Terms and Conditions

Conditions of Use of BP Target Neutral Carbon Offset Services

1

These are the conditions on which we supply services to you.

Please read these Conditions carefully before you submit your order to us. These Conditions tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Conditions, please contact us to discuss.

The BP Target Neutral(TM) website (the website) offers you the facility to neutralize your travel CO2 emissions by contributing towards our selected emissions reduction projects (Carbon Offset Services). To purchase Carbon Offset Services from BP Target Neutral you must be aged 18 or over and resident in the United Kingdom.

2

BP Target Neutral is owned and managed by BP International Limited (a company registered in England and Wales; 542515). Our registered address is BP International Limited, Chertsey Road, Sunbury-on-Thames, Middlesex TW16 7BP. Our email address is targetneutral@BP.com and our telephone number is 0800 402 402. Our VAT number is GB 243510593.

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words “writing” or “written” in these Conditions, this includes emails.

3

By making a payment to neutralize your CO2 emissions through the BP Target Neutral Carbon Offset Services, you agree to be bound by these Conditions. The contract between us (the Agreement) will be formed when we send an email to you acknowledging your payment and confirming the tonnage of CO2 emissions that you have paid to offset through the Carbon Offset Services.

If we are unable to accept your order, for example if we identified an error in the price or description of the Carbon Offset Services we will inform you of this [in writing] and will not charge you.

Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from addresses outside the UK.

4

To purchase the Carbon Offset Services you are required:

  • To calculate your travel CO2 emissions by using the online carbon calculator provided; and
  • Enter your credit/debit card details in the secure payment gateway on the website (operated by World Pay Limited).

5

We will begin providing the Carbon Offset Services immediately on the date we accept your order. On receipt of your payment we will:

  • send an email acknowledging your payment and confirming the tonnage of CO2 emissions that you have paid to offset through the Carbon Offset Services;
  • ensure that any payment (excluding VAT and applicable card transaction fees) will be used to purchase emission reductions of CO2 at least equal to the tonnage of CO2 that the website calculator indicated need to be purchased in order to neutralise your CO2 emissions from travel;
  • ensure that we receive proof that those CO2 emissions reductions have occurred and have been independently verified;
  • ensure that CO2 emissions reductions purchased by us are retired into an appropriate register to ensure that they cannot be double-counted or re-sold (you will not receive any title to the emission reductions);
  • provide emails (if you have requested this) updating you on BP Target Neutral and the Carbon Offset Services it offers; and
  • send reminder emails on or around the anniversary of your purchase of Carbon Offset Services.

6

Part 1 – This Part 1 of Clause 6 only applies if you are a consumer

Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

  • we have told you about an upcoming change to the Carbon Offset Services or these Conditions which you do not agree to;
  • we have told you about an error in the price or description of the Carbon Offset Services you have ordered and you do not wish to proceed;
  • there is a risk that supply of the Carbon Offset Services may be significantly delayed because of events outside our control;
  • we have suspended supply of the Carbon Offset Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 90 days; or
  • you have a legal right to end the contract because of something we have done wrong.

If you have just changed your mind. You have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days, provided that we have not already completed providing the Carbon Offset Services to you.

Our Agreement to provide Carbon Offset Services will be completed when we email you to confirm we accept your order because we ensure that verified CO2 emission reductions are ‘retired’ in an appropriate verified register and this process cannot be reversed.

Please note that you do not have a right to change your mind after we email you to confirm we accept your order, even if the 14 day cancellation period is still running.

How to end the contract with us. To end the contract with us, please let us know before we email you to confirm we accept your order by calling us on 0800 402 402 or emailing us at targetneutral@BP.com. Alternatively, print off this form and post it to us at the address on the form. Or simply write to us at that address.

In all cases, please provide your name, home address, details of the order and, where available, your phone number and email address.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind before we email you to confirm we accept your order then your refund will be made within 14 days of your telling us you have changed your mind. No refunds can be given if you exercise your right to change your mind after we email you to confirm we accept your order.

Questions or complaints. If you have any questions or complaints about the Carbon Offset Services, please contact us using the details provided above in the section “How to end the contract with us”.

