Only the German version of these Plan Terms shall apply.
The English version is only a convenience translation.
Version: August 2022
Aplus Energy GmbH ("cooperation partner") offers owners of electric vehicles ("e-mobilists" Service Provider and e-mobilist hereinafter also individually the "Party" and together the "Parties".) in cooperation with eQuota GmbH, Harzer Straße 39, 12059 Berlin ("service provider") a service for marketing the creditable greenhouse gas reduction from electric power used in electric vehicles ("THG-Quote marketing"). The legal basis for this is §§ 37a et seq. of the Federal Immission Control Act (BImSchG) and the requirements from §§ 5 et seq. of the Ordinance on the Determination of Further Provisions for Greenhouse Gas Reduction in Fuels (38th BImSchV).
In order to participate in the THG-Quote marketing, the e-mobilist registers an electric vehicle for the THG-Quote marketing and concludes a contract with the Service Provider on the basis of these General Terms and Conditions ("GTC").
By registering an electric vehicle, the e-mobilist designates the service provider pursuant to §§ 5 para. 1 p. 2 Alt. 2, 7 para. 5 p. 1 38th BImSchV as a third party for the marketing of the creditable greenhouse gas emission savings ("THG-Quote") of the registered electric vehicle and assigns his right to market the THG-Quote to the service provider. In return, the e-mobilist receives remuneration from the service provider according to the conditions defined below.
1.1 These GTC regulate the relationship between the service provider and the e-mobilist and concern the conclusion of the contract, the registration of the electric vehicle, the assignment of the THG-Quote as well as the marketing of the THG-Quote by the service provider and the remuneration due to the e-mobilist.
Service Provider and e-mobilist hereinafter also individually the "Party" and together the "Parties".
1.2 These GTC apply to all contracts concluded between the Service Provider and the e-mobilist in the context of the e-mobilist's use of THG-Quote marketing from the Cooperation Partner.
1.3 The relationship between the cooperation partner and the service provider as well as the relationship between the cooperation partner and the e-mobilist are not subject to these GTC.
2. Conclusion of contract; registration of electric vehicle
2.1 The contract between the service provider and the e-mobilist is concluded by registering an electric vehicle.
2.2. The cooperation partner provides the e-mobilist with an online form on its website, which the e-mobilist can use to register an electric vehicle for THG-Quote marketing. For this purpose, the E-mobilist enters his personal data in the online form and provides a photo/scan of the front and back of the registration certificate Part I within the meaning of Section 11 (1) sentence 1 of the Vehicle Registration Ordinance of 3 February 2011 (BGBl. I p. 139) as amended ("Fahrzeugschein"). The e-mobilist must ensure that the photo/scan of the vehicle registration document (front and back) is complete and clearly legible. Before submitting the online form, the e-mobilist confirms that he/she has taken note of these GTC and accepts these GTC. By submitting the completed online form, the e-mobilist makes an offer to conclude a contract on the basis of these GTC. The Service Provider accepts the offer by sending a contract confirmation in text form to the e-mobilist.
2.3. The registration of an electric vehicle is always for a full calendar year ("registration period"). Registration is possible until 31 January of the year following the registration period at the latest.
2.4 The electric vehicle can only be registered if the following requirements are met:
a) the electric vehicle is a pure battery electric vehicle within the meaning of § 2 no. 2 of the Electric Mobility Act of 5 June 2015 (Federal Law Gazette I p. 898), as last amended by Article 5 of the Act of 12 July 2021 (Federal Law Gazette I p. 3091);
b) the e-mobilist is registered on the vehicle registration certificate as the owner of the electric vehicle;
c) the e-mobilist is the operator of a non-public charging point (section 2 no. 8 of the Ordinance on Charging Points (Ladesäulenverordnung) of 9 March 2016 (BGBl. I p.457), as last amended by Article 2 of the Ordinance of 2 November 2021 (BGBl. I p. 4788));
d) the right to market the THG-Quote of the electric vehicle has not yet been transferred to a third party or marketed by the e-mobilist himself to a quota obligor in relation to the registration period (para. 2.2.).
