). The customer may avert the sale, up until it is carried out, by paying the outstanding claim.

(2) The company’s right to judicial realisation of the lien remains unaffected.

Liability of the company

(1) Insofar as the CMR applies to the carriage (§ 1), the company’s liability for the goods is governed by the CMR. Compensation is limited under Art. 23 CMR; before the contract is concluded, the customer may declare a higher value or a special interest in delivery under Art. 24 or Art. 26 CMR against a surcharge. In the case of intent or equivalent fault, Art. 29 CMR applies. Notice of damage is governed by Art. 30 CMR, and the limitation period by Art. 32 CMR. The following paragraphs apply insofar as the CMR does not apply (in particular to removal goods, mere storage and mere disposal), and to matters which the CMR does not govern.

(2) Insofar as the CMR does not apply, the company is liable for loss of or damage to the goods in the period between taking over and delivery (§ 4) under §§ 429, 430 UGB; compensation is measured by the ordinary value of the goods (§ 430 UGB). Liability for damage to the goods is limited in amount to the sum stated in the quotation; before the contract is concluded, the customer may declare a higher value, which results in a corresponding adjustment of the remuneration. Vis-à-vis entrepreneurs, liability for slight negligence is excluded.

(3) The company is not liable for damage attributable exclusively to the natural condition, the age, the construction or the nature of the goods, for example to material fatigue or hidden casting or wood defects, even if the damage materialises only during proper handling of the instrument. The same applies to damage attributable to the loading or unloading having been carried out by the customer or the recipient, or to the customer being responsible for it. If the damage is also based on other circumstances, the company is liable in accordance with its share of causation and fault (§ 1304 ABGB).

(4) For damage to buildings, floors, walls, doors, staircases, handrails and other fixed components of the customer’s premises, the company is liable in accordance with its fault and its share of causation (§ 1304 ABGB). This liability exists irrespective of whether the CMR applies to the carriage of the goods.

(5) Indirect damage and consequential damage are excluded vis-à-vis entrepreneurs, but not vis-à-vis consumers.

(6) Damage to the goods must be notified to the company at the latest upon delivery in the case of externally visible damage, and immediately after its discovery in the case of damage which is not externally visible; within the scope of the CMR, Art. 30 CMR applies, otherwise § 438 UGB. The delivery receipt drawn up on delivery and signed by the customer or the recipient, together with the photographs taken at that time, serve as evidence of the condition of the goods and of the premises at delivery. Vis-à-vis entrepreneurs, where the goods are taken over without reservation and receipt is confirmed in writing, it is presumed that the goods and the premises were handed over undamaged. Vis-à-vis consumers, this does not create any burden of proof to their disadvantage (§ 6 (1) no. 11 KSchG); the documents mentioned remain admissible as evidence. Vis-à-vis consumers, § 10 KSchG remains unaffected.

(7) The company’s liability for personal injury and for intent and gross negligence remains unaffected in all cases; the limitations in this section do not apply in that respect (§ 6 (1) no. 9 KSchG, § 438 (5) UGB, § 430 (3) UGB, Art. 29 CMR).

Place of jurisdiction

(1) For disputes arising from transactions between entrepreneurs, the registered office of the company is agreed as the place of jurisdiction.

(2) Vis-à-vis consumers, the mandatory statutory provisions on the place of jurisdiction apply. For an action against a consumer who has their domicile, their habitual residence or their place of employment in Austria, only the court in whose district one of these places is located has jurisdiction (§ 14 KSchG). The places of jurisdiction available to the consumer by law remain unaffected.

Limitation period

(1) Claims arising from the carriage become time-barred after one year; in the case of intent or gross negligence, the limitation period is three years (§ 439 (1) UGB). The limitation period begins at the end of the day of delivery; if the goods have not been delivered, at the end of the day on which delivery should have taken place (§ 439 (2) UGB).

(2) Insofar as the CMR applies mandatorily to cross-border carriage, its provisions on limitation (Art. 32 CMR) take precedence.

(3) For claims which do not arise from the carriage, and for claims arising from personal injury, the statutory limitation periods apply.

Additional delivery conditions for pianos and grand pianos

(1) Special prices and transport conditions apply to the following makes of pianos and grand pianos: Steinway, Bechstein, Grotrian-Steinweg (models after 1980), Steingraeber & Söhne (models after 1980), Fazioli, Bösendorfer (models after 1980), Yamaha models over 200 cm. For the transport of a piano or grand piano of these makes, please send an enquiry via the contact form or to info@klavierart.at; the company will then send a quotation.

