Terms and conditions
PLAN-B NET ZERO stands for a future without fossil fuels!
General terms and conditions
for the supply of electricity to household customers
Status: October 2023
§ 1 Scope, definitions
1) Scope
These general terms and conditions (“GTC”) regulate the supply of electrical energy to household customers by PLAN-B NET ZERO ENERGY GmbH, Dieselstraße 2, 63165 Mühlheim am Main (“PBNZE”, “we”), with electrical energy for the contractually agreed delivery point outside the basic and replacement supply as part of a special customer contract.
Household customer is a final consumer who purchases energy primarily for their own household consumption (“customer”, “you”).
The electricity supply contract is subject to the condition that:
- The customer's annual electricity consumption is less than 50,000 kilowatt hours (kWh) per billing year
- none of the following measurement devices are used:
- Measuring device with recording load profile measurement
- Dual tariff meter with reduced network charges
- Meters with a temperature-dependent load profile
- Customer's measurement point in a foreign control area
2) Tariff
The tariff applicable to the customer is based on the presentation of the offer during the ordering process.
3) Authorization
By concluding the contract, the customer authorizes PBNZE to register with the local network operator and to cancel an existing contract for the specified delivery point with the previous supplier. The customer will provide PBNZE with the necessary contract data.
4) Intelligent measurement system
Insofar as the customer has given his consent to order an intelligent measurement system (Section 2 No. 7 Messstellenbetriebsgesetz — “MsbG”) upon conclusion of the contract or at a later date, PBNZE is entitled to apply to the metering point operator to equip the measuring point early with an intelligent measuring system or to suggest such equipment. The costs incurred for this will be passed on by PBNZE to the customer in accordance with § 4 (5) and § 5.
The costs are determined in accordance with the current version of the MsbG in conjunction with the price sheet of the fundamentally responsible metering point operator. The costs applicable at the time of conclusion of the contract will be notified to the customer on the PBNZE website and the PBNZE app as well as in the contract confirmation. If an intelligent measurement system is ordered after conclusion of the contract, the customer receives a corresponding confirmation of change (“confirmation of change”).
5) Amendment to the terms and conditions
PBNZE is entitled to amend these terms and conditions insofar as unforeseeable changes occur after the conclusion of the contract which were not initiated by PBNZE and on the occurrence of which PBNZE has no influence if these changes disrupt the equivalence of performance and consideration to a not insignificant extent.
Changes in this sense can be caused in particular by:
- new or amended legal bases
- new case law
- new or amended stipulations or other decisions by the Federal Network Agency or other authorities
PBNZE will only change the terms and conditions if and to the extent that the change is necessary to restore equivalence between performance and consideration or if regulatory gaps cause significant difficulties in the execution of the contract.
PBNZE will notify the customer of the respective changes in writing at least one month before the planned effective date. The customer has the option to object to the changes in text form at the time when the changes are planned to take effect. It is sufficient to send the objection in good time to meet the deadline. If the customer does not object or does not object in due time, the changes are considered approved.
In addition, the customer can cancel the contract in writing without notice at the time it is planned to take effect. When announcing the changes, PBNZE will separately inform the customer of the consequences of a failure to object and of the right to terminate the contract without notice.
Changes in the electricity price are made exclusively in accordance with § 4 and § 5.
§ 2 Conclusion of contract
1) Conclusion of the contract
a) The presentation and advertising of PBNZE's services on the PBNZE website (www.planbnetzero-energy.com) and/or in the PBNZE app does not represent a binding offer to conclude a contract, but is simply an invitation to the customer to submit an offer to PBNZE himself (so-called invitation ad offerendum).
b) On the PBNZE website and in the PBNZE app, the customer can submit a binding offer to conclude an electricity supply contract by clicking on the button with the text “Conclude contract with obligation to pay”, providing all essential data. Until the offer is submitted, the customer can check his information in the online form at any time and correct it if necessary using the back buttons.
c) PBNZE confirms receipt of the offer electronically and accepts the customer's offer (“confirmation of receipt and contract”). The electricity supply contract is concluded upon receipt of confirmation of receipt and contract. PBNZE will then inform the customer of the start of delivery with a separate message. PBNZE gives the customer the option of paying for the delivery of electricity and other services using uncertain payment methods (invoice and SEPA direct debit). PBNZE therefore reserves the right to check the customer's creditworthiness before confirming the contract.
