General Terms and Conditions
Status: October 2024
Preamble
THE CEEO2 COMPANY OÜ (“THE CEEO2 COMPANY OÜ” or “Provider“) offers a service for the transparent and simple processing of greenhouse gas quota trading (§§ 37a ff. BImSchG, 38. BImSchV) for operators of public charging points (within the meaning of §§ 6 para. 1 of the 38. BImSchV, 2 No. 8 LSV) (hereinafter referred to as “operators“) or owners of pure battery electric vehicles or persons (hereinafter referred to as “e- mobilists“) who have been designated as third parties within the meaning of Sections 5
sentence 2, 7 (5) sentence 1 of the 38th BImSchV, 37a (6) BImSchG. Within the scope of possibilities provided for by law or other regulations, THE CEEO2 COMPANY OÜ assumes the marketing of the greenhouse gas reductions that are legally assigned to a pure battery electric vehicle (hereinafter referred to as “e-vehicle“) in accordance with § 7 of the 38th BImSchV (hereinafter referred to as “GHG quota“).
In this context, the Federal Environment Agency (UBA) is responsible for checking the eligibility of electricity for the greenhouse gas quota and issuing the corresponding certificates. The certificates issued by the UBA can be used as the basis for offsetting against the GHG quota of an obligated company. THE CEEO2 COMPANY OÜ collects and processes the necessary data and evidence for the marketing of GHG quotas and transmits these to the Federal Environment Agency. The marketing of the GHG quotas (hereinafter referred to as “quota trading”) takes place in the form of a transfer of the fulfillment obligation pursuant to Section 37a (6) BImSchG from a buyer to THE CEEO2 COMPANY OÜ.
In addition, THE CEEO2 COMPANY OÜ offers the decommissioning of brokered CO2 certificates in order to promote the efforts of climate targets. To this end, the e-mobilist can instruct THE CEEO2 COMPANY OÜ to use the GHG premium generated from GHG trading to decommission CO2 certificates. In this way, the e-mobilist receives set-aside CO2 certificates instead of the payment of the GHG premium.
§ 1 Scope and conclusion of the contract
The following General Terms and Conditions apply to all contracts that are concluded subject to these General Terms and Conditions.
These GTC apply regardless of whether the contract is concluded via the provider’s platforms, via the platform of a cooperation partner through an assignment or with the involvement of a representative.
Operators of public charging points or owners of e-vehicles are entitled to register and conclude contracts with THE CEEO2 COMPANY OÜ; in addition, persons who have been designated by such persons as third parties within the meaning of Section 5 (1) sentence 2 of the 38th BImSchV in compliance with the applicable regulations (in particular Section 7 (5) sentence 1 of the 38th BImSchV) and have reached the age of 18 or have been authorized by the owner. In addition, the registered e-vehicle must not have been part of a GHG quota trade in the current calendar year, or no such application (GHG quota) must have been submitted to the Federal Environment Agency.
The E-Mobilist affirms that he/she is (a) a consumer (private user) within the meaning of § 13 BGB or (b) an entrepreneur (commercial user) within the meaning of § 14 BGB (based in an EU member state), that the small business regulation pursuant to § 19 para. 1 UStG applies to him/her and that he/she has not waived the application of the same pursuant to § 19 para. 2 UstG. In the case of commercial use, the name of the company and the legal representative must also be provided during the registration process. The person acting on behalf of the company user must use a corresponding commercially used company email address. By registering, the person acting on behalf of the company user assures that they are authorized to act on behalf of the company user.
Company users and private users are referred to equally as “e-mobilists”.
The e-mobilist is not authorized to register multiple times with different data, regardless of whether he is a private user or a company user. If there are doubts about the identity of the e-mobilist/charging point operator or authorization, THE CEEO2 COMPANY OÜ reserves the right to request proof and documents by e-mail at any time at its sole discretion. In addition, the provider reserves the right to refuse payment as long as the doubts persist.
In addition, the e-mobilist assures that he/she will be the owner of the e-vehicle submitted by him/her for the next 30 days from the date of conclusion of the contract.
The mere registration does not constitute the conclusion of a contract and the presentation of the services of THE CEEO2 COMPANY OÜ on the website does not constitute a binding offer to conclude a contract. Registration and the conclusion of a contract are free of charge for the E-Mobilist. The e-mobilist has no claim to the conclusion of a contract. The provider reserves the right to reject or not accept the e- mobilist’s offer without giving reasons.
