Fuel For Life general Terms and Conditions
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.
Please note the “Special provisions for Customers in specific countries” in Section 12 of these GTC. These “special provisions” apply additionally to Customers who are located in one of the countries identified in Section 12 of these GTC when entering into the contract with BMW on the basis of these GTC.
1.1 Brokering of Rental Experiences (Rent A Ride)
Customers can book Experiences from the category “Rental” (Rent A Ride) directly on Fuel For Life. In this respect, BMW facilitates contracts between the Customer and the respective provider of Rental (Rent A Ride) Experiences. Fuel For Life Partners who offer Rental (Rent A Ride) Experiences are hereinafter referred to as “Rent A Ride Partners”. BMW is not responsible for the fulfilment of these contracts by the relevant Rent A Ride Partners (see Section 2 of these GTC).
Each Rent A Ride Partner is solely responsible for complying with all regulatory requirements that apply to the relevant Rental Offers, including any registration, qualification, permit, and/or authorization requirements. BMW will not be responsible for any non-compliance by a Rent A Ride Partner with such regulatory requirements.
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.
Fuel For Life Partners and, where involved, Third Party Providers are solely responsible for complying with all regulatory requirements that apply to the relevant Experiences, including any registration, qualification, permit, and/or authorization requirements. BMW will not be responsible for any non-compliance by Fuel For Life Partners and, where applicable, Third Party Providers with such regulatory requirements.
2. BROKERING OF RENTAL EXPERIENCES (RENT A RIDE)
2.1 BMW acts as broker of Rental Experiences
On Fuel For Life, Customers can search for rental offers for BMW motorcycles, BMW motorcycle accessories and motorcycle gear (hereinafter “Rental Items”) offered by Rent A Ride Partners on Fuel For Life (hereinafter “Rental Offers”) and conclude corresponding rental contracts.
When a booking is made, a rental contract is concluded directly between the Customer and the respective Rent A Ride Partner who offers the Rental Items selected by the Customer on Fuel For Life. In this respect, BMW acts as a broker.
Therefore, BMW is not a party to the rental contract between the Customer and the Rent A Ride Partner and has no influence on the individual rental conditions and prices of the respective Rent A Ride Partner.
2.2 Rent A Ride Partner as Customer’s Contracting Partner
BMW offers Customers the opportunity to browse Rental Offers on the Fuel For Life online platform and to rent Rental Items from a Rent A Ride Partner. Customers search the Fuel For Life online platform for desired products.
Search results displayed on the Fuel For Life online platform may differ from search criteria, in particular if there are no available Rental Offers that fully meet the search criteria of a Customer. Rental Offers on Fuel For Life are limited to Rental Items that are available for rent from Rent A Ride Partners.
2.3 Rental Contracts
Rental contracts for Rental Items selected by Customers are subject to the rental terms and conditions of Rent A Ride Partners.
Rental Offers on the Fuel For Life online platform are based on information that has been uploaded by Rent A Ride Partners to a dedicated Fuel For Life system and that has been approved by Rent A Ride Partners for publication.
Information displayed on Fuel For Life, including, without limitation, availability, prices and other rental terms and conditions, are solely the responsibility of Rent A Ride Partners. 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.
2.4 Conclusion of Rental Contract
2.4.1 Reservation Process
To rent a Rental Item, a Customer must first select the desired Rental Item on the Fuel For Life online platform. The Customer then provides their personal data (name, address, email address and data, information related to payment) and selects the rental term and any add-on options. The Customer is thereupon provided with an opportunity to review all information and to make any necessary corrections. By clicking the button “Book now with obligation to pay” (or a button with an equivalent designation), the Customer makes a legally binding reservation request to the Rent A Ride Partner to rent the selected Rental Item subject to the terms and conditions of the Rent A Ride Partner.