2) Order an intelligent measurement system after contract conclusion
If an intelligent measurement system is ordered after conclusion of the electricity supply contract (see § 1 (4)), the agreement on the amendment of the electricity supply contract (“amendment agreement”) is concluded as follows:
a) On the PBNZE website and in the PBNZE app, the customer can declare their consent to order an intelligent measurement system by clicking on the checkbox and make a binding offer to conclude the change agreement by clicking on the button with the text “Conclude contract subject to payment”. Until the offer is submitted, the customer can check his consent at any time and correct it or cancel the ordering process by deactivating the check mark.
b) PBNZE will confirm receipt of the offer electronically (“confirmation of receipt”) with a copy of these terms and conditions. The confirmation of receipt is not yet an acceptance of the offer by PBNZE. The amendment agreement is only concluded upon receipt of confirmation of the change and does the amendment to the electricity supply contract come into force.
3) Change of supplier
In the event of a change of supplier, the prerequisite for the start of delivery is that PBNZE has received confirmation from the upstream supplier that the customer has terminated the previous electricity purchase relationship.
4) Saving contract text
The text of the contract (confirmation of receipt with the applicable terms and conditions and contract confirmation or confirmation of change) is stored by PBNZE after conclusion of the contract and transmission to the customer, but is no longer available to the customer online.
5) Start of delivery
In accordance with the regulations on changing suppliers, delivery begins regularly no later than three weeks after receipt of notification of network usage with the network operator responsible for the customer, but not before the end of the previous electricity supply contract. The customer can also specify a preferred date for the start of delivery on his behalf. If the desired date is not realizable, delivery will be made on the next possible date.
6) Liability of network operators
As part of supplier change processes, the network operator is not a vicarious agent of PBNZE and PBNZE is not liable for an incorrect confirmation of registration by the network operator.
7) Transfer point
PBNZE is obliged to provide electricity at the customer's electricity meter (transfer point).
8) Power of attorney in case of representation
If a third party acts on behalf of or under the name of the customer, PBNZE reserves the right to cancel the contract unless the customer sends a power of attorney to kunde@planbnetzero-energy.com upon request by PBNZE.
9) Contract language
The contract language is German.
§ 3 Statutory right of withdrawal
1) Right of withdrawal for consumers
If the customer is a consumer (§ 13 BGB), he has a right of withdrawal in accordance with the statutory provisions. The right of withdrawal applies to both the electricity supply contract and the amendment agreement, although the following conditions must be met in each case. The consequences of the cancellation are limited to the electricity supply contract or the amendment agreement for which the customer exercises the right of withdrawal.
2) Withdrawal policy
The rules apply to the right of withdrawal, which are set out in detail in the following cancellation policy:
Withdrawal policy
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (PLAN-B NET ZERO ENERGY GmbH, Dieselstraße 2, 63165 Mühlheim am Main, e-mail: kunde@planbnetzero-energy.com) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged for this repayment.
If you have requested that the services or delivery of electricity begin during the cancellation period, you must pay us a reasonable amount equal to the proportion of the services already provided up to the time you notify 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.
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To PLAN-B NET ZERO ENERGY GmbH, Dieselstraße 2, 63165 Mühlheim am Main, email: kunde@planbnetzero-energy.com
- I/we hereby withdraw (s) () the one from me/us () concluded contract for the purchase of the following goods ()/providing the following service ()
- Ordered on () /received on ()
- Name of consumer (s)
- Address of consumer (s)
- Signature of consumer (s) (only if notified on paper)
- date
(*) Delete what is incorrect.
§ 4 Electricity price
1) Payment obligation
The customer is obliged to pay for the electrical energy purchased.
2) Price components
The electricity price includes the following components:
- a) the spot market price (plus 3))
- b) the other price components including the PBNZE fee (plus 6))
3) Spot market price
The spot market price (ct/kWh) corresponds to the spot market prices of EPEX Spot SE. EPEX Spot SE is the European stock exchange for short-term electricity trading. Among other things, EPEX Spot SE operates the day-ahead electricity market in Germany. There, the prices for each hour of the following day in EUR per MWh are calculated and published once a day.
The prices calculated can be viewed at:
- the EPEX Spot SE website: https://www.epexspot.com/en/basics-powermarket
- the website www.planbnetzero-energy.com
- in the PBNZE app
The price calculated in this way for each individual hour of the following day is passed on to the customer.
For clarification: The spot market price is automatically adjusted and PBNZE has no discretion with regard to changes in spot market prices.
Risk warning: PBNZE expressly draws the customer's attention to the fact that the prices applicable for every hour of a day are not fixed in advance, but change hourly depending on spot market prices. This results in both opportunities and risks for the customer compared to an electricity purchase contract with a fixed price.
