THIS OFFER (the “ Offer ”) is made on ______________________________
Customer: ______________________________
Residing at / Place of business at: ______________________________
Date of birth / Corporate ID: ______________________________
Entry in the Commercial Register: ______________________________
E-mail:
(the “ Offeror ”)
______________________________
HEREBY MAKES THE FOLLOWING OFFER FOR THE CONCLUSION OF AN AGREEMENT TO:
BMW Vertriebs GmbH , having its registered office at Siegfried-Marcus-Strasse 24, 5021, Salzburg, Austria, registered at Landesgericht Salzburg, registration no. FN 63069 z, represented in the Czech Republic by BMW
Vertriebs GmbH – organizační složka Česká republika , having its registered office at Office Park Centrum
Nové Butovice, Burcharova 1423/6, 158 00 Prague 5, Czech Republic, Corporate ID no.: 275 64 720, entered in the Commercial Register maintained by the Municipal Court in Prague, Section A, Insert 54535 (the “ Provider ” or “ MINI ”)
(The Offeror and MINI together referred to as the “ Parties ”)
1 Introductory provision
1.1
The Provider provides information and assistance services connected to a MINI vehicle under the name
MINI Connected (the “ Services ”), which are further specified in the “MINI Connected Services -
Information“ document, which forms a schedule to this Offer and is its integral part;
1.2
The Offeror has ordered from the MINI sales partner _____________ (the “ MINI Sales Partner ”) a new
MINI vehicle with the following specification _____________ with optional equipment enabling the usage of the Services (the “ Vehicle ”);
1.3
The Offeror intends on the basis of this Offer to enter into an agreement on the provision of the Services
(the “ Agreement ” or the “ MINI Connected Agreement ”) with MINI and on the basis of such
Agreement to use the Services provided by MINI in accordance with the documents forming Schedules of this Offer, in particular, in accordance with the General Terms and Conditions and Terms of Use of MINI
Connected Services (the “ Conditions ”).
2 Provision of Services
2.1
The Offeror hereby orders from the Provider the provision of certain Services, the extent of which is specified in the Vehicle order, a copy of which forms a schedule and an integral part of this Offer.
2.2
The Provider is obliged by the acceptance of this Offer to provide the Services listed in the Vehicle order to the Offeror under the conditions stated in this Offer and its schedules, in particular the Conditions.
3 Payment conditions
The Offeror will pay the price for the ordered Services stated in the Vehicle order (the “ Service Price ”), a copy of which forms a schedule and an integral part of this Offer. The Service Price will be paid to the MINI Sales
Partner along with the price of the Vehicle on the basis of an invoice (or any other similar document) produced by the MINI Sales Partner. The invoice must specify the payment conditions, in particular the due date and the method of payment of the Service Price.

4 Acceptance of the Offer
MINI may accept this Offer and the Agreement will be created and enter into effect upon the beginning of the provision of the Services by MINI. This shall occur immediately after the handover of the Vehicle. No written acceptance on the part of BMW is required.
5 Term of the Agreement
5.1
The Agreement shall be concluded for an indefinite period.
5.2
The duration of individual Services may be limited. The duration of the individual Services is determined in the “MINI Connected Services – Information” document.
5.3
The Services are exclusively provided with and bound to the Vehicle specified above. Services provided on the basis of the Agreement are not transferable to another vehicle.
5.4
The Offeror may terminate the Agreement at any time, giving a notice period of six weeks. The termination becomes effective only after the SIM card is deactivated at MINI, an authorised MINI dealer or an authorised MINI workshop, within the meaning of Article 4 of the Conditions
6 Usage and availability of the Services
6.1
The Services shall be provided by means of a SIM card installed in the Vehicle. The Services may therefore be restricted in part by the regional reception and transmission area of the radio transmitters operated by the respective network providers and may also be particularly impacted by atmospheric conditions, topographical conditions, the position of the vehicle and obstructions (e.g. bridges and buildings). Additionally, it is a necessary condition for the provision of the services that the mobile communication network required for the installed SIM card is functioning correctly and ready for operation.
6.2
The services may be disrupted by force majeure, as well as technical and other measures required on
MINI facilities or on those of traffic information suppliers or network operators for the proper operation or improvement of the service (e.g. maintenance, repair, system-related software updates, expansions of the range of Services). Force majeure includes in particular strikes, lock-outs, official orders, war events, riots, extreme weather conditions (including floods) and other events that are not caused and may not be influenced by the Provider. The services may also be disrupted by short-term capacity-related bottlenecks due to peak loads on the services or by failures in the telecommunication systems of third parties. MINI shall make every reasonable effort to eliminate such disturbances immediately or to work towards their elimination.
6.3
The Offeror shall not use the Services for unlawful purposes and shall not allow third parties to do so. The
Offeror shall not forward to third parties or process data or information received using the Services for commercial purposes.
7 Sale or permanent transfer of the Vehicle
7.1
In the event of a sale or permanent transfer of the vehicle to a third party, the Offeror shall assign the
MINI Connected Agreement to such third party together with the transfer of the vehicle. MINI expressly agrees with such an assignment of the Agreement to such third party. The assignment shall only be valid under the condition that such third party consents with the current version of the General Terms and
Conditions of Service for ConnectedDrive.
7.2
The assignment of the Agreement is effective against MINI by its notification, which must include the consent of the third party with the current version of the General Terms and Conditions of Service for
ConnectedDrive. Such notification may be made in writing at MINI, an authorised MINI dealer or an authorised MINI workshop.

