1. Conclusion of the Participation Contract
Any application shall be binding within the framework of the statutory provisions (Sections 145 - 147 of the German Civil Code). The contract of participation is not valid until acceptance of applicant’s application by BMW M. Applicant hereby waives the need to be notified of acceptance according to Section 151 of the German Civil Code. BMW M will without undue delay send a confirmation letter or information about a refusal to the address of the applicant stated in the application.
2. Due Date of the Participation Prices
The participation price is due and payable in full immediately upon conclusion of the participation contract.
3. Participation in the Training
3.1 The confirmed participation date shall be binding. If the applicant is prevented from participating for compelling reasons and requests another date by stating these reasons and BMW M fixes another available date, BMW M shall charge a transfer fee equivalent to the cancellation fee according to clause 8 below. Training courses with a duration of more than 1 day shall not be eligible for a change of date.
3.2 The applicant shall be entitled to request that a third person to be indicated by name be permitted to participate in the training in place of the applicant or in place of the person mentioned in the application form, unless such a third party fails to fulfil the participation conditions set forth in clause 3.3 below. In the event that the applicant names a third party, BMW M may charge the applicant the additional costs, if any, arising due to the participation of a third party.
3.3 Only persons who, at the time of the training course, are at least 18 of age and hold a valid driving licence and who are not subject to a driving ban imposed by competent authorities. Accompanied driving (Begleitetes Fahren) at an age of seventeen according to Section 48a of the German Driving Licence Decree (Fahrerlaubnis- Verordnung) is only permitted for BMW Safety Trainings and under the further requirements of the German Driving Licence Decree.
The participant shall present his or her valid driving licence prior to the start of the training course. If the participant fails to present a valid driving licence, he or she shall not be entitled to participate in the training course.
3.4 The participation price is payable irrespectively of a participation in the booked training. This applies in particular if a participation is excluded according to clause 3.3 above. Clause 8 shall not be affected by this clause.
4. Vehicles, Catering and Accommodation
The service rendered by BMW M shall include the provision of theoretical and practical training by using vehicles provided by BMW M, as well as board and lodging for the participants, depending on the course (in the case of events lasting for several days only).
5. Insurance Coverage for Participants
In order to cover the accident risks existing within the framework of the training, BMW M shall take out accident insurance for the participant with the following coverage:
− Death € 100,000
− Disability € 200,000
− Medical expense subsidy € 2,500
The costs for the accident insurance shall be included in the participation price. As a condition precedent for the conclusion of the abovementioned accident insurance, the registration application(s) together with all relevant personal data must have been received by BMW M no later than two working days prior to the scheduled start of the training course. Participants registered at a later time shall not be covered by said insurance. No insurance coverage is provided for participants for which coverage is prohibited under the terms of the Council Regulation (EU) No 961/2010.
6.1 The participant takes part in training at his or her own risk. For training courses including accommodation BMW M’s liability shall limited to three times the participation price in cases of simple negligence or to the extent the damage was caused merely due to the fault of a service provider of BMW M. For other training courses BMW M shall only be liable to the extent that damages of the participant were due to gross negligence by BMW M, its legal representatives, agents or subcontractors or in case of infringements of material contractual duties such as, for instance, those duties and obligations the contract is deemed to impose upon BMW M according to its spirit and purpose and the very performance of which is deemed to be necessary for a due and careful fulfilment of the contract and which may with good reason permanently be relied on by the participants; said liability shall be limited to the typical damage as it is foreseeable upon execution of the contract.
The limitation of liability stipulated herein above shall not apply in cases of intentional behavior and to damages to the life, body or health of a participant.
6.2 As far as damages are covered by insurance (except for insurances of fixed sums) that was concluded by the participant with respect to the relevant damage case, BMW M shall only be liable for disadvantages, if any, connected therewith for the participant such as, for instance, higher insurance premiums or disadvantages in terms of interest payments until settlement by the insurance company.
7. Rules of Behavior for Participants
During training, the participant shall be obliged to behave with utmost discipline.
