1. Preliminary remarks
The non-profit organisation atmosfair gGmbH provides the opportunity to contribute directly to the reduction of greenhouse gas emissions. For this purpose, it invests in appropriate climate protection projects that reduce greenhouse gas emissions. The reductions effected by these projects are verified on behalf of atmosfair. atmosfair obtains the official certificates (Certified Emission Reductions (CER)), according to art. 12 of the Kyoto Protocol. These additionally meet the voluntary so called “CDM Gold Standard” of the international environmental NGOs. Depending on your donation, you contribute to a certain amount of emission reduction in a climate protection project.
You have the possibility to directly adjust your donation to the emissions caused by your flight. The emissions calculator allows for the determination of the emissions caused by your flight. While it works highly differentiated, it also applies default and average values that might potentially differ from the actually produced emissions and their effects on climate in their precise amount.
2. Utilisation of your donations
After deducting marketing and administrative expenses in the amount of ca. 9% of the revenues (mean value 2007-2012), atmosfair uses your donations to achieve emission reduction in the selected projects.
Despite the fact that atomsfair only selects projects whose partners are regarded as trustworthy, a partner’s definite success in reducing emissions can not be guaranteed by atmosfair. If it turns out that a project fails to effect emission reductions as agreed, atmosfair will use your donation for investment into another project. atmosfair will stop supporting projects that fail to comply with their obligations, e.g. the Gold Standard. In order to avoid the loss of money, atmosfair will conclude contracts to these effects with the project eveloper. The validation and verification of the projects are effected by UN-accredited monitoring organisations (operational entities, such as the German TÜV) for whose activities atmosfair is not liable.
By accepting donations, atmosfair commits itself to save emissions for the amount of greenhouse gas indicated by the donator, and to cancel the respective CERs in the official registry of Germany. This provides the evidence for the permanent reduction of emissions according to the rules of the Kyoto Protocol. If no appropriate climate protection projects conforming to the CDM Gold Standard can be found or signed upon receipt of payment, the search for projects can be continued for a period of up to two years; otherwise, atmosfair may also invest in CDM projects not conforming to the Gold Standard. If the latter is not possible, donations may be used for other climate protection projects that possess the highest possible quality. atmosfair will save a smaller amount of emissions, if the savings in the indicated amount should not be possible with the amount paid by the donator minus marketing and administrative expenses due to unforeseen project costs.
atmosfair will regularly publish an overview of the overall donations received and the overall savings effected, at least in its annual report. Upon request, it gives access to its account at the official German registry account, where it stores permanentely the certificates on the emission reductions accomplished in the projects. Rights to information with regard to individual business transactions beyond this level do not exist.
Until the commencement of business by atmosfair, the forum anders reisen e.V. held your donations as trustee. The forum directly transferred the donations in your name to atmosfair.
3. Certificates of emission reduction, no personal claim to the receipt of certificates
The credits for emission reduction issued by the project partners constitute certificates in terms of emission trading. They are accepted by atmosfair and transferred into the cancellationj account in the German registry. This is the formal proof that the emission reductions have been truly effected to the benefit of the climate. A personal claim to receive or purchase personal emission reduction certificates from atmosfair or to use them in any other way does in no way exist by making your donation.
atmosfair is not liable for the correctness of information provided to you by the monitoring organisation (operational entities) or the project partners and declarations with regard to produced emissions and achieved reductions of emissions as well as other project information. Neither it is liable for the advent of reduction of a definitely provable amount of greenhouse gas emissions, but contributes to the reduction of emissions within the scope of the projects described in number 1. The responsibility for the proof of the emissions savings lies ultimatively with the accrediatted operational entites.
5. Choice of law
German law applies to all legal relationships between you and atmosfair resulting from your donation to the promotion of climate protection.
The documents distributed to you contain copyrighted material. You are in no way allowed to edit, rearrange, publish, distribute, send, exhibit, copy these documents neither on the whole nor in parts, to participate in their disposal or transfer or to economically utilise them in any other way. You are authorised to make one (1) copy of the protected material for private use only.
7. SEPA direct debit
If the customer pays by SEPA direct debit, atmosfair will normally withdray the money from the stated bank account after five days or within the three up-following days.
Since 1 September 2005, atmosfair is acknowledged as a non-profit organisation and has the right to issue recognised donation receipts. Thus, donations made after this date are deductible from your taxable income at German tax offices and as a consequence decrease your income tax.
9. Severability clause
Beyond these terms and conditions, there are no further agreements between you and atmosfair. All residual statements in the documents distributed or made accessible to you are directly related to these terms and conditions or explain them, but without changing or complementing them. Inefficacy of one regulation of these terms and conditions does in no way affect the residual ones; they are to be complemented in the way that the intention of the parties expressed in the non-effective regulation is realised at best.