BMW Motorrad Experiences is only an intermediary service within the meaning of Art. 3 lit. g) DSA and an online platform within the meaning of Art. 3 lit. i) DSA in relation to the “experience” offers available there. Only insofar as BMW AG (“BMW,” “we,” “us,” “our”) offers “experience” offers on this website for users with a place of business or registered office in the European Union or the European Economic Area does the following information apply to them:

1) Contact point for communication in connection with the DSA (Art. 11 and 12 DSA)

Our central contact point for the authorities of the Member States, the Commission and the body referred to in Art. 61 DSA (Art. 11 (1) DSA), as well as for users of our services (Art. 12 (1) DSA), is:

E-mail: DSA_@bmw-motorrad.com

You may communicate with us in German or English.

In addition, you may also contact us by phone at: +49 89 1250 16200 (Germany) / +43 (0) 800 21 55 55 (Austria)

2) Transparency reports (Art. 15 DSA)

Pursuant to Art. 15 (1) DSA, we are required to publish annual transparency reports on content moderation activities carried out by us. Such a report will be published here in due course.

3) Notice-and-action mechanism (Art. 16 DSA)

In accordance with Art. 16 DSA, individuals and organizations have the option of reporting information about content on the BMW website https://www.bmw-motorrad.com/en/experience-overview.html that they consider to be illegal. You can do this by sending an email to DSA_@bmw-motorrad.com. If you wish to submit such a report, please include the following information in your report:

a) a sufficiently detailed explanation of why you consider the information in question to be illegal content;

b) a clear indication of the exact electronic location of the information, such as the precise URL(s), or, where necessary, further information relevant to the nature of the content and the specific type of service in order to identify the illegal content;

c) Your name and email address (unless the information relates to a crime involving sexual abuse, sexual exploitation, child pornography, contacting children for sexual purposes, or incitement, aiding, or attempting to commit such crimes). In these or other cases where you wish to make a report without identifying yourself, you can contact the following hotline: +49 89 1250 16200 (Germany) / +43(0) 800 21 55 55 (Austria)

d) a statement that you believe in good faith that the information and statements contained in your report are accurate and complete.
We will process all reports promptly, carefully, impartially, and objectively; we will inform the reporting person or organization of our decision without delay and advise them of any possible legal remedies.

4) Information on restrictions relating to user content (Art. 14 (1) sentence 3 DSA), our internal complaint management system (Art. 20 DSA), and out-of-court dispute resolution options (Art. 21 DSA)

Insofar as the following information relates to our internal complaint management system (Art. 20 DSA) and out-of-court dispute resolution options (Art. 21 DSA), it applies exclusively to users of BMW services that are “online platforms” within the meaning of the DSA. In this case, these are the experience offers on the BMW website https://www.bmw-motorrad.com/en/experience-overview.html.

We may make certain restrictive decisions regarding the content or accounts of users of our intermediary services (including reporting persons and entities) within the meaning of the DSA if we believe that users have violated the law or our general terms and conditions for the respective intermediary service (hereinafter: “Terms”). For example, we may decide to (i) restrict or block the visibility of user content, (ii) suspend or terminate the provision of our services to users in whole or in part, (iii) suspend or close the user account, (iv) restrict monetization opportunities for user content, or (v) deny businesses the use of their online marketplaces if we are unable to identify (track) these businesses as required by the DSA. We may also decide not to take action on a report submitted by users regarding content that is potentially illegal or violates our Terms.

• Internal complaint management system:
  If users disagree with such a decision, they can lodge a complaint against BMW's decision free of charge via our internal complaint management system. Complaints can be submitted by email to DSA_@bmw-motorrad.com within six months of receiving the contested decision. If we require further information to process the complaint, our staff may contact the complainant. Complaints are processed promptly, without discrimination, carefully, and free of arbitrariness under the supervision of qualified personnel. Once we have made a decision, it will be communicated to the complainant without delay.
• Out-of-court dispute resolution before authorized out-of-court dispute resolution bodies:
  To settle disputes relating to decisions made within the framework of our internal complaint management system, there is, among other things, the option of out-of-court dispute resolution before a so-called approved out-of-court dispute resolution body within the meaning of Art. 21 DSA. Approved out-of-court dispute resolution bodies are impartial and independent bodies expressly approved by the EU member states which, due to their capacities and expertise, are able to examine the disputes submitted to them. BMW will cooperate with the out-of-court dispute resolution body within the framework of the legal requirements. However, BMW is not bound by the decisions of the out-of-court dispute resolution body.
  
  Further details on any out-of-court dispute resolution will be communicated to users together with any decisions that are subject to appeal, if applicable.
  
  The above information does not limit the rights of users to assert their claims against BMW in court.

5) Measures and protection against misuse (Art. 23 DSA)

We suspend the provision of our services to users who frequently provide obviously illegal content for a reasonable period of time after issuing a prior warning. Furthermore, we will suspend the processing of reports and complaints received through the reporting and redress procedures or internal complaint management systems from persons or entities or complainants who frequently submit obviously unfounded reports or complaints for a reasonable period of time after prior warning.  When deciding on the suspension, we will assess on a case-by-case basis, in a timely, careful, and objective manner, whether the user, person, entity, or complainant is involved in abusive use, taking into account all relevant facts and circumstances apparent from the information available to us. Such circumstances that we consider in assessing whether abuse has occurred and what duration of suspension, if any, is appropriate include, at a minimum:

a) the absolute number of clearly illegal items provided within a given period;

b) their relative proportion of the total number of items provided within a given period or reports made within a given period;

c) the seriousness of the cases of misuse, including the nature of the illegal content and its consequences;

d) the intentions of the user, person, entity, or complainant, insofar as these intentions can be determined.

6) Display order of offers (Art. 27 DSA)

https://www.bmw-motorrad.com/en/experience-overview.html provides a search mask that allows customers to search for “experience” offers based on the following selection criteria: a) selection of a category of experiences, b) specification of a specific period, c) selection of a country, d) selection of a currency and price range, and e) selection of a language.

The search results are displayed to the customer on https://www.bmw-motorrad.com/en/experience-overview.html as follows:
The order of the experience offers is determined by the administrator in the development environment of the back end of https://www.bmw-motorrad.com/en/experience-overview.html. This order is also displayed to the customer in the front end of https://www.bmw-motorrad.com/de/experience-overview.html. Experience providers do not have the option of influencing the display order of the offers by paying a fee.