The contract is concluded when the E-mobilist, after entering the necessary data in the corresponding input mask on the website of THE CEEO2 COMPANY OÜ or on the website of cooperation partners, insofar as these include the present General Terms and Conditions, has confirmed the correct transmission of the form to THE CEEO2 COMPANY OÜ and the validity of the General Terms and Conditions and subsequently THE CEEO2 COMPANY OÜ has accepted the offer of the E-mobilist by sending a contract confirmation in text form.
§ 2 Subject matter of the contract and assignment
The subject of the contract is the transfer of the E-mobilist’s rights and obligations arising from quota trading to THE CEEO2 COMPANY OÜ pursuant to Section 7 (5) sentence 1 of the 38th BImSchV in accordance with the contract confirmation. The e- mobilist designates THE CEEO2 COMPANY OÜ as a third party within the meaning of Section 37a (6) BImSchG for the charging current quantities of his electric vehicle(s).
With the registration of an e-vehicle and under the conditions of the conclusion of the contract according to § 1 para. 6, THE CEEO2 COMPANY OÜ or other third parties are entitled to market the GHG quota associated with the registered e-vehicle to third parties in their own name and for their own account.
With the assignment, the E-Mobilist expressly agrees to the necessary registration of the assigned THǪ quota with the Federal Environment Agency as well as the registration and applications with other authorities, and to the transmission of the vehicle registration certificate and the user’s data to corresponding third parties.
The assignment period of a vehicle already registered with the Provider can be extended by the User at any time by a further year or the registration of the vehicle can be reactivated (hereinafter “extension”). This is done either by:
re-uploading the registration certificate part I;
or by the user’s confirmation that the existing registration certificate Part I is unchanged and remains valid.
If no objection is received within 14 days, the data will be submitted to the UBA and prepared for payment.
§ 3 Contract term
The contract term begins with the conclusion of the contract and ends on the date specified in the order confirmation.
The right to terminate for good cause remains unaffected. In the event of termination, the already assigned GHG quota shall remain with THE CEEO2 COMPANY OÜ. An important reason exists on the provider side in particular if:
The E-Mobilist has registered more than once on the platform.
The E-Mobilist violates the content of these GTC.
The e-mobilist transfers the GHG quota to other parties.
In the event of tariff adjustments by THE CEEO2 COMPANY OÜ, a special right of termination on the part of the E-Mobilist or the Operator is excluded. The termination regulations stated above and below shall apply.
In the event of termination, the GHG quota already assigned for the applicable quota year shall remain with THE CEEO2 COMPANY OÜ.
After receipt of a notice of termination, the termination shall only take effect once the assignment period of all registered e-vehicles of the e-mobilist has expired.
When the termination takes effect, the provider is entitled to delete all data of the e- mobility user/operator within the framework of the GDPR, unless this data is required for billing or verification purposes.
Any termination must be in text form.
§ 4 Obligations of the E-Mobilist
The registration of an e-vehicle is done by submitting (uploading) the colored copy/photos of the front and back of the corresponding vehicle registration certificate part I according to § 11 para. 1 sentence 1 of the Vehicle Registration Ordinance as part of the registration process according to § 1. Should further proof be required by law or by authorities, THE CEEO2 COMPANY OÜ may request this from the e-mobilist. At the request of THE CEEO2 COMPANY OÜ, the E-Mobilist will send a new copy if the copy is illegible or otherwise of insufficient quality.
An e-mobilist may only register e-vehicles for which he himself is entered as the keeper in the vehicle registration document or for which he has a power of attorney from the actual keeper to carry out a registration.
At the request of THE CEEO2 COMPANY OÜ, the customer shall provide THE CEEO2 COMPANY OÜ with a current copy of the registration certificate Part I in each calendar year. The E-Mobilist assures that he/she is providing all information truthfully and to the best of his/her knowledge and belief and is not falsifying or manipulating it.
Only pure battery electric vehicles may be registered, with “electric” (field P.3.) and fuel code 004 (field 10).
The data must be transmitted to the Federal Environment Agency by November 15 of the quota year at the latest. For this purpose, the e-mobilist must have transmitted the data to the provider by the deadline in accordance with the click path or the provider’s deadlines.
The e-mobilist must notify the provider immediately by email of any changes to the ownership status, payment data or other data. If the ownership status of the e-vehicle changes, for example due to the sale of the e-vehicle, proof of the deregistration confirmation of the former owner must be provided.
