BMW SA Excellence Club Concierge Service Terms and Conditions

The BMW SA Excellence Club Concierge Service provides eligible BMW SA customers with a team of Lifestyle Manager on call, for information and assistance in organizing personal and professional life. The service can provide, upon BMW SA customer request, to booking of trips, restaurants, nightclubs, tickets for events, leisure activities and much more.

To access the Service, eligible BMW SA customers can call and talk to a Lifestyle Manager. To register for the service, BMW SA customers must provide the first digits of their eligible card, their name and surname and their contact details. Once registered for the service, BMW SA customers can freely access the service, by phone or by sending an email. Requests by email can only be served if BMW SA customer has previously completed the registration.

1. PROGRAM TERMS AND CONDITIONS

1.1. These Conditions apply to all services ordered from or provided to you by Quintessentially SA and members of Quintessentially (UK) Limited corporate group and by requesting services from Quintessentially SA and members of Quintessentially (UK) Limited corporate group you agree that these conditions shall apply to those services and your order

2. DEFINITIONS AND INTERPRETATION

2.1. In these Conditions, the following definitions apply:

2.1.1. Benefits: means the benefits made available to Members by Suppliers.

2.1.2. Conditions: these terms and conditions as amended from time to time in accordance with clause 9.5.

2.1.3. Member: a person registered as a member of the Program.

2.1.4. Membership: means membership of the Program.

2.1.5. Membership Club: means the Quintessentially SA and members of Quintessentially (UK) Limited corporate group.

2.1.6. Request: means a request placed by a member with Quintessentially SA and members of Quintessentially (UK) Limited corporate group to arrange the supply of goods and/or services from a third party on the member's behalf.

2.1.7. Services: means the concierge and lifestyle management services provided by Quintessentially SA and members of Quintessentially (UK) Limited corporate group to its members as part of their membership.

2.1.8. Supplier: means a supplier engaged by Quintessentially SA and members of Quintessentially (UK) Limited on behalf of and as agent for a member to provide goods and/or services to that member.

2.2. In these Conditions, the following rules apply:

2.2.1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);

2.2.2. A reference to a party includes its personal representatives, successors or permitted assigns;

2.2.3. A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

2.2.4. Any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

2.2.5. A reference to writing or written includes e-mails.

3. MEMBERSHIP APPLICATIONS

3.1. You are obliged to provide correct personal details when you apply for membership. Failure to do so may invalidate your membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify Quintessentially SA and members of Quintessentially (UK) Limited promptly in the event that any information provided by you in connection with your membership changes.

3.2. Your membership is personal to you. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses your membership.

3.3. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the Quintessentially SA and members of Quintessentially (UK) Limited corporate group privacy policy, further details of which are set out in Clause 10.1. Please note that all information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Transport Layer Security technology.

4. SUPPLY OF SERVICES

4.1. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall supply the Services to the member during the membership in accordance with the member's particular Requests, provided that Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.

4.2. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall use its reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services.

4.3. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall notify the member in any such event.

4.4. Outside normal business hours (or as may otherwise be required from time to time), member queries and/or Requests may be routed to an alternative Quintessentially SA and members of Quintessentially (UK) Limited corporate group office for assistance. At such times, services may be provided in the English language.

4.5. You acknowledge that Quintessentially SA and members of Quintessentially (UK) Limited corporate group reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.

4.6. Telephone calls to Quintessentially SA and members of Quintessentially (UK) Limited corporate group may be monitored or recorded for training and quality control purposes.

4.7. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.

4.8. Restaurants and clubs:

4.8.1. When you use the restaurant booking service you hereby authorise us to debit your Payment Card for any deposit paid by us on your behalf to the restaurant which is forfeited as a result of your cancellation of the booking.

4.8.2. When you use the restaurant booking service you agree that where you cancel a restaurant booking within 24 hours of the time the restaurant reservation is made you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.

4.8.3. Quintessentially SA and members of Quintessentially (UK) Limited corporate group reserves the right to deny restaurant requests from members if members repeatedly fail to honour their bookings or continuously violate cancellation policies.

4.8.4. Admission of members to any club premises is at all times at the sole discretion of the club Supplier and Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall have no liability where a member is refused admission to a club.

4.9. Tickets:

4.9.1 Quintessentially SA and members of Quintessentially (UK) Limited corporate group may be able to obtain "best tickets" for you in relation to sold out events through one of its ticket agent partners. Please note that by instructing Quintessentially SA and members of Quintessentially (UK) Limited corporate group to obtain such tickets on your behalf you are agreeing to purchase tickets above face value and the total cost may include a service charge to Quintessentially SA and members of Quintessentially (UK) Limited corporate group in respect of our provision of services to obtain the seats for you. Quintessentially SA and members of Quintessentially (UK) Limited corporate group is not the seller of the tickets and is not responsible for fulfilment of your order.

4.9.2. All such tickets and ticket agent partners (who shall be the seller in respect of the transaction) shall have their own terms and conditions (which we suggest you should read). Such terms and conditions are likely to include terms which state that sales of tickets are final and no refunds shall be issued after the purchase has been made. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall not be able to provide you with any refund or obtain any such refund on your behalf.

4.9.3. In the event of a show being cancelled directly by the artist/promoter, it may be possible to obtain a refund of the face value of the relevant tickets.

4.9.4. Quintessentially SA and members of Quintessentially (UK) Limited corporate group or its ticket agent partner will despatch your tickets through delivery agents at standard rates. Please note that Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall not be liable for any failure by delivery agents to deliver your tickets.

