Terms and Conditions
General Terms & Conditions of Carbon Offsets and CO2 Emission Reductions
Valid from: 1 July 2011
1. Subject matter of contract; Obligations of Greenmiles
Greenmiles GmbH (hereinafter "Greenmiles") uses the fees paid to it to purchase certified emission reductions (emission rights) in accordance with the United Nations Framework Convention on Climate Change (so-called "CERs“ and "ERUs“) or Gold Standard VERs. The issuing of CERs and ERUs is done via bodies of the United Nations (the CDM Executive Board and the JI Supervisory Committee). The Gold Standard is supported by more than 60 NGOs (see http://www.cdmgoldstandard.org/ for more information). The purchased emission rights are then set aside by Greenmiles in its account at the German Emissions Trading Authority (DEHSt) at the Federal Environment Agency or at the Gold Standard Registry and thereby removed from the emission rights market permanently.
The setting aside of emission rights serves to compensate for greenhouse gas emissions. In order to determine the emission arising from a particular activity, Greenmiles provides an emissions calculator that suggests to the customer the emission which is required to be compensated for the trip. In addition Greenmiles may offer the permanent cancellation of emission rights without reference to a particular activity.
The contract created by the customer relationship comes into existence after the customer's application via the online application form and the subsequent acceptance by Greenmiles. Acceptance occurs following confirmation of the compensation payment at the bank nominated by Greenmiles.
Upon payment, Greenmiles promises to purchase and set aside the quantity of greenhouse gases, the aforementioned emission rights, nominated by the customer, so that they are removed from the emission rights market permanently. In this way benefit for the environment is ensured. If, upon payment no appropriate emission rights can be found, the search for appropriate emission rights can be continued for up to a year after the date of payment.
Compliance with the contractual duty arising from the customer's payment is to be checked by an independent reviewer (TÜV Nord Cert GmbH). The results of those checks will be reported regularlyon the Greenmiles website www.greenmiles.de.
2. Emission rights
The emission rights mentioned under section 1 are purchased by Greenmiles for the purpose of removing them from the emission rights market and in this way to reduce greenhouse gas emissions.
The payments by the customer to Greenmiles for emission rights does not give the customer a personal right to receive the emission rights, to the acquisition or to any other use of the emission rights.
3. Exclusion of Liability
Claims for damages, irrespective of legal grounds, against Greenmiles (including its employees, representatives and agents) which require slight negligence, are only deemed to have occurred when a material contractual duty (cardinal obligation) has been breached. Claims for damages in this instance are limited to damages that are typically foreseeable.
The calculated emissions can differ from the actual emissions when, for example, the actual load on the transport used differs from the average load used in the online calculations or when the actual distance travelled differs from the distance calculated by the emissions calculator. Any possible aberration is to be accepted by the customer.
The liability of employees, representatives and agents extends only to the extent of the contractual liability of Greenmiles. Limited liability does not exist when the cause of damage involves malicious intent or gross negligence.
In all other instances, the legislation is applicable. The assignment of the above claims is excluded.
4. Method of payment; Payment date
The customer can make the payment by credit card, by direct debit or payments from his greenmiles® account. Payment is due at the time of conclusion of the contract. For payments via the website, Greenmiles provides a payment system, operated by Green Certificates Limited, a 100% owned subsidiary of Greenmiles.
5. Right to cancellation
For contracts that have come into existence via distance communication (for example, via teleservice (Teledienst) or media service (Mediendienst)) the customer is able to cancel the contract within four weeks without giving reasons. The cancellation period begins on the day of contract conclusion. The cancellation must be communicated in writing to Greenmiles (for example, by letter, fax or by e-mail). Timely sending of the cancellation notice ensures a right to cancellation. The cancellation is to be sent to:
Tel: +49 40 228539540
Fax: +49 40 228539549
In addition the regulations of Sections 312(b)-(f) (distance selling contracts) of the German Civil Code remain unaffected.
6. Privacy Protection
During the customer's use of the internet website www.greenmiles.de,
merely the name of the service provider and IP-Adress are communicated.
A user's personal information is only collected when it has been communicated by the user following a request by Greenmiles (for
example, for the purposes of establishing contact).
Greenmiles temporarily provides an independent reviewer (TÜV Nord
Cert GmbH) for the purposes of checking the certificate management
system and the provision of the emission reduction personalised data. The consultant is contractually obligated, to only use the data for these purposes and to delete the data following this testing.
In addition, the passing on of data to third parties is only allowable
when the user has given approval or when a law allows or requires it.
7. Choice of law; Jurisdiction
German law applies to the exclusion of the United Nations international sales law (CISG).
Regarding jurisdiction and place of performance, the German Code of Civil Procedure and, when appropriate, the German Civil Code, apply as a matter of principle.
When the customer has no jurisdiction within Germany, has moved his or her domicile or place of residence out of Germany following conclusion of the contract or the domicile or place of residence is not known at the time of the legal action, the place of performance and jurisdiction is taken to be the Free and Hanseatic City of Hamburg.
8. Severability Clause
There are no further agreements between the customer and Greenmiles in addition to these General Terms and Conditions. All additional statements made in documents given, or made available, to the customer directly relate to these terms and conditions, without changing or adding to them.
General Terms and Conditions of the customer that differ to these terms and conditions do not apply. Furthermore, such terms and conditions are not applicable even if they are not explicitly objected to by Greenmiles.
Should individual terms of this contract be, or become, ineffective or if they are incomplete, the other terms of this contract are to remain unaffected and intact.
The German version of these terms and conditions is binding.
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