General Terms and Conditions – EMSLANDEnergie
EMSLANDEnergie is operated by Pawelkorb GmbH. Full supplier information can be found in the [link/document/etc.]. Legal notice.
General terms and conditions of Pawelkorb GmbH for the execution of electricity and gas tariff comparisons and switching processes
Please note: Other comparison calculators on this page are subject to separate terms and conditions.
1. Scope
1.1 The following General Terms and Conditions apply to the brokering of electricity and gas supply contracts by Pawelkorb GmbH (hereinafter referred to as „EMSLANDEnergie“).
EMSLANDEnergie does not supply electricity, gas, or any other form of energy itself. It acts solely as an intermediary for electricity and gas supply contracts. EMSLANDEnergie is not involved in the provision of services.
1.2 In the event of the conclusion of an electricity or gas supply contract, such a contract is exclusively between the customer (user) and the supplier (energy provider). Within the framework of such a contractual relationship, or in the case of further additional service/contractual relationships, the respective terms and conditions and the general terms and conditions (GTC) of the respective energy provider or the corresponding tariff apply.
1.3 Any terms and conditions of the user that deviate from the General Terms and Conditions of EMSLANDEnergie shall not apply.
2. Subject of the contract
2.1 EMSLANDEnergie provides users with free and non-binding information (online or offline) about prices and terms of electricity and gas supply contracts, either directly or through third parties. The information displayed on the website does not constitute a binding contractual offer from EMSLANDEnergie or the respective service provider.
2.2 EMSLANDEnergie acts as an intermediary for the conclusion of a service relationship with the respective energy supplier based on an offer submitted by the user online or offline. EMSLANDEnergie assumes no obligations beyond the brokering of electricity and gas contracts. In particular, EMSLANDEnergie itself does not supply electricity or gas. Any information about services and conditions or other information provided by EMSLANDEnergie does not constitute advice to the user, but is intended solely to facilitate the user's independent decision, over which EMSLANDEnergie has no influence.
2.3 EMSLANDEnergie provides the user with various online proposals regarding prices and terms from energy suppliers. Once the user has selected a specific proposal, they can submit a binding offer for brokerage and/or contract conclusion online by clicking the designated button. Confirmation of receipt of a booking request does not yet constitute acceptance of the offer.
3. Warranty and Liability
3.1 EMSLANDEnergie strives to ensure that the energy suppliers' offers are always up-to-date and accurate. The service- and product-related information provided by EMSLANDEnergie, particularly regarding scope of services, prices, and terms, is based on information provided by the respective energy suppliers. EMSLANDEnergie endeavors to verify this information promptly. However, EMSLANDEnergie excludes all liability for the timeliness, completeness, and accuracy of the presented offers, as well as for the timely, complete, and accurate transmission of the information.
3.2 EMSLANDEnergie endeavors to represent the complete market for electricity and gas supply contracts for private customers, insofar as the information is publicly available. However, EMSLANDEnergie does not guarantee that all energy suppliers in the selected service segment will be included in the presentation of offers, particularly if EMSLANDEnergie has doubts about the reliability of a supplier or a tariff, or if it considers the tariff unsuitable for large parts of its customer base (e.g., social tariffs or bundled tariffs).
3.3 EMSLANDEnergie makes no representations or warranties regarding the suitability, availability, or quality of the offers presented and assumes no liability for the availability of the services shown. The respective energy supplier with whom the user concludes the electricity or gas supply contract is responsible for this. None of the information constitutes a promise, guarantee, or assurance by EMSLANDEnergie.
3.4 EMSLANDEnergie is liable for intent and gross negligence, as well as for damages resulting from injury to life, body, or health caused by a culpable breach of duty by EMSLANDEnergie or one of its legal representatives or agents. For damages resulting from a slightly negligent breach of essential contractual obligations by EMSLANDEnergie, EMSLANDEnergie is only liable for typical and foreseeable damages. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the platform, brokerage, or user agreement with EMSLANDEnergie, and on whose compliance the user regularly relies and may rely. Otherwise, EMSLANDEnergie is not liable.
4. User obligations, prohibition of commercial use
4.1 The user enters and submits their personal data online via the input forms provided by EMSLANDEnergie or via other transmission methods expressly specified by EMSLANDEnergie in individual cases. The user is solely responsible for the completeness and accuracy of all data entered into the input form or otherwise transmitted. If the user provides incorrect, untrue, or insufficient information, EMSLANDEnergie is entitled to leave the request unprocessed. In the event of the user intentionally submitting false or untrue personal data, EMSLANDEnergie reserves the right to exclude them from using the offered or provided services and to claim compensation for any resulting damages.
4.2 The user is obliged to immediately check the contract documents received from the energy supply company – possibly via EMSLANDEnergie – for correctness and to inform the respective energy supply company of any discrepancies.
4.3 The free use of EMSLANDEnergie's services is permitted only to private individuals who are not entitled to deduct input tax or to companies for their own use. The use of EMSLANDEnergie's services for commercial purposes or within the scope of independent professional activity in the area of brokering service contracts or using the information provided is expressly prohibited.
4.4 For each instance of culpable violation of the prohibition on commercial or independent professional use, a contractual penalty of €2,500 shall be deemed agreed. EMSLANDEnergie is entitled to demand the full amount of the contractual penalty only after multiple violations have occurred. The aggregation of several individual acts into a single legal unit is excluded (exclusion of continuing offense). Notwithstanding the contractual penalty, EMSLANDEnergie may assert further claims for damages and exclude the user from further use of the offered or provided services.
4.5 All copyrights, usage rights or intellectual property rights remain with EMSLANDEnergie.
5. Data protection
Regarding data protection, please refer to the current privacy policy.
6. Note on dispute resolution pursuant to the Consumer Dispute Resolution Act
In the event of disputes arising from the intermediary activities of Pawelkorb GmbH and EMSLANDEnergie with a consumer in connection with the conclusion of a contract, we would like to point out that we are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. However, should the disputes relating to the intermediary and/or brokerage activities of Pawelkorb GmbH and EMSLANDEnergie with a consumer in connection with the conclusion of a contract pertain to the areas of insurance and financial services, out-of-court dispute resolution with the Insurance Ombudsman Association (Versicherungsombudsmann e.V.) is available upon request.
Addresses of out-of-court dispute resolution bodies: Insurance Ombudsman Association.
PO Box 080632
10006 Berlin
Telephone: 030 / 2060 58-0
Email: beschwerde@versicherungsombudsmann.de Internet: www.versicherungsombudsmann.de
7. Final provisions, applicable law; choice of jurisdiction for merchants
7.1 These General Terms and Conditions are conclusive for regulating the legal relationship
responsible between EMSLANDEnergie and the user.
7.2 Should any provision of these General Terms and Conditions or any part thereof be or become invalid, this shall not affect the validity of these General Terms and Conditions as a whole.
7.3 The contractual relationship between the parties shall be governed by the law of the Federal Republic of Germany, excluding the conflict of laws provisions of the Introductory Act to the German Civil Code (EGBGB).
7.4 If the user is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction is the Munich I Regional Court district. For consumers, the statutory rules of jurisdiction apply.
(As of May 2023)
Pawelkorb GmbH and EMSLANDEnergie