In this way, spot market prices can fall below the prices of fixed price offers offered on the market, which can result in (significant) savings for customers in electricity purchase costs. However, spot market prices can also exceed the fixed prices for electricity supplies offered on the market. In the latter case, the customer has no protection against the price level of comparable fixed-price contracts under electricity costs that may well exceed.
4) Hourly billing
If the customer has an intelligent measurement system in accordance with Section 2 No. 7 MsbG, a free measurement system in accordance with Section 2 No. 13 MsbG or any other technical device that enables the customer's consumption to be transmitted by hour (collectively referred to as “SmartMeter”), an hourly allocation is made based on the actual energy consumption in the relevant hour.
In the case of an intelligent measurement system in accordance with Section 2 No. 7 MsbG, this only applies if the metering point operator PBNZE provides the hourly measurement values in an appropriate form. In the case of a free measurement system in accordance with Section 2 No. 13 MsbG or other technical device, consumption can only be assigned by the hour if the corresponding measurement system or technical equipment is integrated into the PBNZE system. The measurement systems and technical equipment integrated into the PBNZE system are available on the website www.planbnetzero-energy.com.
If the customer's electricity consumption is measured with a conventional measuring device or a modern measuring device in accordance with Section 2 No. 15 MsbG without transmission of hourly values, or if an hourly measurement of the customer's electricity consumption is not possible for other legal or factual reasons, the hourly spot market prices determined in accordance with paragraph (3) are assigned to energy consumption on the basis of the standard load profile applicable to the customer.
Should a permanent switch from hourly billing to billing based on the applicable standard load profile become necessary for legal or factual reasons during the contract period, PBNZE can make a corresponding switch to billing based on the applicable standard load profile. Section 5 (3) sentences 2 to 6 apply mutatis mutandis to notification by PBNZE and the customer's right of termination.
5) Intelligent measurement system with hourly billing
Insofar as there is a legal claim to the installation of an intelligent measurement system within a period specified by law, PBNZE may demand that the customer agrees to the assertion of this legal claim by PBNZE, provided that his consumption without an intelligent measurement system (§ 2 No. 7 MsbG) is billed by the hour.
If the customer refuses consent or if the claim is not met by the fundamentally responsible metering point operator within the legal period, PBNZE can switch the billing of electricity consumption to the currently valid standard load profile. Section 5 (3) sentences 2 to 6 apply mutatis mutandis to notification of the switch to billing according to the standard load profile by PBNZE and the customer's right of termination.
As long as it is not possible to record energy consumption on an hourly basis, potential savings from the settlement of spot market prices in accordance with paragraph (3) cannot be or cannot be fully exploited.
6) Other price components
In addition to the spot market prices mentioned in paragraph (3), the electricity price includes the other procurement costs of PBNZE (e.g. for the procurement of guarantees of origin for the supply of electricity generated from renewable energy) and the PBNZE fee.
In addition, the other price components consist of:
- Network usage charges
- Charge for metering point operation, including any additional services ordered (unless this is part of a separate contract between the customer and a metering point operator)
- sales tax
- electricity tax
- concession fee
- Levies in accordance with Sections 12, 2 No. 17 Energy Financing Act (EnFG, KWKG surcharge and offshore levy)
- Surcharge in accordance with Section 19 (2) Electricity Network Charges Ordinance (StromNEV)
§ 5 Changes to other price components
1) Price adjustments
If the other price components change in accordance with § 4 (6), the electricity price vis-à-vis the customer will be adjusted accordingly. Changes to the other price components by PBNZE are made by means of unilateral performance determination in exercise of reasonable discretion. The price change is subject to equity control in accordance with Section 315 (3) BGB. The customer has the right to have the price change reviewed by a civil court.
When determining performance unilaterally by PBNZE, only changes in costs that are decisive for determining the other price components must be taken into account.
- If the other price components increase, PBNZE is entitled to increase the electricity price and pass on the cost increase accordingly.
- If the other price components are reduced, PBNZE is obliged to lower the electricity price and pass on the cost reduction accordingly.
If the changes both reduce costs and increase costs, PBNZE will charge so that, depending on the proportion of cost-reducing and cost-increasing price components, the result may be an increase or decrease in electricity prices or, if necessary, a constant electricity price.
2) Equal treatment of increases and reductions
PBNZE must determine the extent and timing of a price change in such a way that both increases and reductions in the other price components are taken into account in accordance with the same factual and temporal criteria. In particular, with regard to cost reductions, PBNZE is obliged not to set a longer gap between looking at cost developments and making a price change than in the case of cost increases.