2.4.2 Reservation Confirmation for Rental Offers without an obligation to pay a deposit
If the rental terms and conditions of a Rent A Ride Partner do not require a deposit for reservations, the reservation will be confirmed as follows: By clicking the button “Book now with obligation to pay” (or a button with an equivalent designation), the Customer instructs and authorizes BMW to broker the specified rental contract with the Rent A Ride Partner.
The Customer has to confirm their booking with their email address by way of an email link by clicking on “Confirm booking now” (or a button with an equivalent designation) within 24 hours (hereinafter “Email Confirmation by the Customer”). If, however, the Email Confirmation by the Customer is not carried out within 24 hours, the Fuel For Life online platform will delete the booking.
If the Email Confirmation by the Customer is made in time, Fuel For Life will immediately confirm the receipt of the booking in the name of the Rent A Ride Partner to the email address provided by the Customer within the course of the booking process (hereinafter “Reservation Confirmation”). This Reservation Confirmation will also result in a rental contract between the Customer and the Rent A Ride Partner covering the relevant Rental Items.
2.4.3 Reservation Confirmation for Rental Offers with an obligation to pay a deposit
If the rental terms and conditions of a Rent A Ride Partner do require a deposit for reservations, the reservation will be confirmed as follows: By clicking the button “Book now with obligation to pay” (or a button with an equivalent designation), the Customer instructs and authorizes BMW to broker the specified rental contract with the Rent A Ride Partner. In the name of the Rent A Ride Partner, Fuel For Life will promptly confirm receipt of the reservation to the email address provided by the Customer during the reservation process (hereinafter “Reservation Confirmation”).
This Reservation Confirmation will also result in a rental contract between the Customer and the Rent A Ride Partner.
Furthermore, the Customer will be forwarded promptly to the payment process on the Fuel For Life online platform. If the Customer does not pay the deposit within 24 hours after clicking on the button “Book now with obligation to pay” (or a button with an equivalent designation), Fuel for Life will automatically cancel the booking.
2.5 Transmission as authorized messenger
During the reservation process, BMW acts as a messenger of the Customer in forwarding the Customer’s reservation request to the appropriate Rent A Ride Partner. BMW will be able to ensure proper processing of a reservation only if the Customer has correctly and fully provided all necessary data, including, without limitation, the Customer’s contact information, the rental term, the vehicle model and any additional Rental Items.
2.6 Data storage
Reservation data will be stored by BMW or an authorized service provider. Reservation data and general terms and conditions will be shown again in the Reservation Confirmation and can be downloaded as a file.
2.7 Payment and deposit
2.7.1 No fees to BMW
BMW does not charge Customers any fees for its brokerage services.
2.7.2 Payment of rental prices to Rent A Ride Partners
Payment of the rental price to the Rent A Ride Partner is subject to the rental terms and conditions of the Rent A Ride Partner who is the contract partner of the Customer.
2.7.3 Deposit and payment method
Under the rental terms and conditions of a Rent A Ride Partner, Customers may be required to pay a deposit for a rental contract to that Rent A Ride Partner. The exact terms and conditions for such a deposit are set forth in the rental terms and conditions of the Rent A Ride Partner, which can be viewed before a final reservation is made. If the Customer does not pay the deposit within 24 hours after clicking on the button “Book now with obligation to pay” (or a button with an equivalent designation), Fuel For Life will automatically cancel the booking and terminate the rental contract between the Customer and the Rent A Ride Partner. After a successful payment of the deposit, a confirmation message will appear on the internet platform to inform the Customer, that the deposit has been paid. The Customer will also receive an information about their successful payment in an email. Customers must pay the deposit using the payment method made available on the Fuel For Life online platform, i.e., the payment method to which Customers are linked during the reservation process. Rental contracts are concluded as provided in Section 2.4.3 of these GTC.
If a Customer chooses to pay the deposit by credit card, then the Customer must expressly authorize the Rent A Ride Partner to charge the Customer’s credit card account the amount that is due. For such reservations, the Customer agrees that the deposit amount shown during the reservation dialog or the total amount due for the reservation, including any taxes and fees, will be charged directly to his/her/its credit card. Fuel For Life has no access to funds paid by Customers.
