TERMS & CONDITIONS

The following conditions apply to all requests and bookings of AREA M Experiences (“experiences”) via Time Change GmbH.

Commissioning of Time Change
Time Change has been officially commissioned to handle bookings for AREA M experiences and to charge a 12.5% handling fee for the purchase.

Roles and Definitions
AREA M acts as the organiser and provider of the Experiences and is responsible for the design, implementation, and execution of the driving programs. Time Change GmbH serves as the official booking agency, handling all reservations, payments, and administrative processes on behalf of AREA M. The Client is the purchaser of the Experience, whether an individual, company, or group, who books and pays for the service. The Participant is the individual who actively takes part in the driving part of the Experience. The term Experience refers to the Driving Experience by AREA M, including all related services and activities provided during the event.

Services
These terms & conditions apply for the Experiences. For other services offered by Time Change GmbH our general Terms & Conditions apply. The experiences are offered in German and English depending on the availability as per the booking website: https://aream.bmw-m.com/ba/bmwm/internet/search?lang=EN
Reservations are not possible and are based on first come, first served. Once the payment has been completed Time Change will book the experience according to the online availability. The confirmed date of participation is binding.

Prices
All prices are as quoted. Time Change charges 12.5% handling fee on experience bookings.

Contract Conclusion
By submitting the request, the client waives notification of acceptance (§ 151 BGB). The client’s booking request constitutes a binding offer as per §§ 145-147 BGB. The contract is concluded upon booking confirmation by Time Change. For individual requests the client must register under
https://timechange.etool.biz/experiences/booking.

Payment terms
Payment can be made with a 3,5% processing fee. In order to guarantee the booking the full payment must be made within 48 hours after receipt of link.
For companies, authorities, agencies, groups and similar payment can be made via invoice/bank transfer (bank service fees go at the expense of sender). The payment proof must be sent within the set dates.

Number of Participants
Please remember that the client needs to state the exact number of participants during the booking process. Calculated number of participants is as stated in the booking confirmation. The list of participants or any update on participants needs to be sent at least 16 days prior to the event. The client can access his booking profile at any time online: timechange.etool.biz/experiences/booking.
Please note that the client must inform Time Change of any changes regarding participants. If the client does not inform Time Change, Time Change will not be able to allow participation in the experience for insurance purposes. If fewer participants attend than were registered, no reduction in charges can be made.
Participation in the theory part of the experience is mandatory for participation in the practical part. If essential parts of the theory lessons are missed, further participation in the experience is not possible.
By providing participants' e-mail addresses, the client is giving Time Change permission to contact them should this become necessary.
Participants do not have any claim to single occupancy of the vehicle. This may be optionally booked, depending on availability. In general, vehicles are occupied with 2 participants.
Please make sure the participants arrive for the Experience relaxed and on time. Time Change is not liable for delay of any flight, travel or Visa arrangements. No reimbursement can be made if participants do not arrive on time.

Rules of Behaviour for Participants Regarding Experiences
The participant takes part in experiences and moves onto the area at his or her own risks. As the participants and the instructors will be outside for a large part of the experiences, Time Change advises all participants to wear weatherproof clothing and comfortable shoes. In general, appropriate clothing is required.
The experience is not suitable for people with reduced mobility. The participant must have a physical constitution and mental condition appropriate to the sporting character of the respective components of the experience. Time Change recommends that participants who are in doubt about their physical condition seek prior clarification from a physician.
For safety reasons, it is absolutely essential that participants are proficient in German/English in order to follow instructions and react accordingly in dangerous situations If participants do not meet the language requirements, they must organise a qualified translator at their own expense. Participation in experiences is not possible without this arrangement.
The participant shall comply with appropriate hygiene arrangements applicable for the experiences which the organiser has introduced in relation to the coronavirus pandemic or any other pandemics, epidemics or other pathogens or disease outbreaks. The hygiene arrangements will be appropriately amended to match the individual situation, and the participant will be accordingly informed; the statutory requirements applicable in each case may extend beyond the experience period.
Any participant who infringes the above requirements or who is reasonably suspected to be unfit for driving or of drug or alcohol consumption may be totally or partly expelled from the further participation.
If the participant is excluded from participation in the booked experience, no entitlement to a refund is possible.

