Fuel For Life general Terms and Conditions

  

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1. Subject Matter

Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80788 Munich, Germany, a company with its registered place of business in Munich and recorded in the Commercial Register at the Local Court of Munich under registration number HRB 42243 (hereinafter “BMW AG” or “BMW”) operates an internet platform under the name “Fuel For Life” on the website fuelforlife.bmw-motorrad.com (hereinafter “Fuel For Life”). Through Fuel For Life, participating providers (hereinafter “Fuel For Life Partners”) may offer various experiences from the categories “Rental” (Rent A Ride), “Travel”, “Trainings” (hereinafter each an “Experience”) to natural and legal persons (hereinafter each a “Customer”). On Fuel For Life, Customers can search and compare the various Experiences provided by Fuel For Life Partners.

Fuel For Life is available to the Customer subject to these Fuel For Life General Terms and Conditions (hereinafter “GTC”). The current version of these GTC can be viewed, saved and printed on the website fuelforlife.bmw-motorrad.com.

1.1 BROKERING OF RENTAL EXPERIENCES – UPCOMING IN 2022

So far, Experiences from the category “Rental” have not been launched on Fuel For Life. The launch of such Rental Experiences is scheduled for 2022. In the event of launch, these GTC will be updated accordingly in the format of a new version of these GTC. In this event, it is planned that Customers will be enabled to book Experiences from the category “Rental” (Rent A Ride) directly on Fuel For Life. In this respect, BMW will facilitate contracts between the Customer and the respective provider of Rental (Rent A Ride) Experiences.

1.2 CONTACT FORM FOR BOOKING TRAVEL AND TRAINING EXPERIENCES OUTSIDE OF FUEL FOR LIFE

Experiences from the categories “Travel” and “Trainings” cannot be booked directly on Fuel For Life. Fuel For Life is not the “point of sale” within the meaning of Article 3(15) of the Package Travel Directive 2015/2302/EU for Experiences from the categories “Travel” and “Trainings”. Fuel For Life’s functionality is insofar limited to the provision of general information on Booking Offers and prices. If a Customer is interested in an Experience from the categories “Travel” and “Trainings”, BMW establishes, at the Customer’s request, contact between the Customer and the respective Fuel For Life Partner via a contact form. However, BMW does not broker or facilitate the contract for the provision of the respective Experience between the Customer and the respective Fuel For Life Partner. In particular, BMW does not act as a (travel) agent/retailer of a package travel contract or as a travel agent/retailer/trader facilitating a linked travel arrangement. The conclusion of a contract for the provision of the respective Experience directly between the Customer and the respective Fuel For Life Partner occurs outside of Fuel For Life. BMW is not responsible for the fulfilment of such contracts by the relevant Fuel For Life Partners (see Section 3 of these GTC).

Certain offers for Experiences are not provided by the respective Fuel For Life Partner directly, but instead by a third party company (hereinafter: “Third Party Provider”), whereas the respective Fuel For Life Partner acts as an agent or broker of the Third Party Provider for those Experiences (hereinafter: “Experience(s) from Third Party Provider(s)”). If Fuel For Life Partner brokers Experience(s) from Third Party Provider(s) to the Customer, the same rules, as set forth in this Section 1.2 and Section 3 of these GTC, shall apply.

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2. Brokering of Rental-Experiences - Upcoming in 2022

As set out in Section 1.1 of these GTC, so far Experiences from the category “Rental” have not been launched on Fuel For Life. The launch of such Rental Experiences is scheduled for 2022. In the event of launch, these GTC will be updated accordingly in the format of a new version of these GTC. In this event, it is planned that Customers will be enabled to book Experiences from the category “Rental” (Rent A Ride) directly on Fuel For Life.

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3. Travel and Training Experiences: Contact only

3.1 OVERVIEW

On Fuel For Life, Customers can search for Experiences from the categories “Travel” and “Trainings” offered by Fuel For Life partners (hereinafter: “Booking Offers”) and select the relevant Booking Offer that matches their individual preferences. 

Booking Offers cannot be booked directly on Fuel For Life. Fuel For Life is therefore not a “point of sale” within the meaning of Article 3(15) of the Package Travel Directive 2015/2302/EU for Booking Offers from the categories “Travel” and “Trainings”. The functionality of Fuel For Life with regard to Booking Offers is limited to the provision of general information on Booking Offers and prices.

