General terms and conditions

General Terms and Conditions of OPTUM GMBH for the performance of electricity and gas tariff comparisons

Please note: Other comparison calculators on this page are subject to separate terms and conditions.

1. Scope
   1. The following General Terms and Conditions apply to the brokering of electricity and gas supply contracts by OPTUM GmbH (hereinafter referred to as "OPTUM EBA"). OPTUM EBA itself does not supply electricity, gas, or any other form of energy. It acts solely as an intermediary for electricity and gas supply contracts. OPTUM EBA is not involved in the provision of services.
   2. In the event of a concluded electricity or gas supply contract, this contract is solely between the customer (user) and the supplier (energy provider). Within the framework of such a contractual relationship, or in the case of any 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.
   3. Any terms and conditions of the user that deviate from the general terms and conditions of OPTUM EBA shall not apply.
2. Scope of services
   1. OPTUM EBA, either directly or through third parties, provides users with free and non-binding information (online or offline) on prices and terms of electricity and gas supply contracts. The information displayed on the website does not constitute a binding contractual offer from OPTUM EBA or the respective service provider.
   2. OPTUM EBA 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. OPTUM EBA assumes no obligations beyond the brokering of electricity and gas contracts. In particular, OPTUM EBA itself does not supply electricity or gas. Any information about services and conditions or other information provided by OPTUM EBA does not constitute advice to the user, but is intended solely to facilitate the user's independent decision, over which OPTUM EBA has no influence.
   3. The user receives various online proposals regarding prices and terms from energy suppliers via OPTUM EBA. 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
   1. OPTUM EBA strives to ensure that the energy supplier offers it provides are always up-to-date and accurate. The service and product information, particularly regarding scope of services, prices, and terms and conditions, is based on information provided by the respective energy suppliers. OPTUM EBA endeavors to verify this information promptly. However, OPTUM EBA accepts no liability for the timeliness, completeness, or accuracy of the presented offers, nor for the timely, complete, and accurate transmission of this information.
   2. OPTUM EBA strives to represent the entire market for electricity and gas supply contracts for residential customers, insofar as the information is publicly available. However, OPTUM EBA does not guarantee that all energy suppliers operating in the selected service segment will be included in the presentation of offers, particularly if OPTUM EBA has doubts about the reliability of a supplier or a tariff, or if it considers the tariff unsuitable for large segments of its customer base (e.g., social tariffs or bundled tariffs).
   3. OPTUM EBA 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. Responsibility for this lies with the respective energy supplier with whom the user concludes the electricity or gas supply contract. None of the information constitutes a promise, guarantee, or assurance by OPTUM EBA.
   4. OPTUM EBA 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 OPTUM EBA or its legal representatives or agents. For damages resulting from a slightly negligent breach of essential contractual obligations by OPTUM EBA, OPTUM EBA is only liable for typical and foreseeable damages. Essential contractual obligations are those obligations whose fulfillment is a prerequisite for the proper execution of the platform, brokerage, or user agreement with OPTUM EBA, and on whose compliance the user regularly relies and may rely. Otherwise, OPTUM EBA is not liable.
4. User obligations, prohibition of commercial use
   1. The input and transmission of personal data by the user takes place online via the input forms prepared by OPTUM EBA or via other transmission methods expressly provided by OPTUM EBA 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, OPTUM EBA is entitled to leave the request unprocessed. In the event of the transmission of intentionally false or untrue personal data by the user, OPTUM EBA reserves the right to exclude the user from using the offered or provided services and to claim compensation for any resulting damages.
   2. The user is obliged to immediately check the contract documents received from the energy supply company – possibly via OPTUM EBA – for correctness and to inform the respective energy supply company of any discrepancies.
   3. The free use of OPTUM EBA's services is permitted only to private individuals who are not entitled to deduct input tax, or to companies for their own internal use. The use of OPTUM EBA's services for commercial purposes or within the scope of independent professional activity in the area of brokering services or using the information provided is expressly prohibited.
   4. For each instance of culpable violation of the prohibition on commercial or independent professional use, a contractual penalty of €2,500 is deemed agreed. OPTUM EBA may wait until the contractual penalty has been incurred several times before demanding the total amount. The aggregation of several individual acts into a single legal unit is excluded (exclusion of continuing offense). Notwithstanding the contractual penalty, OPTUM EBA may assert further claims for damages and exclude the user from further use of the offered or provided services.
   5. All copyrights, usage rights or intellectual property rights remain with OPTUM GmbH.
5. Data protection

Regarding data protection, please refer to the current privacy policy. (Privacy Policy)

1. Notice regarding dispute resolution pursuant to the Consumer Dispute Resolution Act

In the event of disputes arising from OPTUM GmbH's intermediary activities with a consumer in connection with a contract conclusion, 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 OPTUM GmbH's intermediary and/or brokerage activities with a consumer in connection with a contract conclusion 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 the out-of-court dispute resolution bodies:
Versicherungsombudsmann e. V.
P.O. Box 080632
10006 Berlin
Telephone: 030 / 2060 58-0
Email: beschwerde@versicherungsombudsmann.de
Internet: www.versicherungsombudsmann.de

1. Final provisions, applicable law; choice of jurisdiction for merchants
   
   
   1. These General Terms and Conditions are definitively responsible for regulating the legal relationship between OPTUM EBA and the user.
   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.
   3. The contractual relationship between the parties is governed by the law of the Federal Republic of Germany, excluding the conflict of laws rules of the Introductory Act to the German Civil Code (EGBGB).
   4. If the user is a merchant, a legal entity under public law, or a special fund under public law, Heilbronn is agreed as the exclusive place of jurisdiction. For consumers, the statutory rules of jurisdiction apply.

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(As of February 2022)
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