7.3
When selling or permanently transferring the vehicle to a third party, the Offeror undertakes to inform such third party about the Services that are activated in the vehicle and to ensure that the Agreement will be effectively assigned to such third party.
7.4
In the event of a sale or permanent transfer of the Vehicle to a third party, the Offeror shall ensure that all the data that were stored in the vehicle in connection with the use of the Services is deleted.
7.5
In the event that the Agreement was not validly assigned together with the vehicle, MINI shall keep providing Services to the Offeror and no rights of a third party may arise from the usage of the Services, which would not arise to the Offeror.
8 Liability
8.1
MINI shall not be liable for damages to the extent that these are based on the fact that the Offeror is using a device that has not been approved by MINI for use of the Services according to the installation contained in the Service description available at the MINI website listed in the Conditions.
8.2
MINI shall not be the content provider and therefore shall assume no liability for the accuracy and topicality of the data and information transmitted via the services. This shall also apply for the consequences of disturbances, interruptions and functional impairments of the service, particularly in the cases described in 2.4 and 2.5 of the Conditions.
8.3
The liability of MINI for harm created by negligence or without fault of MINI by a breach of contractual obligations shall be limited to the amount of the Service Price. Any liability for indirect, unforeseeable or economic harm, as well as compensation for loss of profit, loss of goodwill or immaterial harm is hereby explicitly excluded. The limitation of liability does not apply in cases of harm caused intentionally, by gross negligence or in case of harm to health.
9 Final provisions
9.1
This Offer may be revoked up to the moment when the Offeror can no longer deselect the optional equipment ordered for the Vehicle enabling the usage of the Services.
9.2
A copy of the Vehicle order, the “General Terms and Conditions and Terms of Use of MINI Connected
Services” and the “MINI Connected Services – Information“ documents, which form the schedules to this
Offer are its integral part and shall constitute an integral part of the Agreement in the event of the acceptance of this Offer.
9.3
The Provider is entitled to propose in a reasonable extent an amendment to the Agreement, the Conditions and the “MINI Connected Services – Information“ document. The amendment shall be delivered to the
Offeror’s postal address given in the agreement or the e-mail address provided during the conclusion of the Agreement. The Offeror is entitled to terminate the Agreement within 14 days from the delivery of the amended wording of the Agreement, the Conditions or the “MINI Connected Services – Information“ document. If the Offeror does not exercise the right to terminate the Agreement within the above specified time-limit, the amendment shall be deemed enforceable. Termination must be provided with 6 weeks’ notice.
9.4
Should a separable provision of this Offer or the Agreement be or become invalid or unenforceable, this fact shall have no effect on the validity of the remaining provisions of this Offer or the Agreement.
Should a separable provision of this Offer or the Agreement be or become invalid or unenforceable, the
Parties shall enter into, within 15 days of either Party’s request, an amendment to the Agreement replacing such invalid or unenforceable separable provision of the Agreement with a valid and enforceable provision corresponding to the purpose of the replaced provision.
9.5
The set-off of claims arising under the Agreement is prohibited.

9.6
The application of Sections 557, 558(2), 1799 and 1800 of Act no. 89/2012 Coll., the Civil Code (the
“NCC”) is hereby explicitly excluded.
9.7
The Offeror hereby explicitly requests that the Provider starts the provision of the Services prior to the expiration of the period for withdrawal from the Agreement as set out in Article 7 of the Conditions.
9.8
The rights of consumers are in no way affected by any provisions of this Offer, in particular Articles 6 and
7 hereof.
9.9
This Offer contains the complete will of the Offeror regarding all provisions concerning the subject matter of the Agreement and concerning all aspects that the Offeror should have agreed upon and wanted to agree upon in the Agreement and the fulfilment of which he deems to be important for the binding effect of the Agreement. No action on the part of either Party undertaken during the negotiation of the
Agreement, nor any action undertaken after the conclusion of the Agreement, shall be interpreted as being contrary to the express provisions of this Offer or the Agreement, nor shall such action create any obligations on the part of any Party; in particular, no future agreements may be agreed upon without a written offer of the Offerer.
This Offer has been made in ____________ on ____________.
Offeror
Signature: ___________________
Name: ___________________
Position: ___________________


Schedules

Copy of the Vehicle order produced by the MINI Sales Partner
General Terms and Conditions and Terms of Use of MINI Connected Services
MINI Connected Services – Information