(2) The following criteria apply to the price calculation: up to 4 steps count as half a floor; 5 to 14 steps count as one floor; for spiral staircases, the price per floor increases by 50 %. If the actual number of floors deviates from the numbering in the building, for example due to a mezzanine, a raised ground floor or other intermediate storeys, the actual floors are included in the calculation. The customer must state the actual floors when making the enquiry. If more or fewer floors turn out to be involved on site, the price is adjusted accordingly; the company informs the customer in advance, and the delivery is carried out after their consent. If the customer does not consent to the adjustment, § 5 of these GTC applies.

(3) The price stated in the quotation applies. An adjustment is permissible only in the expressly governed cases, in particular where the number of floors deviates (paragraph 2) and where the access or route conditions deviate from the customer’s information (§ 5).

(4) For carriage within Austria, no documents other than the invoice and the correspondence conducted via the agreed communication channels are used. The company may additionally accompany the transport with a delivery note or a consignment note.

(5) The company is entitled to have the carriage performed by another carrier. The company is liable for that carrier’s conduct as for its own (§ 431 UGB); liability for intent and gross negligence remains unaffected.

(6) The company’s public liability insurance covers damage to the customer’s property caused by the transport (§ 18 (4)). It does not cover the piano or grand piano itself. The customer may insure the instrument additionally; further information is available on request.

(7) For damage to the customer’s property and to the instrument, the liability under § 18 applies, as do the provisions there on notice of damage and on the lapse of claims (§ 18 (6), § 438 UGB).

(8) Tuning of the instrument after the transport is not included in the transport price unless this has been expressly agreed.

(9) For grand pianos with large dimensions, or where the access conditions do not permit safe carrying via staircases, the use of a crane or a lifting platform may be necessary; this is quoted and charged separately.

(10) The company is entitled to refuse or to interrupt the performance or the continuation of the carriage if there is a serious danger on site to persons, the instrument, the building, staircases, handrails, windows, balconies or the lifting equipment used. If the danger is based on circumstances within the customer’s sphere, § 5 and § 1168 ABGB apply.

(11) For instruments with electronic or electromechanical components, the company is liable for damage to these components only in the event of proven fault; otherwise § 18 applies.

Enquiry and confirmation of a quotation

(1) When making the enquiry, the customer must provide the information requested by the company completely and correctly, in particular the details of access, route and floors (§ 5). The company prepares the quotation on the basis of this information.

(2) If not all the necessary information is available, the company may provide the quotation with corresponding reservations or request further information.

(3) If the actual conditions deviate from the customer’s information, an adjustment of the price is governed by § 5 and § 21; it is made according to the criteria set out there, determined in advance, and only with the customer’s consent. If the customer does not consent to the adjustment, § 5 applies.

Data protection

(1) The company processes the personal data of the customer, the sender and the recipient required for the carriage in order to perform the contract (Art. 6 (1) (b) GDPR, the EU General Data Protection Regulation) and to comply with legal obligations (Art. 6 (1) (c) GDPR).

(2) Insofar as required or permitted by law, the company transmits data to authorities, in particular to customs authorities.

(3) Further information on the processing, as well as the rights of the data subjects to information, rectification, erasure, restriction, data portability and objection, and the right to lodge a complaint with the data protection authority, can be found in the privacy policy of the company.

Miscellaneous

(1) Should a provision of these GTC be invalid or unenforceable, the contract remains effective in all other respects. The applicable statutory rule takes the place of the invalid provision.

(2) These GTC also apply to the transport and the removal of pianos and grand pianos to Switzerland and to other countries abroad.

(3) Austrian law applies to contracts under these GTC, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of private international law. Vis-à-vis consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded to them by the mandatory provisions of the state in which they have their habitual residence (Art. 6 (2) Rome I Regulation). For cross-border carriage, the CMR takes precedence (§ 1).

Piano transport calculator

(1) By submitting an enquiry via the piano transport calculator the user acknowledges the following conditions.

(2) The values shown by the calculator are based on the data entered by the user and are non-binding estimates for orientation. They do not constitute a binding offer. The binding price results from the company’s quotation (§ 14, § 21). The user is responsible for the correctness and completeness of their information (§ 5, § 22).

(3) The price shown by the calculator for international transport applies to a groupage transport, not to a single transport.

(4) Submitting an enquiry, even stating a desired transport or delivery date, does not constitute a booking or a binding confirmation of a date. The contract is concluded only upon confirmation by the company (§ 1, § 22); this also applies to the express service.

(5) The price shown by the calculator does not include, in particular: customs duties, the preparation of customs and CITES documents, import duties and import turnover tax; collection or delivery by crane; ferry and toll charges. Such costs are, insofar as they arise, shown separately and taken into account in the quotation.

(6) The values of the calculator and the contents of the website are non-binding. Obvious clerical or technical errors do not bind the company and do not give rise to any claims. The company’s liability for personal injury and for intent and gross negligence remains unaffected (§ 6 (1) no. 9 KSchG).