The E-Mobilist shall be liable for damages incurred by THE CEEO2 COMPANY OÜ due to false information or evidence provided by the E-Mobilist intentionally or negligently. This also applies in the absence of an assignment in text form in the event that the E- mobilist registers E-vehicles of owners who have designated him as a third party within the meaning of Section 5 (1) sentence 2 of the 38th BImSchV. Any further liability provided for by law remains unaffected.
§ 5 Obligations of a charging point operator
The operator of a charging point (within the meaning of § 2 No. 8 LSV) is any person who exercises decisive influence on the operation of a charging point, taking into account the legal, economic and factual circumstances. The operator is characterized in particular by the fact that he is responsible for the operation of the charging infrastructure (functionality, maintenance, repair, etc.) and coordinates the integration into the electricity grid (grid connection, supply, etc.) in accordance with energy industry regulations. He must ensure that charging is possible at the charging point. The regulation does not require ownership of a charging point. The involvement of service providers on the part of the operator is also permitted without the operator losing its role as operator.
A charging point is then publicly accessible:
if there is a standardized data interface that can communicate dynamic data (e.g. occupancy status) to a backend system,
selective charging, where charging is possible either free of charge, by cash payment or by means of a common card-based payment system or a common web-based system (including app),
and access or the acquisition of access authorization is possible for every potential user (cf. the definition in § 2 No. 5 LSV).
The operator of a publicly accessible charging point must ensure that it complies with its notification and reporting obligations.
In order to fulfill obligations under the BImSchG, the operator may appoint/commission THE CEEO2 COMPANY OÜ as a third party within the meaning of Section 37a (6) BImSchG to market/use the GHG quota.
If several charging points are supplied via one offtake point, the operator must specify and individualize which charging points are linked to this offtake point in detail so that it remains traceable via which charging points the quantity of electricity was ultimately supplied.
The operator of a publicly accessible charging point must keep records of:
the exact location of the charging points,
the amount of energy in megawatt hours of the electricity withdrawn for use by electrically powered road vehicles and the period in which the amount of electricity was withdrawn, unless this period covers the entire commitment year,
In addition, the charging point operator’s notification to the Federal Network Agency must be documented for the charging point.
This data must be transmitted to the Federal Environment Agency by February 28 of the following year at the latest. For this purpose, the e-mobilist must have transmitted the data to the provider by the deadline in accordance with the click path or the provider’s deadlines.
The operator shall inform THE CEEO2 COMPANY OÜ immediately if it no longer operates a publicly accessible charging point and if the operator of the charging point changes.
§ Section 6 Remuneration based on the assignment (GHG premium)
For each e-vehicle covered by the order confirmation, the e-mobilist shall receive an annual fee from THE CEEO2 COMPANY OÜ for the transfer of its quota trading rights in accordance with the order confirmation. The amount of the remuneration shall be determined upon registration, extension or reactivation of the e-vehicle in the individual case or in accordance with the following conditions.
The amount of the fee is determined by the selected payment option and duration of the assignment in the input mask, provided that this is confirmed by THE CEEO2 COMPANY OÜ by e-mail after entering the required data.
If the E-Mobilist has opted for a multi-year payout, the amount of the payout in the first year is not decisive for the amount of further payouts in subsequent years. From the second year of validity, the payout option is converted into the “flex amount” in order to comply with the annual factor changes made by the legislator, which affect the amount of the premium each year. The “immediate payout” and “fixed amount” payout options can only be selected for the year of first registration; the “flex amount” payout option then applies for subsequent years.
The scope of the payment may vary depending on the current daily status and is determined by the market price per tonne and the respective estimated value of the chargeable energetic quantities of electricity for pure battery electric vehicles in accordance with Section 7 (3) of the 38th BImSchV. This is redetermined annually by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety. From this, the e-mobilist receives 70% of the total proceeds (for the flex amount). THE CEEO2 COMPANY OÜ pays out a maximum of the GHG quota secured by THE CEEO2 COMPANY OÜ, irrespective of the current daily market price. THE CEEO2 COMPANY OÜ bundles several vehicle certificates once a month (bundling) and submits them to the Federal Environment Agency at the end of the month, which is then reviewed by the UBA. After receipt of the decision, the marketing and payment is carried out by mineral oil companies. In the marketing phase, the price for the flex amount is formed, which can be based on the market trend of the past two weeks. Ultimately, the premiums in the “flex amount” and “fixed amount” cases are paid to THE CEEO2 COMPANY OÜ within 5 working days of payment by the quota partners.