If a Customer is interested in a Booking Offer, BMW establishes, at the Customer’s request, contact between the Customer and the respective Fuel For Life Partner via a contact form, however without BMW brokering or facilitating the contract for the provision of the respective Experience between the Customer and the respective Fuel For Life Partner. BMW only forwards the Request Data to the Fuel For Life Partner’s email address (see Section 3.2.2 of these GTC), whereas BMW does not store these data.

Therefore, BMW is neither an agent nor a party to the respective contract between the Customer and the respective Fuel For Life Partner for the provision of the Experience related to the relevant Booking Offer. 

BMW also has no influence on the individual conditions and prices of the respective Fuel For Life Partner.

This Section 3.1 as well as the provisions in Section 3.2 of these GTC shall also apply if Fuel For Life Partner brokers Experience(s) from Third Party Provider(s) to the Customer.

3.2 ESTABLISHING CONTACT WITH FUEL FOR LIFE PARTNER

3.2.1 SEARCHING FOR AND DISPLAYING OF BOOKING OFFERS

On Fuel For Life, BMW offers Customers the opportunity to browse Experiences from the categories “Travel” and “Trainings”. A Customer may conduct an individual search on Fuel For Life. Based on this search, Fuel For Life displays Booking Offers for Experiences provided by Fuel For Life Partners to the Customer.

The Booking Offers displayed are merely an overview of the Experiences from the categories “Travel” and “Trainings” that are, in principle, available for booking according to the information provided by Fuel For Life Partners. 

The content of the Booking Offers on the Fuel For Life online platform is based on the information provided to BMW and released for publication on Fuel For Life by the relevant Fuel For Life Partner.

BMW has no knowledge of the actual availability and bookability of the respective Experiences or their quality. The Fuel For Life Partners are solely responsible for the content of the information displayed in relation to the relevant Booking Offer, in particular for availability, prices and other contractual conditions. Exceptions apply to general information about the Fuel For Life program as a whole, selection criteria of search masks, screens for entering personal data and vehicle descriptions for individual models. 

The display of Booking Offers on Fuel For Life does not constitute an offer to conclude a contract on the part of BMW, nor does it constitute an offer to conclude a contract on the part of the respective Fuel For Life Partner.

3.2.2 CONTACT REQUEST TO FUEL FOR LIFE PARTNER

In order to contact the Fuel For Life Partner responsible for the relevant Booking Offer, the Customer can first select the desired Booking Offer on Fuel For Life and specify the desired period and number of participants and select available ancillary services. 

The Customer can then enter their personal data (gender, first name, surname, address, email address, telephone number, birthday, nationality), any additional Experience-specific information (such as information on driving skills and the relevant driving licence class), any additional ancillary services desired and payment information (hereinafter referred to as “Request Data”).

The Customer has the possibility to review all information and to make any necessary corrections. By clicking the button “Send request now” (or a button with an equivalent designation), the Customer instructs BMW to transmit a non-binding contact request, including all Request Data, to the respective Fuel For Life Partner, including the request to contact the Customer via the means of communication provided as part of the Request Data (hereinafter “Contact Request”). BMW acts as the Customer’s messenger.

Fuel For Life will forward the Contact Request immediately to the Fuel For Life Partner. After the Contact Request has been forwarded to the relevant Fuel For Life Partner, BMW will send a confirmation message by email to the Customer (hereinafter “Confirmation Message”).

3.3 CONTRACT FOR THE PROVISION OF THE EXPERIENCE ONLY WITH FUEL FOR LIFE PARTNER

BMW is not responsible for any activities beyond the transmission of the Contact Request to the relevant Fuel For Life Partner. In particular, BMW is not responsible for the brokerage of a specific contract for the provision of the relevant Experience from the categories “Travel” and “Trainings” between the Customer and the relevant Fuel For Life Partner. This shall apply also to any Experience(s) from Third Party Provider(s).

The conclusion of a contract for the provision of the respective Experience from the categories “Travel” and “Trainings” is the responsibility of the Customer and the relevant Fuel For Life Partner. Fuel For Life does not provide any functionality that enables the conclusion of a contract between the Customer and the relevant Fuel For Life Partner for the provision of Experiences from the categories “Travel” and “Trainings”. This shall apply also to any Experiences from Third Party Provider(s).