2.5 The service provider is not obliged to accept the e-mobilist's offer to conclude a contract. In particular, the service provider is entitled to reject the conclusion of the contract if the requirements in section 2.4. are not met.
2.6 The Service Provider is entitled to request further evidence from the e-mobilist regarding the registered electric vehicle, provided that this is necessary for the marketing of the THG-Quote in accordance with the legal requirements in § 37a ff. BImSchG or §§ 5ff. 38. BImSchV.
2.7. The e-mobilist can register any number of electric vehicles for THG-Quote marketing. A separate contract is concluded for each electric vehicle on the basis of these GTC. If the e- mobilist registers several vehicles at the same time, the Service Provider may combine the contract confirmations for the simultaneously registered electric vehicles.
3. Termination of the registration
3.1 The registration of the electric vehicle is automatically terminated upon expiry of the respective registration period (item 2.3.). Termination of the registration by the e-mobilist is not required.
3.2 The service provider shall inform the e-mobilist in text form in good time before the expiry of the registration period (section 2.3.) of the expiry of the registration period and the possibility of renewed use of the THG-Quote marketing, provided that the cooperation between the cooperation partner and the service provider continues.
4. Designation as third party within the meaning of §§ 5 para. 1 p. 2 alt. 2, 7 para. 5 p. 1 38th BImSchV; assignment of THG-Quote; exclusivity
4.2 By registering an electric vehicle in accordance with section 2, the e-mobilist assigns the right to market the THG-Quote for the electric vehicle to the service provider. The assignment relates in each case to the registration period regulated in section 2.3.
4.3 The e-mobilist shall ensure that the right to market the THG-Quote of the electric vehicle is not transferred to a third party during the registration period (section 2.3.) and that the e-mobilist does not market the THG-Quote itself to a quota obligor during the registration period (section 2.3.).
5. Communication at the Federal Environment Agency; marketing of the THG-Quote
5.1 The service provider shall notify the Federal Environment Agency of the THG-Quote of the registered electric vehicle in compliance with the applicable deadline (§ 8 para. 1 38th BImSchV).
5.2 The service provider is entitled to market the THG-Quote of the registered electric vehicle to quota obligors at its own discretion, in its own name and for its own account without prior further coordination.
5.3 By registering the electric vehicle (section 2.), the e-mobilist agrees that the service provider will notify the Federal Environment Agency of the THG-Quote of the electric vehicle for the registration period (section 2.3.) and, for this purpose, submit a copy of the vehicle registration certificate together with the e-mobilist's data to the Federal Environment Agency.
6. Remuneration; Settlement
6.1 After the Federal Environment Agency has issued a certificate on the THG-Quote of the registered electric vehicle (§ 8 para. 2 38th BImSchV), the e-mobilist obtains a claim against the service provider for a lump-sum payment per calendar year and registered electric vehicle.
6.2 The amount of the remuneration will be communicated to the e-mobilist when registering the electric vehicle (item 2.).
6.3 The Service Provider shall pay the remuneration as soon as possible, but at the latest within 15 working days after successful certification of the THG-Quote by the Federal Environment Agency (§ 8 para. 2 38th BImSchV) to the bank account specified by the e-mobilist upon conclusion of the contract. In addition to the remuneration, the service provider shall pay value-added tax at the respective statutory rate, if applicable.
7. Duties of the e-mobilist
7.1 The e-mobilist shall ensure that he provides complete and correct information when concluding the contract (Clause 2.2.).
7.2. The e-mobilist shall notify the service provider or the cooperation partner of any changes to his/her personal data (in particular account data) without delay.
7.3. If the prerequisites as defined in section 2.4 cease to apply, the e-mobilist shall inform the service provider or the cooperation partner of this immediately and without being asked to do so.