3) Information and right of termination
PBNZE will inform the customer of the intended change to the other price components no later than one month before taking effect. In the event of a change, the customer can cancel the contract without notice at the time it is planned to take effect. The termination must be made in writing. PBNZE will separately inform the customer of the cancellation option in the information letter about the price change. The right to ordinary termination in accordance with § 8 (3) remains unaffected.
4) New taxes and duties
Paragraphs 1) to 3) shall also apply insofar as new taxes, duties or other state-initiated charges relating to procurement, generation, storage, network use (transmission and distribution), metering point operation or consumption of electrical energy take effect.
5) Sales tax
Notwithstanding paragraphs 1) to 3), changes in sales tax in accordance with the Sales Tax Act will be passed on to the customer at the time the change takes effect without notice and without the possibility of extraordinary termination.
§ 6 Liability, warranty law
1) Disclaimer in case of network disruptions
In the event of an interruption or irregularities in the electricity supply, PBNZE is exempted from the obligation to provide services insofar as there are consequences of a disturbance in network operation, including grid connection or a disturbance in metering point operation. Sentence 1 does not apply if the interruption is due to unjustified measures taken by PBNZE or if the interruptions or irregularities are attributable to PBNZE.
On request, PBNZE is obliged to immediately provide the customer with information about the facts associated with the cause of the damage by the network operator or the metering point operator to the extent that they are known to him or can be reasonably clarified by him.
In accordance with the Low Voltage Connection Ordinance (NAV), the responsible distribution system operator to whose network the customer is connected is responsible for any claims made by the customer.
2) Claims against network operators
In the event of an interruption or irregularities in the electricity supply as a result of a network connection failure, the customer may be entitled to claims against the network operator to whose network the customer's delivery point is connected. On request, PBNZE is happy to arrange contact with the customer from the network operator, but is not obliged to provide further assistance in asserting the corresponding claims.
3) Liability limitation
In addition, PBNZE's liability — irrespective of the legal basis — is excluded if the damage is based only on a slightly negligent breach of non-essential obligations by PBNZE. Non-essential obligations are those whose compliance by PBNZE the customer cannot rely on.
Furthermore, the liability of PBNZE and its vicarious agents in the event of slight negligence is limited to foreseeable damage typical of the contract.
Liability for damage resulting from injury to life, limb and health, due to the assumption of a warranty, for fraudulently concealed defects and liability under the Product Liability Act remains unaffected.
4) Warranty
Statutory warranty law applies.
§ 7 Billing
1) Billing period
Electricity consumption is billed monthly by PBNZE. If the customer does not have a SmartMeter or if hourly billing is permanently impossible for the reasons set out in § 4 (4) or § 4 (5), the prices calculated by the hour will be billed based on the consumption calculated on the basis of the previous year's values in conjunction with the applicable standard load profile.
If no previous year figures are available, consumption is calculated on the basis of the consumption behavior of a customer group typical of the customer. If the customer makes it credible that his consumption is significantly lower, this must be adequately taken into account when calculating.
In addition, customers without SmartMeter or customers for whom hourly billing is permanently impossible in accordance with § 4 (4) or § 4 (5), are corrected based on the measured value transmitted by the metering point operator at least once a year. At the customer's request, proofreading is carried out half-yearly, quarterly or monthly.
In addition, customers can report their consumption data to PBNZE via the PBNZE app. Insofar as this data is plausible and confirmed by metering point operators, it is included in the statement.
2) Submitting the statement
Billing is carried out electronically. At the customer's request, invoices and billing information will be sent on paper once a year free of charge.
If there is no remote transmission of consumption data, the customer receives billing data every six months, on request every three months. If consumption data is transmitted remotely, the customer receives the consumption information on a monthly basis.
3) Final settlement
The final statement is based on the respective meter readings of the delivery point at the end of the respective billing period within the meaning of paragraph (1). If the statement results in a credit balance for the customer, this must be paid out by PBNZE within two weeks.
4) Billing at contract end
After termination of the electricity supply contract, any credit from a corrective statement will be refunded immediately. The invoice will be issued no later than three weeks after the end of the billing period or after the end of the delivery relationship. Credit must be paid out within two weeks.
5) Due date
Invoices are due on the specified payment date, at the earliest fourteen calendar days after receipt of the statement.
6) SEPA direct debit scheme
Invoices are paid via SEPA direct debit. The customer issues a corresponding direct debit mandate to PBNZE. PBNZE must inform the customer of the amount of the direct debit amount no later than one day before execution. The customer shall ensure that his account has the necessary funds to fulfill his payment obligations under this contract. The customer must reimburse PBNZE for costs arising from a chargeback for which the customer is responsible.