If a Customer chooses to pay the deposit using PayPal, the Customer will make payment directly on the page linked to the Fuel For Life online platform.
2.8 Cancellation or modification of rental contracts
2.8.1 Cancellation of the rental Contract
Customers may cancel rental contracts within the cancellation period specified in the applicable rental terms and conditions by using the cancellation link in the Reservation Confirmation from Fuel For Life. Under the rental terms and conditions of a Rent A Ride Partner, Customers may be required to pay a reasonable cancellation fee after the contract date. Detailed cancellation terms and conditions can be found in the rental terms and conditions of the Rent A Ride Partner, which will be shown to the Customer during the reservation process. Any other rights of Customers remain unaffected.
2.8.2 Modification of rental contracts
Whether a rental contract can be modified depends on the rental terms and conditions of each Rent A Ride Partner. If a Customer would like to modify a rental contract, the Customer must contact the Rent A Ride Partner directly by email or telephone to the contact details indicated in the rental terms and conditions of the Rent A Ride Partner.
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 a broker 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. Furthermore, BMW does not act as an agent of the Customer or the Fuel For Life Partner.
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.
4. INFORMATION ABOUT RENTAL OFFERS AND BOOKING OFFERS ON FUEL FOR LIFE
4.1 RENTAL OFFERS AND BOOKING OFFERS
All information on Rental Offers (Section 2.1 of these GTC) 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
The results of the Customer’s search for Rental Offers will be displayed on the Fuel For Life online platform as follows, subject to geo-location service:
– In case of permitted geo-location service: Order of distance to the next Rent A Ride Partner.
– In absence of geo-location service: Alphabetical order of countries (A-Z).
The Customer shall be enabled to change the alphabetical order of countries by means of a dropdown into “country (Z-A)”.
If there are no Rental Offers available which match the search criteria, Rental Offers that are similar to the search criteria will be suggested.
If no Rent A Ride Partner has been selected, then Rental Offers from the first 20 Rent A Ride Partners shall be displayed in line with the certain order which is set out above. Such limitation is necessary to maintain a fast display performance. Once the Customer has selected a certain Rent A Ride Partner, then the Customer shall be informed about further Rental Offers.
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.
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 utilization and settlement (usage data) of the bookings and contracts brokered under it or for 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 the establishment, execution, amendment or termination of the respective contractual relationship between the Customer and the respective Rent A Ride Partner or 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/en/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 between the Customer and BMW.
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.
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.
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.
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.
10. CONTRACT LANGUAGE
The official contract language for the contract between the Customer and BMW on the basis of these GTC shall be the language that is selected by the Customer on Fuel For Life when making the reservation or submitting the Contact Request. Fuel For Life and these GTC are available in the following language versions: Czech, Dutch, English, French, German, Greek, Italian, Japanese, Norwegian, Polish, Serbian, Slovak and Spanish. These languages are available for the conclusion of the contract between the Customer and BMW on the basis of these GTC.
11. JUDICIAL 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/).
11.3 INFORMATION PURSUANT TO THE EU DIGITAL SERVICES ACT (“DSA”)
PURSUANT TO REGULATION (EU) 2022/2065 ON A SINGLE MARKET FOR DIGITAL SERVICES (DIGITAL SERVICES ACT, HEREINAFTER “DSA”) BMW PROVIDES THE FOLLOWING INFORMATION ON CONTENT MODERATION AND BMW’S INTERNAL COMPLAINT-HANDLING SYSTEM TO CUSTOMERS WHO HAVE THEIR PLACE OF ESTABLISHMENT OR ARE LOCATED IN THE EUROPEAN UNION OR THE EUROPEAN ECONOMIC AREA. PLEASE NOTE THAT THE FOLLOWING INFORMATION APPLIES TO RENTAL OFFERS DISPLAYED ON FUEL FOR LIFE, BUT NOT TO BOOKING OFFERS.11.3.1 INFORMATION ON CONTENT MODERATION
BMW may make certain restrictive decisions with respect to the content or accounts of users of Fuel For Life, including without limitation Rent A Ride Partners who are able to upload information on Rental Offers to the Fuel For Life platform, (hereinafter “Users”) if BMW believes that Users have violated the law or the contracts between Users and BMW which regulate the use of Fuel For Life by Users (hereinafter “Terms”). For example, BMW may decide to (i) restrict or block the visibility of User content (e.g. information on Rental Offers), (ii) suspend or terminate the provision of all or part of the services to Users, (iii) suspend or close the User account, (iv) restrict monetisation opportunities for User content, and/or (v) where BMW cannot identify (trace) Rent A Ride Partners as required under the DSA: deny Rent A Ride Partners access to Fuel For Life. BMW may also decide not to act on a report submitted by a User (e.g. by a Customer) for potentially illegal content or content that violates the Terms.