The relevant Fuel For Life Partner is exclusively responsible for the execution of the booking and the provision of the Experience. The provision of any Experience selected by the Customer is always exclusively governed by the relevant contractual terms and conditions of the relevant Fuel For Life Partner. The possibility of cancellation of the booking is governed exclusively by the relevant contract for the provision of the Experience between the Customer and the relevant Fuel For Life Partner; or in case of an Experience from Third Party Provider, by the relevant contract for the provision of the respective Experience from Third Party Provider between the Customer and the respective Third Party Provider.

The relevant Fuel For Life Partner or, in case of an Experience from Third Party Provider, the relevant Third Party Provider, as a potential contractual partner of a contract for the provision of the respective Experience or Experience from Third Party Provider, is obliged to provide the Customer with any pre-contractual information required by law.

3.4 DATA STORAGE

The Request Data will be stored by BMW or an authorized service provider. These GTC will be shown again in the Confirmation Message and can be downloaded as a file.

3.5 PAYMENT

3.5.1 NO FEES TO BMW

BMW does not charge Customers any fees for the transmission of the Contact Request to the relevant Fuel For Life Partner.

3.5.2 COMPENSATION OF THE FUEL FOR LIFE PARTNER

Any payment of any compensation to the Fuel For Life Partner is governed by the relevant contractual terms and conditions of the Fuel For Life Partner or, in case of an Experience from Third Party Provider, of the Third Party Provider who is the contractual partner of the Customer. BMW has no influence on this.

3.5.3 NO ACCEPTANCE OF PAYMENTS BY THE CUSTOMER REGARDING COMPENSATION FOR THE RELEVANT FUEL FOR LIFE PARTNER

BMW does not accept any payments from the Customer towards any compensation of the relevant Fuel For Life Partner and/or any Third Party Provider, and BMW is not authorised to do so.

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4. Information about Rental Offers and Booking Offers on Fuel For Life

4.1 RENTAL OFFERS AND BOOKING OFFERS

All information on Rental Offers and Booking Offers (Section 3.1 of these GTC), including the respective price information, displayed on the Fuel For Life online platform corresponds to the information provided by the relevant Fuel For Life Partner. BMW has no influence on such information and shall therefore not be responsible for its correctness. Exceptions apply to general information on the vehicle models as well as on the Fuel For Life program as a whole, selection criteria of the search masks, screens for entering personal data and vehicle descriptions for individual models.

4.2 RANKING OF RENTAL OFFERS ON FUEL FOR LIFE

We will provide information on rankings of rental offers once relevant Experiences from the category “Rental” have been launched on Fuel For Life (please see Section 1.1 of these GTC).

4.3 RANKING OF BOOKING OFFERS ON FUEL FOR LIFE

Fuel For Life provides a search functionality, enabling the Customer to search for Experiences by:

  1. Selecting an Experience category,
  2. Indicating a certain time period,
  3. Specifying the number of participants, and
  4. Selecting a price range.

The results of the Customer’s search for Experiences will be ranked on Fuel For Life as follows:

The order of the Experiences is set up by the editor in the authoring environment of the back-end of Fuel For Life. This order will also be displayed to the Customer on the front-end of Fuel For Life. It is not possible for Fuel For Life Partner to influence ranking against any direct or indirect remuneration paid by Fuel For Life Partner to BMW.

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5. Data protection

BMW collects, stores and uses the personal data provided by the Customer in accordance with the statutory provisions, as far as this is necessary for the establishment, content arrangement or amendment of the contractual relationship (inventory data) and the processing of the relevant Contact Request.

BMW is entitled to pass on all necessary data, including personal data provided by the Customer, such as name and contact data, to the Fuel For Life Partners, as far as this is necessary for forwarding the relevant Contact Request.

Apart from that, BMW processes the customer’s personal data in accordance with applicable data protection law.

The Fuel For Life Privacy Policy can be accessed by the Customer via the corresponding link on the Fuel For Life online platform under https://www.fuelforlife.bmw-motorrad.com/de/public-pool/content-pool/privacy.html . The Fuel For Life Privacy Policy is for information purposes only and does not constitute a part of these GTC or any contract between the Customer and BMW.

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6. Data security

The servers of BMW AG are protected by state-of-the-art technology, including, without limitation, firewalls; the Fuel For Life Customer is aware, however, that there is a risk for all contracting parties that transmitted data will be intercepted during the transmission process. 

This applies not only to an exchange of information by email where information leaves the system, but also to integrated applications, such as weblogs, user messages, etc., and to any other data transfers. As a result, the confidentiality of data transmitted while using the Fuel For Life online platform cannot be guaranteed.