7) Bank transfer
Instead of the SEPA direct debit procedure, the customer can choose payment on account by bank transfer. Transfers must be made to the account specified by PBNZE. The value in PBNZE's account is decisive for the timeliness of payment.
§ 8 Contract period and termination
1) Minimum term
There is no minimum term for the contract.
2) Contract duration
The contract is for an indefinite period.
3) Ordinary termination
The electricity supply contract can be terminated in writing by both parties with a notice period of four weeks. Section 5 (3) remains unaffected. PBNZE will confirm any termination by the customer in writing, regardless of the legal reason, within one week of receipt, specifying the end of the contract.
4) Termination when moving
In the event of a move, the customer may terminate the contract with a period of six weeks, either with effect of moving out or with effect at a later date, unless PBNZE offers the customer a continuation of the delivery contract in writing at the new place of residence under the previous contract terms and delivery is possible at the new collection point.
The customer will notify PBNZE of the move in text form with a notice period of one month before the move, giving the new address and the specific moving out and move-in date.
Should PBNZE be unable to deliver to the new delivery point, it will inform the customer of this in text form. If the customer is unable to purchase electrical energy at the new delivery point, he will inform PBNZE of this in text form.
5) No cancellation fees
PBNZE may not charge any separate fees in the event of termination of the contract, in particular due to a change of supplier.
§ 9 Termination without notice
The contract may be terminated in writing by any party to the contract for good cause without notice.
PBNZE is entitled to terminate without notice in particular if the customer repeatedly fails to comply with payment obligations despite a reminder or a payment obligation despite a repeated reminder and if termination without notice has been threatened at least two weeks in advance.
This does not apply if the consequences of the termination without notice are disproportionate to the seriousness of the infringement or if the customer demonstrates that PBNZE is convinced that there is sufficient prospect of him meeting his payment obligations.
§ 10 Data protection
PBNZE processes the customer's personal data, including collection, storage and use in accordance with legal regulations and the privacy policy, which is available here.
Section 11 GHG quota
As part of the greenhouse gas reduction rate, GHG quota for short, PBNZE customers who operate a charging station and for which an electric car is registered can sell their GHG quota potential associated with electrical charging current to companies subject to quota requirements.
The details of the determination of the third GHG service provider are regulated in the terms and conditions of the GHG service provider cooperating with PBNZE. When you register with PBNZE for the GHG quota, personal data (name, email address) is transmitted to the GHG service provider, which processes the quota sale.
§ 12 Statutory information requirements
1) Contact and complaints
The customer can address questions about the contract, invoice or supply of electricity or complaints relating in particular to the conclusion of the contract or the quality of PBNZE's services to PBNZE via the PBNZE app, PBNZE's website or by e-mail (kunde@planbnetzero-energy.com) or post (PLAN-B NET ZERO ENERGY GmbH, Dieselstraße 2, 63165 Mühlheim am Main). PBNZE is required to respond to a complaint within a period of four weeks from receipt.
2) Arbitration
To resolve disputes, the customer can apply for conciliation proceedings from the ENERGIE e.V. conciliation body:
Arbitration Board ENERGIE e.V.
Friedrichstraße 133
10117 Berlin
Telephone: 030 2757240-0
Fax: 030 2757240-69
email: info@schlichtungsstelle-energie.de
Website: www.schlichtungsstelle-energie.de
Such a request is only admissible if PBNZE has not resolved the consumer complaint within four weeks of receipt at the latest. PBNZE is required to participate in the conciliation process.
The right of the parties involved to appeal to the courts or to apply for other proceedings under the EnWG remains unaffected. Submitting a complaint to the conciliation body hinders the statutory limitation period in accordance with Section 204 (1) No. 4 BGB.
3) Online dispute resolution
The European Commission provides a platform for online dispute resolution (OS) (available at: http://ec.europa.eu/consumers/odr/). PBNZE is neither obliged nor willing to participate in this dispute resolution procedure.
4) Consumer service energy
General information on consumer rights is available from the Federal Network Agency's Energy Consumer Service:
Consumer service energy
Federal Network Agency
P.O. Box 8001
53105 Bonn
Telephone: 030 22480-500
Fax: 030 22480-323
email: verbraucherservice-energie@bnetza.de
PLAN-B NET ZERO ENERGY GmbH
Dieselstraße 2
63165 Muehlheim am Main
Status: October 2023