Throughout the entire duration of the training course, the persons authorized by BMW M shall be entitled to give instructions to the participant. For reasons of safety, all participants shall, throughout the entire training course, be prohibited from overtaking others and this shall also apply when driving in sectors belonging to the public road traffic. Exceptions to this prohibition shall be subject to explicit instructions to be given by the responsible instructor of BMW M.
Throughout the entire active driving part of the training course, an absolute alcohol ban shall apply (blood alcohol limit: 0.0). BMW M shall be entitled to exclude any participant totally or partly from further participation if there is a reasonable suspicion of alcohol consumption.
In the event of infringements of these regulations, BMW M shall be entitled to exclude the participant from further participation. Participation fees already received will not be reimbursed by BMW M in these cases.
8. Withdrawal by the Applicant (Cancellation)
8.1 The applicant shall be entitled to withdraw from the contract at any time. Instead of the participation price, the following cancellation fees shall be charged if an applicant cancels the contract:
In the case of one-day training courses without accommodation:
− from the booking of the training course until no later than the 29th day prior to the start of the training course: 10 % of the participation price but no less than €25.00;
− from the 28th until the 15th day prior to the start of the training course: 30 % of the participation price;
− from the 14th until the 8th day prior to the start of the training course: 50 % of the participation price;
− from the 7th days prior to the start of the training course or in case of nonattendance without prior notice: 100 % of the participation price.
For all other training courses:
− from the booking of the training course until no later than the 85th day prior to the start of the training course: 10 % of the participation price;
− from the 84th until the 57th day prior to the start of the training course: 40 % of the participation price;
− from the 56th until the 36th day prior to the start of the training course: 60 % of the participation price;
− from the 35th until the 11th day prior to the start of the training course: 85 % of the participation price;
− from the 10th days prior to the start of the training course or in case of nonattendance without prior notice: 100 % of the participation price.
8.2 The applicant shall, however, be entitled to give evidence that BMW M did not suffer any damage at all or that the damage incurred is less than the cancellation fee charged.
8.3 Cancellations must be made in writing in order to be effective. The time limits set forth above refer to the receipt of the written statement of cancellation by
BMW M. BMW M shall be entitled to offset the cancellation fee against participation payments already made by the applicant. Otherwise, payments of the participation price shall be reimbursed to the participant.
9. Postponing and Cancellation by BMW M
BMW M reserves the right to postpone or completely cancel a training course for due to lack of a sufficient number of participants, i.e. 50 % of the of tickets offered for the particular training or such smaller number published by BMW M prior to the conclusion of the contract, no later than 4 weeks prior to the scheduled start of the event. In such a case, the participation price shall be reimbursed completely. Further claims of the applicant and/or participant shall, however, be excluded.
10. Applicable law and jurisdiction
The exclusive place of jurisdiction for any present and future claims arising from the business relationship with traders and business people, inclusive of bill of exchange and cheque claims, shall be Munich. Said place of jurisdiction shall also apply in the event that the applicant is not subject to general jurisdiction in the
domestic country or, after conclusion of the contract, transfers his or her place of domicile or habitual residence to a foreign country or if his or her place of domicile or usual residence is unknown at the time of the filing of an action.
The applicable law for any disputes arising from or in connection with the participation contract shall exclusively be the law of the Federal Republic of Germany.
11. Data protection
The confidentiality and integrity of your personal data is of particular concern to us. Your personal data is used in strict accordance with German data protection laws and will not be transferred to any third parties without your consent. The BMW M GmbH collects, processes and uses your indicated personal data only for the purpose of processing your application for
the BMW Driving Experience (e.g. necessary enquiries or document distribution).
Information in accordance with the Dienstleistungs-Informationspflichten- Verordnung (DL-InfoV, act on the obligation of service providers to provide information).
The regulations on applicable law and the court of jurisdiction provided in these Conditions of Participation (clause 11) are expressly indicated. Otherwise you can find the information required by the Dienstleistungs-Informationspflichten- Verordnung (DL-InfoV, act on the obligation of service providers to provide information) on our website www.bmw-drivingexperience.com under “Rechtliche Hinweise”. Each participant is responsible for the compliance with passport and visa requirements and health formalities required for the journey to the place of training. All disadvantages, which might go along with the noncompliance of these requirements, go at the expense of the participant.
Last revised: October 2011