Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80788 Munich, Germany, registered office and court of registration: München HRB 42243 (henceforth “BMW AG” or “BMW”) operates an internet platform found at rentaride.bmw-motorrad.com called “Rent A Ride” (henceforth “Rent A Ride”). Via Rent A Ride, participating providers (henceforth “Rent A Ride partners”) can offer various experiences from the “Rental” and “Routes” categories to private individuals and legal entities (each referred to henceforth as “customers”). Through Rent A Ride, customers can search for the rental options offered by Rent A Ride partners and select the option that best meets their individual needs.

Rent A Ride is available to the Customer subject to these Rent A Ride General Terms and Conditions (hereinafter “GTC”). The current version of these GTC can be viewed, saved and printed on the website rentaride.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)

In the “Rental” category, customers can book vehicles directly on the Rent A Ride platform. BMW acts as an intermediary in the process of establishing contracts between the customer and the relevant rental provider. Henceforth, Rent A Ride partners who offer rental options will also be referred to as “Rent A Ride partners”. BMW is not responsible for the provision of services by the Rent A Ride partners (see section 2 of these Terms and Conditions).

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.

2.1 BMW acts as broker of Rental Experiences

On Rent A Ride, 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 Rent A Ride (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 Rent A Ride. 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 Rent A Ride online platform and to rent Rental Items from a Rent A Ride Partner. Customers search the Rent A Ride online platform for desired products.

Search results displayed on the Rent A Ride 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 Rent A Ride 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 Rent A Ride online platform are based on information that has been uploaded by Rent A Ride Partners to a dedicated Rent A Ride system and that has been approved by Rent A Ride Partners for publication.

Information displayed on Rent A Ride, 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 Rent A Ride 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 Rent A Ride 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 Rent A Ride online platform will delete the booking.

If the Email Confirmation by the Customer is made in time, Rent A Ride 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, Rent A Ride 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 Rent A Ride 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), Rent A Ride 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), Rent A Ride 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 Rent A Ride 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. Rent A Ride 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 Rent A Ride 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 Rent A Ride. 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.

3.1 Rental offers

The information displayed on the Rent A Ride internet platform regarding the rental offers (Section 2.1 of these Terms and Conditions), including the respective prices, reflects the information applicable to the respective Rent A Ride partner. BMW has no influence on this information and is therefore not responsible for its accuracy. Excluded from this is the general information on the vehicle models, the selection criteria for the search function, the forms for entering personal data and the vehicle descriptions for the individual models.

3.2 RANKING OF RENTAL OFFERS ON RENT A RIDE

The results of the Customer’s search for Rental Offers will be displayed on the Rent A Ride 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.

3.3 RANKING OF BOOKING OFFERS ON RENT A RIDE

Rent A Ride 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 Rent A Ride as follows:

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

The Rent A Ride website offers a selection of routes for motorcyclists in the “Routes” category. These routes are designed to offer an unforgettable riding experience in various regions. We advise careful planning of the routes prior to any trips, and urge users to take all relevant safety precautions. Users may follow the routes at their own risk.

Under the “Destinations” category, users can find a selection of attractive travel destinations that can be of particular interest to motorcyclists. Each destination offers unique experiences and attractions. We advise users to research the destinations in advance and to plan the trip accordingly. The responsibility for the trip and for compliance with all relevant regulations lies with the user.

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 Rent A Ride 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 Rent A Ride Privacy Policy can be accessed by the Customer via the corresponding link on the Rent A Ride online platform under https://www.rentaride.bmw-motorrad.com/en/public-pool/content-pool/privacy.html. The Rent A Ride 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.

The servers of BMW AG are protected by state-of-the-art technology, including, without limitation, firewalls; the Rent A Ride 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 Rent A Ride online platform cannot be guaranteed.

8.1 NO LIABILITY FOR RENT A RIDE PARTNERS

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

8.2 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 8.3 of these GTC.

For Customers who act as consumers when entering into these GTC the limitation of liability under this Section 8.2 applies only to the extent permitted under applicable local law.

8.3 NO LIMITATION OF LIABILITY

The limitation of liability in Section 8.2 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.

8.4 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.

8.5 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.

8.6 HYPERLINKS

The Rent A Ride websites may contain hyperlinks to other websites that enable Customers to leave the Rent A Ride 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.

The customer can contact Rent A Ride customer service at rentaride.bmw-motorrad.com with any questions.

Contact details, including but not limited to phone number and hours of availability of the Rent A Ride customer service are available at rentaride.bmw-motorrad.com.

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.

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 Rent A Ride when making the reservation or submitting the Contact Request. Rent A Ride and these GTC are available in the following language versions: German, English, French, Greek, Dutch, Italian, Japanese, Norwegian, Polish, Serbian, Slovakian, Spanish, Czech, and Portuguese. These languages are available for the conclusion of the contract between the Customer and BMW on the basis of these GTC.

12.1 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.

12.2 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/).

12.3 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 RENT A RIDE, 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 Rent A Ride, including without limitation Rent A Ride Partners who are able to upload information on Rental Offers to the Rent A Ride platform, (hereinafter “Users”) if BMW believes that Users have violated the law or the contracts between Users and BMW which regulate the use of Rent A Ride 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 Rent A Ride. 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.

12.3.1 INFORMATION ON CONTENT MODERATION

BMW can make certain restrictive decisions in relation to the website content or accounts of Rent A Ride users, who can upload information about rental offers on the Rent A Ride platform (henceforth “users”) if BMW is of the view that a user has violated the law or the terms of the contract between the user and BMW that defines how a user can use the Rent A Ride platform (henceforth “contract 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 the Services to Users in whole or in part, (iii) suspend or close the User Account, (iv) restrict monetisation opportunities for User Content and/or (v) if BMW is unable to identify (track) a Rent A Ride Partner as required by the DSA, deny such Rent A Ride Partner access to Rent A Ride. BMW may also decide not to act on a report submitted by users (such as customers) for potentially illegal content or content that violates our Terms.

12.3.2 INFORMATION ON INTERNAL COMPLAINT-HANDLING SYSTEM

If a User disagrees with a decision within the meaning of Section 12.3.1 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.