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 Book My Luxury website, any BML mobile application and application program interface ("Mobile Application"), any BML web application ("Web Application") and any related services, you 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. If you do not agree to these TOS, you are not authorized to use, access or participate in the Services of BML.
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
These terms and conditions apply to the use by users of Book My Luxury GmbH, at Rupindervir Singh, Hofstattstrasse 4a, 4552 Derendingen ("BML"), of services and products sold on the website, mobile application or web application ("Platform") (hereinafter "User").
3. Use of the Platform
The platform is a digital solution for aggregating international vehicle rental companies and individuals to rent or let vehicles with photos and correct information. BML provides the platform so that owners of vehicles can find suitable rental vehicles ("rental property") for prospective renters, and vice versa.
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. 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 revoke the status of a registered user.
A registered user can rent vehicles published on the BML platform ("rental user") as well as rent out 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:
- they deliver all listing data transmitted to BML or partners in the form and quality specified by BML, in accordance with the platform's listing rules;
- all listing data transmitted is true — namely that a lister is legally entitled to rent the rental property as described;
- they are entitled to all listing data made available to BML or partners, directly or via third parties, and may use it within the framework of the contractual agreements with BML;
- the listing data transmitted is complete, true, not misleading or unfair, and kept up to date at all times;
- the products or services offered 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);
- they accept these GTC and comply with them at all times.
BML is authorized at any time, but not obliged, to change or decline to process listing data transmitted by the user for legal or technical reasons.
The user transfers the exclusive right to use the provided listing data to BML. Listing data may not be used, taken over or copied by third parties, with the exception of BML's partners. Even if the user gives a third party consent to such data acquisition, BML is not obliged to grant it.
If BML is sued by a partner or third party in connection with the use of the platform, an agreement with the user, listing data provided by users, or products or services offered, the user is obliged to indemnify BML in full at first request and to hold BML harmless, including the assumption of judicial and extrajudicial costs. The user must also provide all documents BML deems useful to avert the lawsuit and is obliged to join the process at BML's request.
The person registered as a user on the platform is responsible for the proper handling of their user ID and password.
4.2 Rights and Obligations of the Rental User (Vehicle Owner)
The lessor is obliged to ensure the rental property is covered by insurance sufficient for the intended use, including 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 there. The rental property must be privately owned and approved for private passenger or goods transport, must not exceed a net weight of 7.5 tons, and must be roadworthy for the duration of the rental period. Verification of the renter's valid driver's license 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 renter confirms they have their legal residence in Switzerland or the Principality of Liechtenstein. The renter and all additional drivers must be at least 21 years old and hold a valid Swiss driver's license or one from an EU member state. The rental property may only be used within Switzerland or the Principality of Liechtenstein. Unless otherwise agreed, the renter must return the rented vehicle with the same fuel level with which it was received.
5. Liability and Warranty
5.1 The user bears all risks that may arise as a result of manipulation of their IT system, malfunctions of their IT system, and/or misuse of access authorizations.
5.2 The Platform contains information and content from BML and from BML's advertisers and partners. BML endeavours to ensure the accuracy of this information but makes no representations or warranties regarding its truth, correctness, completeness or topicality, and rejects any liability for damage arising from accessing or using it. The user is fully responsible for the products and services they offer via the platform and for the content they transmit to BML. BML does not assume any warranties or guarantees for products, services, or any contracts that may result — such as rental contracts between users.
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 intent or gross negligence. Under no circumstances is BML liable for consequential damage or lost profit. If, despite all due care, BML is unable to meet its contractual obligations due to force majeure — natural phenomena, armed conflicts, strikes, unforeseen official restrictions, or technical faults 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 misuse of the Internet and associated damage to the user by third parties, for security deficiencies and disruptions in third-party telecommunications networks and the Internet, or 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, and is in no way responsible for the conclusion of such contracts or any associated risks.
6.2 The information and content reproduced on the platform does not constitute an invitation to make an offer, an offer, or a recommendation to rent and/or purchase by BML.
6.3 BML is entitled, but not obliged, to monitor the behaviour of users and their content on the platform and to check its 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 those services.
8. Ban on Offsetting
The user is not entitled to offset their claims against claims from BML.
9. Assignment Prohibition
The user may not transfer the contractual relationship with BML to a legal successor without BML's written consent, nor may claims arising from the contractual relationship with BML be assigned to third parties without BML's written consent.
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 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 11 April 1980 (Vienna Sales Convention).