11.3.2 INFORMATION ON INTERNAL COMPLAINT-HANDLING SYSTEM
If a User disagrees with a decision within the meaning of Section 11.3.1 above, the User can lodge a complaint against BMW’s decision via BMW’s internal complaint-handling system free of charge. Complaints can be lodged by email to DSA_RentARide@list.bmw.com ] within six months following receipt of the contested decision. BMW personnel may contact the complainant if BMW requires further information to process the complaint. Complaints are processed in a timely, non-discriminatory, diligent and non-arbitrary manner and under the supervision of qualified personnel. BMW will inform the complainant without undue delay of BMW’s reasoned decision in respect of the information to which the complaint relates and of the possibility of out-of-court dispute settlement. The above information does not limit the rights of Users to assert their claims against BMW in court.
12. SPECIAL PROVISIONS FOR CUSTOMERS IN SPECIFIC COUNTRIES
The following special provisions apply to Customers located in one of the countries identified in this Section 12 when entering into the contract with BMW on the basis of these GTC. In case of any conflict between the special provisions in this Section 12 or any other provision in these GTC, the special provisions in this Section 12 shall prevail.
12.1 AUSTRALIA
12.1.1 DATA PROTECTION
For the purposes of Section 5 (Data Protection) of these GTC, applicable data protection law also includes the Privacy Act 1988 (Cth) and the Australian Privacy Principles (found in Schedule 1 to the Privacy Act).
In addition to the matters set out in Section 5 (Data Protection) of these GTC the following applies:
- A Customer’s personal data will be held by BMW AG in Germany and stored in an Amazon Web Services cloud server within the European Union. The personal data of Customers may be shared with, depending on the nature of their engagement with Fuel For Life, Rent A Ride Partners, Fuel For Life Partners and/or Third Party Providers, who may be located anywhere in the world.
- The Fuel For Life Privacy Policy contains information on how Customers may exercise their privacy rights, including their right to request access to and/or the correction of their personal data and make a privacy complaint.
12.1.2 LIABILITY
For Customers in Australia, in addition to the matters set out in Section 7.3 (No Limitation of Liability) of these GTC:
The limitation of liability in Section 7.2 (General Principle) of these GTC is not intended to exclude or limit the availability of the rights and remedies available in the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) when a product or service does not comply with a statutory guarantee.
12.1.3 CHOICE OF LAW
Section 9 (Choice of Law) of these GTC is hereby deleted in its entirety and replaced by the following:
These GTC are governed by and are to be construed in accordance with the laws in force in the State of Victoria, Australia.
12.1.4 JUDICIAL FORUM AND CONSUMER DISPUTE RESOLUTION
Section 11.1 (Judicial Forum) of these GTC is hereby deleted in its entirety and replaced by the following:
Customers irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Victoria, Australia in respect of the resolution of any dispute arising under these GTC.
12.2 CANADA
For residents of Canada, Section 9 (Choice of Law) of these GTC is hereby deleted in its entirety and replaced by the following:
Subject to applicable law (which may include the Province of Quebec), these GTC are governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
LAST REVISED: JANUARY 2024