5. PLACING A REQUEST

5.1. Members may place Requests by telephone (which does not include text messages) or e-mail once the member is registered.

5.2. Members should always contact their primary office in the first instance to manage all Requests (including international Requests).

5.3. Quintessentially SA and members of Quintessentially (UK) Limited corporate group, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.

5.4. Quintessentially SA and members of Quintessentially (UK) Limited corporate group is unable or not obliged to deal with any Request, it will inform the member as soon as reasonably practicable.

5.5. You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the BMW SA Excellence Club you use from time to time is your own and that you have sufficient funds to cover the cost of the product or service.

5.6. From time to time the procurement or provision of certain services, products or benefits may incur a Quintessentially SA and members of Quintessentially (UK) Limited corporate group services fee or handling charge (of which you will be notified in advance, and which may vary between Quintessentially SA and members of Quintessentially (UK) Limited corporate group offices) and in such event you hereby authorise Quintessentially SA and members of Quintessentially (UK) Limited corporate group to debit your BMW SA Excellence Club with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.

6. CANCELLATIONS, REFUNDS AND RETURNS

6.1. The member acknowledges that the sales contract for the supply of goods and/or services made as a result of a Request is between the member and the relevant Supplier and that Quintessentially SA and members of Quintessentially (UK) Limited corporate group is not a party to such contract. Cancellation of contracts with Suppliers should be addressed with the Supplier directly and will be subject to the relevant Supplier's policies.

6.2. If a Request for a specific product or service is not available Quintessentially SA and members of Quintessentially (UK) Limited corporate group may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Supplier for the unavailable product or service.

6.3. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall not be liable for inaccurate or misleading descriptions.

6.4. Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.

6.5. The member further acknowledges that for goods purchased on his or her behalf by Quintessentially SA and members of Quintessentially (UK) Limited corporate group directly from a Supplier, returns and exchanges will be subject to the terms and conditions of that Supplier and returns or exchange of goods purchased may not always be permitted. In circumstances where Quintessentially SA and members of Quintessentially (UK) Limited corporate group is asked to source a specific item for a member, Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall inform the member of the refund and exchange policy of that Supplier in advance. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall not be liable to the member where a Supplier does not accept the return or exchange of an item.

6.6. It shall be the member's sole responsibility to retain all proof of return of goods to a Supplier, we recommend returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.

6.7. We will inform you when we become aware that a refund of an order has been processed by a Supplier.

6.8. Where orders are delivered outside of South Africa, any applicable customs duties and sales taxes shall not be refundable through Quintessentially SA and members of Quintessentially (UK) Limited corporate group. It shall be the member's sole responsibility to recover such monies. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall have no liability for any items held by any customs or border agency.

6.9. In the case of premium courier services, if the member is not at the specified Delivery address to receive their Order at the scheduled time, the member may incur further charges for subsequent attempts to re-deliver the goods.

7. SUPPLIERS

7.1. Suppliers are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.

7.2. Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.

7.3. When ordering a product or service or accessing a Benefit, you may be required to provide your BMW SA Excellence Club details. If you request and authorise Quintessentially SA and members of Quintessentially (UK) Limited corporate group to use your BMW SA Excellence Club in order to pay a Supplier for products or services, you acknowledge and agree that Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall have no liability or be responsible in any way whatsoever in respect of the use of your BMW SA Excellence Club provided that Quintessentially SA and members of Quintessentially (UK) Limited corporate group acts in accordance with the instructions issued by you in relation thereof.

7.4. You acknowledge that the Benefits are subject to availability and may change from time to time without notice.

8. LIMITATION OF LIABILITY

8.1. Nothing in these Conditions shall limit or exclude Quintessentially SA and members of Quintessentially (UK) Limited corporate group's liability for:

8.1.1. Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

8.1.2. Fraud or fraudulent misrepresentation; or

8.1.3. Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

8.2. Subject to clause 8.1.:

8.2.1. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall not be liable to the member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their membership.

8.3. Your contract for the supply of products or services is made with the relevant Supplier only. Quintessentially SA and members of Quintessentially (UK) Limited corporate group acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.

8.4. You acknowledge that any contract entered into by you with any Supplier is an independent contract. Quintessentially SA and members of Quintessentially (UK) Limited corporate group hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through the Quintessentially SA and members of Quintessentially (UK) Limited corporate group.

8.5. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival.

8.6. Quintessentially SA and members of Quintessentially (UK) Limited corporate group shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of Quintessentially SA and members of Quintessentially (UK) Limited corporate group's obligations in relation to the Services, if the delay or failure was due to any cause beyond Quintessentially SA and members of Quintessentially (UK) Limited corporate group's reasonable control.

8.7. Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.

8.8. This clause 8 shall survive termination of these Conditions.

9. COMMENCEMENT AND TERMINATION

9.1. These Conditions shall take effect and be binding upon the member acceptance by Quintessentially SA and members of Quintessentially (UK) Limited corporate group of your membership. These Conditions shall be applicable for the duration of your membership and shall only cease to have effect upon the expiry or termination of your membership. You agree that your only rights and remedies under these Conditions shall be against Quintessentially SA and members of Quintessentially (UK) Limited corporate group (UK) Limited and no other entity.

10. GENERAL

10.1. Privacy and Data Protection

10.1.1. The Services and your membership are subject to the Quintessentially (UK) Limited corporate group privacy policy, incorporated into these Conditions which applies at all times in relation to any data that we collect from you.

10.2. Assignment and subcontracting:

10.2.2. Quintessentially (UK) Limited corporate group may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.