Payment of the remuneration (for the selected payment options “fixed amount” and “flex amount”) shall only be made after positive confirmation by the competent authority (Federal Environment Agency) within the meaning of Section 8 (2) 38th BImSchV and sale of the quota after successful registration with the Federal Environment Agency,
successful marketing of the quota and receipt of the money by THE CEEO2 COMPANY OÜ from the quota partner. THE CEEO2 COMPANY OÜ has discretionary power over the manner and timing of quota trading.
The due date of the fee shall be determined by the payment option selected by the E- Mobilist during the ordering process and is set out in the order confirmation. The fee is not due as long as and to the extent that the E-Mobilist has not yet fulfilled his obligation under § 5 (1) to (6) of these GTC. THE CEEO2 COMPANY OÜ has no influence on delays caused by the Federal Environment Agency. Should this occur, the fee will only be due after the delay has been rectified. Since THE CEEO2 COMPANY OÜ has no influence on the way the authorities work, THE CEEO2 COMPANY OÜ is not responsible for possible damages caused by the delay of the authorities.
Payment of the remuneration shall be made using the payment method provided by the E-Mobilist. Regardless of the payment option, payment will only be made if all data has been entered correctly. THE CEEO2 COMPANY OÜ assumes no responsibility for the correctness of this data and is therefore not liable in the event of incorrect entry of this data by the E-Mobilist/charging point operator.
If there are doubts about the identity of the e-mobility user/charging point operator or doubts about the authenticity of the uploaded documents, the provider is entitled to refuse payment until the doubts have been resolved.
(G)Should the payment amount change due to the market situation, changes in the law, changes in quotas, in particular the legally prescribed generation of electricity and its percentage distribution according to energy sources (electricity mix), supply bottlenecks, war (e.g. further escalation of the war in Ukraine), unforeseen events or comparable reasons, the Provider is entitled to adjust the payment (both increase and decrease) for the transfer of rights in a way that is reasonable for the parties involved.
§ 7 Refusal of payment
If the Federal Environment Agency informs THE CEEO2 COMPANY OÜ that a person other than THE CEEO2 COMPANY OÜ has already been designated as a third party within the meaning of Section 37a (6) BImSchG for an E-vehicle of the E-Mobilist in a calendar year, if the registration certificate is a forgery, if another negative decision has been made or in other cases of non-authorization, THE CEEO2 COMPANY OÜ is entitled to refuse or reclaim payment of the fee for this calendar year and E-vehicle. In this case, THE CEEO2 COMPANY OÜ will immediately inform the e-mobile owner of his non- authorization and is entitled to charge a processing fee of 35.00 EUR. This regulation also applies to charging stations.
§ 8 Exclusivity
The E-Mobilist warrants that for the calendar years for which the contract is concluded, he has not yet designated and authorized any other person as a third party to participate in quota trading in his place and that THE CEEO2 COMPANY OÜ is entitled to dispose of this right without restriction and that it has not been otherwise assigned, pledged or attached or otherwise disposed of. The e-mobilist warrants that neither he nor a third party has submitted an application (GHG quota trading) for the respective e- vehicle to the UBA.
THE CEEO2 COMPANY OÜ is entitled to market the GHG quota of the registered e- vehicles of the respective commitment year in its own name and for its own account to customers (within the meaning of Section 37s (1) BImSchG). Ǫuota trading is carried out
by transferring the fulfillment obligations of purchasers pursuant to Section 37a (6) BImSchG to THE CEEO2 COMPANY OÜ or as a content addressee.
§ G Voluntary CO2 market – retirement of CO2 allowances
The entire section § 11 only applies if THE CEEO2 COMPANY OÜ offers the possibility of conversion and decommissioning as a selection option.
When registering, the e-mobilist can choose to convert their premium into a CO2 certificate instead of the GHG premium payment, which will be decommissioned by THE CEEO2 COMPANY OÜ for and on behalf of the e-mobilist using the GHG premium. The
e-mobilist can then receive the verification certificate for the CO2 certificates on request. This only applies if THE CEEO2 COMPANY OÜ offers conversion and decommissioning as an option.
If THE CEEO2 COMPANY OÜ offers the option, the e-mobilist is also given the right to convert his GHG premium into CO2 certificates by means of a button in the further course of the GHG processing. By converting the GHG premium into CO2 certificates, the e-mobilist accepts the CO2 certificates as a new consideration from the provider instead of the payment of the GHG premium.