Important information for booking Mixed Reality Experience
During the Mixed Reality Experience, the driver wears a so-called virtual reality headset that projects a virtual environment.

• Depending on your personal constitution, this can lead to discomfort, headache, dizziness and nausea. In this case, the ride will be stopped immediately. Please inform the instructor prior to the ride and during the ride immediately, if you do not feel well.
• For people who suffer from epilepsy, it cannot be ruled out that the visual stimuli trigger an epileptic seizure. People who suffer from epilepsy, must inform the instructor of this before starting the ride.
• Wearing the VR headset can result in increased stress on the cervical spine due to dynamic driving.

Participation of Accompanying Persons
Accompanying persons are not allowed to participate in the experience, sit in the participant’s car during the experience or even enter the experience grounds. For some experiences accompanying persons are allowed to remain in the lounge area. These need to be registered and pay a fee (insurance, refreshments) prior to the experience.

Insurance Coverage for Participants and Liability
The participant takes part in experiences and moves onto the area of the Driving Academy as well as any other experience area at his or her own risk.
If the service is a package tour, the organiser’s liability for any damage which does not result from loss of life, bodily injury or impairment of health and which is not brought about culpably, shall be limited to an amount of three times the participation price; such limitation of liability shall only apply to claims regarding compensation for damages. Any other claims based on international agreements or legal regulations issued based on such international agreements shall not be affected.
For other experiences the organiser shall only be liable to the extent that damages of the participant were due to (i) gross negligence or (ii) a breach of material duties such as, for instance, those duties and obligations the booking is deemed to impose upon the organiser according to its spirit and purpose and the very fulfillment of which required for a due performance of the booked services, and upon which the participant regularly relies and may rely; said liability shall be limited to the typical damage as it is foreseeable upon booking the services. The above limitation of liability shall cover all claims for compensation for loss or damage. It shall not apply in cases of willful intent or damage arising from loss of life, injury to the body or the impairment of health of the participant.
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, the provider 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.
The participant shall be liable to the provider for any damage caused by him or her (e.g. damage to vehicles), unless the participant is not responsible for such damage. The liability of the participant towards the provider is limited to € 2,500 (plus 12.5% handling fee), if the participant can prove that he or she is only responsible for a slight negligence.

Travel Policies
Please consider the currently valid passport and visa requirements for the selected experience location (travel information of the German Federal Foreign Office - Federal Foreign Office (auswaertiges-amt.de) )
Participants are strongly advised to obtain additional travel cancellation insurance, combined health, accident and private liability insurance and insurance to cover repatriation costs in the event of an accident or illness. Time Change GmbH itself does not offer such insurance.
The participant shall be responsible for obtaining and bringing all necessary travel documents, for obtaining any necessary vaccinations and for complying with customs and foreign currency regulations. The participant is liable for any damages or costs caused by his or her failure to abide by these rules.

Driving License and Minimum Age Requirements
Only persons who have reached the age of 18 at the time of the experience and are in possession of a valid, unrestricted driving license and for whom there is no driving ban imposed by the authorities are entitled to participate. The participant is obliged to present a valid driver's license before the start of the course. All participants from outside the EU must bring a valid national driving license and an international driving permit (IDP). Details can be found here:
https://bmdv.bund.de/SharedDocs/DE/Anlage/StV/auslaendische-fahrerlaubnisse-merkblatt-ausserhalb-eu-und-ewr-staaten-englisch.pdf?__blob=publicationFile

Force Majeure
Time Change and the organiser shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power, or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, interruption or failure of electricity or telephone service, pandemic, or other causes beyond the reasonable control of the organiser. In such cases, the event may be rescheduled or cancelled without liability.

Limitation of Liability
To the maximum extent permitted by law, the organiser shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) their access to or use of or inability to access or use the service; (b) any conduct or content of any third party on the service; or (c) unauthorized access, use, or alteration of their transmissions or content. In no event shall the total liability of the organiser for all claims related to the service exceed the amount paid by the client for the event.

Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Germany. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany.

Data Protection and Privacy
Time Change is committed to protecting the client’s and the participant’s personal data and ensuring their privacy. All personal data collected will be processed in accordance with the General Data Protection Regulation (GDPR). Their data will be used solely for the purpose of organizing and conducting the event and will not be shared with third parties without their explicit consent. For more details, please refer to our Privacy Policy ( https://time-change.com/en/datenschutz/ ).

Refund and Cancellation Policy
If the client needs to cancel their participation, please notify Time Change in writing to bookings@time-change.com. Cancellations fees will be processed as follows:

For One-Day Experiences:
Cancel 31+ days before the experience: 10% of the participation fee
Cancel between 32 to 20 days before the experience: 25% of the experience participation fee
Cancel between 19 to 13 days before the experience: 30% of the experience participation fee
Cancel 12 days or less before the experience or no-show: 90% of the experience participation fee

For Package Tours:
Cancel 76+ days before the experience: 10% of the participation fee
Cancel between 75 to 46 days before the experience: 20% of the experience participation fee
Cancel between 45 to 26 days before the experience: 30% of the experience participation fee
Cancel between 25 to 13 days before the experience: 50% of the experience participation fee
Cancel 12 days or less before the experience or no-show: 90% of the experience participation fee

The Time Change handling fee 12.5% of the service sum cannot be refunded. For package tours, §§ 651a ff. BGB apply and take precedence.

Distinction between One-Day Experiences and Package Tours
One-Day Experiences are experiences that take place on a single day and last less than 24 hours, do not include an overnight stay, and have a participation price of not more than EUR 500 per participant.
Such experiences do not qualify as package tours within the meaning of §§ 651a et seq. of the German Civil Code (BGB), provided that no additional travel services (such as accommodation or transport) are included.
Ancillary on-site services (e.g. catering during the experience day) do not constitute separate travel services.
Package Tours exist where the booked service comprises at least two different types of travel services for the same trip, or where the statutory requirements for package tours pursuant to §§ 651a et seq. BGB are otherwise fulfilled, and the participation price is more thn EUR 500 per participant.
In such cases, the statutory provisions applicable to package tours apply.
The classification of the booked experience as either a One-Day Experience or a Package Tour is determined by the scope and composition of the services confirmed in the booking confirmation.

Event Cancellation by the Organiser
For the safety of participants, the organizer of the experience reserves the right to postpone the start of the experience, completely cancel or stop and cancel the experience during its course if weather conditions, other imminent dangers (e.g. risk of avalanches) or track conditions do not allow the experience supplier to carry out the experience safely. If preparation of the track is necessary to carry out an experience (e.g. driving on snow or ice), the experience supplier may also cancel the experience if, due to external circumstances (e.g. weather conditions), the track preparation required to carry out the experience cannot be carried out or cannot be carried out in time. If necessary, the cancelling of experiences or postponement of its start can be done at short notice. Time Change will inform participants of a postponement or cancellation without undue delay.
The organiser reserves the right to postpone or completely cancel an experience due to the lack of a sufficient number of participants, i.e. 50% of the tickets offered for the particular experience or such smaller number published by the organiser prior to the conclusion of the booking, no later than 28 days prior to the scheduled start of the event.
In the event of a cancellation, the client may request participation in a different experience of at least an equivalent value, if the organiser is in a position to offer such an experience from its range at no additional cost to the client (replacement course). The client must assert this right to the organiser as soon as he or she is notified by the organiser of the experience cancellation. If the booked experience does not take place and no replacement course is agreed, the full cost of participation including handling fee shall be refunded. Further claims of the client are excluded.
If an experience is canceled during its course, the participation price will (a) not be refunded if the experience could be carried out at least to the extent that the experience purpose could essentially be achieved, (b) otherwise partially refunded insofar as the experience purpose could be achieved at least in part by partially carrying out the experience, and (c) refunded in full in all other cases. If Time Change has incurred expenses for services that the participant has used (e.g. for accommodation, food or transport) until the experience is stopped and cancelled, Time Change is entitled to reimbursement of these expenses and will deduct corresponding amounts from a refund of the participation price. Mandatory statutory rights of participants of a package tour remain unaffected.
Unless explicitly otherwise agreed, the same means of payment used for the original transaction will be used for a full or partial refund of the experience price.