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7. Liability

7.1 NO LIABILITY FOR FUEL FOR LIFE PARTNERS

BMW assumes no responsibility for the performance of contracts and/or any other acts by Fuel For Life Partners. Fuel For Life Partners and/or Third Party Providers are not agents of BMW.

7.2 GENERAL PRINCIPLE

Any liability of BMW for damages suffered by Customers, whatever the legal basis (in particular contract, tort, breach of a contract or other obligation [Schuldverhältnis], indemnity), is hereby disclaimed and excluded, unless set forth otherwise in Section 7.3 of these GTC.

For Customers who act as consumers when entering into these GTC the limitation of liability under this Section 7.2 applies only to the extent permitted under applicable local law.

7.3 NO LIMITATION OF LIABILITY

The limitation of liability in Section 7.2 of these GTC shall not apply to (i) intentional or grossly negligent acts or omissions, (ii) harm to life, limb, or health, (iii) fraudulently concealed defects, (iv) liability under a guarantee (in which case, any liability provisions applicable to the guarantee are dispositive), (v) any claims under product liability provisions, (as far as they are applicable) and/or (vi) any damages resulting from a breach of material contractual obligations (cardinal obligations [Kardinalpflichten]), i.e. obligations which, given the terms and purpose of the contract as a whole, are precisely intended to be incumbent upon BMW, or the performance of which is a prerequisite for due performance of the agreement, and on compliance with which Customers may reasonably rely and generally do rely.

Nevertheless, any liability for damages caused by a breach of contract due to ordinary negligence shall be limited to reasonably foreseeable damages.

7.4 LIABILITY FOR LOSS OF DATA

In the event of a loss of data, BMW will incur liability (i) subject to the foregoing limitations of liability and (ii) only if the loss of data could not have been avoided through reasonable data backup measures taken by the Customer.

7.5 LIABILITY FOR OFFICERS, DIRECTORS AND AGENTS

The foregoing limitations of liability shall also apply to any claims for damages brought by a Customer against a statutory representative, agent, or employee of BMW.

7.6 HYPERLINKS

The Fuel For Life websites may contain hyperlinks to other websites that enable Customers to leave the Fuel For Life websites and go directly to the linked website. The hyperlinks are provided to assist Customers and the inclusion of a hyperlink does not imply that BMW endorses or has approved the linked website. BMW does not control hyperlinked websites, and is not responsible or liable for their content or any hyperlink within such websites, or for any transmission received from any hyperlinked websites.

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8. Contacts

The customer can contact Fuel For Life customer service at fuelforlife@bmw-motorrad.com with any questions.

Contact details, including but not limited to phone number and hours of availability of the Fuel For Life customer service are available at fuelforlife.bmw-motorrad.com.

 

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9. Choice of law

These GTC are governed by the laws of the Federal Republic of Germany, as applicable between German residents. However, for the benefit of a consumer, compulsory standards of the law applicable at the consumer’s habitual residence, which are more favourable for the consumer, shall take precedence over German law.

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10. Contract language

The official contract language shall be the language that is selected by the Customer when making the reservation or submitting the Contact Request. Fuel For Life and these GTC are available in the following language versions: English and German. These languages also represent the languages available for the conclusion of the contract.

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11. Judical forum and consumer dispute resolution

11.1 JUDICIAL FORUM

If the Customer is a legal entity within the meaning of German law, then the courts of Munich, Germany shall have exclusive competence and jurisdiction for any and all present or future claims arising from the business relationship.

11.2 CONSUMER DISPUTE RESOLUTION

In accordance with Regulation (EU) 524/2013 on online dispute resolution for consumer disputes, the European Commission has set up an online platform for the online resolution of disputes among businesses and consumers. This platform is available at http://ec.europa.eu/consumers/odr.

For Consumers outside of Finland: BMW will not participate in dispute resolution proceedings before any consumer mediation boards within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG) or Directive 2013/11/EU on alternative dispute resolution for consumer disputes. BMW is also not obliged to participate.

For Consumers in Finland only: If a dispute between BMW and a consumer Customer cannot be resolved by amicable negotiations between BMW and the consumer Customer, the consumer Customer may bring the matter under dispute to the national Consumer Dispute Board (https://www.kuluttajariita.fi/fi/) to be resolved. Before taking the matter under dispute to the national Consumer Dispute Board, the consumer Customer must be in contact with the consumer advisory services (https://www.kkv.fi/kuluttajaneuvonta/).

LAST REVISED: MARCH 2022

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