Terms & Conditions
General Terms and Conditions of eCo2wo MoBiLe GmbH
for transmission contracts with owners of e-cars in accordance with § 2 paragraph 2 of the 38th BImSchV.
§ 1 Scope and conclusion of the contract
(1) These GTC are based on the regulations on the greenhouse gas reduction quota and on trading in the fulfilment options for the greenhouse gas reduction quota (“quota trading”) in accordance with section 37a (6) of the Federal Emission Control Act (BImSchG) and sections 5 et seq. of the Ordinance on the Establishment of Further Provisions on the Reduction of Greenhouse Gas Emissions from Fuels – 38th BImSchV (38th BImSchV) in the version coming into force or having come into force on 1 January 2022.
(2) These General Terms and Conditions shall apply to all contracts between eCO2wo MoBiLe GmbH (“eCO2wo”) and owners of electric vehicles within the meaning of § 2 paragraph 2 of the 38th BImSchV (“e-car” or “e-car owner”) concerning the designation and authorisation of eCO2wo as a third party within the meaning of § 37a paragraph 6 of the Federal Emission Control Act (BImSchG).
(3) The contract is concluded when the E-car owner confirms the submission of the form to eCO2wo after entering his data in the corresponding input mask on the eCO2wo website and eCO2wo has accepted the E-car owner’s offer by sending a contract confirmation in text form.
§ 2 Subject matter of the contract
The subject of the contract is the transfer of the rights and obligations of the e-car owner arising from quota trading to eCO2wo in accordance with section 7(5) of the 38th BImSchV in accordance with the order confirmation.
§ 3 Remuneration for the transfer
(1) For each e-car covered by the order confirmation, the e-car owner shall receive from eCO2wo an annual fee agreed at the beginning of the contract for the transfer of its rights from quota trading in accordance with the order confirmation.
(2) eCO2wo reserves the right to adjust the premium in subsequent years. The customer may actively consent to this. Failure to give consent shall result in termination of the existing contract.
(3) The due date of the fee is determined by the payment option selected by the e-car owner during the order process and results from the order confirmation. The fee shall not become due as long as and to the extent that the e-car owner has not yet fulfilled his obligation under § 4 paragraph 1 and paragraph 2 of these GTC.
(4) In all other respects, the following conditions apply to the payment options:
The payment shall be made within a maximum period of 18 working days after the contract has been concluded in accordance with section 1(3) of these General Terms and Conditions and after the Federal Environment Agency has recognised the legal participation of the e-car concerned in quota trading. The customer will be informed about the status of the recognition by the Federal Environment Agency in his personal dashboard on a daily basis.
(5) In the event of a designation of eCO2wo by the e-car owner in accordance with § 2, payments for subsequent years shall generally be made within four weeks of confirmation by the e-car owner in accordance with § 4 paragraph 2 of these GTC that he/she continues to own the e-car, but no earlier than 31 January of the respective year.
(6) Insofar as the E-car owner is offered several payout options in the input screen when concluding the contract, the E-car owner may freely choose between these. eCO2wo is not obliged to offer the E-car owner several or all payout options.
(7) The Customer acknowledges that in the event of a "referral of a friend", no promotion code can be passed on to the friend. Therefore, promotional codes are not part of the "referral program".
§ 4 Duties of the e-car owner
(1) Upon conclusion of this Agreement, the E-car Owner shall provide eCO2wo with a clearly legible copy of the current and duly executed registration certificate(s) Part I in accordance with the Vehicle Registration Ordinance via eCO2wo’s website. At the request of eCO2wo, the E-car Owner shall send a new copy if the copy is illegible or otherwise of insufficient quality.
(2) In each new calendar year the E-car owner shall confirm to eCO2wo by 31 January at the latest that he continues to be the owner of the E-car(s) named in the order confirmation. eCO2wo shall draw the customer’s attention to this obligation in good time in a separate e-mail. At eCO2wo’s request, the customer shall inform eCO2 if he is no longer the keeper of the vehicle or provide eCO2wo with a current registration certificate Part I, if this should be necessary.
(3) In the event that the statutory requirements for proof of quota fulfilment vis-à-vis the Federal Environment Agency or another authority are changed, the e-car owner shall provide eCO2wo with the necessary information insofar as this is reasonable for him/her.
§ 5 Exclusivity
(1) The e-car owner warrants that for the calendar years for which the contract is concluded he has not yet designated and authorised any other person as a third party to participate in quota trading in his place.
(2) If the Federal Environment Agency notifies eCO2wo that a person other than eCO2wo has already been designated as a third party within the meaning of Section 37a (6) of the Federal Immission Control Act (BImSchG) for a vehicle belonging to the E-car owner in a calendar year, eCO2wo shall be entitled to refuse payment of the fee for this calendar year and vehicle. eCO2wo shall notify the E-car owner immediately of the result of the examination by the Federal Environment Agency in this case and charge a processing fee of up to € 40 net.
§ 6 Data protection
(1) In order to fulfil the contract concluded between the E-car owner and eCO2wo, eCO2wo shall process the necessary personal data of the E-car owner in compliance with the relevant Union and national provisions on data protection.
(2) In order to fulfil the contract, eCO2wo may use service providers who are obliged to process the personal data on its behalf in accordance with the requirements of Art. 28 (3) of the Data Protection Regulation by means of a contract processing agreement.
§ 7 Term of contract
(1) The term of the contract begins with the conclusion of the contract and ends when it is terminated by one of the two contracting parties in due time.
(2) The right to terminate for good cause remains unaffected.
(3) Any termination must be in text form.