Car Dealer Voucher Redemption Process
- In order to redeem a voucher a handling fee of € 150 per voucher is payable to Time Change. Please note that the standard margin fee of 12.5% does not apply to this process.
- The client submits the voucher code to Time Change along with the details of the desired experience, thereby transferring the rights to redeem the voucher to Time Change.
- Time Change handles the booking of the desired experience.
- Upon payment of the € 150 handling fee within 48 hours plus 3,5% processing fee (total € 155.10), a booking confirmation will be sent to the client.
- In case the client has to cancel the booked experience, neither voucher nor the handling fee can be refunded.

Day trips and package tours
The combination of travel services offered to the client constitutes a day trip which according to the regulations of the German Civil Code (Bürgerliches Gesetzbuch) is deemed to be a package tour pursuant to the Directive (EU) 2015/2302.
The client is therefore entitled to all EU rights that are applicable for package tours. The provider bears full responsibility for proper implementation of the entire package tour.
Furthermore, the provider has the statutory protection for reimbursement of the client’s payments and, if the transport is part of the package tour, to ensure their return journey if the company becomes insolvent.

Most important rights pursuant to the Directive (EU) 2015/2302
• The clients must receive all essential information about the package tour before conclusion of the booking process for the package tour.
• At least one business shall always be liable for the proper provision of all the travel services included in the confirmed offer.
• The clients shall receive an emergency phone number or details of a contact point through which it is possible to contact the tour organiser or the travel agent.
• The clients can transfer the package tour – within a reasonable period of time and under certain circumstances with payment of additional costs –to another person.
• The price of the package tour may only be increased if certain costs (for example fuel prices) increase and if the confirmed offer expressly makes provision for this, and in any case at the latest 20 days before the commencement of the package tour.
If the price increase exceeds 8 % of the price of the package tour, the client can withdraw from the contract. If a tour organiser reserves the right to carry out a price increase, the client has the right to a price reduction if the relevant costs come down.
• The client can withdraw from the confirmed offer without payment of a cancellation fee and receive a full refund of all payments if one of the essential constituent elements of the package tour except if the price is changed substantially. If the business responsible for the package tour cancels the package tour before the commencement of the package tour, the clients have the right to reimbursement of costs and under certain circumstances to compensation.
• If unusual circumstances occur, the clients can withdraw from the confirmed offer before the commencement of the package tour without payment of a cancellation fee, for example if there are serious security problems at the destination, which are likely to impair the package tour.
• Furthermore, the clients can withdraw from the confirmed offer at any time before the commencement of the package tour against payment of a reasonable and proportionate cancellation fee.
• If, after the commencement of the package tour, essential constituent elements of the package tour are not carried out in accordance with the agreement, the client must be offered reasonable other arrangements without incurring additional costs. The clients can withdraw from the confirmed offer without payment of a cancellation fee (in the Federal Republic of Germany this right is known as “cancellation” (“Kündigung”), if services are not delivered in accordance with the confirmed offer and this has a substantial impact on the provision of the contractual package-tour services and the tour organiser fails to remedy the situation.
• The client has the right to a price reduction and/or compensation if the travel services are not provided at all or are not properly provided.
• The tour organiser must provide the client with assistance if the latter is in difficulties.
• If the tour organiser becomes insolvent or – in some member states – the travel agent becomes insolvent, payments are reimbursed. If the insolvency of the tour organiser or, if relevant, the travel agent occurs after the commencement of the package tour and if the transport is part of the package tour, the return of the clients is guaranteed.

These Terms and Conditions – Driving Experiences are to be signed by the participants prior to booking of the experience.

By booking the AREA M Experience through us, you herewith confirm that you have read the terms & conditions and agree with them, also that you have a valid driver’s license according to the conditions mentioned above. You further understand and speak English in order to react quickly to driving instructions.