Summary of your legal rights. We are under a legal duty to supply services that are in conformity with the Agreement. See the box below for a summary of your key legal rights in relation to the services. Nothing in these Conditions or the Agreement will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
Under this contract for the provision of Carbon Offset Services, the Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
  • if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
  • if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

Part 2 – This Part 2 of Clause 6 only applies if you are a business

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you are making purchases via the website. Subject to clause 9 below, payments (once made) will not be refunded. These Conditions and any document expressly referred to in them or our Privacy Policy or terms for use of the website constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Conditions or any document expressly referred to in them or our Privacy Policy or terms for use of the Website. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

7

Payment for emissions reductions can only be received via the secure payment gateway accessible through the website. The secure payment gateway provides details of the credit and debit cards that can be used to make payment and the transaction charges applicable to each type of card. Transaction charges and VAT (at the rate applicable at the time of payment) will be added to the cost of purchase of emission reductions of CO2 equal to the tonnage of CO2 that you have chosen to offset.

8

We are an affiliate of BP Plc and will comply with and process any personal data you may provide to us in accordance with the privacy policy set out in the website.

9

We reserve the right to terminate this Agreement and close the website at any time. On the termination of this Agreement, any monies paid by you that have not already been applied or committed to emissions reductions will be refunded to you (excluding VAT and applicable transaction charges).

10

The cost of carbon credits may increase over time. We reserve the right to increase the cost per tonne applied within the website carbon calculator in line with such increases, however, the cost of your offset is valid at time of purchase and you will not be asked to pay any additional funds.

11

If you have purchased Carbon Offset Services and have registered your Nectar Card details either at the time of subscription or by updating your details on the website, for every litre of regular BP fuel or BP Ultimate with Active Technology fuel purchased by you at a BP service station that participates in the Nectar scheme BP will contribute the sum of £0.002 or £0.004 respectively towards CO2 emissions reductions (up to 10p per fill for regular fuel and up to 20p per fill for BP Ultimate with Active Technology). Just make sure you swipe your Nectar card at the time of purchase.

12

The BP Target Neutral(TM) website is not intended to offer emission reductions for vehicles used for commercial or business purposes. We reserve the right not to accept orders submitted by or on behalf of professional commercial business or corporate parties.

13

Although specific CO2 emission reduction projects may be highlighted on the website we do not undertake to apply any sums paid to us to any specific project and reserve the right to apply sums to any emissions reduction project whether referred to in the website or otherwise (provided they meet BP Target Neutral requirements and subject to proof of emission reductions and independent verifications).

14

We have based our emissions calculations on current scientific data relating to emissions factors but the accuracy of the calculations cannot be guaranteed. As new scientific data is published, we will review our calculations and make appropriate adjustments when we consider it necessary.

15

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 6 and for defective products under the Consumer Protection Act 1987.

16

This clause 16 only applies if you are a business customer.
We only supply Carbon Offset Services for internal use by your business, and you agree not to use them for any resale purposes.

Subject to clause 15, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:

  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss.

Subject to clause 15, our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Carbon Offset Services purchased.

Except as expressly stated in these Conditions, we do not give any representation, warranties or undertakings in relation to the emission reduction services. Any representation, condition or warranty which might be implied or incorporated into these Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the emission reduction services are suitable for your purposes.

17

Our liability if you are a consumer
This clause 17 only applies if you are a consumer.
If we fail to comply with these Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but (except as stated in clause 15) we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

We only supply the Carbon Offset Services for domestic and private use. You agree not to use the emission reduction services for any commercial, business or resale purposes, and (except as stated in clause 15) we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

18

Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control.
An Event Outside Our Control means: any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under an Agreement:

  • we will contact you as soon as reasonably possible to notify you; and
  • our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

19

Other important terms
We may transfer our rights and obligations under an Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights or our obligations under the Agreement.

You may only transfer your rights or your obligations under these Conditions to another person if we agree in writing.

This Agreement is between you and us. No other person shall have any rights to enforce any of its terms.

Each of the paragraphs of these Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we do not insist immediately that you do anything you are required to do under the Agreement, or if we delay in taking steps against you in respect of your breaking the Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

If you are a consumer, please note that these Conditions are governed by English law. This means the Agreement and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may bring proceedings in respect of the Carbon Offset Services in either the Northern Irish or the English courts, and if you are a resident of Scotland, you may bring proceedings in respect of the Carbon Offset Services in either the Scottish or the English courts.

If you are a business, the Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with an Agreement or its subject matter or formation (including non-contractual disputes or claims).

20

Alternative dispute resolution.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform by clicking on this link. They will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.