8. Term; Termination; Data deletion
8.1. The contract begins with the conclusion of the contract (Clause 2.2.) and ends with the payment of the remuneration (Clause 6.3.).
8.2 The service provider is entitled to terminate the contract if the contractual relationship between the cooperation partner and the service provider is terminated, on the basis of which the service provider offers THG-Quote marketing in cooperation with the cooperation partner.
8.3 If the contract is terminated, the contractual provisions shall continue to apply insofar and as long as they are necessary for the processing of the registered electric vehicle. In particular, the Service Provider shall notify the Federal Environment Agency of the THG-Quote of the registered electric vehicle in accordance with section 5.1 and pay the e-mobilist any remuneration in accordance with section 6.
8.4 The right to extraordinary termination for good cause remains unaffected. Good cause for the service provider exists in particular if the e-mobilist has already marketed the THG-Quote for the registration period as defined in section 2.3. elsewhere to a quota obligor or has transferred it to a third party. s.
8.5. The e-mobilist's declaration of termination can be made either to the cooperation partner or to the service provider.
8.6. The service provider is obliged to delete all data that the e-mobilist has transmitted to the service provider, unless this data still needs to be stored for billing or verification purposes. In particular, there is a three-year storage obligation for the E-Mobilist's vehicle registration certificate pursuant to § 7 para. 2 p. 4 38th BImSchV.
9. Limitation of liability
You will receive electricity in low voltage. The exact type of electricity and the frequency depends on your local grid.
9.1. Irrespective of the legal grounds, the service provider shall only be liable for damages within the following limits:
a) In the event of intent or gross negligence on the part of the service provider, their legal representative or other vicarious agents unlimited;
b) In the event of culpable breach of material contractual obligations by the service provider, its legal representative or other vicarious agents without intent or gross negligence, limited to the damages foreseeable at the time of conclusion of the contract and typical for the contract. Material contractual obligations are those whose fulfilment characterises the contract and on which the other party may rely.
9.2. Furthermore, liability on the part of the service provider is excluded, unless mandatory legal provisions to the contrary apply.
9.3. The limitations of liability pursuant to Sections 9.1. and 9.2. shall not apply to damage to body, life and health.
10. Information requirements (consumer)
10.1. Within the framework of the Regulation on Online Dispute Resolution for Consumer Affairs, an online dispute resolution platform of the EU Commission is available to e-mobilists at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
10.2. The Service Provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
As a customer, you undertake to pay for the electricity supplied.
11. Data protection
11.1. In order to fulfil the contract concluded between the e-mobilist and eQuota, eQuota shall process the necessary personal data of the e-mobilist in compliance with the relevant Union and national provisions on data protection.
11.2. In order to fulfil the contract, eQuota uses service providers who are obliged to process the personal data on behalf of the customer in accordance with the requirements of Art. 28 (3) of the German Data Protection Regulation (DSGVO) by means of a contract processing agreement.
12. Final agreements
12.1. Deviating or supplementary agreements between the contracting parties do not exist and, insofar as legally permissible, must be in writing. This also applies to the amendment of the written form requirement itself. Amendments or supplements by individual agreement do not require the written form.
12.2. Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions. The parties shall attempt to replace an invalid provision with another provision that comes as close as possible to the economic purpose of the original provision but is valid. The same applies to loopholes in the contract.
12.3. The service provider is entitled to commission third parties with the provision of individual contractual services from this contract
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us, eQuota GmbH, Harzer Str. 39, 12059 Berlin, +49 (0) 30 235 935 800, email@example.com, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed sample withdrawal form for this purpose, which is, however, not mandatory. You can also fill in and submit the sample withdrawal form or another clear declaration electronically on our website. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail). To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this contract compared to the total scope of the services provided for in the contract.
Sample withdrawal form
If you wish to cancel the contract, please complete and return this form.
To eQuota GmbH, Harzer Str. 39, 12059 Berlin, +49 (0) 30 235 935 800, firstname.lastname@example.org:
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s)
(only in the case of notification on paper)