TERMS OF SERVICE
Version 2.1., November 2022
Book My Luxury Ltd
1. preamble
Please read these General Terms and Conditions (“GTC”) carefully as they contain important information about your rights and obligations. By accessing or using the website https:// XXX (“Website”), any BML mobile application and application program interface (“Mobile Application”), any BML web application (“Web Application”) and any related services, you agree agree to these terms and conditions and are bound by them.
BML may change these Terms and Conditions from time to time. Changes will be effective when BML posts the updated Terms of Use here and the version date above is updated accordingly. Your continued access to or use of BML's services and products after such posting constitutes your acceptance of the updated TOS. Any changes to these Terms of Service will be effective upon your first access or use of the BML Services after the changes are posted. If you do not agree to these TOS, you are not authorized to use, access or participate in the Services of BML (or continue to use, access or participate in them).
The collection and use of personal data in connection with your access and use of the platform are described in our privacy policy.
2. scope
The terms and conditions apply to the use by users of Book My Luxury GmbH at Rupindervir Singh, Hofstattstrasse 4a, 4552 Derendingen («BML») operated services and products sold on the website or the mobile application or the web application («Platform») (hereinafter «User»).
3. use of the platform
The platform is a digital solution for aggregating all international vehicle rental companies and individuals to rent or rent vehicles with photos and correct information. For this purpose, BML provides the platform so that owners of vehicles can find suitable rental vehicles ("rental property") for prospective renters for their vehicles and prospective renters.
The use of the BML platform requires that you are a registered user of the platform. Only persons who are at least 18 years old can register on the platform. BML reserves the right to restrict registration to certain countries and to reject a registration application from a user or subsequently restrict access to the platform or subsequently revoke the status as a registered user.
A registered user can rent vehicles published on the BML platform (“ rental user ”) as well as rent their own vehicles to other registered users (“ rental user ”).
4. User Obligations
4.1 General
The user undertakes to use the platform and the services of partners integrated therein in accordance with the law and the contract. The user warrants that
• he delivers all insertion data transmitted to BML or partners in the form and quality specified by BML in accordance with the insertion rules of the platform,
• all advertisement data transmitted to BML or partners is true, namely a landlord is legally entitled to rent the rental property according to the advertisement data,
• he is entitled to all insertion data made available to BML or partners directly or indirectly via third parties and may use them within the framework of the contractual agreements with BML,
• the insertion data transmitted to BML or partners is complete and true, is not misleading or unfair and is kept up to date by them at all times.
• the products or services offered by him are described correctly and truthfully, have the properties described and do not violate applicable laws or the rights of third parties (in particular intellectual property rights and personal rights),
• he accepts these GTC and complies with them at all times.
BML is authorized at any time, but not obliged, to change or not to process the insertion data transmitted by the user for legal or technical reasons.
The user transfers the exclusive right to use the provided insertion data to BML. The insertion data may not be used, taken over or copied by third parties, with the exception of partners of BML. The user is not entitled to third parties being able to obtain the insertion data provided by him for the purpose of publication on their application. Even if the user gives the third party consent to such a data acquisition, BML is not obliged to grant the data acquisition.
If BML is sued by a partner or third party in connection with the use of the platform, an agreement with the user, insertion data provided by users or products or services offered, the user is obliged to sue BML in full at first request - and to hold them harmless, including the assumption of the judicial and extrajudicial costs of BML. At the request of BML, the user must also provide all documents that BML deems useful to avert the lawsuit and is obliged to join the process.
The person who has registered as a user on the platform is responsible for the proper handling of the user ID and password.
4.2 Rights and obligations of the rental user
The lessor is obliged to ensure that the rental property is covered by insurance that is sufficient for the intended use and that it has liability insurance (fully comprehensive).
The rental property must be registered in Switzerland or the Principality of Liechtenstein and the rental user must have a legal residence in Switzerland or the Principality of Liechtenstein.
The rental property must be privately owned and approved for private passenger transport or private goods transport.
The net weight of the rental object must not exceed 7.5 tons.
The rental property must be roadworthy for the duration of the rental period.
The verification of the valid driver's license of the rental user is the responsibility of the rental user .
4.3 Rights and obligations of the renter
The rental property may not be used for business purposes.
The rental user confirms that he has his legal residence in Switzerland or in the Principality of Liechtenstein.
The rental user and all his additional drivers are at least 21 years old and have a valid Swiss driver's license or a driver's license from a member state of the European Union.
The rental property may only be used in Switzerland or the Principality of Liechtenstein.
Unless otherwise agreed, the renter must return the rented object with the same amount of fuel (level) with which he received it.
5. Liability and warranty
5.1 The user bears all risks that may arise as a result of manipulation of his IT system, as a result of malfunctions on the part of the IT system and/or as a result of misuse of access authorizations.
5.2 The Platform contains information and content from BML and from BML's advertisers and partners. BML endeavors to ensure the accuracy of this information and content, but expressly makes no representations or warranties in this regard. This applies in particular to the truth, correctness, completeness and topicality of the information and content. BML also rejects any liability for damage that may arise from the retrieval, access, use or use of this information and content. Accessing and using such information and content is entirely at the risk of the user. The user is fully responsible for the products and services he offers via the platform and for the content he transmits to BML (especially for the insertion data). BML rejects any liability for the content of the user. In particular, BML does not assume any warranties or guarantees for the products and services offered by the user via the platform or for any contracts that may result from this, such as rental contracts among users, purchase contracts among users or contracts with users and third parties.
5.3 BML does not review the content of websites linked to the Platform and is not responsible for the content of such linked websites.
5.4 BML is only liable in the event of its own intention or gross negligence. Under no circumstances is BML liable for consequential damage and lost profit. If, despite all due care, BML is unable to meet its contractual obligations due to force majeure such as natural phenomena, armed conflicts, strikes, unforeseen official restrictions and technical faults that are attributable to third parties, the user is not entitled to performance of the contract for the duration of the event .
5.5 BML is not liable for the misuse of the Internet and the associated damage to the user by third parties, for security deficiencies and disruptions in the telecommunications networks of third parties and the Internet, as well as for service interruptions and disruptions to the platform and third-party offers.
6. Legal Status of BML
6.1 BML is not a party to contracts between users or between users and other third parties regarding products and services offered by users via the platform. BML is in no way responsible for the conclusion of the contract and any associated risks.
6.2 The information and content reproduced on the platform does not justify an invitation to make an offer or an offer or a recommendation to rent and/or purchase by BML.
6.3 BML is entitled, but not obliged, to monitor the behavior of users and their content on the platform and to check their admissibility.
7. Use of BML partner services
Whenever using services from BML partners that are integrated on the platform, the user accepts the relevant terms of use for these services.
8. ban on offsetting
The user is not entitled to offset his claims against claims from BML.
9. assignment prohibition
The user may not transfer the contractual relationship with BML to a legal successor without the written consent of BML, nor may claims arising from the contractual relationship with BLM be assigned to third parties without the written consent of BML.
10. Severability Clause
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the ineffective or void provision is to be replaced by a new, legally permissible provision that comes as close as possible to the ineffective or void provision in terms of its economic meaning and effect. The same procedure applies if a gap in the contract becomes apparent.
11. Jurisdiction and Applicable Law
11.1 Place of jurisdiction is the seat of Book My Luxury GmbH in Derendingen, Switzerland. However, BML has the right to appeal to the competent court at the user's registered office.
11.2 All legal relationships between BML and the user are exclusively subject to Swiss substantive law, excluding the Federal Act on International Private Law and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention).