The decommissioning and acquisition of CO2 certificates for the listed projects will be bundled and initiated once for all customers in the first quarter of the following year (after registration), so that the corresponding verification certificates can only be issued after decommissioning and sent to the e-mobilist on request. The prerequisite for initiating the decommissioning of the CO2 certificates in the first quarter of the following year (after registration) is a positive decision from the Federal Environment Agency, the marketing of the GHG premium and the receipt of money from the quota partner by the provider before the CO2 certificates are decommissioned. THE CEEO2 COMPANY OÜ has no influence on the duration of the decommissioning process.
The project portfolios are indicative and subject to change depending on the availability of certificates and market fluctuations at the time of purchase by THE CEEO2 COMPANY OÜ. If the CO2 certificates of the listed projects are sold out or subject to significant price fluctuations, another project with a similar focus, quality and key points will be selected to complement your portfolio.
If the customer has opted for the conversion of the GHG premium into CO2 certificates, no change can be made to the service option. No GHG premium will be paid to the e-mobilist with this performance option.
§ 10 Right of withdrawal
Cancellation policy for consumers within the meaning of § 13 BGB: You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us, THE CEEO2 COMPANY OÜ Tallinna 1, 93819 Saaremaa, Kuressaare e-mail:support@ceeo2company.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can fill in and send the model withdrawal form or another clear declaration. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation. In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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 any fees for this repayment. If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
End of the withdrawal policy
Sample withdrawal form
If you wish to cancel the contract, please fill out this form and send it back to us. To THE CEEO2 COMPANY OÜ
Tallinna 1,
93819 Saaremaa, Kuressaare VAT: EE102712649
Mail: support@ceeo2company.com
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)
Date Signature of the consumer(s) (only for notification on paper) (*) Delete as appropriate.
§ 13 Liability
THE CEEO2 COMPANY OÜ shall only be liable to the e-mobility/charging point operator for losses and damages incurred by the latter as a result of relying on the information provided by THE CEEO2 COMPANY OÜ if the damage was caused by intent or gross negligence on the part of the legal representatives or vicarious agents of THE CEEO2 COMPANY OÜ in accordance with the statutory provisions.
In the event of malfunctions and interruptions of network, communication and computer systems which are not operated by it or by third parties commissioned by it, or of malfunctions and interruptions of other facilities and systems which are not operated by it or by third parties commissioned by it, but the use of which is necessary for the conclusion and fulfillment of the contract, in particular the transmission of necessary documents and evidence (or the preparation of the certification of the GHG quota by the Federal Environment Agency), it shall be released from its performance obligations for the duration of the malfunction or interruption.
In all other respects, the statutory liability provisions shall apply.
§ 14 Data protection
In order to fulfill the contract concluded between the E-Mobilist and THE CEEO2 COMPANY OÜ, THE CEEO2 COMPANY OÜ processes the necessary personal data of the E-Mobilist in compliance with the relevant EU and national data protection regulations. Details can be found in the privacy policy available online.
In order to fulfill the contract, THE CEEO2 COMPANY OÜ uses service providers who are obliged to process personal data on behalf of THE CEEO2 COMPANY OÜ in accordance with the provisions of Art. 28 para. 3 GDPR by means of an order processing contract.
Without the consent of the e-mobility user, the provider shall only collect, process or use the user’s data insofar as this is necessary to fulfill the purpose of the contract, the assignment and bundling/pooling for submission to the Federal Environment Agency and transmission to the main customs office and for the use of the platform and billing.
If THE CEEO2 COMPANY OÜ is legally obliged or otherwise entitled to verify the identity of the e-mobile user, the provider reserves the right to verify the identity of the e- mobile user in order to safeguard its legitimate interests. The processing of personal data in connection with the security checks or identity checks is based on Art. 6 c), f) GDPR.
§ 15 Final provisions
The law of the Federal Republic of Germany shall apply to the conclusion and execution of the contract. The provisions of the UN Convention on Contracts for the International Sale of Goods and the German Private International Law are excluded.
The place of jurisdiction for all legal disputes arising from this contract shall be Berlin, insofar as such an agreement is permissible.
Amendments and supplements to this contract must be made in text form within the meaning of Section 126b BGB in order to be effective. This also applies to any waiver of this text form clause.
Should individual provisions of this contract violate mandatory law in whole or in part or be or become invalid for other reasons, this shall not affect the validity of the remaining provisions. In this case, the contracting parties are obliged to replace the invalid provision with another provision that corresponds to the meaning and purpose of the contract. The same applies to loopholes in the contract.
Contract-related communication shall take place in electronic form.
THE CEEO2 COMPANY OÜ may use the services of third parties to fulfill its contractual obligations.
Note on consumer dispute resolution procedures: The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.